HomeMy WebLinkAboutCC 1992-09-10 Minutes4W N'YtC, �4 1,
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LEGISLATIOM
PAG E
CONSENT AGENDA.
DISCUSSION
2 3
ALLOCATE $18 000 FOR
R PAYMENT OF
R 92-523
3
COMPENSATION TO SPECIAL 'COUNSEL: FOR
9/10/92
CODE ENFORCEMENT BOARD.,
1.2
AUTHORIZE PURCHASE OF A VERMEER 1250
R 92-524
3
BRUSH CHIPPER FROM EXISTING STATE OF
9/10/92
FLORIDA DEPARTMENT OF TRANSPORTATION
CONTRACT FROM VERMEER SOUTHEAST SALES &
SERVICE, INC. ($17,427.89) -- FOR
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE.
1.3 EXECUTE AGREEMENT WITH NATIONAL CENTER R 92-525
FOR MUNICIPAL DEVELOPMENT, INC., TO 9/10/92
CONTINUE REPRESENTATION OF CITY OF
MIAMI IN WASHINGTON, D.C. BY MARK
ISRAEL; ALLOCATE $28,800 FOR SERVICES
AND $2,000 FOR EXPENSES FROM
LEGISLATIVE LIAISON GENERAL FUND.
1.4 EXECUTE AGREEMENT WITH CODE I
R 92-526 4
il
ASSOCIATION, INC., 17OR PROVISION OF
9/10/92
R"E6-IABILT-11-ATIVE RESPONSE SERVICES TO
D E IAA RT M E 1, ill' 0 r.-
I FIRIE, RESCuF AND
T j� S r- �, (" - " () �
'ji SFR'v`JlrUES,' PERSONNEL 0114 CODE.
KI F I R E S NG 51f: Clf" N 0 L A R, M 5 A N' D
AT lA'PAJ,0,R, As
A 11R, D It ML SPILIca
C) L. L A
-;�p i IT "A
I , "IF:` C 'L 1r)" I W i I
FOR' R r
Ulf 9
Al.
RIM
LS EXECUTE LICENSE AGREEMENT WITH BISCAYNE
BAY MARRIOTT MARINA, FOR PROVISION OF
COMPLEMENTARY DOCKAGE SPACE (FOR
DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES' DIVE BOAT).
lily RATIFY, APPROVE AND CONFIRM ACTION OF
MANAGER IN ESTABLISHING SPECIAL TERMS
AND CONDITIONS FOR USE OF BICENTENNIAL
PARK ON AUGUST 22o 1992 BY CELLAR DOOR
CONCERTS FOR LIVE CONCERT AS PART OF
11LOLLAPALOOZA TOUR."
1.8 ENTER INTO PROFESSIONAL SERVICES
AGREEMENT WITH PEAT MARWICK MAIN AND
COMPANY, WITH MINORITY PARTICIPATION
FROM GRAU AND COMPANY, TO ANALYZE
FINANCIAL VIABILITY OF PROPOSALS FOR
UNIFIED DEVELOPMENT PROJECT ON CITY —
OWNED PROPERTY LOCATED BETWEEN S.W. 2
AND 3 STREETS ALONG S.W. NORTH RIVER
DRIVE.
1.9 APPROVE ENGAGEMENT OF LAW FIRM OF
WEISS, SEROTA AND HELFMAN, P.A., AS
COUNSEL BEFORE CIRCUIT COURT, FOR
LITIGATION CONCERNING SALES AND USE TAX
AUDIT NO. 9105311575.
R 92428
9/10/92
T
R 92-629 6
9/10/92
R 92-531 7
9/10/92
1.10 RATIFY AND APPROVE ENGAGEMENT OF FINE,
R 92-532 7
JACOBSON, SCHWARTZ, NASH, BLOCK AND
9/10/92
ENGLAND AS COUNSEL BEFORE U.S.
BANKRUPTCY COURT SOUTHERN DISTRICT OF
FLORIDA, CONCERNING CHAPTER 11
PROCEEDINGS FILED BY MIAMI CENTER
ASSOCIATES, LTD. (MCA).
1.1l GRANT REQUEST BY COCONUT GROVE CHAMBER
R 92-533 8
OF COMMERCE FOR CLOSURE' OF DESIGNATED
9110j'92
STREETS CONCERNING 16TH ANNUAL BANYAN
ARTS & CRAFTS FESTIVAL - AUTHORIZE
SAL I E OF - BEE" Atif', WINE: ESTABLISHMENT OF
D r
r�DESTRIAN MALL., T--, IN' D A. R E : A "ROHIBITED 'TO
RETAIL. PEDDLERS.
1.12 Gt R A N1 REQUEST BY MiANI RUNINE_RS (ILUB,
8
I Nt C F CAR P A RT I AIL US:_ '21F DESIGNIATED
9, 1110 2
STRE� 11 11
E T S, COCONUT GROVF AV-
Y -
�,ED Cor0f,iff GROVE _51141LER.
QRANT'.-REQUyy[3T-BTypyjMIAy�yml.'. R�UNNyERy��t
.
VNATyyD 4TRW��r-
..':
".
COG NUT :GRAVE CON ERNiN0 OAOY' 00MEA SK
ROAC1-:RAC;`EVEN��
1614
GRANT REQUEST BY:--,: MIAMI; RUNNERS CLUB,
R 92"556
9
�i
1NC.j PORN I USE DOE STREETS IN
9/10/9
COCONUT GROVEi CONCERNING ORANGEBOWL
10K RACE EVENT.
.15
GRANT REQUEST BY MIAMI BOOK FAIR
R 92-537
10
INTERNATIONAL,< INC. FOR CLOSURE OF
0/10/52
DESIGNATED STREETS, ESTABLISHMENT OF
-PEDESTRIAN MALL AND AREA PROHIBITED TO
RETAIL PEDDLERS CONCERNING '1992 MIAMI
BOOK FAIR INTERNATIONAL STREET
FESTIVAL.
1.w
ACCEPT PLAT: HALISSEE TIGERTAIL
R 92-538
10
SUBDIVISION.
9/10/52
1.17
RATIFY POSTPONEMENT OF COLLECTION FROM
R 92-539
11
VIZCATRAN, LIMITED, OF FEES REQUIRED BY
9/10/92
CODE SEC. 2-99(a)(2) TO EXTEND TIME
LIMITATION REQUEST; SAID FEES TO BE
PAID IN FULL BY VIZCATRAN,'LIMITED AT
SUCH TIME THAT NECESSARY FUNDING IS
SECURED BY CODEC, INC., TO BEGIN
-CONSTRUCTION WITHIN SUBJECT
SUBDIVISION. (See label 12)
[Nate: This resolution was later
reconsidered by M-92-546.]
2.
DISCUSS AND DEFER CONSIDERATION OF
DISCUSSION
11.-14
PROPOSED RESOLUTION TO RATIFY MANAGER'S
9/10/92
44P.ACTION
IN ACCEPTING DONATION OF
-aE31
CELLULAR TELEPHONE UNITS, BATTERY
s
SAVERS, BATTERY CHARGES, EXTRA
AT
�z -
BATTERIES, VOICE MAIL SERVICE AND
AIRTIME FOR NEIGHBORHOOD ENHANCEMENT
TEAM (NET) SERVICE CENTERS, FROM
CELLULAR ONE COMPANY.
OR
Av
or
v«a
-
DISCUSS AND DEFER CONSIDERATION ��
DISCUSSION141�i�:,
PROPOSED RRSOLUTIONS MAKING ALLOCATIONS'
FROM LAW ENFORCEMENT" TRUST FUND: (a)
$6,950 TO YOUTH OF AMERICA ROLE MODELS'
ACTIVITIES TRIP, SPONSORED -THROUGH THE
MARTIN LUTHER KING ECONOMIC DEVELOPMENT
CORPORATION; (b) $83 275 TO YOUTH
CRIME AND DRUG PREVENTION SOCCER
LEAGUE; (C) $34,334 TO ROBBERY
TACTICAL DETAIL; AND (d) $36,564 TO A
MOTEL SQUAD.
a
4.
ACCEPT BID: GG & DO SERVICES FOR
R 92-540
19-20
OVERTOWN SHOPPING CENTER, FOR
9/10/92
FURNISHING GROUNDS MAINTENANCE SERVICE.
5.
DISCUSS AND DEFER CONSIDERATION OF
M 92.541
20-22
PROPOSED RESOLUTIONS: (a) AUTHORIZING
9110/92
PURCHASE OF 35 CALL CHECK RECORDERS;
(b) ACCEPTING BID OF CORE CONCEPTS,
INC'. FOR E-911 CALLER WORKSTATION; AND
ACCEPTING BID OF COMPUTER
RESOLUTIONS AND W.E. COLEMAN AND
_
ASSOCIATES FOR COMPUTER TERMINALS.
6.
DENY PROPOSED RESOLUTION TO ACCEPT BID
M 92-542
23-31
OF LAWMEN'S AND SHOOTERS SUPPLY, FOR
9/10/92
FURNISHING AMMUNITION AND RANGE
-5.
SUPPLIES TO THE POLICE DEPARTMENT.
7.
8.
-.
9.
10.
CLAIM SETTLEMENT: RAFAEL SIERRA R 92-543 32-35
($8,000). 9/10/92
BRIEF COMMENTS BY COMMISSIONER DAWKINS
RELATING TO CA-20 -- REQUESTS MANAGER
TO INCLUDE MORE MEMBERS FROM THE
COMMUNITY ON REVIEW AND CERTIFICATION
COMMITTEES.
CLAIM SETTLEMENT: CARMEN AND LAZARO
SUAREZ, AS PARENTS AND GUARDIANS OF
DANETTE SUAREZ ($25,000).
CLAIM SETTLEMENT: RUFINA NODA
($65,000).
DISCUSSION 35-36
9110/92
R 92--544 37-40
9/10/92
R 92-545 41-45
9/10/92
DISCUSSION CONCERNING INSURANCE
ADJUSTORS RELATING TO PROBLEMS IN THE
WAKE OF HURRICANE ANDREW;
(A) LOCAL VENDORS COMPLAIN BECAUSE
REPAIR WORK ON BOAT SALVAGE IS BEING
ROUTED TO NON -LOCAL VENDORS.
(B) EXPRESS GRATITUDE TO BROWARD AND
OTHER COMMUNITIES WHO HELPED DADE
COUNTY DURING HOURS OF NEED,
(C) EXPRESS GRATITUDE TO SELFLESS
CITY EMPLOYEES WHO GAVE
OF THEIR TIME AND EFFORT TO HELP DURING
AND AFTER HURRICANE.
(D) COMMISSIONER DAWKINS DIRECTS
MANAGER TO HOLD DAILY BRIEFINGS WITH
MEMBERS OF THE COMMISSION IN FUTURE
INSTANCES OF EMERGENCY;
(E) MANAGER DIRECTED TO RECOMMEND
HONORARY AND COMPENSATORY AWARD FOR
EMPLOYEES WHO WORKED IN EXEMPLARY
FASHION AND THOSE WHO SUFFERED DAMAGES
DURING THE HURRICANE.
12. (A) RECONSIDER PRIOR VOTE ON CA-32
(RESOLUTION RATIFYING THE POSTPONEMENT
OF THE FEES FROM V12WATRAN, LIMITED,
REQUIRED UNDER CODE SEC. 2-99(a)(2);
(B) DEFER CONSIDERATION OF PROPOSED
RESOLUTION TO RATIFY THE POSTPGNEI-AIENT
OF THE COLLECTION OF FEES FROM.
VI7CATRAN, LIMITED, BY EXTENDING SAID
SUBDIVISIONS TIME LIMITATION FOR
COMPLETION OF IMPROVEMENTS UNTIL SUCH
TIME AS CODEC SECURES NECESSARY FUNIDIN:
TO BEGIN CONSTRUCTION.
13. EMERGENCY ORDINANCE: RELATING TO
HURRICANE RELIEF -•- EXTEND FOR 90 DAYS
EFFECTIVE DATES FOR ALI VARIANCES,
SPECIAL EXCEPTIONS, SPECIAL PERMITS,
AND OTHER LAND -USE APPROVALS, WHEN SUCH
APPROVALS HAVE EXPIRATION DATES WHICH
WERE PREVIOUSLY SCHEDULED TO OCCUR FROM
AUGUST 24, 11992 TO NOVFMBER 22, 1992,
14. EMERGENCY ORDINANCEt AMEND 1002i WHICiH
ESTABLISHED INITIAL RESOURCES AND
APPROPRIATIONS FOR THE. LAW EI°1FORCEMIENT
TRUST FUND -- PROVIDE INCREASE OF
207,580 AS RESULT OF ADDITIONAL MONIES
DEPOSITED DUI:. TO SUCCESSFUL. F()RFEITURE
ACTIONS.
DISCUSSION
9/10/92
M 92-546
9/1.0/92
ORK F`IANCE
10995
9/ 10/`?2
ORDINANCE
0996
9/?0/92
46-60
I-64
64 •-„'
66-70
(1� U O 12 APPROPR A CN O,COb
4,:.k -
�`I CV R MIL0RLD ANC. tLAUOE PEPPER
ORDINANCE =
RAV ON1 PARK MANAGEMENT TRUST'S FISCAL
10997
YEAR 91W92 DEFICIT,'
9/10/92
t9) EMERGENCY ORDINANCE: AMEND 105200
TO IMPLEMENT BUDGETARY ADJUSTMENTS TO
COMPLY WITH GENERALLY ACCEPTED
ACCOUNTING PRINCIPLES AS OUTLINED BY
CITY EXTERNAL AUDITORS.
16. FIRST READING ORDINANCE: AMEND
CODE ORDINANCE 79-81
t
CHAPTERS 2 AND 19 ("ADMINISTRATION"
AND FIRST READING
"FIRE PROTECTION") _ PROVIDE
FOR 9/10/92
INCREASE IN FEES FOR INSPECTIONS
AND
EXAMINATIONS OF PLANS FOR COMPLIANCE1.
_�3
EMERGENCY MEDICAL TRANSPORTATION
FEES
31
AND PERMITS, TEST CHARGES AND
FEES
>
RELATED TO REQUIREMENTS AND ENFORCEMENT
i
OF SOUTH FLORIDA FIRE PREVENTION
CODE
ti
AND CODE OF THE CITY OF MIAMI.
17.. A. CONTINUE CONSIDERATION OF PROPOSED
DISCUSSION 82--86
RESOLUTION SETTING FORTH NEW SPECIAL
9/10/92
PROJECTS AND EVENTS TO DE PRODUCED AND
CABLECAST ON THE CITY'S MUNICIPAL
M
ACCESS CABLE CHANNEL "MIAMI NET 9" FOR
w
THE MONTH OF OCTOBER, 1992.
s€�
11;
_
D. COMMISSIONER J.L. PLUMMER DEMANDS
FROM ADMINISTRATION THAT A VIDEO BE
BROUGHT TO THE COMMISSION CONTAINING
DISRESPECTFUL REMARKS BY POLICE
OFFICERS CONCERNING CITY COMMISSIONERS.
;.
18. DISCUSS AND CONTINUE CONSIDERATION OF
DISCUSSION 56-105
,s
PROPOSED RESOLUTION RATIFYING AND
9/10/92
�Y
AFFIRMING DOWNTOWN DEVELOPMENT
=
AUTHORITY'S SELECTION OF WACKENHUT FOR
PROVISION OF ARMED PRIVATE SECURITY
SERVICES FOR THE FLAGLER/CORE AREA
SECURITY DISTRICT SPECIAL IMPROVEMENT
.
DISTRICT. (NOTE: This d;scussion was
continued tothe agenda for 9-24-92)
y ;
Z;
WHOM 1W�
5PPEct PAR I'A ROW
ua'.�a�u.aaavr�s awe-a+;�w
I'
25. COMMISSIONER DE YURRE THANKS THE DISCUSSION
DEPARTMENT OF GENERAL SERVICES 9/10/92
ADMINISTRATION AND SOLID WASTE FOR AN
OUTSTANDING JOB PERFORMANCE DURING AND
AFTER HURRICANE ANDREW.
26. (Continued Discussion) LOCAL BUSINESSES DISCUSSION
COMPLAIN OF PROBLEMS AT DINNER KEY 9/10/92
MARINA: (a) THAT SALVAGE COMPANIES AND
BOAT INSURANCE COMPANIES ARE REFERRING
HURRICANE RELATED WORK ORDERS TO NON
LOCAL VENDORS; (b) PROTEST THE CITY'S
CHARGING OF RENT AT THE MARINA SINCE
MARINA IS NOT EVEN OPEN -- REFER TO
CITY MANAGER. (See label 11).
27. WAIVE COMPETITIVE SEALED BIDS R 92-551
REQUIREMENT -- ACCEPT PROPOSAL FOR 9/10/92
ACQUISITION OF SERVICES, EQUIPMENT
GOODS AND/OR MATERIALS AS MAY BE
REQUIRED FOR BURDEN RELIEF AND DISASTER
ASSISTANCE DUE TO DAMAGE CAUSED BY
HURRICANE ANDREW -- CONFIRM FINDING
THAT VALID PUBLIC EMERGENCY EXISTS --
AUTHORIZE MANAGE TO UTILIZE CITY FORCES
IN RESPONSE TO SAID DISASTER AS
REQUIRED -- PERMIT MANAGER TO PROCEED
WITHOUT EXPRESS COMMISSION APPROVAL IN
EXECUTION OF PURCHASE ORDERS
CONTRACTS WHERE CONTRACT / AWARD DOES
NOT EXCEED $150,000 FOR NONREIMBURSABLE
EXPENSES.
161
161-199
199-207
28. DISCUSSION CONCERNING REQUEST BY
DISCUSSION 208-219
REPRESENTATIVES OF THE LITTLE HAITI
9/10/92
AREA FOR CITY CLEANUP FOLLOWING
HURRICANE ANDREW.
29. DISCUSSION OF CITY ATTORNEY'S DECISION
DISCUSSION 220-230
CONCERNING PAYROLL ENTRIES FOR HIS
9/10/92
STAFF DURING WEEK OF HURRICANE ANDREW.
30. CONFIRM ASSESSMENT ROLL: NORTH FLAGLER
R 92-552, 230-231
SANITARY SEWER IMPROVEMENT, DISTRICT
9/10/92
SR 5500-C.
31. ACCEPT DONATION OF $10,000 FROM CITY OF R 92-553 231-233
KAGOSHIMA$ JAPAN, To AID IN RECOVERY 9/10/92
La
Ga
32. CONFIRM ASSESSMENT ROLL: FLAGLER R 92-554
STREET HIGHWAY IMPROVEMENT (3RD 9/10/92
BIDDING), DISTRICT H-4372 AND FLAGLER
STREET HIGHWAY IMPROVEMENT EXTENSION
(3RD BIDDING), DISTRICT H-4391-A.
233
33.
(A) DISCUSSION OF PROPOSED MILLAGE RATE
DISCUSSION
234-318
AND TENTATIVE FY 92-93 BUDGET FOR THE
M 92-555
CITY OF MIAMI.
M 92-556
(B) DIRECT MANAGER TO PROVIDE MEMBERS
9/10/92
OF THE COMMISSION WITH THE CITY BUDGET
NO LATER THAN JULY 15TH OF EACH
CALENDAR YEAR.
(C) COMMISSION SET POLICY TO REVIEW
EVERY CITY BUDGET ON A QUARTERLY BASIS.
(D) DIRECT CITY MANAGER NOT TO
AUTHORIZE CITY -OWNED AUTOMOBILES TO BE
TAKEN HOME BY EMPLOYEES WHO DO NOT
RESIDE WITHIN CITY LIMITS, WITH
EXCEPTIONS.
34.
FIRST READING ORDINANCE: DEFINE AND
ORDINANCE
318-320
DESIGNATE TERRITORIAL LIMITS FOR THE
FIRST READING
CITY OF MIAMI -- FIX MILLAGE AND LEVY
9/10/92
TAXES FOR FISCAL YEAR FROM OCTOBER 1,
1992 TO SEPTEMBER 30, 1993.
35.
FIRST READING ORDINANCE: MAKE
ORDINANCE
320-322
APPROPRIATIONS FOR CITY OF MIAMI FY 92-
FIRST READING
93 BUDGET.
9/10/92
36.
WAIVE MONTHLY DOCKAGE FEES AT DINNER
R 92-557
322-324
KEY MARINA AND MIAMARINA (EXCLUDING
9/10/92
PIER 5) DUE TO DAMAGE CAUSED BY
HURRICANE ANDREW FROM SEPTEMBER 1, 1992
UNTIL PIERS AT SAID MARINAS ARE
REPAIRED.
37.
DISCUSSION CONCERNING PROPOSED MILLAGE
DISCUSSION
324-329
RATE AND TENTATIVE FY 92-93 BUDGET FOR
9/10/92
THE DOWNTOWN DEVELOPMENT AUTHORITY
(DDA).
38.
FIRST READING ORDINANCE: DEFINE AND
ORDINANCE
329-331
DESIGNATE TERRITORIAL LIMITS OF THE
FIRST READING
DOWNTOWN DEVELOPMENT DISTRICT; FIX
9/10/92
MILLAGE AND LEVY TAXES FOR FISCAL YEAR
OCTOBER 1, 1992 TO SEPTEMBER 30, 1993.
F Rs 1 i7, A0; NA nPOINANCh MAK,_ (!?I)T NANC -.
1'f`r1,':)!'[=''iA11 UN`: IF?I::m 1HF IIOWNTOWN F11:51 rKABIN
DVVE_Kt)PMENT 01 SIF'&T (r)UA) r nR v isr=AL ')i ubnI�'
t ! AR O(_J OkFI:: 1, 1 0 _r' i'(?f f' :)30
II)'13 -- AfUIh(MR i7fF f- Fc1111VL 1)1RE-cTc!R ()[
DDA TO 1 NV 1 TU AND AnVFR I 1 SF i''.f_OUT H 1)
E' ; D. ; - I'R, lr)i C0 R BUF)('F [ARY
1.41. A1iIH1R1171L `';FfR () F IIjtjf) -; `.0,0)0) 1?
[':} OF-VE:i.O[4UN j AU i 0RI _i.Y (1)DA) 9 1O ` -
[-i 0[,' G N F R A i Fi1Ni") ,1`.> n.DV NIC[- IIAYM[ NF OF
AD VALOREM TAXES TO BE. 01 IVH) FROM
MIF I RO i)%�CE PY 1111_ (, ' Y
41 , APPROVE ANNUAL 13UDGE: I OF DEPARTMENT OF R 92 -559
OFF-STREET PARKING f=)R FISCAL YEAR 9/10/92
OCTOBER 1., 1902 TO SEPTEMBER 30, 1993,
42. (A) APPROVE ANNUAL BUDGET FOR R 92--560
DEPARTMENT OF OFF-STREET PARKING FOR. DISCUSSION
OPERATION OF THE GUSMAN CENTER FOR THE 9/1.0/92
PERFORATING ARTS AND TI-11 OLYMPIA OFFICI_
BUILDING FOR FISCAL YEAR OCTOBER 1.,
1992 TO SEPTFMBEIR 30, 1993.
(B) DISCUSSION CONCERNING PROPOSED
ELIMINATION OF GRANTING FRET: DAYS AT
GAYFRONT PARE: AMPHITHEATER.
43. APPROVE FISCAL. YEAR 1.992-93 BUDGET FOR R 92--561
THE SOUTHEAST OVERTOWN f PARK WEST 9/10/92
REDEVELOPMENT DISTRICT TAX INCREMENT
TRUST FUND - INSTRUCT MANAGER TO SEEK
APPROVAL OF BUDGET BY METROPOLITAN DADE
COUNTY.
44. AUTHORIZE MANAGER TO TAKE ACTIONS TO R 92-562
EFFECT TOTAL OR PARTIAL REFUNDING OF 9/10/92
OUTSTANDING PORTION OF CITY'S
$22,000,000 GENERAL OBL.IGATION BONDS;
$38,355,000 GENERAL OBLIGATION
REFUNDING BONDS, SERIES 1986;
$6,375,000 GENERAL OBLIGATION BONDS,
SERIES 19860 AND $22,605,000 GENERAL
OBLIGATION BONDS, SERIES 1987 '--
AUTHORIZE MANAGER TO PREPARE
DOCUMENTATION FOR ISSUANCE OF CITY'S
GENERAL OBLIGATION REFUNDING BONDS,
SERIES 1992, IN AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $90,000,000 --
APPOINT UNDERWRITERS. (See label 19)
3 a? - .;,r
;Jig-341.
34 1 30
345
45 - 8
.�'t J '" .� °i U
MIT
c
0
DISCU')MON CONCIt PMTNC1 SELECTION OF BOND DISCUSSION 348-361
COUNYLL 9/1.0/92
el
r]
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the loth day of September, 1992, the City Commission of Miami,
Florida, met at the City of Miami James L. Knight Center Riverfront i-'all
South, 400 S.E. 2nd Avenue, Miami, Florida in regular session.
The meeting was called to order at 9:00 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
Cesar Odio, City Manager
Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez and then Vice Mayor Alonso
led those present in a pledge of allegiance to the flag.
----------------------------------------------------------
NOTE FOR THE RECORD: By memorandum from City Manager
Cesar Odio, items CA-9, CA-14, CA-20 and 4 were withdrawn.
----------------------------------------------------------
----------------------------------------------------------
NOTE FOR THE RECORD: On a motion duly made by Vice Mayor
Alonso and seconded by Commissioner Dawkins, the minutes
of Commission meetings of May 14, May 26, May 28, June 24,
and July 1, 1992, were approved by the Commission.
-----------------------------------------------------------
1 Septembef 10, 1992
C
11
1. CONSENT AGENDA.
Mayor Suarez: Items CA-1 through CA--32 constitute the Consent Agenda. If
anyone from the general public wishes to be heard on any of those items,
individually, let them step forward and so indicate at this point. The record
reflects that no one has asked for any of those items to be handled
individually. Commissioners, are there ,.ny clarifications? Mr. Manager, do
we have any items that are being withdrawn that I maybe missed?
Vice Mayor Alonso: Nine, fourteen and twenty.
Mayor Suarez: Nine, fourteen...
Vice Mayor Alonso: Twenty.
Commissioner Plummer: Nine, fourteen and twenty.
Mayor Suarez: Are we talking from the Consent Agenda?
Mr. Cesar Odio (City Manager): No. CA-9, CA-14, CA-20 and 4.
Commissioner Plummer: No, four is a regular item.
Vice Mayor Alonso: Regular item.
Mr. Odio: Four is a regular item.
Mayor Suarez: And regular item 4.
Commissioner Plummer: Not, CA.
Mayor Suarez: All right. As to any other items on the Consent Agenda that
anyone would like to have clarified.
Commissioner Plummer: One, two, three, four, five, seven, ten, eleven,
twelve, twenty-two, twenty-four and twenty-five.
Mayor Suarez: OK.
Commissioner Dawkins: I second the motion.
Mayor Suarez: As to the rest of the items I deem that to be a motion by
Commissioner Plummer, seconded by Commissioner Dawkins to approve the rest of
those items.
Commissioner Plummer: Yes, sir.
Mayor Suarez: Call the roll on that motion.
2 September 10, 1992
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER DAWKINS, THE CONSENT AGENDA
WAS PASSED AND ADOPTED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
1.1 ALLOCATE $18,000 FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR CODE
ENFORCEMENT BOARD.
RESOLUTION NO. 92-523
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$16,000 FROM BUDGETED FUNDS OF THE PLANNING,
BUILDING AND ZONING DEPARTMENT FOR PAYMENT OF
COMPENSATION TO SPECIAL COUNSEL FOR THE CODE
ENFORCEMENT BOARD.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
1.2 AUTHORIZE PURCHASE OF A VERMEER 1250 BRUSH CHIPPER FROM EXISTING STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION CONTRACT FROM VERMEER SOUTHEAST
SALES & SERVICE, INC. ($17,427.89) -- FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE.
RESOLUTION NO. 92-524
A RESOLUTION AUTHORIZING THE PURCHASE OF A VERMEER
1250 BRUSH CHIPPER FROM AN EXISTING STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION CONTRACT NO. AP14992G4
FROM THE VERMEER SOUTHEAST SALES & SERVICE, INC., AT
A PROPOSED AMOUNT OF $17,427.89, FOR THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE;
ALLOCATING FUNDS THEREFOR FROM THE RECYCLING PROGRAM
PROJECT NO. 197004, ACCOUNT CODE NO. 421302-840;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS EQUIPMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3 September 10, 1992
Ll
•
1.3 EXECUTE AGREEMENT WITH NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC.,
TO CONTINUE REPRESENTATION OF CITY OF MIAMI IN WASHINGTON, D.C. BY MARK
ISRAEL; ALLOCATE $28,800 FOR SERVICES AND $29000 FOR EXPENSES FROM
LEGISLATIVE LIAISON GENERAL FUND.
RESOLUTION NO. 92-525
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE NATIONAL
CENTER FOR MUNICIPAL DEVELOPMENT, INC., TO CONTINUE
REPRESENTATION OF THE CITY OF MIAMI IN WASHINGTON,
D.C. BY MR. MARK ISRAEL; ALLOCATING FUNDS THEREFOR,
IN AN AMOUNT NOT TO EXCEED $28,800 FOR SAID
SERVICES, AND IN AN AMOUNT NOT TO EXCEED $2,000 FOR
REIMBURSABLE EXPENSES FROM THE LEGISLATIVE LIAISON
GENERAL FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
1.4 EXECUTE AGREEMENT WITH CODE 1 ASSOCIATION, INC., FOR PROVISION OF
REHABILITATIVE RESPONSE SERVICES TO DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES' PERSONNEL ON CODE 1 WORKING FIRES, SECOND ALARMS
AND LARGER, AND AT MAJOR INCIDENTS SUCH AS HAZARDOUS MATERIAL SPILLS,
BUILDING COLLAPSES, AND OTHER CATASTROPHIC DISASTERS.
RESOLUTION NO. 92-526
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH CODE 1
ASSOCIATION, INC., FOR THE PROVISION OF
REHABILITATIVE RESPONSE SERVICES TO THE DEPARTMENT
OF FIRE, RESCUE AND INSPECTION SERVICES PERSONNEL
ENGAGED IN COMBAT OF CODE 1 WORKING FIRES, SECOND
ALARMS AND LARGER, AND AT MAJOR INCIDENTS SUCH AS
HAZARDOUS MATERIAL SPILLS, BUILDING COLLAPSES, AND
OTHER CATASTROPHIC DISASTERS, AT NO COST TO THE CITY
OTHER THAN THE PROVISION OF "IN -KIND" SUPPORT
SERVICES OF MAINTAINING AND STORING THE CODE 1
CANTEEN TRUCK READY FOR USE, AND THE PROVISION OF
SUFFICIENT PAGERS AND IDENTIFICATIONS FOR CODE 1
RESPONDERS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
- 4 September 10, 1992
1.5 EXECUTE AGREEMENT WITH MEDICAL PRIORITY CONSULTANTS, INC., FOR EMERGENCY
CALL TAKING TRAINING THE FIRE DEPARTMENT COMMUNICATIONS OPERATORS
($20,000).
RESOLUTION NO. 92-527
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH MEDICAL
PRIORITY CONSULTANTS, INC., FOR EMERGENCY CALL
TAKING TRAINING OF THE FIRE DEPARTMENT
COMMUNICATIONS OPERATORS AT A COST NOT TO EXCEED
$20,000; ALLOCATING FUNDS THEREFOR FROM DADE COUNTY
EMS GRANT AWARD (FY 91-92) PROJECT (104007) INDEX
CODE NO. 280516-840 IN THE AMOUNT OF $2,900 AND THE
ENHANCED 9-1-1 PROJECT (506001), INDEX CODE NO.
420604-340 IN THE AMOUNT OF $17,100.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
1.6 EXECUTE LICENSE AGREEMENT WITH BISCAYNE BAY MARRIOTT MARINA, FOR
PROVISION OF COMPLEMENTARY DOCKAGE SPACE (FOR DEPARTMENT OF FIRE, RESCUE
AND INSPECTION SERVICES' DIVE BOAT).
RESOLUTION NO. 92-528
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH BISCAYNE BAY
MARRIOTT MARINA FOR PROVISION OF COMPLEMENTARY
DOCKAGE SPACE AT SAID MARINA, LOCATED AT 1633 NORTH
BAYSHORE DRIVE, MIAMI, FLORIDA, FOR THE DEPARTMENT
OF FIRE, RESCUE AND INSPECTION SERVICES DIVE BOAT
FOR ONE YEAR, RENEWABLE ANNUALLY AT THE DISCRETION
OF THE MARINA MANAGER; SAID DOCKAGE SPACE TO BE IN
MUTUAL BENEFIT AND AT NO COST TO THE CITY FOR
STORAGE, WATER, POWER, 24 HOUR SECURITY, AND FURTHER
SUBJECT TO THE TEMPORARY REMOVAL OF THE VESSEL FROM
THE PREMISES AS SPECIFIED HEREIN.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
September 10, 1992
1.7 RATIFY, APPROVE AND CONFIRM ACTION OF MANAGER IN ESTABLISHING SPECIAL
TERMS AND CONDITIONS FOR USE OF BICENTENNIAL PARK ON AUGUST 22, 1992 BY
CELLAR DOOR CONCERTS FOR LIVE CONCERT AS PART OF "LOLLAPALOOZA TOUR."
RESOLUTION NO. 92-529
A RESOLUTION, WITH ATTACHMENT, RATIFYING, APPROVING
AND CONFIRMING THE ACTIONS OF THE CITY MANAGER IN
ESTABLISHING SPECIAL TERMS AND CONDITIONS FOR THE
USE OF BICENTENNIAL PARK ON AUGUST 22, 1992 BY
CELLAR DOOR CONCERTS OF FLORIDA, INC. FOR THE
PURPOSE OF PRESENTING A LIVE CONCERT AS PART OF THE
NATIONWIDE "LOLLAPALOOZA TOUR" AND IN EXECUTING THE
ATTACHED AGREEMENT BETWEEN THE CITY OF MIAMI AND
SAID EVENT SPONSOR.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
1.8 ENTER INTO PROFESSIONAL SERVICES AGREEMENT WITH PEAT MARWICK MAIN AND
COMPANY, WITH MINORITY PARTICIPATION FROM GRAU AND COMPANY, TO ANALYZE
FINANCIAL VIABILITY OF PROPOSALS FOR UNIFIED DEVELOPMENT PROJECT ON
CITY -OWNED PROPERTY LOCATED BETWEEN S.W. 2 AND 3 STREETS ALONG S.W.
NORTH RIVER DRIVE.
RESOLUTION NO. 92-530
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A PROFESSIONAL SERVICES AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH PEAT MARWICK
MAIN & COMPANY, CERTIFIED PUBLIC ACCOUNTANTS, WITH
THE PARTICIPATION OF THE MINORITY -OWNED ACCOUNTING
FIRM OF GRAU & COMPANY, TO ANALYZE THE FINANCIAL
VIABILITY OF PROPOSALS TO BE SUBMITTED ON NOVEMBER
10, 1992, IN RESPONSE TO THE REQUEST FOR PROPOSALS
(RFP) FOR THE UNIFIED DEVELOPMENT PROJECT ON CITY -
OWNED PROPERTY LOCATED BETWEEN SOUTHWEST 2ND AND 3RD
STREETS ALONG SOUTHWEST NORTH RIVER DRIVE, MIAMI,
FLORIDA; AUTHORIZING COMPENSATION FOR PROFESSIONAL
ACCOUNTING SERVICES IN AN AMOUNT NOT TO EXCEED
$26,100, BASED ON AN $8,700 FEE PER PROPOSAL FOR THE
EVALUATION OF UP TO THREE PROPOSALS, PLUS OUT-OF-
POCKET EXPENSES NOT TO EXCEED TEN PERCENT (10%) OF
THE SAID ACTUAL FEE PAID; FURTHER ALLOCATING SAID
COMPENSATION FROM FUNDS AVAILABLE IN THE
PROFESSIONAL SERVICES ACCOUNT OF THE DEPARTMENT OF
DEVELOPMENT AND HOUSING CONSERVATION FY 1992-93
BUDGET; SAID FUNDS TO BE REIMBURSED TO THE CITY BY
THE SUCCESSFUL PROPOSER UPON EXECUTION OF A
NEGOTIATED LEASE AGREEMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
0
September 10, 1992
1.9 APPROVE ENGAGEMENT OF LAW FIRM OF WEISS, SEROTA AND HELFMAN, P.A., AS
COUNSEL BEFORE CIRCUIT COURT, FOR LITIGATION CONCERNING SALES AND CASE
TAX AUDIT NO. 9105311575.
RESOLUTION NO. 92-531
A RESOLUTION APPROVING THE ENGAGEMENT OF THE LAW
FIRM OF WEISS, SEROTA & HELFMAN, P.A., TO SERVE AS
COUNSEL BEFORE THE CIRCUIT COURT, IN AND FOR DADE
COUNTY, FLORIDA FOR LITIGATION PROCEEDINGS IN
CONNECTION WITH SALES AND USE TAX AUDIT NO.
9105311575, WITH THE FEE FOR SAID SERVICES AT THE
TRIAL COURT LEVEL NOT TO EXCEED $20,000.00;
ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI'S
SELF-INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
1.10 RATIFY AND APPROVE ENGAGEMENT OF FINE, JACOBSON, SCHWARTZ, NASH, BLOCK
AND ENGLAND AS COUNSEL BEFORE U.S. BANKRUPTCY COURT SOUTHERN DISTRICT OF
FLORIDA, CONCERNING CHAPTER 11 PROCEEDINGS FILED BY MIAMI CENTER
ASSOCIATES, LTD. (MCA).
RESOLUTION NO. 92-532
A RESOLUTION RATIFYING AND APPROVING THE ENGAGEMENT
OF THE LAW FIRM OF FINE, JACOBSON, SCHWARTZ, NASH,
BLOCK AND ENGLAND ("FINE JACOBSON") TO SERVE AS
COUNSEL BEFORE THE UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA, IN CONNECTION WITH THE
CHAPTER it PROCEEDINGS FILED BY MIAMI CENTER
ASSOCIATES, LTD., ("MCA") WITH FEES FOR SAID
SERVICES IN AN AMOUNT NOT TO EXCEED $12,000.00;
ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI'S
SELF-INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7 September 10, 1992
1.11 GRANT REQUEST BY COCONUT GROVE CHAMBER OF COMMERCE FOR CLOSURE OF
DESIGNATED STREETS CONCERNING 16TH ANNUAL BANYAN ARTS & CRAFTS
FESTIVAL -- AUTHORIZE SALE OF BEER AND WINE; ESTABLISHMENT OF PEDESTRIAN
MALL AND AREA PROHIBITED TO RETAIL PEDDLERS.
RESOLUTION NO. 92-533
A RESOLUTION RELATED TO THE 16th ANNUAL BANYAN ARTS
& CRAFTS FESTIVAL TO BE CONDUCTED BY THE COCONUT
GROVE CHAMBER OF COMMERCE NOVEMBER 14-15, 1992;
AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO
THROUGH VEHICULAR TRAFFIC AND ESTABLISHING A
PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS
BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES; AUTHORIZING A TWO-DAY PERMIT TO
SELL BEER AND WINE IN CONNECTION WITH SAID EVENT
SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY
LAW; ESTABLISHING AN AREA PROHIBITED TO RETAIL
PEDDLERS DURING THE PERIOD OF THE EVENT;
CONDITIONING ALL APPROVALS AND AUTHORIZATIONS HEREIN
UPON THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS
OF CITY SERVICES AND FEES AND OBTAINING INSURANCE TO
PROTECT THE CITY IN THE AMOUNT PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
1.12 GRANT REQUEST BY MIAMI RUNNERS CLUB, INC., FOR PARTIAL USE OF DESIGNATED
STREETS IN COCONUT GROVE CONCERNING AV-MED COCONUT GROVE 5-MILER.
RESOLUTION NO. 92-534
A RESOLUTION APPROVING THE PARTIAL USE OF STREETS
AND THOROUGHFARES IN COCONUT GROVE DURING THE AV-MED
COCONUT GROVE 5-MILER TO BE CONDUCTED BY THE MIAMI
RUNNERS CLUB, INC., ON OCTOBER 3, 1992, BETWEEN THE
HOURS OF 5:00 A.M. AND 11:00 A.M.; SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND
FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING
THE POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW ON
CERTAIN STREETS; CONDITIONING ALL APPROVALS AND
AUTHORIZATIONS HEREIN UPON THE ORGANIZERS PAYING FOR
ALL THE NECESSARY COSTS OF CITY SERVICES AND FEES
ASSOCIATED WITH THE EVENT AND OBTAINING INSURANCE TO
PROTECT THE CITY IN THE AMOUNT PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8 September 10, 1992
1.13 GRANT REQUEST BY MIAMI RUNNERS CLUB, INC. FOR USE OF DESIGNATED STREETS
IN COCONUT GROVE CONCERNING BABY BOOMER 5K ROAD RACE EVENT.
RESOLUTION NO. 92-535
A RESOLUTION RELATED TO THE USE OF CERTAIN STREETS
AND THOROUGHFARES IN THE COCONUT GROVE AREA DURING
THE "BABY BOOMER" 5K ROAD RACE, TO BE CONDUCTED BY
THE MIAMI RUNNERS CLUB ON DECEMBER 6, 1992, BETWEEN
THE HOURS OF 5:00 P.M. AND 8:30 P.M., SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND
FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING
THE POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW ON THE
STREETS TO BE UTILIZED AS PART OF THE RACE COURSE;
CONDITIONED UPON ORGANIZERS PAYING FOR ALL NECESSARY
COSTS OF CITY SERVICES AND FEES ASSOCIATED WITH SAID
EVENT, AND OBTAINING INSURANCE TO PROTECT THE CITY
IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR
HIS DESIGNEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
1.14 GRANT REQUEST BY MIAMI RUNNERS CLUB, INC., FOR USE OF DESIGNATED STREETS
IN COCONUT GROVE CONCERNING ORANGE BOWL 10K RACE EVENT.
RESOLUTION NO. 92-536
A RESOLUTION APPROVING THE USE OF CERTAIN STREETS
AND THOROUGHFARES IN COCONUT GROVE DURING THE ORANGE
BOWL 10K RACE TO BE CONDUCTED BY THE MIAMI RUNNERS
CLUB ON DECEMBER 19, 1992 BETWEEN THE HOURS OF 8:00
A.M. AND 11:00 A.M.; SUBJECT TO THE ISSUANCE OF
PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE,
RESCUE AND INSPECTION SERVICES; AUTHORIZING THE
POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW ON THE
STREETS TO BE UTILIZED AS ORGANIZERS PAYING FOR ALL
NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES
ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE
TO PROTECT THE CITY IN THE AMOUNT 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.)
9 September 10, 1992
1.15 GRANT REQUEST BY MIAMI BOOK FAIR INTERNATIONAL, INC. FOR CLOSURE OF
DESIGNATED STREETS, ESTABLISHMENT OF PEDESTRIAN MALL AND AREA PROHIBITED
TO RETAIL PEDDLERS CONCERNING 1992 MIAMI BOOK FAIR INTERNATIONAL STREET
FESTIVAL.
RESOLUTION NO. 92-537
A RESOLUTION CONCERNING THE 1992 MIAMI BOOK FAIR
INTERNATIONAL STREET FESTIVAL TO BE CONDUCTED BY
MIAMI BOOK FAIR INTERNATIONAL, INC. ON NOVEMBER 20-
22, 1992; AUTHORIZING THE CLOSURE OF DESIGNATED
STREETS TO THROUGH VEHICULAR TRAFFIC AND
ESTABLISHING A TEMPORARY PEDESTRIAN MALL SUBJECT TO
THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE
AND FIRE, RESCUE AND INSPECTION SERVICES; FURTHER
ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS
DURING THE PERIOD OF SAID EVENT; CONDITIONED UPON
THE ORGANIZERS PAYING FOR ALL THE NECESSARY COSTS OF
CITY SERVICES AND FEES ASSOCIATED WITH SAID EVEN AND
OBTAINING INSURANCE TO PROTECT THE CITY IN THE
AMOUNT PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
1.16 ACCEPT PLAT: HALISSEE TIGERTAIL SUBDIVISION.
RESOLUTION NO. 92-538
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED HALISSEE TIGERTAIL SUBDIVISION, A
SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF
THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT;
ACCEPTING THE COVENANT TO RUN WITH THE LAND
POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN
IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF
PUBLIC WORKS; AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
10 September 10, 1992
4
► A
1.17 RATIFY POSTPONEMENT OF COLLECTION FROM VIZCATRAN, LIMITED, OF FEES
REQUIRED BY CODE SEC. 2-99(a)(2) TO EXTEND TIME LIMITATION REQUEST; SAID
FEES TO BE PAID IN FULL BY VIZCATRAN, LIMITED AT SUCH TIME THAT
NECESSARY FUNDING IS SECURED BY CODEC, INC., TO BEGIN CONSTRUCTION
WITHIN SUBJECT SUBDIVISION. (See label 12)
[Note: This resolution was later reconsidered by M-92-546.]
RESOLUTION NO. 92-539
A RESOLUTION RATIFYING THE POSTPONEMENT OF THE
COLLECTION FROM VIZCATRAN, LIMITED, OF THE FEES
REQUIRED BY SECTION 2-99(a)(2) OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, TO EXTEND THE
SUBDIVISION IMPROVEMENTS TIME LIMIT, AS RELATED TO
THE "VIZCATRAN GARDEN" SUBDIVISION FROM JUNE 26,
1990 TO JUNE 26, 1992; FURTHER BY APPROVING THE
POSTPONEMENT OF THE COLLECTION OF SAID FEE: TO
EXTEND SAID SUBDIVISION IMPROVEMENTS TIME LIMIT FROM
JUNE 26, 1992 TO JUNE 26, 1993, SAID FEES TO BE PAID
IN FULL BY VIZCATRAN, LIMITED AT SUCH TIME THAT THE
NECESSARY FUNDING IS SECURED BY CODEC, INC. TO BEGIN
CONSTRUCTION WITHIN THE AFORESAID SUBDIVISION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO RATIFY
MANAGER'S ACTION IN ACCEPTING DONATION OF CELLULAR TELEPHONE UNITS,
BATTERY SAVERS, BATTERY CHARGES, EXTRA BATTERIES, VOICE MAIL SERVICE AND
AIRTIME FOR NEIGHBORHOOD ENHANCEMENT TEAM (NET) SERVICE CENTERS, FROM
CELLULAR ONE COMPANY.
Mayor Suarez: Item one.
Commissioner Plummer: Item one. Mr. Manager, it is very nice for Cellular
One to donate the telephones. Who is going to pay the monthly bills, and why
aren't we using regular radios from City Communications which we pay millions
of dollars for...
Mr. Cesar Odio (City Manager): They are going...
Commissioner Plummer: ...instead of cellular phones?
Mr. Odio: They are going to pay for that. This is an absolute donation.
Commissioner Plummer: Including the monthly charges?
Mr. Odio: That is what I understand.
11
September 10, 1992
13
Commissioner Plummer: I move item one.
Mayor Suarez: So moved.
Commissioner Dawkins: Under discussion. They will pay it for the first year.
Who is going to pay it the second year?
Mr. Ron Williams (Assist. City Manager): Commissioner Dawkins, you are
absolutely correct. They will pay it for the first year. At that point, we
will either have to appropriate it in our budget or return the units.
Commissioner Plummer: Why wasn't I told that? I asked a simple question.
Who is paying the monthly fees. No body said to me, "They are going to pay it
the first year." They said it was a total donation.
Commissioner Dawkins: That is what they said.
�I
Mr. Odio: It says one...
Commissioner Plummer: Excuse me. Do I understand the English language? I
asked a question, who is paying the fees.
Mr. Odio: They are.
Commissioner Plummer: The answer was, "It was a total donation." Now what is
this about after the first year. Is there something kind of total donation
that I don't know about?
Mr. Williams: Commissioner Plummer, your ah... In your cover letter from the
Manager...
Commissioner Plummer: Sir, I'll ask my question again. Who is paying the
monthly fees?
Mr. Williams: The monthly fee for the first year is donated.
Commissioner Plummer: Thank you. That is a better answer.
Vice Mayor Alonso: Regardless of the use...
Commissioner Plummer: I do not move item one. I withdraw my motion.
Vice Mayor Alonso: Mr. Williams, regardless of the usage?
Mr. Williams: Yes.
Commissioner Plummer: I move to defer.
Vice Mayor Alonso: Second.
Commissioner De Yurre: Discussion.
Mayor Suarez: Yes, Commissioner De Yurre, I am sorry.
12 September 10, 1992
Commissioner Plummer: I am sorry I can't hear him.
Commissioner De Yurre: What is the reason?
Commissioner Plummer: Victor, I am sorry I can't hear you.
Commissioner De Yurre: What is the reasoning for not voting on this item at
this point and time?
Commissioner Plummer: Victor, what I am trying to accomplish is if, in fact,
it is a total donation, let's go back and make it a total donation, or let's
have an understanding that at the end of the year that we will reevaluate, and
we will either make a determination by this Commission to keep those, or, in
fact, we will send them back.
Mayor Suarez: Can't we do that with the item as presented...
Commissioner Plummer: I can't answer that, sir.
Mayor Suarez: ...with that proviso?
Commissioner Plummer: That is why I am deferring to find out.
Mayor Suarez: Well, can't we answer that now so we can dispose of the matter?
Commissioner Plummer: Mr. Mayor, we have over 1500 radios, even to the extent
that we have street sweepers and tree trimmers that have radios from the City
of Miami, which adequately perform anywhere in Dade County.
Mr. Odio: This a... The problem with the radios, Commissioner, is that the
public doesn't have access to them. These cellular phones are for the NET
Administrators so that the public can reach them 24 hours a day.
Commissioner Plummer: And that is, I assume, they are in their office, and if
they are not they will take a message like if you and I are not in our office,
and they will give us the message...
Mr. Odio: That is precisely...
Commissioner Plummer: ...and they can beep us, which is eight dollars a
month, or they can get... Your office can get you on a two-way radio. I mean
we have radios running out of our ears, Mr. Mayor.
Mayor Suarez: What was the concern about the cost item? - because I, like
Commission De Yurre, I missed what your concern was about that, that there
would be some...
Commissioner Plummer: The cost after the first year...
Mayor Suarez: Oh.
13
September 10, 1992
y _
AX
4
Commissioner Plummer: ... the service calls we are going to have to pay for.
Mayor Suarez: Is there any doubt that we have absolutely no cost during the
first year?
Mr. Williams: Mr. Mayor, I have no doubt about that. They have indicated
that they are providing them, with free air time, for one year.
Mayor Suarez: All right. We have a motion... Do you still have a motion to
defer? You are not satisfied?
Commissioner Plummer: Yes, sir.
Mayor Suarez: So moved.
Commissioner Plummer: It was seconded by Commissioner Alonso.
Vice Mayor Alonso: I second.
Mayor Suarez: Seconded. Call the roll on the motion.
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY VICE MAYOR ALONSO THE HEREINABOVE ITEM CA-
1 WAS DEFERRED BY THE FOLLOWING VOTE.
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
3. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTIONS MAKING
ALLOCATIONS FROM LAW ENFORCEMENT TRUST FUND: (a) $6,250 TO YOUTH OF
AMERICA ROLE MODELS ACTIVITIES TRIP, SPONSORED THROUGH THE MARTIN LUTHER
KING ECONOMIC DEVELOPMENT CORPORATION; (b) $83,275 TO YOUTH CRIME AND
DRUG PREVENTION SOCCER LEAGUE; (c) $34,334 TO ROBBERY TACTICAL DETAIL;
AND (d) $36,564 TO A MOTEL SQUAD.
i
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Mayor Suarez: CA-2.
Commissioner Plummer: Mr. Mayor, items CA-2, 3, 4 and 5 are all of the same.
I have pulled these that have not been sent to me, and that is partially my
_-
fault. This is all out of the Law Enforcement Trust Fund according to
Commissioner Dawkins, that we wanted to have more control over. It was not
run by us first, so I am asking for it to be deferred until we have had the
time to go through it. None of us... I admit. Part my fault. But under the
i'
14 September 10, 1992
Y
Commission Awareness, h0ure I put my seal of approval, I want the time to
look at it, which none of us had the time to do.
Mayor Suarez: Why don't we take it as a motion to table in case during the
day, at some point, at lunch, or whatever, you are satisfied on these items
that they are not in anyway controversial or objectionable. It that right?
Commissioner Plummer: If I have that time I will bring them back this
afternoon. If not, table them until...
Mayor Suarez: Very good.
Commissioner Plummer: ...the next meeting, on two, three, four and five.
Mayor Suarez: Table them for the moment, and be automatically deferred if we
don't take any action.
Commissioner Plummer: That is fine, sir.
Mayor Suarez: All right. Yes, Commissioner Dawkins.
Commissioner Dawkins: When it comes back.
Commissioner Plummer: I am sorry.
Commissioner Dawkins: When it comes back...
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: ...be able to explain to me if this is built into the
192-93 budget, or if it is a part of the 191-92 budget, or how is it budgeted,
and where does it fit in, when you come back this afternoon.
Commissioner Plummer: I'll be glad to get you that answer if I can, but I
think the initial answer is it is not in any budget, it is in that trust fund
alone which has not a budget year. But I'll get you an exact answer.
Commissioner Dawkins: No, that is OK. That is good enough. That answers my
question. I just needed to know, when we look at the budget, and it says
Police Department, three "X" dollars, that it must be three "X" dollars plus
$55,OOO for the total... In order to get the total police budget.
Commissioner Plummer: Well, sir, you are not going to get that. So don't kid
yourself. Remember that last year there was over... The budget showed that
there was 88, Mr. Manager. Eighty-eight million dollars, Police Department.
Their total budget was far in excess of a hundred million dollars. When you
add all of the capital outlay and everything included in their budget, and all
of these funds that were spent, was over a hundred million dollars.
Mayor Suarez: Who is the representative of the Police Department, Joe?
Commissioner Plummer: Nobody.
15 September 10, 1992
a;.
Mayor Suarez: Or Assistant Chief Martinez, Major Boyd, anyone. As long as we
just broach the subject very briefly, I just have one quick question. Do we
have in mind, something I know this Commission has constantly discussed, which
is a legislative change that would allow us more flexibility in the
expenditure of these monies for the next legislative session? To ask the
legislature to give us more discretion in the expenditure in the Law
Enforcement Trust Fund monies. Does anybody have that as a legislative
priority?
Asst. Chief Raul Martinez: I believe the City Manager requested from the City
Attorney's office to ask for a legal opinion again. That has been asked
before, and it has been denied as far as the flexibility.
Mayor Suarez: Yeah. So far, under the existing law, we have all kinds of
constraints, and maybe it is time to go to the legislature and ask for a
change. One other question then is, how are we doing on forfeitures that lead
to the creation of the Law Enforcement Trust fund? Have we sort of somehow
dried that faucet as I was apprised six months ago, or four or five months
ago? Last time I did a memo, most of which I initially referred to
Commissioner Dawkins until he gave up on the whole issue, and then to Vice
Mayor Alonso who, presumably, still hasn't given up on this whole issue. How
are we doing as far as collecting monies the last six months? Do you have any
figure off the top of your head?
Asst. Chief Raul Martinez: I believe there is over two million dollars in the
Law Enforcement Trust Fund right now.
Mayor Suarez: OK. Why don't you, because that is accumulated, I think, from
a...
Asst. Chief Martinez: Yes, sir.
Mayor Suarez: ... longer period of time. Why don't you give me the last six
months when you get a chance, Chief.
Asst. Chief Martinez: I will, sir.
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: Mr. Mayor, Mr. Manager, why is it that every time we
have some money to be spent, the Police Department appears before this
Commission and tells us, "If you do not spend this money by the end of the
month in which we are meeting, you lose the money"?
Mr. Odio: No. Not in law enforcement.
Commissioner Dawkins: Beg your pardon?
Mr. Odio: That would not apply to Law Enforcement Trust Funds. If they are
saying that they are wrong.
Commissioner Dawkins: Mr. Manager, let me see... Joe...
Lt. Joseph Longueira: Yes, sir.
16 September 10, 1992
r
1.
Lt. Longueira: I believe it is coming from like an additional fee on the
phone services, and it comes to the City of Miami based on a number of
subscribers in our area.
Commissioner Dawkins: Comes from where, sir?
Lt. Longueire.: The State of Florida.
Commissioner Dawkins: The State of Florida. What date was the City of Miami
notified that this money was available?
Commissioner Plummer: Over a year ago.
Lt. Longueira: Yeah. It has been over a year, sir.
Commissioner Dawkins: Al right. You have known this for a year. Now,
today, one year after you were notified...
Commissioner Plummer: More than a year.
Commissioner Dawkins: ... the City, the Police Department and everybody
appeared before this Commission, and let everybody know that if we do not
spend this money, the Commissioners made us lose all this money because they
did not pass that which we brought up at the last minute, and we had a whole
year to get them to pass. Why is that, Mr. Manager?
Mr. Odio: I am trying to remember, Commissioner, which one... Which
instances was that. The Law Enforcement...?
Commissioner Dawkins: No, no, no.
Commissioner Plummer: No. He is using E-911.
Mr. Odio: In the E-911... Is that the case where you were losing money?
Lt. Longueira: Yes, sir.
Mr. Odio: I don't understand. I don't think so.
Lt. Longueira: Let me explain. The E-911 monies are a recurring thing every
year. We have tried to develop a budget each year to address different areas.
The first year funding, and I will have to get the exact date, I don't have
it, that we did get the money. If we don't use it by the end of this month,
the State says we are going to lose it. We have been trying to get them to
continue it, but they refuse.
Commissioner Dawkins: Why would... Wait a minute. I hate to cut you off.
Why would it be urgent upon us to get the State of Florida to extend the time
for us to spend it, instead of spending our efforts and time spending it?
17 September 10, 1992
Lt. Longueira: Commissioner, we do. It is a very lengthy process making up
the budget, getting people to approve it, going through the purchasing
process...
Commissioner Dawkins: Wait a minute. Getting what people to approve it?
Lt. Longueira: Getting the County, the State to approve. Our own people to
approve it.
Commissioner Plummer: That is not true.
Commissioner Dawkins: Well, the State gave it to us, Joe. It was approved
when the State gave it to you.
Lt. Longueira: No. No.
Commissioner Plummer: Miller.
Lt. Longueira: The money is set aside, but how you spend it...
Commissioner Plummer: Miller. Let me give you a better scenario. Are you
aware that I brought out, at this Commission, over a year ago Florida Power
and Light came in and told the Police Department how they could save forty to
sixty thousand dollars a year on their electrical bill? We, the Commission,
have yet to see it, because they don't like the idea.
Lt. Longueira: No.
Commissioner Plummer: Now, it might be good, it might be bad. I asked two
months ago why we, the Commission, hadn't seen it. The feedback I get is the
Police Department didn't like it. Possible sixty to a hundred... Some huge
amount of money.
Lt. Longueira: That is not even close, Commissioner. I am sorry, but you are
wrong.
Commissioner Plummer: What is close?
Lt. Longueira: It is twenty-five thousand dollars based on what we have right
- now.
Commissioner Plummer: Fine. Twenty-five, that is your contention. It is
forty from their contention. The bottom line is it is over a year and we have
not seen it because you don't like it, and so you are going to do what you
want regardless of what this Commission may or may not do in saving money for
the people of this community. Now, Miller, there is your answer.
Commissioner Dawkins: Thank you.
Commissioner Plummer: Everybody is running the show, but nobody is running
the show.
Lt. Longueira: You are still incorrect on the number, sir. It is twenty-five
thousand on the current condition.
18 September 10, 1992
Commissioner Plummer: Joe, regardless of the number...
Lt. Longueira: I just want to be...
Commissioner Plummer: ... we have not seen it whether it is one dollar or a
hundred thousand dollars. Why hasn't this Commission seen it?
Vice Mayor Alonso: What?
4. ACCEPT BID: GG & DO SERVICES FOR OVERTOWN SHOPPING CENTER, FOR
FURNISHING GROUNDS MAINTENANCE SERVICE.
Mayor Suarez: OK. As to Item CA-7... Joe, we have got to get through this.
I know you and the Commissioner could probably argue about this maybe over
lunch.
Commissioner Plummer: Mr. Mayor, my question...
Mayor Suarez: Yes.
Commissioner Plummer: My question on CA-7. Why is it for this, Mr. Manager,
that we don't do it for any other lease that we have? Is it because it was
written in there? Is it because... You know we have nothing but criticism
about what we do with this Overtown Shopping Center. Why are we paying the
maintenance to clean this place on a lease where it is supposedly a profit
making organization? I am asking for the record.
Mr. Odio: We own the property. We are the managers of the property. That is
the difference from any other lease properties we have.
Commissioner Plummer: So you feel that it is justified, and there is
sufficient monies. When we come to the point of whether or not that facility
is making or losing money, this number will be figured into that scenario, is
that correct?
Mr. Odio: That is correct.
Commissioner Plummer: OK. Thank you. I move 7.
Mayor Suarez: All right. CA-7 moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
19 September 10, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-540
A RESOLUTION ACCEPTING THE BID OF GG & DD SERVICES FOR
THE OVERTOWN SHOPPING CENTER FOR THE FURNISHING OF
GROUNDS MAINTENANCE SERVICE FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE AT A
TOTAL ESTIMATED AMOUNT OF $5,400; ALLOCATING FUNDS
THEREFOR FROM DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE, PROPERTY MAINTENANCE
DIVISION, ACCOUNT NO. 421001-340; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR SAID SERVICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
5. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTIONS: (a)
AUTHORIZING PURCHASE OF 35 CALL CHECK RECORDERS; (b) ACCEPTING BID OF
CORE CONCEPTS, INC. FOR E-911 CALLER WORKSTATION; AND (c) ACCEPTING BID
OF COMPUTER RESOLUTIONS AND W.E. COLEMAN AND ASSOCIATES FOR COMPUTER
TERMINALS.
Commissioner Plummer: Mr. Mayor, on nine, ten and eleven. As you know it has
been my hope, and the Manager had been working with me, I have not heard
anything at this point. The County saves a tremendous amount of money in
combined dispatching of police and fire. It just makes good common sense.
All of these items will not address or assist that coming about. Much to the
contrary, if you put these things in, then you have still the separation of
one from the other. Now, Frank May, I am told, is working on coming to and
end of coming to the combine dispatch in which, hopefully, this City will save
money. I have asked that these item of nine, ten and eleven be deferred until
such time as this Commission makes a determination as to whether or not we
feel that the combined dispatch is a savings and should be a reality, and at
that time, then we can decide on these items here.
20 September 10, 1992
Asst. Chief Raul Martinez: If I may say something, before we brought this
item before the Commission we asked a question, "Is this going to interfere
with consolidation or not?" The answer by the technical experts that this
equipment is needed whether it is consolidation or not, the piece of equipment
can be moved to the consolidated location. So, if this piece of equipment is
needed, whether consolidation or not occurs, this will not interfere with
consolidation. It will not get into the way of consolidation, anyway or not.
Commissioner Plummer: I had asked, Chief, that the consolidation answer be
given to this Commission prior to budget. It has not.
Mr. Odio: Well...
Commissioner Plummer: Now, all I am saying is, and I guess in a way I am
holding this as hostage to bring about a final answer. Can we save that which
has been reported to me of a million dollars a year on dispatch? And if that
is the case...
Commissioner Dawkins: No.
Commissioner Plummer: ... that is what I have got to do. So all I am asking
is, hopefully, by the next meeting we will have- the answer of combined
dispatch, and how the pieces fit into the puzzle, and then we can go forward.
But this Commission, in my estimation, is going to run the show. It is just
that simple, Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Lieutenant...
Lt. Joseph Longueira: Yes, sir.
Commissioner Dawkins: ... is this also funds that if it is not...
Lt. Longueira: These are the specific funds you are talking...
Commissioner Dawkins: ... expended by September 30th you lose them also?
Lt. Longueira: Right.
Commissioner Dawkins: This also?
Lt. Longueira: This is those funds. It is about a hundred and fifty thousand
dollars, sir.
Commissioner Dawkins: OK. Hey. All right. I just need to know. That is
eighty-four thousand...
Commissioner Plummer: We have another meeting on the 24th.
Commissioner Dawkins: plus another twenty-six... Fifty-five thousand. OK.
I just need to know. But if we do not spend it by the end of September, it is
gone?
21 September 10, 1992
uM
Lt. Longueira: Yes, sir.
Commissioner Plummer: We have a meeting on the 24th so, hopefully, they will
be coming forth with some answers.
Commissioner Dawkins: But on the 24th they will have to come with purchase
orders and all, J.L. They can't come on the 24th and then have to go back and
get purchase orders.
Commissioner Plummer: I hear you.
Commissioner Dawkins: OK.
Mayor Suarez: Items 9, 10 and 11 you have a motion to defer.
Commissioner Plummer: Defer, yes sir.
Mayor Suarez: So moved. We have a second on that motion?
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-541
A MOTION TO DEFER AGENDA ITEMS CA-9, CA-10, AND CA-11
(PROPOSED RESOLUTIONS TO: (A) AUTHORIZING PURCHASE OF
35 CALL CHECK RECORDERS, (B) ACCEPTING BID OF CORE
CONCEPTS, INC. FOR E-911 CALLER WORKSTATION, AND (C)
ACCEPTING BID OF COMPUTER RESOLUTIONS AND W.E. COLEMAN
AND ASSOCIATES FOR COMPUTER TERMINALS) UNTIL SUCH TIME
AS THE CITY COMMISSION MAKES A DETERMINATION AS TO
WHETHER THE COMBINED DISPATCH PROCEDURE FOR BOTH FIRE
AND POLICE DEPARTMENTS WOULD TRULY REPRESENT A SAVINGS
AND THEREFORE BE IMPLEMENTED; FURTHER DIRECTING THE
MANAGER TO SCHEDULE THESE ITEMS ON THE SEPTEMBER 24,
1992 COMMISSION MEETING.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None,
22 September 10, 1992
Lt. Longueira: Yes, sir.
Commissioner Plummer: We have a meeting on the 24th so, hopefully, they will
be coming forth with some answers.
Commissioner Dawkins: But on the 24th they will have to come with purchase
orders and all, J.L. They can't come on the 24th and then have to go back and
get purchase orders.
Commissioner Plummer: I hear you.
Commissioner Dawkins: OK.
Mayor Suarez: Items 9, 10 and 11 you have a motion to defer.
Commissioner Plummer: Defer, yes sir.
Mayor Suarez: So moved. We have a second on that motion?
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-541
A MOTION TO DEFER AGENDA ITEMS CA-9, CA-10, AND CA-11
(PROPOSED RESOLUTIONS TO: (A) AUTHORIZING PURCHASE OF
35 CALL CHECK RECORDERS, (B) ACCEPTING BID OF CORE
CONCEPTS, INC. FOR E-911 CALLER WORKSTATION, AND (C)
ACCEPTING BID OF COMPUTER RESOLUTIONS AND W.E. COLEMAN
AND ASSOCIATES FOR COMPUTER TERMINALS) UNTIL SUCH TIME
AS THE CITY COMMISSION MAKES A DETERMINATION AS TO
WHETHER THE COMBINED DISPATCH PROCEDURE FOR BOTH FIRE
AND POLICE DEPARTMENTS WOULD TRULY REPRESENT A SAVINGS
AND THEREFORE BE IMPLEMENTED; FURTHER DIRECTING THE
MANAGER TO SCHEDULE THESE ITEMS ON THE SEPTEMBER 24,
1992 COMMISSION MEETING.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None,
22 September 10, 1992
rim. r. r�. a.ar.wrr -------- r—.+-- -—wr.•.Ica..----rrrr.rrr.`....-..—.w-..-.a -wYr—...r----.r+. --r..w------
6. DENY PROPOSED RESOLUTION TO ACCEPT BID OF LAWMEN'S AND SHOOTERS SUPPLY,
FOR FURNISHING AM14UNITION AND RANGE SUPPLIES TO THE POLICE DEPARTMENT.
------------------------------------------------------------------------------
Mayor Suarez: Item 12.
Commissioner Plummer: Item 12, Mr. Mayor, I want to know why the Police
Department needs... They must know something I don't know, or there is a
civil war around the corner. Why the Police Department of the City of Miami
needs a hundred and forty-five thousand rounds of ammunition, and I think,
forty-five thousand twelve gauge shotgun shells. Is there a riot around the
corner? Is there a civil war around the corner? A hundred and forty-five
thousand rounds. I think it is preposterous. I will not vote for it.
Mayor Suarez: Does it represent... Let's cut through the argument here. Is
there any correlation between this and what we have bought in other years? Is
it a typical purchase order compared to other years? What period of time does
it cover, et cetera, Lieutenant, so that we can answer his question?
Commissioner Plummer: Annually.
Mayor Suarez: Is it an annual purchase?
Lt. Longueira: Yes, sir. It addresses our training needs, annual
qualifications, SWAT training...
Mayor Suarez: How does it compare to the previous year, for example?
Lt. Longueira: The same, sir.
Mayor Suarez: Do you have any indication, Commissioner Plummer, that it would
be less this year than last year?
Commissioner Plummer: Mr. Mayor, every year I ask the same question.
Mayor Suarez: Yeah, that is true.
Commissioner Plummer: What are we doing...
Mayor Suarez: You are consistent.
Commissioner Plummer: ... with a hundred and forty-five thousand rounds of
ammunition?
Lt. Longueira: Commissioner.
Commissioner Plummer: For the life of me I can't understand it. Where does
it go? Who is selling it? Where is it going? I don't understand.
Lt. Longueira: If you came to the range and saw how much an officer shoots to
be proficient, reduce liability to the City, prevent innocent bystanders from
23 September 10, 1992
e
being hit, you will understand why we shoot multiple rounds in training. It
all has to do with your proficiency, under stress, as a law enforcement
officer. It takes practice.
Mayor Suarez: You are probably required to use most of that under State regs
(regulations). Commissioner Dawkins.
Commissioner Dawkins: Where...
Commissioner Plummer: Is Ron Williams still here?
Commissioner Dawkins: Where do you fire these practice rounds?
Lt. Longueira: Excuse me, sir?
Commissioner Dawkins: Where do you fire these practice rounds?
Lt. Longueira: Primarily out at the Medley range, sir.
Commissioner Dawkins: Medley...
Lt. Longueira: And the County.
Commissioner Dawkins: Beg your pardon?
Lt. Longueira: Medley and the County range, sir.
Commissioner Dawkins: All right. How long has the City of Miami's range been
out of commission?
Lt. Longueira: Since 187, sir.
Commissioner Dawkins: Since 187. This is 197 [sic].
Lt. Longueira: Yes, sir.
Commissioner Dawkins: OK. Ten years.
Commissioner Plummer: No. Six years.
Commissioner Dawkins: OK. Tens years as far as I am concerned. Now, yet you
just made the statement, which is very dear to my heart, that we need to fire
these guns. We need for these officers to feel comfortable with these guns.
We need to not eliminate, because we can't eliminate it, but reduce the
possibility of error...
Lt. Longueira: Yes, sir.
Commissioner Dawkins: OK. ... by the officer being familiar with his gun,
and in ten years you guys have not gotten the range ready where we could go
fire at will. Where an officer could take duty offduty if he himself felt...
He�or she or it felt that they wanted extra practice. You haven't fixed it...
Mayor Suarez: I am not sure that...
24 September 10, 1992
t� t
Commissioner Dawkins: ... and J.L. Plummer...
Mayor Suarez: ..6 except for an indoor one, I am not sure that we are in a
position, in the City of Miami, with our density, to have too much access to
ranges in the City. I mean...
Commissioner Dawkins: No. But we got... But they...
Mayor Suarez: We used to have one at Virginia Key. Is that the one your are
referring to?
Commissioner Dawkins: No, no. Don't tell me about the one indoor, Mr. Mayor.
Commissioner Plummer: No. That is survival city.
Mayor Suarez: Oh. The indoor one. OK.
Commissioner Dawkins: And for five years we have been sitting up here
saying...
Commissioner Plummer: Wait a minute. Miller.
Commissioner Dawkins: ... get it ready. And it is no reflection on you. It
is up here.
Commissioner Plummer: No, no, no. Whoa! I won't accept that.
Commissioner Dawkins: Yes it is. It is up here.
Commissioner Plummer: Miller. You know what?
Commissioner Dawkins: We said get it done, J.L. If it doesn't get done then
we didn't do nothing.
Commissioner Plummer: Oh. I agree with that. Let me tell you the story. I
brought that up two years ago.
Lt. Longueira: Yes, sir.
Commissioner Plummer: OK? Do you know what it is costing this City in hourly
manpower...
Commissioner Dawkins: Yes.
Commissioner Plummer: ... for police to check out of service, to go to
Medley, to do their shooting, to come back and check into service, is almost a
half a day.
Lt. Longueira: Sir, that is not how we do it, sir, anymore.
Commissioner Plummer: When did you change it?
25 September 10, 1992
Lt. Longueira: We changed it over a year ago, sir. Two years ago. What we
do, we train a week of training where they do survival shooting and stuff, and
there is no longer checking out, driving to Medley, driving back, and checking
in. We corrected to address that problem, sir.
Commissioner Plummer: How do they get to Medley?
Lt. Longueira: It is a week of training where they go to different locations
for different things. Medley 4annenb to be one, but it is not like it used to
be where we take a unit out of service to go shoot, and then come back. We
don't do that anymore, sir.
Commissioner Dawkins: But you take them out of service for a whole week.
Commissioner Plummer: Sure you do.
Lt. Longueira: Because you still have...
Commissioner Plummer: It is not their money. They don't live in the City of
Miami.
Lt. Longueira: We still have...
Commissioner Plummer: They don't pay taxes here.
Lt. Longueira: Commissioner, we still have training days. We used to do a
day here, a half a day there. Now we combine it all into one week, and an
officer goes for one week instead of splitting it up among the whole year.
Commissioner Dawkins: No further questions.
Lt. Longueira: And he addresses a lot of different items.
Mayor Suarez: All right. Anything further on this item? Does anybody...
Mr. Gonzalez Goenaga, have a seat, sir. We will take you up after 3:00 p.m.
in accordance with our ordinance.
Commissioner Plummer: Just for the record I move to deny.
Mayor Suarez: Move to deny. Do we have a second on the motion to deny?
Commissioner Plummer: For the second civil war.
Mayor Suarez: Do we have a second on the motion to deny? Do we have a second
on the motion to deny? Will somebody move to approve...
Vice Mayor Alonso: Can we table...
Mr. Cesar Odio (City Manager): Wait, Mr. Mayor. On the record Commissioner
Dawkins is right. We approved money for the indoor range about two years ago.
It was determined by experts that that indoor range, which I used to shoot at
too...
Mayor. Suarez: Excuse me for a second, Mr. Manager.
i
26 September 10, 1992
Mayor Suarez: Chief, let's do something. This gentleman has just littered
this whole place, and has just disrupted these proceedings. Would you make
sure he doesn't come back in today. I think we are going to ban him today,
Mr. Gonzalez Goenaga. Let him challenge us in court.
Lt. Longueira: I would be glad to take care of that.
Mayor Suarez: Would you do that Lieutenant, Major or somebody. He is not to
be allowed in these chambers today. He has just disrupted our proceedings,
and littered the place, and probably broken five laws. We are going to get a
little tough with Mr. Gonzalez Goenaga. I am sorry, Mr. Manager.
Mr. Odio: As I was saying, Mr. Mayor, there is a problem with health. The
indoor range besides being limited because of the size, it was creating a
serious lead problem for the lungs. It was determined, by the expert, that is
was unhealthy. That even whatever you could do to that range wouldn't work.
That is the problem. We don't have...
Commissioner Plummer: Mr. Manager.
Mr. Odio: The only other place we had outdoors...
Mayor Suarez: You are talking about the one that was right in the Police
Department right there?
Mr. Odio: Yes, sir. We did have money set aside, by the way, to...
Mayor Suarez: If it can be done, it would create an incredible efficiency. I
mean aside from the issue...
Mr. Odio: Of course.
Mayor Suarez: ... of the rounds here which... If it can be done...
Mr. Odio: According to the...
' Mayor Suarez: ... then it would save an incredible amount of time, I am sure,
although I don't know if the conditions of an outdoor can ever be totally
duplicated in an indoor. Can they, in fact?
Mr. Odio: No. They couldn't fire...
Mayor Suarez: No. You can't have the same distance, et cetera.
Asst. Chief Raul Martinez: No. Not completely.
Mr. Odio: They couldn't fire shotguns, and they couldn't fire their machine
gun or whatever.
Mayor Suarez: I see. Well, I am not an expert at it, and I don't know that
it really really affects this issue, so if anyone wants to move it I am ready
to vote on it.
27 September 10, 1992
r� x
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: ... with due respect to my colleague who I know is more
knowledgeable than I am in this area.
Commissioner Plummer: Just for the record. Over seven years if you take the
amount of dollars that we have spent in manpower from Medley, you could have
built five indoor or outdoor ranges. OK.
Commissioner Dawkins: Hello.
Commissioner Plummer: That is the point that I am trying to make.
Commissioner Dawkins: Hello.
Commissioner Plummer: We have spent more money for five hours at the old
theory, whenever they changed that two years ago. Medley is still a distance
even if they have changed. Nothing has been done. That is the question...
That is the reason that I am coming up with this. It makes no sense...
Commissioner Dawkins: It is still us Commissioner's fault, because we did not
put pressure on nobody to get it done.
Commissioner Plummer: Well, you know you say you don't put the pressure, and
I understand what you are saying, but remember it is just like the tape that I
am going to bring you here on Channel 9. The Police Department is going to do
what they want, and until the day comes that this Commission says to the
Police Department, through our Manager, this Commission is going to run the
show, that is when the day is going to change. I don't know if you all have
had the opportunity to see the tape on Channel 9 in which they had the Police
Awards, which I asked them to have on this agenda, but we have other problems
so I'll bring it up on the other one. When they insulted every one of us, on
Channel 9. OK? Defiant that they are going to do what they want to do
regardless, and until that day comes everybody is running the show, but nobody
is running the show. Take it from there.
Vice Mayor Alonso: If you move again I will second.
Commissioner Plummer: I move that the matter be denied.
Vice Mayor Alonso: OK. Second.
Mayor Suarez: Moved and Seconded. Chief Martinez.
Asst. Chief Martinez: Yes. A final statement. The Police Department has
been more frustrated than this Commission that the indoor range has not been
fixed. We do not have builders in our Police Department that work in that.
We have written countless memos. We have attended hundreds of meetings.
Experts disagree...
Commissioner Plummer: To who?
=i 28 September 10, 1992
Commissioner Plummer: Did you every come to me who you are supposedly your
Commission Awareness with the problem? I brought it up two years ago and
asked for an answer...
Commissioner Dawkins: Not only that, J.L.
Commissioner Plummer: ... and I am still waiting to hear.
Commissioner Dawkins: Not only that, J. L. When they have wage problems,
when they have safety problems, when it is dealing with their personal gains,
and what have you, they find the way to our office.
Commissioner Plummer: That is right.
Commissioner Dawkins: Now, here is something that all of a sudden they can't
find the way to any Commissioner's office to cut through the red tape.
Commissioner Plummer: It is a matter of convenience.
Lt. Longueira: Sir, technically what they are saying is we can't fix it at
this time. What we have done though is we are experimenting...
Commissioner Dawkins: You know. I am going to give you another one.
Lt. Longueira: ... with a new bullet.
Commissioner Dawkins: I am going to give you another one.
Lt. Longueira: Yes, sir.
Commissioner Dawkins: And I am not voting for no police budget period, I
don't think, but if you, the Police Department, does not have money in the
police budget spelling out that you are going to bring the 62nd Street Police
Station up to snuff, and correct all of the things that J.L. Plummer has been
complaining about for one year, I am not going to vote for your budget.
Commissioner Plummer: You are kidding yourself.
Lt. Longueira: Sir, you addressed that not to long ago.
Commissioner Plummer: You are kidding yourself. We put them under a mandate
of five million dollars, look at the last budget of the money that you spent
for the furniture that they didn't buy, that we told them to buy in the five
million dollars. You know, Father Gibson used to say, and they are a fine
example, what they couldn't do through the front door they are doing through
the back door. OK?
Commissioner Dawkins: But they are not doing it on 62nd Street Station.
Commissioner Plummer: Well, 62nd Street they haven't done a damn thing.
29
September 10, 1992
Commissioner Dawkins: That is what I am saying,
Commissioner Plummer: The whole second floor... We have lost credibility
with the voters of this community...
Commissioner Dawkins: And it is not painted, and 1t is not nothing.
Commissioner Plummer: ... when we went out and we and we said a full service
Police Station. We don't have them. They don't exist, and we have lied to
the public. And that is why I am going to get up her on this soap box and I
am going to say... I am going to raise hell, because I am not breaking
credibility with the voters.
Mayor Suarez: So a motion and a second. I can't go along with the motion on
something this crucial, Commissioner. I just want to tell you that. But...
Commissioner Plummer: Mr. Mayor, they got more ammunition...
Mayor Suarez: Respectfully, you know, I have heard your views. I just think
that the purchase of this... I know... Presumably we are not going to run
out of the ammunition between now and the next Commission meeting, but it is
just another item that we have to consider on the 24th, and all it does is
clog up our agenda when this item is one that we ultimately have to approve in
any event. So, but you obviously want to consider it more, and you might want
to get together with the Commissioner between now and the 24th, and anyone
else in the Commission that needs to have more information on the range issue.
It sounds to me like there may be a disagreement, administratively, between
you and the Manager who says it is not necessarily something particularly
feasible. If so, let's work it out. Let's make a unified recommendation.
Mr. Odio: No, I...
Mayor Suarez: I thought I heard you say that there were all kinds of problems
with it. In any event, let's have a recommendation on that issue so that we
can grapple with it. Hopefully, we will abide by your joint recommendation,
and, hopefully, it will be a joint recommendation.
Mr. Odio: Yeah. Not only do we need it, once we... If we had had the
indoors, they tell me this, indoors finished and ready to go, we would still
have to go outdoors, and then you have two.
Mayor Suarez: I would think there is still a lot of training that has to be
done outdoors. In any event, this item has been discussed enough, folks, so
we got many many more... On the assumption that you are not going to run out
of ammunition between now and the 24th. All right. Let's call the roll on
-! the item.
Commissioner Dawkins: Mr. Mayor, what is the motion?
Mayor Suarez: To deny.
Ms. Matty Hirai (City Clerk): To deny, sir.
Commissioner Dawkins: To deny, or defer to the next meeting?
30 September 10, 1992
Mayor Suarez: Well, I am sure it 1s going to have the same affect because I
am sure that they are going to bring it back at the next meeting.
Commissioner Plummer: That is fine.
Commissioner Dawkins: OK. No problem as long as it comes back at the next
meeting.
Mayor Suarez: I guess it is more emphatic when it is a denial. Maybe you
ought to take notice of that.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-542
A MOTION TO DENY AGENDA ITEM CA-12, (PROPOSED
RESOLUTION ACCEPTING BID OF LAWMEN'S AND SHOOTERS
SUPPLY FOR AMMUNITION AND RANGE SUPPLIES TO THE POLICE
DEPARTMENT).
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
NOES: Mayor Xavier L. Suarez
ABSENT: None.
Mayor Suarez: No, but I do it respecting my colleagues' views of the issue.
Item CA... Which is it?
Commissioner Plummer: Mine?
Mayor Suarez: You have done 12, right.
Commissioner Plummer: No.
Mayor Suarez: I am sorry CA-12 then.
Vice Mayor Alonso: Wait. Wait. That was...
Commissioner Dawkins: That was 12.
31 September 10, 1992
?. CLAIM SETTLEMENT: RAFAEL SIERRA ($89000).
-----------------------------. -------------------------------------------
Mayor Suarez: That was 12. OK. CA-22.
Commissioner Plummer: This is a settlement as proposed for $8000. I have two
questions. Number one, Mr. Manager, the policeman who made the mistake, what
was done with that? Was he reprimanded?
Mr. Cesar Odio (City Manager): I have to find out for you, Commissioner. I
have no Idea.
Commissioner Plummer: All right. You can do that by memo. Second of all, I
want to know why the City Attorney is recommending that we settle for $8,000,
when on the back page of their particular piece of paper, everyone of the
opinions here, including Jorge Fernandez, who at the time, was to settle for
$2,500, and I see a comment here say, "not a penny more," from one of the
attorneys. Why is it recommended to us for an $8,000 settlement?
A. Quinn Jones III, Esq. (City Attorney): Commissioner, since the initial
tort memo was submitted, there was a reevaluation of the case. At the point
and time that the initial settlement was recommended, which was recommended by
the Risk Management office, it was based on the specials that were before us.
Subsequent to that time, we obtained additional medical information. In
evaluating the case in terms of our need to depose experts to counter the
claimant's position that he was physically impaired as a result of the injury.
Weighing that in light of the economics of the case, we felt that $8,000 given
the liability, was a good settlement.
Commissioner Plummer: Even though the individual, himself, stated, for the
record, that he at the time had no... Nothing was wrong with him, and
accepted an apology.
Mr. Jones: Well, that doesn't... I mean that is neither here nor there. At
the time you have to realize that there weeks may pass, or months may pass,
that these injuries do surface, whatever else. I think it is clear to me that
the liability issue is... We can't win on, and, again, I think it is a good
settlement.
Commissioner Plummer: Mr. Mayor, I don't understand it. Why it is a good
settlement when it was proffered for $2,500 and now it is $8,000. I would
move we go to court.
Mayor Suarez: What did you say?
Vice Mayor Alonso: He said he doesn't...
Commissioner Plummer: I said, Mr. Mayor, that the... If you look on the back
of here all of this recommendation was for $2,500, and now it is being
recommended that we settle for $8,000. It makes no sense to me. He gave an
explanation which I don't happen to agree with, so that is why I moved to
deny, and let's go to court and take care of it in court.
32 September 10, 1992
Tt
k
Mr. Jones: Well, you know Y am in a position, I think, that 1 am able to
better evaluate the case than you, Commissioner, with all due respect.
Commissioner Plummer: I don't agree with that.
Mr. Jones: Well.
Commissioner Plummer: You can make your statement for the record.
Mr. Jones: Well, I know you probably don't agree with it...
Commissioner Plummer: No. I don't.
Mr. Jones: ... but, you know, that is the fact of the matter.
Commissioner Plummer: I can't make a recommendation, but I vote.
Mr. Jones: Well, I can't see spending, expending, additional sums for a case
that liability is clear. The only issue if, in fact, we went to trial would
be the measure of damages. The specials speak for themselves. He has almost
$7,000 in medicals as it is. To try a case for the sake of trying a case does
not make any sense in my judgement or in my mind. Certainly I have no qualms
about trying any case, but the economics of it, and the liability, do not
dictate going to trial on the case. It is as simple as that.
Commissioner Plummer: I speak from one.
Mayor Suarez: How does it get from $2,500 approval from the various... to
eight thousand?
Mr. Jones: As I explained, Mr. Mayor, the initial evaluation was done in
1991, which was recommended by Risk Management. OK? There are certain claims
that come from them that come to my Tort Committee that we look at based on
what has been submitted at the particular point and time. A year later,
approximately a year later, the case was reevaluated in light of additional
specials. Special damages, medical reports that have been submitted. His
doctors claim that he has a permanent impairment of a four to six disability.
Based on that, surely, I can spend...
Mayor Suarez: I just wanted to know how it went from $2,500 to...
Mr. Jones: Well... Well that is how it... Mr. Mayor, that is how it got.
Mayor Suarez: I meant procedurally, not the whole story. OK. I would be
inclined to suggest, to go along with the Commissioner's view of life. Were
it not today, the kind of meaning that we have, and this item so
infinitesimal, that every once in awhile, and I don't know how often you are
doing it, you send a message by trying a case, even of this minuscule amount.
You send a message that the City does not like to get pushed around in court,
that we are going to try to win some cases. And some major companies do that,
and those companies, typically, do not have sovereign immunity as we have got,
and don't have a ceiling of a hundred thousand dollars. You can have a bell
ringer and all of a sudden you have got to pay a huge amount. So given that,
33 September 10, 1992
V 7y
and I hear the Commissioner, and I fully agree, I think this Commission agrees
uniformly, and unanimously, that you have got to start sending the message
that we are going to try a lot of cases. And we are going to try to win a lot
of cases, and we are going to hope those juries out there remember, which they
do, I don't know 1f you can remind them in court, in the actual trial, but
they are going to remember that they are paying for this...
Mr. Jones: Yeah.
Mayor Suarez: ... somehow as taxpayers, and as a general proposition I agree
with my colleague. This item is really, J.L., kind of a small item. I hope
that we all consider whether we shouldn't approve it or not, and follow your
recommendation, Mr. City Attorney, because we got so many other items. But in
any event... Did he move, Madam City Clerk, did he move to deny?
Commissioner Plummer: Yes.
Mayor Suarez: All right.
Commissioner Plummer: Just for the record.
Mayor Suarez: So moved. Do we have a second on the motion to deny the
recommendation? Do we have a second on that motion? If not, I'll entertain a
motion to approve the recommendation and the resolution that it embodies, or
that embodies it. Will it die for a lack of interest?
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Commissioner De Yurre: When you are talking about a four to six percent
disability, $8,000 is we11 within the range of settlement, and in
understanding that, and I agree that there are times that we need to send a
message that we are not just going to... Frivolous suits we are going to end
up paying five thousand here and four thousand there, and ten over here just
to get rid of them. But this is one wherein if you have that kind of
disability, and we have determined that kind of disability, it warrants the
$8,000 without even getting into the issue what it would cost us to defend
this lawsuit, which would certainly be a lot more than the eight thousand. So
based on the fact that there is a documented permanent partial disability of
four to six percent, I feel that the $8,000 is warranted and I would move...
Mayor Suarez: So moved.
Commissioner De Yurre: ... to approve the settlement.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
34 September 10, 1992
RESOLUTION NO. 92-543
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO RAFAEL SIERRA THE SUM OF $8,000.00, WITHOUT THE
ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI AND POLICE OFFICER FERNANDO FIGUEROA
IN THE ELEVENTH JUDICIAL CIRCUIT COURT, CASE NO. 91-
39084 CA (25), SAID RELEASE RELEASING THE CITY AND
OFFICER FIGUEROA FROM ALL CLAIMS AND DEMANDS, SAID
FUNDS TO BE PROVIDED FROM THE INSURANCE AND SELF
INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by 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.
Mayor Suarez: Commissioner, what was the other, 24? CA-24.
Commissioner Plummer: Yes, sir.
------------------------------------------------------------------------------
8. BRIEF COMMENTS BY COMMISSIONER DAWKINS RELATING TO CA-20 -- REQUESTS
MANAGER TO INCLUDE MORE MEMBERS FROM THE COMMUNITY ON REVIEW AND
CERTIFICATION COMMITTEES.
Commissioner Dawkins: No. Twenty. I would like to... I have 20 and 32. I
forgot to tell you.
Mayor Suarez: OK.
Commissioner Dawkins: Under 20...
Mayor Suarez: We may have to reconsider if any of them warrant that.
Commissioner Dawkins: OK. But it, it... No it is just...
35 September 10, 1992
R�
Mayor Suarez: OK. Clarification.
FR
Commissioner Dawkins: Mr. Manager, why is it that when we have these review
committees, they are always overstaffed with staff, and less people from the
community? I would like to see more people from the community so they that
they could out -vote staff.
Commissioner Plummer: that's...
Mr. Cesar Odio (City Manager): OK. I have no problem with that.
Commissioner Dawkins: OK. All right. That is all. Thank you. No
further...
Mr. Odio: But you have to... Quinn tells me we have to change the code.
Mayor Suarez: All right. On item 22 then.
Commissioner Plummer: Wait, wait. Let's hear... Because I don't want him to
come back a year from now...
Mr. Odio: I would like to do that.
Commissioner Plummer: ... and say why it hasn't got... What does the
attorney have to say?
A. Quinn Jones III, Esq. (City Attorney): Well, you... No. You have
specific requirements in the code as to how the committee should be
structured.
Commissioner Plummer: But it doesn't say that it can't be balanced with more
people from the outside. It says who shall be on the committee from the
inside, as I remember the code, but not how many shall be on the committee.
Mr. Jones: Well, 1t specifies the amount of people that should be on the
committee as well.
Commissioner Dawkins: What does the numbers say, Mr. City Attorney?
Commissioner Plummer: Well, let's change it. That is simple.
Mr. Jones: I would have to look it up for you, but the specifics... OK?
Commissioner Dawkins: Al right. Would you look it up and send us all
i something in writing. Thank you, Mr. Mayor.
36 September 10, 1992
f
---Li— irs1i------------------------------4----it-------------------------- --------
9. CLAIM SETTLEMENT: CARMEN AND LAZARO SUAREZ, AS PARENTS AND GUARDIANS OP
DANETTE SUAREZ ($251000).
-------------------------------------- — -----------------------------------`..---
Mayor Suarez: Very good. CA-22 [sic]
Commissioner Plummer: Mr. Mayor, this is a case in which a young child was in
a summer program, free of charge, at the City of Miami park of Sheandoah.
This child...
Mayor Suarez: I meant 24. I am sorry. Go ahead.
Commissioner Plummer: This child... The City employee was of no negligence.
This child walked into the baseball bat. As I see it the reason the City
Attorney, obviously, or the Law Department is recommending that we settle this
out of court is simply because, it states here, and I assume this is the
reason that they used. Danette is a pretty little girl who would make a
favorable impression on a jury.
Mayor Suarez: Well, you also notice...
Commissioner Plummer: This is in the memo.
Mayor Suarez: You also notice her last name.
Commissioner Plummer: What is her last name?
Mr. Jones: Suarez.
Commissioner Plummer: God forbid.
Mayor Suarez: I mean that is going to be a favorable impression right there.
Commissioner Plummer: Mr. Mayor, why does this City have big pocket, or is
the Law Department scared to go to court?
Mayor Suarez: What is our involvement...
Mr. Jones: Let me... Let me...
Commissioner Plummer: I don't understand this.
Mayor Suarez: ... in somebody getting hit by a bat, Mr. City Attorney?
Mr. Jones: Apparently, Commissioner Plummer, you are ill-advised or you
didn't read the entire memo. This case was tried. We went to trial on it.
The jury found the City eighty percent (80%) negligent, found the child twenty
percent (20%)...
Commissioner Plummer: Did you appeal?
37 September 10, 1992
1
f;
Mr. Jones: Would you let me finish, please?
Commissioner Plummer: Surely, sir.
Mr. Jones: OK. ... Twenty percent negligent, which translates into
approximately twenty thousand, six hundred and forty thousand dollar verdict.
The prevailing party, under the rules, is entitled to taxable cost which
amount to thirty-five hundred dollars, approximately thirty-five hundred
dollars, roughly four thousand dollars, which brings you up to twenty-four
thousand dollars. It was our judgement, after looking at the matter, that
there was really no basis for appeal, and, of course, you can't appeal for the
sake of appealing, unless you have some error that was made during the course
of the trial, and, of course, the trail court, I should have said the
appellate court, the appellate court would not substitute its judgement for
the jury.
Mayor Suarez: Who tried the case?
Mr. Jones: We tried the case.
Mayor Suarez: Who tried it?
Mr. Jones: Chris Kurtz and Theresa Girten, of my office.
Mayor Suarez: See, you always tell us when you win a case who tried it. So
it is interesting...
Mr. Jones: Well, we tell you when we lose to.
Mayor Suarez: If asked.
Mr. Jones: Yes. We were able to convince the opposing counsel that rather
than go through the expenses of an appeal, which I think would be frivolous,
that we would settle out with this taxable cost for a total of twenty-five
thousand dollars.
Mayor Suarez: All right.
Commissioner Plummer: Did you bring it to this Commission about an appeal?
Mr. Jones: No, I did not.
Commissioner Plummer: Why didn't you?
Mr. Jones: Because I don't bring any case, unless there is a case where we
are... You specifically instruct us to. We don't appeal as a matter of
course because you have to have some basis for appeal.
Mayor Suarez: If they are within twenty-five thousand dollars.
Mr. Jones: If within twenty-five thousand dollars.
Mayor Suarez: That is the limit that we have set.
38 September 10, 1992
t
>r 1 t•.
=i
Commissioner Plummer: We are spending 2.6 million dollars of taxpayers money
for a law Department,...
Mr. Jones: Well, you... Well, Commissioner...
Commissioner Plummer: ... and on this Commission agenda they are asking, if I
am not mistaken, to go out and get two outside law firms to assist them on the
2.6 million dollars. I mean how much can we stand? We are taxpayers.
Mr. Jones: Commissioner.
Commissioner Plummer: The taxpayers are fed up. I am fed up. Enough!
Mr. Jones: Commissioner, you have to realize the City of Miami is a billion
dollar corporation. We have got to spend money to defend, and if you expect
to win you got to pay the bucks to win. There are some areas that we simply
do not have the expertise in, and I don't know what you are referring to in
terms of getting outside counsel to defend on a 2.6. If you are referring to
the bankruptcy case, or to... I don't know what matter you are referring to.
Commissioner Plummer: It is outside counsel.
Mr. Jones: OK. Well, you can look at the record for outside counsel, at
least since I have been City Attorney, which has been almost a year. My
predecessor has increased by fifty to sixty percent. The only outside counsel
that we use now are basically for very specialized matters. Ninety-five
percent of the work that we do, we do in-house, which is a far cry from when I
joined the City in 1983. Fifty percent or more of the work was farmed out to
outside counsel. We were spending something like four hundred thousand
dollars for labor work alone.
Mayor Suarez: All right. On the item, which we didn't realize, perhaps
initially, we had lost in court. I will entertain a motion on the settlement.
On CA-24. Somebody please move it, otherwise we are stuck with a situation
where we are not appealing, and they are going to take away...
Commissioner Plummer: Oh. It is just tax dollars, don't worry about it.
Mayor Suarez: ... the Manager's furniture.
Commissioner Dawkins: I'll move it.
Mayor Suarez: Moved. I'll second. Vice Mayor.
Vice Mayor Alonso: OK. Any further comments? Call the roll, please.
39 September 10, 1992
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-544
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO CARMEN AND LAZARD SUAREZ, AS PARENTS AND
GUARDIANS OF DANETTE SUAREZ, THE SUM OF $25,000.00,
WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI IN THE ELEVENTH JUDICIAL
CIRCUIT COURT, CASE NO. 91-40410 (13), SAID PAYMENT TO
BE MADE UPON THE EXECUTION OF A RELEASE RELEASING THE
CITY FROM ALL CLAIMS AND DEMANDS, SAID FUNDS TO BE
PROVIDED FROM THE INSURANCE AND SELF INSURANCE TRUST
FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, 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.
COMMENTS MADE DURING THE ROLL CALL:
Commissioner Plummer: For the other reasons, so stated, that I vote
negatively I also will not enter into an agreement in which this City pays a
claimant as well as their attorney. We are not bill collectors for attorneys,
and I think it is absolutely wrong that an attorney should control the person
who has suffered, and the claims that they are receiving. So I vote no.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: I have a suggestion. Mr. City Attorney, like in matters of
police, the Commissioner to my left seems very interested in the specifics of
some of these settlements. Why don't you involve him in it? He is widely
known as being someone that holds on to dollars very well, and he may give you
all kinds of insights as to, you know, how juries might vote, and for that
matter, if you swamp him with papers you may note that he is more liable to
vote favorably. I hate to get to the point that we are not going to get some
of these approvals. Particularly in a case like this, where there is really
not much we can do.
40 September 10, 1992
------ .-.r-a+.-----....ir.r ir.n.-------------------------------------------------------
10. CLAIM SETTLEMENT: RUFINA NODA ($659060).
------------------------------------------------------------------------------
Mayor Suarez: CA-25.
Commissioner Plummer: Mr. Mayor, I, in CA-25, have a problem. This is
something that was not the City's liability, according to the City Attorney.
This was property or improvements that were made that were given to the City
of Miami. It is hole in a sidewalk, as I understand it, or in a planter, and
yet we are having to pay out $65,000 for the negligence of somebody else who,
obviously, built this thing originally and gave it to the City, and I have
then to find fault with the City who accepted something that was not proper.
Are we, in fact, turning around and suing that individual who made this thing
improperly? We are not the guilty party. Why are we...
Mayor Suarez: Do we have a cross claim...
Commissioner Plummer: ... having to pay?
Mayor Suarez: ... here or counter claim or...?
Commissioner Plummer: I don't know. That is what I am asking.
A. Quinn Jones III, Esq. (City Attorney): Well, let me explain this to you.
When the City accepted this piece of property, whatever, there was also a
maintenance agreement wherein the City agreed that it would maintain it, keep
it in good repair, whatever else. We don't have any evidence nor is there any
indication of any facts that would tend to prove that the party who donated
this property, or had it built, did it improperly, whatever else. The fact of
the matter is that under that agreement which we can't get around is the
City's responsibility to maintain. Under the law the City would be charged
with having constructive notice that this defect did exist, and I have to tell
you again, you know, we lose on that particular issue. So, I don't know where
you get your information from, Commissioner, but the agreement speaks for
itself, it is in evidence, and...
Commissioner Plummer: Sir, the agreement is not in the backup material. You,
in your memo, if you would like to read your own memo, I guess you do, before
you sign them.
Mr. Jones: I certainly do, sir.
Commissioner Plummer: You state in here, sir, that it was not, in fact, the
City's liability, that it was something that was given to the City, and
because of that we were to maintain it. So, obviously, we didn't maintain it.
Mr. Jones: That is correct.
Commissioner Plummer: So then, of course, I have got to get on to the
Manager, and say, Mr. Manager, why didn't Public Works maintain what we agreed
to maintain? - because we are giving away $65,000 tax dollars, but nobody
seems to be concerned about that.
41 September 10, 1992
t
Commissioner Plummer: Nobody is concerned. Just pay it, that is it. We got
big pockets.
Mr. Jones: ... May of 1990. Well, you will note in my memo, Commissioner, it
says...
Commissioner Plummer: I noted very well, sir.
Mr. Jones: OK. Well, let's note again for the record. Despite the fact that
the City of Miami did not design the sidewalk. The City did, pursuant to a
document known as the 8th Street Agreement, agree to maintain the sidewalk
area, plants, planters and bricks at the specific location referred to in the
complaint.
Commissioner Dawkins: But, Mr. City Attorney, you are prolonging the
argument.
Commissioner Plummer: That is all he is doing.
Commissioner Dawkins: The Mayor asked... The Commissioner asked the Manager
why didn't the City maintain it...
Commissioner Plummer: That is it.
Commissioner Dawkins: ... and you are going back telling us over and over
that the City was supposed to maintain it. Let's hear from the Manager why it
was not maintained, and let's moved to the next item on the agenda.
Mr. Cesar Odio (City Manager): Yeah. According to the report, this was the
only brick missing on all of the planters on 8th Street, and she happen to
step on the only one missing.
Commissioner Plummer: She chose it well.
Mr. Odio: Eighth Street is a long street, and for one brick to be missing,
and she stepped on it, it really is very unfortunate.
Vice Mayor Alonso: I bet we have many other bricks missing.
Commissioner Plummer: Well, I think that what it should do, if nothing, teach
us a lesson. To don't look, in the future, to a gift horse in the mouth. If
we have something...
Mr. Odio: I think that we need to be very careful what agreements are made.
Commissioner Plummer: I agree. I agree, sir. If nothing more my bringing it
up maybe might, in a future agreement, bring that to realization.
Commissioner Dawkins: You move it, J.L., or what?
42 September 10, 1992
'Rfa
Commissioner Plummer: No, sir, I am not moving it. The reason I am not
moving it is because the City Attorney is asking me to be a bill collector for
an attorney. I don't think that 1s proper.
Mayor Suarez: OK.
Commissioner Plummer: If it is payable directly to the individual I think it
is a case that is justified, and I would vote for the individual case. But to
pay the money to an attorney, as well as the person who suffered... The
attorney didn't suffer.
Mr. Jones: Commissioner, that is, as I have indicated to you, you have had
problems with this practice...
Commissioner Plummer: Yes, sir, I sure do.
Mr. Jones: ... more times than not.
Commissioner Plummer: Yes, sir.
Mr. Jones: And I would reiterate to you that it is standard practice within
the industry...
Commissioner Plummer: I couldn't care less what is standard within the
industry.
Mr. Jones: Well, well, I have to care...
Mayor Suarez: Why don't we get the judges in the cases involved in the City,
maybe we will change the standard practice in the industry...
Mr. Jones: OK. Well...
Mayor Suarez: ... to agree to take the checks and disburse it themselves?
Commissioner Plummer: Hey. I mean standard in the industry...
Mayor Suarez: They will do it. The judges will do it. If they settle the
case they will be happy to take...
Mr. Jones: I have to tell you this to because many times we are put on notice
that "X" hospital or "X" doctor has a lien for medical services, or whatever
else, and once we are put on notice that that is the case, then, certainly, we
would be acting in bad faith, and acting unprofessionally if we didn't see to
it...
Mayor Suarez: Not if we gave it to the court. Not if we gave it to the
judge.
Mr. Jones: Well, that we see to it that their interest were not protected,
and I prefer that practice because I don't want to get into a situation of
delving into...
43 September 10, 1992
Mayor Suarez: Ask for a special master of purpose of disbursing the
settlement proceeds. The judge will appoint. That won't cost anything.
Mr. Jones: But, Mr. Mayor, that only bogs down the whole process.
Mayor Suarez: The judge will do it themselves. Most judges will do it. That
is just an idea, but we got to get through this item, and satisfy the
Commissioner, please, that there is no better way of doing it. Maybe there is
a better way of doing it. By the way, we talked about the four to six percent
disability. Commissioner De Yurre was asking about that before.
Mr. Jones: Yeah.
Mayor Suarez: With all due respect to the industry practice and to medical
technology, which I don't understand whatsoever. The idea that someone could
be deemed four to six percent disabled is preposterous.
Vice Mayor Alonso: As attorney...
Mr. Jones: As a result of being beat?
Mayor Suarez: Yeah. You know, I am sure the range of
people who are here
would show at least a four to six percent fluctuation in
almost every bodily
function that I can imagine.
Mr. Jones: He was beaten pretty bad.
Mayor Suarez: Particularly in comparison to the Manager, who is offering to
participate in the test, and this business of someone
being four percent
!`! disabled, it doesn't make any sense. It doesn't make any
sense to me. I mean
i people just have four, at least four percent variation in
their ability to do
=! anything, physically, let alone mentally.
®i Commissioner Dawkins: Mr. Mayor, let's try this. I move
we pay the the money
a to the special master of the courts, and let the courts
handle it instead of
giving to anybody...
Mayor Suarez: All right. Yeah. Why don't we do that in
this case. At least
f we can get out of it, and Mr. City Attorney I think you
can probably get the
judge to agree to that procedure.
Commissioner Dawkins: If not, he can bring it back to us.
I so move.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Call the roll.
r
44 September 10, 1992
RESOLUTION NO. 92-545
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY THE REGISTRY OF THE CIRCUIT COURT, AND TO BE
ADMINISTERED BY AND ONLY BY THE COURT, THE SUM OF
$65,000, FOR RUFINA NODA, WITHOUT THE ADMISSION OF
LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN
CIRCUIT COURT CASE NO. 91-48254 CA-23, UPON THE
EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI
FROM ANY AND ALL CLAIMS AND DEMANDS, FUNDS TO BE
PROVIDED FROM THE INSURANCE AND SELF-INSURANCE TRUST
FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Mayor Suarez: Let me understand the Commissioner's motion. Does that include
also the possibility the judge might do the disbursing himself, or herself?
Commissioner Dawkins: Yes.
Mayor Suarez: Very good.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Maybe the judge will agree to do that in this case. We get a
result.
45 September 10, 1992
----- - -------- -------------------------- -r-r r r r r r---------r-----ter.-----wW
11. DISCUSSION CONCERNING INSURANCE ADJUSTORS RELATING TO PROBLEMS IN THE
WAKE OF HURRICANE ANDREW;
(A) LOCAL VENDORS COMPLAIN BECAUSE REPAIR WORK ON BOAT SALVAGE IS
BEING ROUTED TO NON -LOCAL VENDORS.
(B) EXPRESS GRATITUDE TO BROWARD AND OTHER COMMUNITIES WHO HELPED DADE
COUNTY DURING HOURS OF NEED.
(C) EXPRESS GRATITUDE TO SELFLESS CITY EMPLOYEES WHO GAVE
OF THEIR TIME AND EFFORT TO HELP DURING AND AFTER HURRICANE.
(D) COMMISSIONER DAWKINS DIRECTS MANAGER TO HOLD DAILY BRIEFINGS WITH
MEMBERS OF THE COMMISSION IN FUTURE INSTANCES OF EMERGENCY;
(E) DIRECTEDMANAGER O HONORARY
D COMPENSATORY
AWARD FOR
EMPLOYEES WHOWORKEDR INEXEMPLARY FASHION AND THOSEWHOSUFFERED
DAMAGES DURING THE HURRICANE.
------------------------------------------------------------------------------
Commissioner De Yurre: If I may just interject here a second. I just got a
call from some of our people down at our Marinas on South Bayshore, and there
is a concern which I think is a concern that we have all had throughout this
process of the hurricane, that if there is monies to be made we want to keep
it locally, so that those that have been devastated and hurt financially by
this hurricane can rebuild. There seems to be some problem with some of the
adjustors from the insurance companies that are going there...
Mayor Suarez: There was a lady here that wanted to address the Commission on
this issue. I don't know if she has left.
Vice Mayor Alonso: By the way, Mr. Mayor...
Commissioner De Yurre: ... and they have been going...
Vice Mayor Alonso: ...I had some people who wanted to testify...
Commissioner De Yurre: ...and... OK.
Vice Mayor Alonso: ... after lunch, so is it possible?
Commissioner De Yurre: Well, let me just finish...
Mayor Suarez: Yes. Absolutely.
Commissioner De Yurre: ... what I am saying.
Mayor Suarez: Please. I am sorry. I interrupted. Go ahead.
Commissioner De Yurre: It is my understanding that some adjustors from the
different insurance companies are forcing the owners of the boats to use
particular companies to do the repairs, and things of that nature, which are
from outside Dade County. More particularly from boat yards in Broward
County. Now, I am sure... Well, maybe I am not sure, but I can bet you they
don't have occupational licenses to be doing any kind of work here in the City
of Miami, and I feel that we should get a crew there immediately from the City
46 September 10, 1992
k
11
E
to look into this matter, and find out what is happening.
kind of things that we need to alert the media as to what
that we need to nip it 1n the bud because if not then, yo
going to be hurt, and even more devastated financially if
protect those that are ours in this area.
Commissioner Plummer: To my... Mr. Mayor...
Vice Mayor Alonso: Furthermore, Mr. Mayor, if I may...
Commissioner Plummer: To my colleague..
morning was established by the Commissioner
you are speaking about. Tom Gallagher has
are not being dealt with fairly by insuranc
that if you do have a problem to call hi
investigate the issue.
Mayor Suarez: Mr. C
come and meet with
about this issue? I
our next session on
pending at that time.
u
And these are the
is happening, and
know, this City is
we don't try to
e
There on the television this
of Insurance just this issue that
installed a hotline of people that
adjustors, and he is begging you,
s office, and he will immediately
ity Attorney, can you get the Insurance Commissioner to
any of the members of this Commission that are concerned
think we all are. And maybe even be prepared to attend
the 24th, because I think these issues are going to be
Madam Vice Mayor.
Vice Mayor Alonso: Furthermore, the Broward Sheriff has been helping in the
process of taking the boats to Broward County. They are placed in a vacant
lot, and they are evaluated. And I believe the people of Dade County have
been short changed not only because of the individuals who have suffered
damages on their property, but also, as well, businesses who have every right
in the world to be handling these claims and it's much more effective for our
people to do it here. As a matter of fact, I have people who would like to
testify and they are coming after lunch and if we will allow them, because
they have very important information they would like to provide.
Mayor Suarez: And I see the acting Fire M
worked assiduously to try to get all the s
But Captain, and Mr. Manager, I think th
whole different phase in all this where
particular salvage company. Because some
initially allowed in there, two or three o
Commissioner Plummer: That was not true.
arshal, Captain Moon.
alvage operations
e point has been
know you've
going, et cetera.
reached now of a
we cannot in any way favor any
of those salvage companies that we
r four or five...
Mayor Suarez: ...as far as we can tell are...
Mr. Cesar Odio (City Manager): Wait...
Mayor Suarez: ...are all connected...
47
September 10, 1992
Mr. Odio: Mr. Mayor, let me...
Mayor Suarez: No, no. Let me finish, sir.
Mr. Odio: OK. I'm sorry.
Mayor Suarez: ...are all, I suspect, connected with particular insurance
Companies and particular shipyards...
Vice Mayor Alonso: Yes.
Mayor Suarez: ...all of which happen to be...
Commissioner Plummer: That's not what you told me.
Mayor Suarez: ...so far, from what I hear, now I haven't heard the whole
story, outside of Dade County.
i
Vice Mayor Alonso: Indeed.
Mayor Suarez: And very few are on the Miami River and if that is the case, as
they are alleging...
Commissioner Plummer: The individuals made their own.
e
Mayor Suarez: ...then we probably, at this particular point, have no... I
e
don't think we have any longer any justification to restrict the salvage
companies that go in there. That's my feeling, even though I know two weeks
ago the situation was different because it was such an emergency situation.
There was so much crowding. No, I don't... If the Vice Mayor and
Commissioner De Yurre have people who want to address this Commission, I don't
_
want to get into it right now but please be here, at that time and be ready to
answer that question...
Mr. Odio: But...
�..
Mayor Suarez: ...because things have changed. And I think you've done a
magnificent job down there. Don't get me wrong.
i;
Fire Chief Carlos Gimenez: Thank you.
j
Mayor, Suarez: But if it turns out that all those salvage companies took all
those boats out...
Commissioner Plummer: They didn't do a very good job because they weren't
involved.
=t Mayor Suarez: ...to Ft. Lauderdale and outside of our jurisdiction then we're
-4. not getting a fair share of the work...
Mr. Odio: Mr...
Mayor Suarez: ...in our shipyards and we've got to tackle that.
48 September 10, 1992
4 '.m
Mr. Odio: Let me...
Commissioner Dawkins: Mr. Mayor, I'd rather see follow-up on De Yurre's
suggestion, but let's not wait and have somebody from the Insurance
Commissioner's Office come...
Mayor Suarez: No, this afternoon.
Commissioner Dawkins: ...until next week. This afternoon...
Mayor Suarez: This afternoon.
Commissioner Dawkins: ...or tomorrow meet a delegation of us at the marina,
somebody from the Insurance Commissioner's Office and let us actually see
what's going on and try to do something.
Mr. Odio: Let...
Vice Mayor Alonso: Every single item, case, that I have checked is in truth
going through Broward County. And we are not getting the business in Dade
County. And, also, the people feel very disgusted with the process. Why does
my boat have to go to Broward rather than Dade County and the process has been
going on in our own marina.
' Mr. Odio: Well let me clarify it, Mr. Mayor...
Commissioner Dawkins: If ' you re going to discuss it this afternoon, Mr.
Mayor, let's put it off until this afternoon.
Vice Mayor Alonso: Yes, yes, after lunch.
Mr. Odio: We... The only thing we did was set up a command post because
there was an unsafe nature in the marina, gasoline spillage, et cetera. And
we did nut choose salvage companies, we did not choose insurance companies...
Mayor Suarez: At that particular time, Mr. Manager, I hate to contradict you,
we specifically approved...
Mr. Odio: No, no.
Mayor Suarez: ...three, because I was there...
Mr. Odio: No, sir.
Commissioner Plummer: Who?
Mayor Suarez: Captain Moon...
Mr. Odio: We only...
Mayor Suarez: ...specifically...
Commissioner Plummer: Who?
49 September 10, 1992
Mr. Odio: Let me...
Commissioner Dawkins: Mr. Mayor, I'd rather see follow-up on De Yurre's
suggestion, but let's not wait and have somebody from the Insurance
Commissioner's Office come...
Mayor Suarez: No, this afternoon.
Commissioner Dawkins: ...until next week. This afternoon...
Mayor Suarez: This afternoon.
Commissioner Dawkins: ...or tomorrow meet a delegation of us at the marina,
somebody from the Insurance Commissioner's Office and let us actually see
what's going on and try to do something.
Mr. Odio: Let...
Vice Mayor Alonso: Every single item, case, that I have checked is in truth
going through Broward County. And we are not getting the business in Dade
County. And, also, the people feel very disgusted with the process. Why does
my boat have to go to Broward rather than Dade County and the process has been
going on in our own marina.
' Mr. Odio: Well let me clarify it, Mr. Mayor...
Commissioner Dawkins: If ' you re going to discuss it this afternoon, Mr.
Mayor, let's put it off until this afternoon.
Vice Mayor Alonso: Yes, yes, after lunch.
Mr. Odio: We... The only thing we did was set up a command post because
there was an unsafe nature in the marina, gasoline spillage, et cetera. And
we did nut choose salvage companies, we did not choose insurance companies...
Mayor Suarez: At that particular time, Mr. Manager, I hate to contradict you,
we specifically approved...
Mr. Odio: No, no.
Mayor Suarez: ...three, because I was there...
Mr. Odio: No, sir.
Commissioner Plummer: Who?
Mayor Suarez: Captain Moon...
Mr. Odio: We only...
Mayor Suarez: ...specifically...
Commissioner Plummer: Who?
49 September 10, 1992
�P
t, NIP
Mayor Suarez: *,listed a total of three or four salvage companies that we
knew were in fact certified. It was just a situation where...
Commissioner Plummer: Certified is one thing. Mandating their use is
another, now.
Chief Gimenez: No, it...
Mayor Suarez: It was an emergency situation.
Fire Captain Wally Moon: No, we never did that. No. We released a press
release and...
Mayor Suarez: It was impossible for all of them that wanted to operate...
Captain Moon: ...then if they came to us and proved they were qualified, we
let them in.
Mayor Suarez: ...to operate at the same time, at the same marina, in a...
Commissioner Plummer: Who approved it, is what I want to know, because I
specifically called...
Mr. Odio: Mr... Can we clarify?
Commissioner Plummer: ...with a company who came through my office...
Mr. Odio: We didn't...
Commissioner Plummer: ...to be considered, and the Manager told me...
Mr. Odio: That's right.
Commissioner Plummer: ...very clearly, we are not involved...
Mr. Odio: In the salvage company. That's correct.
Commissioner Plummer: ...each boat owner is making his own arrangements...
Mr. Odio: Correct.
Commissioner Plummer: ...and I want to know the Mayor says...
Mr. Odio: The only thing we did, Mr...
Commissioner Plummer: ...that they were approved, I want to know who approved
them?
Mr. Odio: Wait. Excuse me. Can I explain?
Commissioner Plummer: Sure.
Chief Gimenez: We approved it?
50 September 10. 1992
"}
Captain Moon: What?
Chief Gimenet: We approved it?
Mr. Odio: It might save a lot of talking here. We did not approve salvage
companies.
Captain Moon: We approved based on license and insurance, but anybody could
go.
Mr. Odio: We did not approve insurance companies. All we did was say it is
your turn to go in, you are allowed in. We showed the first three salvage
companies that were allowed in. We didn't pick these. We did not choose the
salvage companies. The boat owners choose that or their insurance company.
All we did was we let them come in, 1n turns. We could not have more than
one, two or three at one time.
Commissioner Plummer: That's fine.
Mr. Odio: Right, Wally?
Chief Gimenez: The only thing that we did was that we assured that the
salvagers were licensed and insured. If you proved that, then you were given
access to the marina.
Mayor Suarez: That is not correct, Chief, as to the first day or two, but
let's take it up in the afternoon.
Commissioner Plummer: Well, no, no.
Mayor Suarez: They were decisions that had to be made on the spot.
Commissioner Plummer: I want to know more.
Vice Mayor Alonso: The Mayor is right.
Commissioner Plummer: No, no. I want to know more of who was pushing
business to who. Now, the Mayor has made a comment and I want to know about
it because I don't want to go back to the people who called me and have them
tell me, "Hey, Plummer. You don't know what the hell you're talking about."
Now, let's get it on the record. The first day or two, I want to know who
gave the order to do it.
Captain Moon: I was put in charge by the Manager.
Commissioner Plummer: Fine.
Captain Moon: And on the first day we denied access to anybody to that
marina.
Commissioner Plummer: OK. Second day?
M
51
September 10, 1992
Captain Moon: As the marina was cleaned up, on the second day, we released a
press release telling the owners that they could go to a command post that we
had set up on Bayshore to get access.
Commissioner Plummer: I saw that on TV.
Captain Moon: And we controlled their access and we released... The press
release also said that any salvager or insurance company that had business in
the marina... In other words, they had to show us number one that they were a
licensed company, that they were insured and that they had business to be
there. In other words, a contract from an owner, an insurance company, or
something for a specific boat that was in the marina. We did not allow them
to go in there and solicit.
Commissioner Plummer: Sir, that's not what the Mayor is saying.
Captain Moon: We...
Commissioner Plummer: You're talking around the issue. Speak direct to the
issue.
Captain Moon: He's saying...
Commissioner Plummer: He's saying that the first couple of days that there
was a definite designation.
Captain Moon: That is not true.
Commissioner Plummer: Now, you're saying it's yes or no.
Captain Moon: That is not true.
Commissioner Plummer: OK, you're saying the Mayor is wrong. Now that's...
Captain Moon: As people...
Commissioner Plummer: ...what I'm trying to get to.
Captain Moon: As people came into our office and showed us proof of insurance
and their licenses, we issued them a permit to go into the marina.
al
Vice Mayor Alonso: Do you have records of this?
Captain Moon: Yes we do, we have 42 companies right now that have...
Vice Mayor Alonso: What is the percentage of local companies doing it?
Captain Moon: I would have to research that. Right now we have 42...
Vice Mayor Alonso: I'd like to have this when we...
Captain Moon: ...salvaging companies in the marina.
Vice Mayor Alonso: ...come back in the afternoon.
_J 52 September 10, 1992
e,
Captain Moon: OK.
Vice Mayor Alonso: I'd like to know the percentage of local companies who
were able to do the work.
Captain Moon: OK.
Vice Mayor Alonso: Because my understanding is that the majority of the
companies, with very, very few exceptions, the contracts went to the people in
Broward County and other places and I wonder why the people of Dade County are
not able to do the work at a time like this. I think our people should be
first and then the rest of the world.
Captain Moon: OK. I can have your answers this afternoon.
Commissioner Plummer: May I inquire of the Manager, please? Mr. Manager,
have you assessed at this point the amount of damage that was done to the
marina?
Mr. Odio: Yes, we have.
Commissioner Plummer: OK, and what are we doing about collecting?
Mr. Odio: Collecting what, sir?
Commissioner Plummer: It's my understanding and now I guess I should be
asking the City Attorney that anybody...
Mayor Suarez: They can put it an claim with the FEMA or otherwise is what
he's saying.
Commissioner Plummer: No, no, Mr. Mayor.
Mayor Suarez: No?
Commissioner Plummer: Hold on. Excuse me. It is my understanding that when
people move into the marina they sign a contract that when hurricane
warnings - I think it's warning - are issued that they must vacate the marina.
OK? I am informed that 140 boats did not abide by the contract that they
signed which then created great damage to the marina. And I'm asking, have
you, the City Attorney, filed to recoup and recover the amount of money that
is damage that was created by those people in the marina who did not abide by
their contract?
A. Quinn Jones III, Esq. (City Attorney): No, we haven't filed yet, no.
Commissioner Plummer: What do you mean yet? Does that mean you're going to?
Mr. Jones: If that's what the...
Commissioner Plummer:
You may, you may.not?
53 September 10, 1992
AM
AR, 45
Mr. Jones: if that's what the administration wants in terms of going after
recouping money, we'll file the necessary...
Commissioner Plummer: In other words, you have to have the administration's
permission...
Mr. Jones: Well, I can't unilaterally file without instructions from a
client.^^
^
Commissioner Plummer,. Wet^1, has anybody given thought to it? Has anybody
thought about 1t?^
^
Commissioner Dawkins: Not ^yet. But they will after this.
^
Mr. Odio: Well, I...
Commissioner Plummer: After when?
Commissioner Dawkins: After you get through talking.
Commissioner Plummer: Yeah, they might. But I'm asking...
Vice Mayor Alonso: Do you put them on notice? Do you send them notification
or...
Mr. Jones: I don't know. I'm not aware...
} Vice Mayor Alonso: No?
Mr. Jones: ...of any notices having been sent out.
Commissioner Plummer: Personally, the Manager told me...
Mr. Odio: There's a...
Commissioner Plummer: ...he left my house, that he was going to the marina to
inform those people that according to their contract they had to move.
Mr. Odio: That's correct.
Commissioner Plummer: Which is in their contract and I'm assuming he went
there and so informed those people.
Mr. Odio: On the other hand, there's many conflicting things here. The
county, during the past two years, has been saying that boats should stay in
the marinas.
Commissioner Plummer: Mr. Manager, let me tell you my problem.
Mr. Odio: :I was informed before and after, I mean during and after, that we
would have had a liability problem more serious than what you're talking about
if you force boats to move out and then the boat sinks. As it is right now,
the City is absolutely whole. The marina will be rebuilt with FEMA (Federal
Emergency Management Agency) and insurance monies that we have. The marina is
-a 54 September 10, 1992
h
insured for $120000,000 and we have a loss of business clause also of about
$55000,000. And I think that to now go after boats, especially those that -
154 boats sank - that lost everything they had on those boats...
Commissioner Plummer: Mr. Manager...
Mr. Odio: I just will recommend against that.
Commissioner Plummer: Mr. Manager, you are aware as I am and other people,
that when you put in a $12,000,000 claim what's going to happen to your
premium the next year.
Mr. Odio: Yeah, but...
Commissioner Plummer: OK? All I'm saying to you, sir, is they signed an
agreement and I expected them to live up to that agreement. That's all I'm
saying to you. I don't own a boat. Why should I have to pay through my taxes
and my insurance premium for people who did not do what they agreed to do?
Mr. Odio: Well, at this point I think then it's a policy decision of this
Commission. If you want me to proceed on that, I recommend against...
Commissioner Plummer: Sir, I'd like the facts...
Mr. Odio: The facts?
Commissioner Plummer: ...and then I will make that... I will personally make
that...
Mayor Suarez: And check at least, if it isn't a good idea to put them on
notice, that they, by violating the agreements with us, the marinas that we
operate, have possibly created some additional damage.
Commissioner Plummer: Breached.
Mayor Suarez: And if for no other reason, Mr. Manager, that, and Mr. City
Attorney, that in case they file claims against us, we at least have been
first to put them on notice that they violated their...
Mr. Odio: I don't... No...
Mayor Suarez: ...own lease agreement...
Mr. Odio: Mr. Mayor...
Commissioner Plummer: That's right.
Mayor Suarez: ...in a defensive way, even though they may be able to get all
of their compensation from their insurance companies. And we may be able to
get all of our damages from our insurance and from FEMA and anybody else.
Mr. Odio: I think we are...
55 September 10, 1992
�rt
�
Mayor Suarez: But putting them on notice may not be a bad idea. That they
violated their...
Commissioner Plummer: Can T ask...
Mayor Suarez: And also, for the future, it tells them those people who don't
take their boats out of here, in accordance with the agreement, are going to
be in a position of some legal jeopardy, so that...
Commissioner Plummer: May I...
Mr. Odio: I...
Mayor Suarez: ...they don't think they got of scot free.
Commissioner Plummer: Mr. Manager...
Mr. Odio: I think what we should do is revamp the contracts and if you want
to lease a slip from us that they have to sign saying where they are going to
take their boat during a hurricane. In other words, they have to sign an
agreement with us saying, "My Boat "X" will be anchored at the river if a
hurricane comes along."
Commissioner Plummer: You and I are paying for it.
Vice Mayor Alonso: You'd better believe it.
Commissioner Plummer: Mr. Mayor, Mr. Manager...
Mayor Suarez: Yeah, maybe they'll have to specify where they are going to
take...
]}
Mr. Odio: If not I'm told by the County and every...
'
Commissioner Plummer: It doesn't mean a thing.
!,
Mayor Suarez: And I'll tell you what. We're
going to have make special
provision, maybe the Captain...
Commissioner Plummer:
It doesn't mean a thing.
Mayor Suarez: the Chief
...and can give some
expert advice on what to do
1
about that one boat that parks right next to...
anchors right next to City
Hall there, with the steel hull. The one that
did all the damage at Monty
R
Trainer's and elsewhere. Maybe that one we just
ought to figure out some way
to not renew that lease. I don't...
Commissioner Plummer: Mr. Manager...
Mayor Suarez: I don't know that he wants it.
I don't even know where that
boat has gone to.
Commissioner Plummer: The preliminary assessment is how much damage to the
-
marina?
56
September 10, 1992
YN
AAMN
Mr. Odio: $4,000,000.
Commissioner Plummer: Thank you, sir.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Who is responsible for the removal of the boats that
sank?
Mr. Odio: They are. The owner is.
Commissioner Plummer: The boat owners.
Commissioner Dawkins: All right. They are. If they don't move them, what?
Mr. Odio: Then we would have to move it at some...
Commissioner Dawkins: No, no.
Mr. Odio: ...point and charge and go after the owners.
Commissioner Dawkins: No, no. You get the money from their insurance company
to move it first.
Mr. Odio: Right, we won't touch the boat.
Commissioner Dawkins: And after you get the money from the insurance company,
you move it.
Commissioner Plummer: If they have it.
Commissioner Dawkins: Do not move it.
Mr. Odio: Fine.
Commissioner Dawkins: ...trying to collect the money from the insurance
company.
1: Mr. Odio: Fine.
i
Commissioner Plummer: If they have insurance. The reason they probably don't
move it, is they don't have insurance.
Vice Mayor Alonso: Probably.
Commissioner Dawkins: Now that would be my recommendation.
Commissioner Plummer: OK.
Mr. Odio: So far, Commissioner, they have all been... It's working very
well. They're removing their boats and no problem, so far.
57
September 10, 1992
Mayor Suarez: It's working very well except in the issue that we mentioned
before and some of the people are here. Francis is here. I see her in the
back. We're going to try to discuss this matter in the afternoon because some
of the people have been invited to be here in the afternoon. But we are very
concerned about the salvage companies taking the boats to shipyards outside of
our County and some of this business not staying in Dade County as you
suggested to me before. And, apparently, the entire Commission seems to be
very knowledgeable in this and that's good news.
Commissioner Plummer: Mr. Mayor, may I suggest that you inform them from the
looks of our agenda that we will not be back until 4:15. Hopefully.
Mayor Suarez: OK. Is that because we have all the afternoon items scheduled
at 4:15?
Commissioner Plummer: 4:15 and after. Yes, sir.
Mayor Suarez: Why did we do that?
Commissioner Plummer: Just so they don't...
Commissioner Dawkins: Well, I would hope that we get through everything. If
it takes...
Commissioner Plummer: Well, you can't because your budget has got to be at
5:05. That's the problem.
Commissioner Dawkins: Well, if it takes until 2:00 to get through everything
down through that, I would suggest we stay here and get that done.
Mayor Suarez: Yeah, let's see how we...
Commissioner Dawkins: I would suggest not breaking at 12:00 and don't come
back until 4:15.
Mayor Suarez: Let's see.
Commissioner Plummer: Sir, I have to leave at 12:00. I'm sorry.
Commissioner Dawkins: Well, let's...
Mayor Suarez: OK, let's see how far we can get...
Commissioner Dawkins: Well, in your business, we can understand,
Commissioner.
Mayor Suarez: All right. It may be that we'll meet just a little bit earlier
on that issue but we'll let you know at 12:00, if we're here that late. Item
2, Emergency Ordinance.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Commissioner.
58 September 10, 1992
{
Commissioner De Yurre: Mr. Mayor, if I may. I don't want to send the wrong
message either. Certainly, Dade County comes first as far as rebuilding and
keeping the dollars down here. At the same time I think we have to recognize
and appreciate and give thanks to Broward County and the other communities
that have pitched in to help. They have given of their time and their efforts
and their sweat and financially to help those in need in Dade County and I
think that has to be recognized and certainly noted. I also...
Commissioner Plummer: ...look at the video on Channel 9... they have the
Police Department's award where they insulted us and you.
Commissioner De Yurre: ...want to take a moment because, certainly this is a
unique meeting, not only because it's the first one after the August break but
because of what's happened.
Commissioner Plummer: That they have a PIO and they are going to do what
the hell they want and they ain't going nowhere.
Mayor Suarez: Is that right? Is that right?
Commissioner De Yurre: And I certainly felt that at some point in time we
would take a moment to reflect a little bit on what's happened to our
community.
Commissioner Plummer: Isn't it amazing they got the approval
for September when I put a memo three weeks ago in to have those [expletive
deleted] here.
Commissioner De Yurre: And I want to take a moment, basically, to recognize
the employees of the City of Miami, the people of this community who have
given of themselves the way they have. And some of you may not have been
actively involved in a day-to-day or hour -to -hour basis on what's been going
on with this crisis. But I have been in close contact with what's been
happening and I think that the City of Miami, the employees, Cesar Odio at the
helm, Police Chief, Fire Chief, all the different departments have been there
working countless hours - countless, because I can assure you they don't know
how many hours they've worked in these last two weeks - of overtime around the
clock. They deserve our thanks and appreciation for a job well done. And I
just want to put that on the record. I wouldn't want this day to go by
without making note of that and thanking them for everything they've done for
us at this time of crisis and need.
Commissioner Dawkins: I'd just like to add to... I agree with Commissioner
De Yurre. Our work force did a tremendous job without which it would be much
worse than it is. But I also would be remiss if I were not to say that had we
gotten more cooperation from the County we could have done more. That's
Miller Dawkins saying that. Secondly, I would personally like to thank
Sheriff Navarro who sent manpower down here from Broward County, who stayed
down here with us and worked with us hand -in -hand. And the other thing. I
don't know how to do it. I will do it between now and the next hurricane. I
want it understood that once a day, the Commissioners must be briefed by the
Manager as to what the hell is happening. Now, if no Commissioner wants to go
to the meeting, that's fine. But, in any other emergency - once a day I would
like for the Manager to brief me, if nobody else, on what has occurred in the
59 September 10, 1992
,j
t
last 24 hours. Then the Manager goes to the press because I don't intend to
go to the press. But at least let me know what's happening and then he can go
tell the press. Now 1 would like... I don't know whether you have to do that
through legislation. I don't know what we have to do. But in the next
emergency, I want it clearly understood, that every 24 hours I expect to be
briefed on what happened in the last 24 hours and what we're doing.
Commissioner Plummer: Mr. Mayor, point of personal privilege, please. May I
refer back to the consent agenda?
Commissioner Dawkins: We're still on it.
Mayor Suarez: Yes, and if I may, before you go into that. On the prior
statement of intent and support for the work done by the employees, Mr.
Manager, if you can come up with a logical, honorary, or commendatory, or
maybe even compensatory award to be given, in recognition, to be given to
those who worked particularly hard and those whose homes were destroyed. And
knowing they could not get to their own homes, somehow managed to spend an
incredible number of hours out there helping everyone else. I'd like to know
the names of those individuals. I've heard a few names and I know of how many
were left homeless, roughly in the Police and Fire Departments, but I'm sure
it happened in other departments.
Mr. Odio: I believe it's 166 City employees lost their homes.
Commissioner Plummer: Seventy-seven in the Fire.
Mayor Suarez: And it might be useful to... I think it would be...
Commissioner Dawkins: And not one of them moved into the City of Miami. They
all moved to Broward County.
Mayor Suarez: I think that a lot are moving into the City.
Commissioner Dawkins: Not a one.
Mayor Suarez: And this also a great opportunity...
Commissioner Dawkins: Not a one.
Mayor Suarez: ...to create more incentives...
Commissioner Dawkins: Not a one.
Mayor Suarez: ...to move them into the city. But regardless of where they
may have been living. If in fact their homes were destroyed, I know it is
true of a couple of police officers and fire fighters that I know and some
other people and...
Commissioner Plummer: That moved into the City?
Mayor Suarez: No, that they really worked throughout the hurricane knowing
that their own homes were totally destroyed and sometimes not even knowing
about their own families and how they were doing and that's commendatory.
Commissioner Plummer, I interrupted you.
60 September 10, 1992
r.r----rr..:----.w ai.-..----r.--------------------------------n.rrr
12. (A) RECONSIDER PRIOR VOTE ON CA-32 (RESOLUTION RATIFYING THE
POSTPONEMENT OF THE FEES FROM VIZCATRAN, LIMITED, REQUIRED UNDER CODE
SEC. 2-99(a) (2) ;
(B) DEFER CONSIDERATION OF PROPOSED RESOLUTION TO RATIFY THE
POSTPONEMENT OF THE COLLECTION OF FEES FROM VIZCATRAN, LIMITED, BY
EXTENDING SAID SUBDIVISION'S TIME LIMITATION FOR COMPLETION OF
IMPROVEMENTS UNTIL SUCH TIME AS CODEC SECURES NECESSARY FUNDING TO BEGIN
CONSTRUCTION.
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, if I may revert back to CA-32 and, for the
record, I would like to show my negative vote to be consistent. I have been
totally opposed to this project from day one. I am still opposed to this
project. I don't think it fits in the neighborhood of the Roads section. And
as far as I'm concerned, anything that I can do to try to stop this project I
would do. And if I'm only the single, negative vote, I will be that even
though it's an extension of fees to be paid at a later time. I think that
this project is a total disaster for that Roads neighborhood, and I would like
to have the opportunity, please, by the record, to show a negative vote.
Mayor Suarez: It's a motion... I'll deem it a motion to reconsider then. So
moved to reconsider.
Commissioner Plummer: All right, sir. I'll so move just to reconsider, to
get it on the record.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Call the roll on the motion for reconsideration.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-546
A MOTION TO RECONSIDER PRIOR VOTE ON RESOLUTION 92-539
(WHICH RATIFIED THE POSTPONEMENT OF THE COLLECTION
FROM VIZCATRAN, LIMITED, OF THE FEES REQUIRED UNDER
CODE SECTION 2-99(a)(2) TO EXTEND THE SUBDIVISION
IMPROVEMENTS TIME LIMIT, AS IT RELATES TO THE
"VIZCATRAN GARDEN" SUBDIVISION.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
61 September 10, 1992
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AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Dawkins: I'm going to be voting with the motion although I
sympathize and I too am against it. But we do need affordable housing and we
keep saying we're going to do affordable housing. And I don't care... I've
learned in the 12 years that I have been here, with every vote you make up
here, you make some people happy and some people angry. So this happens to be
one of those when some people will be angry with us.
Commissioner Plummer: For the record, don't let it reflect that I am opposed
to affordable housing. I'm very much 1n favor of it. I have voted
consistently for it. I just think that a 10-story monstrosity in the middle
of the Roads section is out of place. I vote, if they were to put low-rise
affordable housing, I would be for it.
Mayor Suarez: Mr. Kay.
Commissioner Plummer: Ten floors is out of the question.
Mayor Suarez: Are you... You seem to be eager to tell us whether you are for
or against affordable housing, sir.
Mr, Jim Kay: No, that's not it at all.
Mayor Suarez: What prompts you, at the risk of your own life, to come up to
the microphone and want to talk to us, sir?
Mr. Kay: This was an item that we presented... Public Works presented
because this was part of the platting requirements of the site.
Mayor Suarez: OK, by voting. Let's say, for example, we took a deferral
until this Commission considers the whole issue of Vizcatran and the fact
that, apparently, we took a beating in the District Court of Appeals, is that
correct?
Commissioner Plummer: No, no. The City prevailed. They have the right to
proceed.
Mayor Suarez: No, I think we were overruled.
A.Quinn Jones III, Esq. (City Attorney): We appealed... We were overruled
and then we took an appeal. It's on appeal now.
t
Commissioner Plummer: You mean the City, they can't build it now?
62 September 10, 1992
! S
Y
Mr. Jones: Well, no. They overturned...
Mayor Suarez: At of now...
Mr. Jones: they overturned...
Mayor Suarez: When you say an appeal you mean...?
Mr. Jones: They overturned the Commission's decision.
Mayor Suarez: Right.
Mr. Jones: And we took... I notified each of you and not hearing any
response, being presumptuous in Viinking that you wanted to go forward with it
to protect the decision you made...
Mayor Suarez: That's the wrong guy to say that to.
Commissioner Plummer: When it's convenient, he appeals.
Mr. Jones: So it is a...
Commissioner Plummer: Only on those that he has a 101% chance of winning. If
it's 99, he doesn't appeal..
Mayor Suarez: Mr. City Attorney, is it an appeal or a writ of certiorari the
Supreme Court. I thought we lost the third DCA (Disctrict Court of Appeals)?
Mr. Jones: Do you remember what it is?
Mayor Suarez: Well...
Mr. Jones: I'll find out for you.
Mayor Suarez: In any event, how does this affect the legal posture, Jim, if
we decide, for example, to defer action on this?
Mr. Kay: It has no effect on it.
Commissioner Plummer: No, if it's just a replatting, there's nothing.
Mayor Suarez: All right. We have a motion to reconsider which has been
passed. Now, what do you want to uu with the item? I'd be inclined to vote
to just simply...
Commissioner Plummer: I move to defer.
Mayor Suarez: ...defer, all right. Thank you. Moved.
Commissioner De Yurre: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
Commissioner Plummer: Until 1999.
63 September 10, 1992
1
•
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER DE YURRE, ITEM CA-32
HEREINABOVE WAS DEFERRED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
13. EMERGENCY ORDINANCE: RELATING TO HURRICANE RELIEF -- EXTEND FOR 90 DAYS
EFFECTIVE DATES FOR ALL VARIANCES, SPECIAL EXCEPTIONS, SPECIAL PERMITS,
AND OTHER LAND -USE APPROVALS, WHEN SUCH APPROVALS HAVE EXPIRATION DATES
WHICH WERE PREVIOUSLY SCHEDULED TO OCCUR FROM AUGUST 24, 1992 TO
NOVEMBER 22, 1992.
Commissioner Dawkins: Mr. Mayor.
Commissioner Plummer: Thank you, Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I'd like to offer a pocket item. You know, since we
have this hurricane, I'd like to offer an ordinance that is an Emergency
Ordinance (AT THIS POINT, COMMISSIONER DAWKINS READ THE EMERGENCY ORDINANCE
INTO THE PUBLIC RECORD BY TITLE ONLY.) And I would so move.
Mayor Suarez: So moved.
Commissioner Plummer: Second.
Mayor Suarez: Seconded. This is presumably something that we need to do,
Joe. I see you also eagerly at the mike.
Mr. Joe McManus: A minor correction. In section two, line seven, the
reference is to Chapter 54 and it should be Chapter 54.5...
Commissioner
Dawkins:
OK.
Mr. McManus:
... as
advised by Law Department.
r'
Commissioner
Dawkins:
OK.
y
Mayor Suarez:
Would
that interdelineation, as they call it, we have a motion
and a second.
Any discussion?
If not, please call the roll.
64 September 10, 1992
AN EMERGENCY ORDINANCE RELATING TO HURRICANE RELIEF;
EXTENDING FOR A NINETY (90) DAY PERIOD, THE EFFECTIVE
DATES FOR ALL VARIANCES, SPECIAL EXCEPTIONS, SPECIAL
PERMITS, AND OTHER LAND -USE APPROVALS, AND THE LIKE,
GRANTED BY THE CITY OF MIAMI PURSUANT TO ITS ZONING
ORDINANCES AND SPECIFIC CHAPTERS OF THE CITY CODE,
WHEN SUCH APPROVALS HAVE EXPIRATION DATES WHICH WERE
PREVIOUSLY SCHEDULED TO OCCUR FROM AUGUST 249 1992, TO
NOVEMBER 22, 1992; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; AND PROVIDING FOR A RETROACTIVE
EFFECTIVE DATE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10995.
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.
65 September 10, 1992
i
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14. EMERGENCY ORDINANCE: AMEND 10021 WHICH ESTABLISHED INITIAL RESOURCES AND
APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND PROVIDE INCREASE OF
$2075580 AS RESULT OF ADDITIONAL MONIES DEPOSITED DUE TO SUCCESSFUL
FORFEITURE ACTIONS.
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, are you taking emergency items relating to
hurricanes? Because 1 have one for the park.
Mayor Suarez: No, let's go quickly through this, if I may.
Commissioner Plummer: Through what, sir?
Mayor Suarez: We'll get to it.
Commissioner Plummer: OK.
Mayor Suarez: We'll get to it before the end of the morning.
Commissioner Plummer: Fine. Just merely asking.
Mayor Suarez: Item 2. Amending Ordinance No. 10021.
Commissioner Plummer: Move to defer, with all the rest of the items.
Mayor Suarez: Law Enforcement Trust Fund moved to defer. How about the ones
that we approved, or did we not approve any of them?
Commissioner Plummer: No.
Mr. Cesar Odio (City Manager): This covers the Midnight Basketball League
and the downtown... Well, this is... Well, anyway... Go ahead, defer it.
Commissioner Plummer: I move to defer it to the next meeting.
Mayor Suarez: Well, there are some that have already been approved before...
Commissioner Plummer: No, sir.
Mayor Suarez: ...that this covers.
Mr. Odio: Yes.
Mayor Suarez: Can we just include those that have been approved specifically?
Mr. Odio: That's what you're doing.
Lt. Joseph Longueira: Everything but $170,000 has been approved.
September 10, 1992
a�.
Mayor Suarez: J.L., this includes a bunch of items that have previously been
discussed, approved.
Lt. Longueira: By resolution.
Vice Mayor Alonso: For the Youth Crime Watch, Agape...
Lt. Longueira: Right.
Mr. Odio: We already spent the money.
Lt. Longueira: Commissioner, if you'll...
Mayor Suarez: Exclude the ones that today we didn't act on.
Lt. Longueira: Right. If you'll approve $207,580, that will cover everything
that has been approved by resolution by this Commission: the Youth Crime
Watch, Agape, the Officer Friendly Program, Career Criminal Program, Guardian
Ad Litem, Downtown Information Officers, the K-9 dogs, Tacolcy Center, the
Lease Pagers and the Midnight Basketball League have all been approved by this
Commission, $207,580.
Mayor Suarez: All right. As to those, with a revised ordinance excluding the
other items, deleting the ones that we tabled or deferred today. Want to give
me a motion on that?
Vice Mayor Alonso: I so move.
Mayor Suarez: So moved. Commissioner Plummer seconds it.
Commissioner Plummer: No, no. I do not.
Mayor Suarez: That's when he taps... When he taps...
Commissioner Dawkins: No, no. Commissioner De Yurre.
Ms. Hirai: Commissioner De Yurre.
Commissioner Plummer: No, sir.
Mayor Suarez: Commissioner De Yurre seconds. Call the roll.
Commissioner Plummer: No, wait.
Mayor Suarez: All right. Commissioner Plummer?
Commissioner Plummer:
Mayor Suarez: Wait.
Commissioner Plummer:
Commissioner Dawkins.
Commissioner Dawkins.
Mayor Suarez: Don't call the roll.
67 September 10, 1992
e
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Commissioner Plummer: Commissioner Dawkins.
Commissioner Dawkins: Yes, sir.
A. Quinn Jones III, Esq. (City Attorney): It's an ordinance. Needs reading.
Commissioner Plummer: When you ask again, what is the budget of the Police
Department, I want you to remember these are dollars being spent solely at
their discretion. When they come back and they tell you $88,000,000, you look
them straight in the eye and say, "Now tell me the truth."
Mr. Odio: This is not at their discretion.
Commissioner Plummer: It is.
Mr. Odio: You have approved this before. The Commission approved it.
Commissioner Plummer: It is solely at their discretion. This did not come
through us.
Mr. Odio: Yes it did, sir.
Commissioner Plummer: They brought it here and said, "Hey, here it is, guys.
You don't have any control over these dollars." Other cities are using these
dollars for very important items.
Commissioner Dawkins: For burying people, you say?
Commissioner Plummer: If that's the case, so be it.
Commissioner Dawkins: Oh, you said very or bury?
Commissioner Plummer: OK. Varying items, Mr. Commissioner.
Commissioner Dawkins: Oh, OK.
Commissioner Plummer: OK? Just want you to know that when they come look in
your eye, you tell them.
Mayor Suarez: All right.
Commissioner Dawkins: OK. Thank you. I will do that.
Commissioner Plummer: All right.
Mayor Suarez: Call the roll on the item, please.
Mr. Jones: Mr. Mayor, this is an emergency ordinance.
Mayor Suarez: Read the ordinance please.
Mr. Jones: Number Two.
Mayor Suarez: Call the roll.
68 September 10, 1992
�'t � �hvk%..a:�M`Y4*"�.�aiW.e<Y'Wi148iV.ainK+n'R+.Sf'ai��311ww:.}Tftiw��tX(bFNNY:v�" �• ,: �� � � ••;
r
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 100219
ADOPTED ON JULY 18, 1985 AS AMENDED, WHICH ESTABLISHED
INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR THE
LAW ENFORCEMENT TRUST FUND, RECEIVED AND DEPOSITED
PURSUANT TO ORDINANCE NO. 92579 ADOPTED APRIL 9, 19819
TO PROVIDE FOR AN INCREASE IN THE AMOUNT OF $207,580
AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID
FUND DUE TO SUCCESSFUL FORFEITURE ACTIONS; CONTAINING
A REPEALER PROVISION AND SEVERABILITY CLAUSE.
Was introduced by Vice Mayor Alonso and seconded by Commissioner De
Yurre, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Comnissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner J.L. Plummer, Jr.
ABSENT: None.
Whereupon the Commission on motion of Vice Mayor Alonso and seconded by
Commissioner De Yurre, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner J.L. Plummer, Jr.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10996.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: He is consistent. What was the amount to be clarified on the
ordinance?
Mr. Jones: $207,000.
Lt. Longueira: $207,580.
69 September 10, 1992
s
Mayor Suarez: OK. Let the record reflect that that was the vote that we just
took. Are we OK on that, Mr. City Attorney? Clarification, almost
simultaneously.
Vice Mayor Alonso: Just for the items that we had previously approved.
15. (A) AUTHORIZE APPROPRIATION OF $80,000 TO COVER MILDRED AND CLAUDE
PEPPER BAYFRONT PARK MANAGEMENT TRUST'S FISCAL YEAR 91-92 DEFICIT;
(8) EMERGENCY ORDINANCE: AMEND 10920, TO IMPLEMENT BUDGETARY ADJUSTMENTS
TO COMPLY WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AS OUTLINED BY
CITY EXTERNAL AUDITORS.
Mayor Suarez: Item 3, Emergency Ordinance, annual appropriations.
Mr. Cesar Odio (City Manager): One of these adjust...
Commissioner Plummer: What item are we on?
Vice Mayor Alonso: Number Three.
Mr. Odio: Three.
Commissioner Dawkins: You know, I have a problem and I may as well state it.
It says here, in the backup, the Special Obligation Debt Bond Fund will have
an estimated accumulated cash balance of $675,195 of which $260,195 is
additional telephone franchise revenue. The balance after debt service will
be transferred into the general fund. But they don't say how much of it,
number one. Also, it says whereas the Environmental Storm Water Sewer Fund
will revise this contribution to the general fund from $2,100,000 to
$4,100,000 for the fiscal year 1992. This advance will be repaid in future
years as allowed by cash flow requirements. Yet, in Item 15, you tell me that
you want to assess the North Flagler sanitary and sewer by $1,648,317.53 but
from the same Stormwater Sewer Fund your taking $2,000,000 now and you want to
assess the people $2,000,000. I don't understand them. I mean, somebody
explain to me what we're doing.
Mr. Carlos Garcia: Commissioner, those are two separate items.
Commissioner Dawkins: That are the same money.
Mr. Garcia: No, sir. They are not.
Commissioner Dawkins: No, the same American money.
Mr. Garcia: Well, they are all dollars.
Commissioner Dawkins: Yes, same dollars.
Mr. Garcia: No Mexican pesos there.
70
September 10, 1992
a ,
g Commissioner Dawkins: No, no Mexican pesos. OK. Go ahead. Go ahead now.
Mr. Garcia: OK. Item 15 is a special assessment out of which the property
owners will be paying 25% of the construction of those sewers. The other
$2,000,000 that you refer to in this Item Number 3 is paid by all City
property owners as part of their water service, as part of their water bill.
Commissioner Dawkins: But why should I take the money that I have taxed these
citizens to do sanitary sewer work and put it in the General Fund?
Mr. Garcia: For one thing, the General Fund has some expenses related to
those sewers. They have administrative expenses. There are maintenance
expenses. But the additional $2,000,000, as the ordinance says, is a loan
that will be repaid in future years.
Commissioner Dawkins: Well, are you also going to borrow $30,000,000 from tax
anticipated notes? So now you're going to have... So now you're borrowing
$32,000,000 with tax anticipated notes.
Mr. Garcia: The $30,000,000 borrowing is for next year, sir. It's not for
this year.
Mayor Suarez: Yeah, the other $2,000,000 now are utility anticipated notes.
So we've got tax anticipation notes.
Mr. Odio: What happened...
Mayor Suarez: We have utility fees anticipation borrowing. We've got a lot
of creative borrowing here.
Mr. Odio: Mr. Mayor. The first night, I guess it's Saturday night or Sunday,
Saturday night when we were facing the hurricane, I called Carlos Garcia down
and said, Where are we going to find cash to pay for what's coming?" I expect
what was coming was heavy monies we are now claiming and I have a breakdown
which will provide to you $63,500,000 from the federal government. We had to
work seven days a week, 24 hours a day, and we are still doing that now 12
hours a day. With that, we had to scratch for every dollar we could find to
meet the payroll that first week and the second week. We did. We expect that
we will replenish the fund balance the moment the checks begin to come in from
FEMA (Federal Emergency Management Agency) which we expect the first advance
to come in, in a month.
Commissioner Plummer: This relates, Mr. Mayor.
Mayor Suarez: All right. Yes.
Mr. Odio: It does relate because we had to borrow this money from the fund
balance.
Commissioner Plummer: This relates to my emergency item...
Mr. Odio: Yeah, so...
Commissioner Plummer:...for the park.
71 September 10, 1992
�� wsMl:aiayt4,mnatrcu'�k.m.e),n.�.fi„+-�,. •: ... � i�
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t
Mayor Suarez: Oh. Please go ahead if you need to...
Vice Mayor Alonso: So you'd better...
Mayor Suarez: ...get into this, Commissioner.
Commissioner Plummer: OK, Mr. Mayor, the reason...
Mr. Odio: You know, Mr. Mayor, what we actually had to do is put every dollar
we had... What we're doing now is actually paying expenses including
contractors and we have to have trucks hired to work to clean the streets from
the cash monies of the City.
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: All right, Commissioner Plummer.
Commissioner Plummer: The point that I was trying to bring up before is you
know I am your representative to Bayfront Park. Because of the dama a done to
the park and because of the shows that had to be cancelled, we are ?80,000 in
deficit. We are four weeks behind in payroll. We have not paid any bills. I
say we. You know, it's not me. And what I'm trying to establish and what I
asked you before about emergency item, we've got to have the $80,000 or I'm
scared they're going to come confiscate the park. So, this is all part of it.
We lost $45,000 on one event that was scheduled for Labor Day that we couldn't
do. So, you know, I'm... Here it is it's $80,000 and I'll read it into the
record whenever you're ready for it. (AT THIS POINT COMMISSIONER PLUMMER READ
THE RESOLUTION INTO THE RECORD.) Now...
Mayor Suarez: Who has initiated the letter writing campaign? If you know
anything about it, Mr. Katz. Where they send these little notes saying how
important Bayfront Park is to the future of mankind and life, liberty and the
pursuit of happiness. They are all...
Commissioner Plummer: All of Ira Katz's children...
Vice Mayor Alonso: Same envelope, same letter.
Commissioner Plummer: ...his relatives, his brother-in-law, anyone...
Mayor Suarez: Why do I get the impression that some of them are maybe, DAK
(Demand Assistance Corporation) employees or other people who are somehow
Involved in the Downtown cleanup now?
Mr. Ira Katz: Not to my knowledge.
Mayor Suarez: They're not your relatives either? Well, they certainly got
themselves together in the letter -writing campaign quicker than anybody else
after the hurricane. I'll tell you that.
Commissioner Plummer: Mr. Mayor, have you ever seen the makeup of that board?
72 September 10, 1992
°d
��t z w X € tfki4 ku N iWak«c a uMix pie,
Mayor Suarez: Oh, these were the people that were being fed at J.L.'s house.
I remember, the 28 that were there that one night with the big "paella,"
whatever it was, that was cooking.
Commissioner Plummer: And there was no problem until you tried to get to the
head of the line, in front of Victor. The two of you ate at my house and you
created a problem by getting to the front of the line.
Mayor Suarez: Not true, I did...
Commissioner Plummer: Oh that's right. You were back...
Mayor Suarez: ...take advantage of other things you had at your house, but
not food.
Commissioner Plummer: Liquid. Yeah, the liquid diet.
Mayor Suarez: All right, with very minor alcohol content.
Commissioner Plummer: Well, I offer that motion, Mr. Mayor, and then you can
fit it in wherever you want. I...
Mayor Suarez: Where's the money going to come from, Mr. Manager? Are we
going to try to recoup some of this money or... I presume you're recommending
this as an item that we need to pay for to maintain that park.
Mr. Odio: Well I was hoping Andrew would take care of the fountain, but he
didn't. Seriously, Bayfront Park is part of the list that we will be refunded
from FEMA to rebuild.
Mayor Suarez: Does the fact that we appropriate this fund now, in any way,
create...
Mr. Odio: That depends on what the money is going to be used for. We have
definite guidelines. If this money is going to be used to pay people to
operate the park on a regular basis, no.
Commissioner Plummer: No, sir. This is the monies that will pay the back
salaries and cleanup and all of that.
Mr. Odio: Then that is not reimbursable.
Commissioner Plummer: OK. Regardless of what you do, we have payrolls...
Mayor Suarez: I just wanted to know where the money was coming from.
Mr. Odio: You asked me a question...
Commissioner Plummer: OK.
Mr. Odio: ...that's the answer.
Mayor Suarez: All right.
73
September 10, 1992
WV" r
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Commissioner Plummer: You know...
Mr. Odio: That is not reimbursable under the FEMA rule.
Commissioner Plummer: Whether or not it's refundable by FEMA, I can't answer.
I can answer...
Mr. Odio: It is not.
Commissioner Plummer: ...that the payroll people, if we don't get this money,
are going to come and take over our park.
Mayor Suarez: All right. So moved.
Vice Mayor Alonso: They must be paid► Second.
Mr. Odio: Unless... Unless those employees...
Mayor Suarez: Second.
Mr. Odio: Is Ira here? Unless those employees are cleaning up the park after
the hurricane.
Commissioner Plummer: Excuse me, Mr. Manager. At my direction, there are no
employees. I've told him to fire, excuse me, to layoff the employees...
Mayor Suarez: Don't...
Commissioner Plummer: ...and lock the door, which he did.
Mayor Suarez: Don't say anything further, I'm sure you can...
Vice Mayor Alonso: But I'm sure they were working before.
Mayor Suarez: Yes, I'm sure they are working after the hurricane.
Commissioner Plummer: Oh, after.
Mayor Suarez: Cleaning up, etc.
Commissioner Plummer: No, sir. They have not been rehired.
Mayor Suarez: Al right. You're not going to get any reimbursement from
FEMA.
Commissioner Plummer: We have a special crew that is doing that.
Mayor Suarez: Meantime, what about... As long as we're on this, Mr. Katz,
what about the sprinklers now? You're not going to water the place. Then
you're going to have all the grass dying. What's the story on that? What do
you need from Public Works or somebody else? This is the time to ask. We've
got a Commission that wants to get things resolved here.
74 September 10, 1992
Mr. Katz: We had some major damage to the sprinkler system which we made a
claim to Risk Management. We're hoping to get that resolved as soon as
possible.
Mayor Suarez: OK. You're not going to add to the claim by having the grass
all die, are you? I mean, we've had good rain, thank God, but...
Mr. Katz: No, sir.
Mayor Suarez: All right. Moved and do we have a second on his motion?
Vice Mayor Alonso: Yes.
Mayor Suarez: Seconded by the Vice Mayor.
Mr. Odio: By the way, Mr. Mayor, before you note... You have to, Ira, get in
tune with Carlos Garcia. Did you lose business? You bring it to Mr. Garcia
and that is refundable on your loss of business insurance.
Vice Mayor Alonso: I was going to say that. That's remarkable.
Mayor Suarez: We have interruption of business provision.
Commissioner Plummer: Excuse me, Ira.
daily contact with him?
Mr. Katz: Yes, sir.
Did you not tell me you've been in
Mr. Odio: No, I just want to make sure that you are.
Commissioner Plummer: OK. No, we are.
Mr. Odio: OK.
Commissioner Dawkins: What is the motion?
Mayor Suarez: The motion is to pay the back salaries and other expenses of
Bayfront Park, the total of... What's the amount, J.L.? Eighty some thousand
dollars.
Commissioner Plummer: Sure.
Vice Mayor Alonso: $80,000.
A. Quinn Jones III, Esq. (City Attorney): Not to exceed 80.
Commissioner Dawkins: What is the motion?
Commissioner Plummer: The motion is... I read it, sir. Would you read the
motion? I just gave it to the Clerk. Would you read it again, please? It's
to pay the $80,000.
Mayor Suarez: The employees of Bayfront Park that are owed money from before
when the operations were interrupted.
75 September 10, 1992
RAy�
� 1 '
Commissioner Plummer: Hey, I didn't want to go to Bayfront Park. You people
sent me there.
Mayor Suarez: And you're going to be there...
Vice Mayor Alonso: For life.
Mayor Suarez: ...until the turn of the century, at least.
Commissioner Plummer: Thanks.
Commissioner Dawkins: That has nothing to do with operation of the fountain.
Commissioner Plummer: Thanks. Nothing to do with the fountain.
Mayor Suarez: Absolutely nothing.
Commissioner Dawkins: To pay people.
Commissioner Plummer: That's it. We'll address the fountain this afternoon.
Commissioner Dawkins: I beg your pardon?
Mayor Suarez: OK. On that motion? Is it an ordinance or just a resolution?
Mr. Jones: It's a resolution.
Mayor Suarez: Call the roll please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-547
A RESOLUTION AUTHORIZING THE APPROPRIATION OF FUNDS TO
COVER THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK
MANAGEMENT TRUST'S FISCAL YEAR '91-92 FUNDING DEFICIT;
ALLOCATING FUNDS THEREFORE, IN AN AMOUNT NOT TO EXCEED
$80,000, FROM THE SPECIAL PROGRAMS AND ACCOUNTS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
1
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
76 September 10, 1992
c
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: Yes, item 5?
Commissioner Dawkins: Wait.
Commissioner Plummer: What happened to four? Four's withdrawn.
Mr. Od>o: Three. You didn't pass three.
Mr. Jones: You didn't deal with three yet.
Vice Mayor Alonso: Three, you did not complete.
Commissioner Plummer: Three you haven't done.
Mr. Odio: And that one is just...
Mayor Suarez: Oh, I'm sorry. On item 3, I'll entertain a motion.
Commissioner Plummer: Mr. Mayor, I'm told by the Manager it's got to be done.
I move it.
Mayor Suarez: So moved.
Commissioner Plummer: OK?
Mr. Odio: First bill... By the way I want to know the first bill of the
first week and a half was $9,200,000 that we had to find.
Commissioner Plummer: Hey, let me tell you something. You'd better get all
the money you can get before November because when that election's over
they're not going to know you.
Mr. Odio: I want you to know that...
Commissioner Plummer: They're not going to know you.
Mr. Odio: I want you to know that we are, at least...
Commissioner Dawkins: They'll know me because I'm a democrat.
Commissioner Plummer: Yeah, right.
Mr. Odio: No, we are...
77 September 10, 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.
Mayor Suarez: Yes, item 5?
Commissioner Dawkins: Wait.
Commissioner Plummer: What happened to four? Four's withdrawn.
Mr. Od>o: Three. You didn't pass three.
Mr. Jones: You didn't deal with three yet.
Vice Mayor Alonso: Three, you did not complete.
Commissioner Plummer: Three you haven't done.
Mr. Odio: And that one is just...
Mayor Suarez: Oh, I'm sorry. On item 3, I'll entertain a motion.
Commissioner Plummer: Mr. Mayor, I'm told by the Manager it's got to be done.
I move it.
Mayor Suarez: So moved.
Commissioner Plummer: OK?
Mr. Odio: First bill... By the way I want to know the first bill of the
first week and a half was $9,200,000 that we had to find.
Commissioner Plummer: Hey, let me tell you something. You'd better get all
the money you can get before November because when that election's over
they're not going to know you.
Mr. Odio: I want you to know that...
Commissioner Plummer: They're not going to know you.
Mr. Odio: I want you to know that we are, at least...
Commissioner Dawkins: They'll know me because I'm a democrat.
Commissioner Plummer: Yeah, right.
Mr. Odio: No, we are...
77 September 10, 1992
a 5
s iy
Commissioner Plummer: You and Slick Willy.
Mr. Odio: The FEMA people are working fine and we are two weeks ahead of the
schedule.
Vice Mayor Alonso: For the record, the City Manager is also a democrat.
Commissioner Plummer: Mr. Mayor, you know the difference between God and
George gush?
Mayor Suarez: I know a lot of differences. Yes, but go ahead.
Commissioner Plummer: The difference between God and George Bush is God
doesn't think he's George Bush.
Mayor Suarez: Item 3. That's not one of his best. He has a lot better,
believe me. Item 3, then, do we have a motion?
Commissioner Plummer: I moved it, sir.
Mayor Suarez: Moved it. Do we have a second? I second.
Vice Mayor Alonso: OK. Any further comments? Call the roll please.
Mayor Suarez: Read the ordinance.
Mr. Jones: Let me read the ordinance.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1, 2, 5 AND 6
OF ORDINANCE NO. 10920. THE ANNUAL APPROPRIATIONS
ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
1992 ADOPTED SEPTEMBER 26, 1991 AS AMENDED, FOR THE
PURPOSE OF IMPLEMENTING BUDGETARY ADJUSTMENTS TO
COMPLY WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPALS
AS OUTLINED BY THE CITY EXTERNAL AUDITORS; CONTAINING
A REPEALER PROVISION AND SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Mayor Suarez, for
adoption as an emergency measure and dispensing with the requirement of
reading same on two separate days, which was agreed to by the following voter
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.
78 September 10, 1992
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Whereupon the Commission on motion of Commissioner Plummer and seconded
by Mayor Suarez, 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. 10997.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: With an understanding that I'll be fully explained to
this afternoon, I'll vote yes.
Vice Mayor Alonso: With the understanding we will be refunded, yes.
---------------------------- ------ ---- ------------------------------
16. FIRST READING ORDINANCE: AMEND CODE CHAPTERS 2 AND 19 ("ADMINISTRATION"
AND "FIRE PROTECTION") -- PROVIDE FOR INCREASE IN FEES FOR INSPECTIONS
AND EXAMINATIONS OF PLANS FOR COMPLIANCE, EMERGENCY MEDICAL
TRANSPORTATION FEES AND PERMITS, TEST CHARGES AND FEES RELATED TO
REQUIREMENTS AND ENFORCEMENT OF SOUTH FLORIDA FIRE PREVENTION CODE AND
CODE OF THE CITY OF MIAMI.
------------------------------------------------------------------------------
Mayor Suarez: Item 5, entitled "Administration" and "Fire Protection"...
Mr. Cesar Odio (City Manager): This is a...
Commissioner Plummer: Mr. Mayor, I have no problem with addressing the fees
as it relates to rescue but I think at this particular time the inspection
fees... I think it sends the wrong message.
Vice Mayor Alonso: Of course.
Mr. Odio: This is for out -of -city residents. This is not for city residents.
Commissioner Plummer: Cesar, even fees for out -of -city residents who are
going to try and rebuild. I think it sends the wrong message at this time.
Mr. Odio: Fine, I...
79 September 10, 1992
Mayor Sucrev How about if we postpone...
Vice Mayor Alonso: Postpone. -
;�
Mayor Suarez: No, no wait. Let's do it this way, please. Before you say
that we postpone the actual implementation of the ordinance, or the approval
of the ordinance, why don't we just have the ordinance be implemented a little
bit later, J.L...
Commissioner Plummer: No sir, what I was going to...
Mayor Suarez: ...but we approve it.
a'
Commissioner Plummer: Sir, what I was going to suggest is the inspection fees
`
be deferred and we implement...
Mayor Suarez: The rest.
i
Commissioner Plummer: ...the rescue fees.
Mayor Suarez: OK. But after the inspection fees, you want to defer them for
a period of time, sir?
}
Commissioner Plummer: At least 90 days.
Mayor Suarez: So we put it right into the ordinance.
Mr. Odio: Fine, fine.
Commissioner Plummer: 90 days. That's fine. 90 days.
Mayor Suarez: And that we approve the rest of ordinance with that...
Commissioner Plummer: Sure.
-_
Mr. Odio: Fine.
Mayor Suarez: All right?
Commissioner Plummer: I have no problem with that, sir.
-
Mayor Suarez: OK. So with that modification, the inspection fees will not...
The increase will not be implemented for a period of 90 days after what would
otherwise be the effective date of the ordinance. I think...
Commissioner Plummer: Make it January 1...
}
Mayor Suarez: All right.
Commissioner Plummer: ...so that everybody...
Mayor Suarez: That makes it simpler.
Commissioner Plummer: The rest of the ordinance is a...
80 September 10, 1992
Mayor Suarez: the rest of the ordinance with implementation as per our
code...
Commissioner Plummer: Normal procedure.
Mayor Suarez: ...which I think is 30 days after the second reading.
Commissioner Plummer: Right.
Mayor Suarez: We have a motion by Commissioner Plummer.
Commissioner Plummer: yes, sir.
Mayor Suarez: Seconded? Commissioner De Yurre. Read the ordinance please.
Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTERS 2 AND 19 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATION" AND "FIRE PROTECTION," RESPECTIVELY,
THEREBY PROVIDING FOR AN INCREASE IN FEES FOR
INSPECTIONS AND EXAMINATIONS OF PLANS FOR COMPLIANCE,
EMERGENCY MEDICAL TRANSPORTATION FEES, AND PERMIT,
TESTS CHARGES AND FEES RELATED TO THE REQUIREMENTS AND
ENFORCEMENT OF THE SOUTH FLORIDA FIRE PREVENTION CODE
AND THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; MORE PARTICULARLY BY AMENDED SECTIONS 2-76,
2-83.1, 19-2, 19-3, 19-5, 19-6, 19-7, 19-9, AND 19-14;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Vice Mayor Miriam Alonso
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
81 September 10, 1992
{k nF aia
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—N
17. A. CONTINUE CONSIDERATION OF PROPOSED RESOLUTION SETTING FORTH
NEW SPECIAL PROJECTS AND EVENTS TO BE PRODUCED AND CABLECAST
ON THE CITY'S MUNICIPAL ACCESS CABLE CHANNEL "MIAMI NET 9"
FOR THE MONTH OF OCTOBER, 1992.
B. COMMISSIONER J.L. PLUMMER DEMANDS FROM ADMINISTRATION THAT A
VIDEO BE BROUGHT TO THE COMMISSION CONTAINING DISRESPECTFUL
REMARKS BY POLICE OFFICERS CONCERNING CITY COMMISSIONERS.
------------------------------------------------------------------------------
Mayor Suarez: Item 6. What do we need to do on this, Mr. Manager?
Commissioner Dawkins: Continue Item 6 until I... I don't know what we're
doing and I don't want to continue it until I...
Mayor Suarez: Is there anything that even requires the Commission to be
apprised? I mean, other than...
Mr. Cesar Odio (City Manager): No, I...
Mayor Suarez: ...the fact that some of the stuff that is going out...
Commissioner Plummer: Wait. Whoa, whoa.
Mayor Suarez: ...on channel 9 is...
Vice Mayor Alonso: He says he had come to...
Commissioner Plummer: No way, Jose, that I'm going to sit still and get
letters in my office from the public telling me that this Police Department is
insulting this Commission. I asked, I wrote you a memo, asking that that
video be brought here so that this Commission could see it. I have...
Mayor Suarez: It was an awards ceremony in the Police Department.
Commissioner Plummer: Yes, sir.
Mayor Suarez: Apparently, certain things were said. I'm very interested in
seeing...
Mr. Odio: I'll bring...
Vice Mayor Alonso: I'd like to see that too.
Mayor Suarez: ...what was said, particularly by anyone related to what we
used to think was the PIO (Public Information Office), which now turns out to
be media relations.
Commissioner Plummer: Oh yeah, yeah.
Mr. Odio: I'll set it up in the chambers, next meeting, over there.
82 September 10, 1992
74
Commissioner Plummer: And, Mr. Manager.
Mr. Odio: I didn't see it.
Commissioner Plummer: Mr. Manager.
Mr. Odio: That's why I want to bring this item. I don't... I want you to be
the editors of Miami Net. I don't want any...
Mayor Suarez: Well, the one thing, for myself, that I would please ask, is
that you don't repeat the State of the City Address. I've got a lot of people
telling me that they're...
Mr. Odio: Fine.
Mayor Suarez: ...very, very tired of hearing me give a very lengthy State of
the City Address and that must have been somebody just didn't have anything
else to put on there or something.
Mr. Odio: You see, that was... No...
Mayor Suarez: You know, but I'll give you some tapes.
Mr. Odio: That was... We brought that here before.
Commissioner Dawkins: It was requested by the Mayor.
Vice Mayor Alonso: A hundred times.
Mr. Odio: We brought here in the... That's why I want to bring this here.
Commissioner Plummer: Well...
Mr. Odio: I don't want to be an editor of any channel on TV...
Commissioner Plummer: Make...
Mayor Suarez: Well, we don't want to be editors either. But we do want to
give you some guidelines, but...
Mr. Odio: OK.
Commissioner Plummer: Uh, Mr. Manager, I want to...
Mayor Suarez: That's the only one I can think of is please don't repeat the
State of the City Address.
Commissioner Plummer: I want you to make sure that you bring the tape
relating to the Police Department that concludes by saying, "Oh, my God! Is
this on television?" I want that tape here, OK?
Mr. Odio: OK.
83 September 10, 1992
a
Commissioner Plummer: And I want the monkeys... I want the monkeys who did
that to be here, to make those kinds of comments about this Commission.
Because I've sent you the letter... I've sent you the letter of the citizen
who wrote to us, wrote to me... I gave it to you, Joe, didn't I?
Mayor Suarez: I'd like to see that letter too.
Commissioner Plummer: OK. Who says that, "Commissioner Plummer, I can't
believe that a Commanding Officer of the Police Department would have stood
there and tolerated the insults to you, the Mayor and the rest of the
Commission." I didn't furnish? I thought I furnished all of you copies.
I'll get you copies.
Vice Mayor Alonso: Please.
Commissioner De Yurre: What did they say about you?
Commissioner Plummer: About me?
Commissioner De Yurre: Yeah.
Commissioner Plummer: No, they were just saying... It was really towards the
Mayor.
Commissioner De Yurre: Oh, OK.
Commissioner Plummer: ...based on the fact that he was the one...
Commissioner De Yurre: Let's get into this a little bit. You know, let's
find out what's happening.
Commissioner Plummer: No, hey. Let's call 1t like it is. No, 1t was...
Mayor Suarez: So the only one who hasn't seen it is me. I love that.
Commissioner Dawkins: No, no. I haven't seen it either.
Mayor Suarez: Yeah.
Mr. Odio: One mistake I guess I have to watch...
Mayor Suarez: Wait until you see the stuff they said about you.
Vice Mayor Alonso: This is horrible. That is disgusting, that Channel 9, to
have that.
Commissioner Plummer: No, it was the idea that you passed a motion which I
seconded, in reference to PIO being eliminated and it be part of the Chief's
office. Guess who got the award of the month? Isn't it coincidental, the PIO
.Department of the Police Department voted themselves as the outstanding unit
of the Police Department?
Mayor Suarez: The media relations unit.
84 September 10, 1992
Commissioner
De Yurre: It was their last chance,
Commissioner
Plummer: Excuse me. On the tape it's stilt PIO.
Mayor Suarez:
Can you imagine? Media relations unit?
Commissioner
Plummer: They go... This humungous guy goes in
front of the
camera and and he said "I don't care what they say. We're not
going away."
Huh? Is that
defiance? I think it is.
Commissioner
Dawkins: OK.
Commissioner
Plummer: And then, the Commanding Officer comes
on and says
"Well, why don't
you present this award to yourself, in front
of the City
Commission?"
Mr. Odio: If anything...
Commissioner
Plummer: Defiance?
Mr. Odio: If anything they show to be very dumb. I'll tell you.
Commissioner
Plummer: Hey, I want to tell you. As American Guild
of Variety
Artists they
don't come in. Under MetroZoo they might.
Mr. Odio: MetroZoo is gone, so...
Mayor Suarez:
OK.
Commissioner
Plummer: And they should be.
Mayor Suarez: You know, one service they might be provided, Mr. Manager. I
don't think right now the cable system in the City has a listing of the
channels, Because they used to have it on one of the channels, now they don't
have it. That might be one interesting service, just a listing of what
channels are what on your particular set. Which is the same throughout the
City, obviously.
Commissioner Plummer: They have it.
Commissioner Dawkins: Well, I'd like to see...
Commissioner Plummer: Channel 47 on mine.
Mr. Odio: Forty-seven on mine, yeah.
Mayor Suarez: I don't find it on mine.
Commissioner Plummer: Forty-seven on mine.
Mr. Odio: Forty-seven.
Commissioner Plummer: You got the cheap version.
85
September 10, 1992
Commissioner Dawkins: OK. Next item.
Mayor Suarez: That is certainly true. Yes.
Commissioner De Yurre: I ain't got no cables.
Mayor Suarez: All right.
Commissioner Dawkins: Next item.
----------------------------------------------------------------------------
18. DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED RESOLUTION
RATIFYING AND AFFIRMING DOWNTOWN DEVELOPMENT AUTHORITY'S SELECTION
OF WACKENHUT FOR PROVISION OF ARMED PRIVATE SECURITY SERVICES FOR
THE FLAGLER/CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT
DISTRICT. (NOTE: This discussion was continued to the agenda for
9-24-92)
------------------------------------------------------------------------------
Mayor Suarez: Next item is item 7. Selection of blank for the provision of
armed private security services for the Flagler Core area security district,
special improvement district, etc.
Mr. Cesar Odio (City Manager): Now that Mr. Kapust, or Kapustin is here, I
hope he writes a letter saying how fast the downtown was cleaned up.
Mr. Rafael Kapustin: I want to read this letter into the record, if I may.
Commissioner Dawkins: No, thanks. Mail it to us.
Mr. Kapustin: I will be giving it to you personally, but if I may, I would
very much appreciate, Commissioner Dawkins, if this remains on the record.
Thank you.
Mayor Suarez: It will be put into the record but you should know, and maybe
this will be an experience for you, that the media doesn't always publish the
positive and they certainly published your very negative, very unfair, very
unkind letter, in view of what has happened in downtown in the last seven
years, and then a series of letters to the editor agreeing with you and, I
don't know how the rest of the Commission felt, but it really, really affected
me, and the way I thought of your own cooperation, and the things we've down
In downtown in the last seven years and I don't know that you can undo the
damage of that by that little letter you have there, but if you think you can,
at least try. It would be appreciated.
Commissioner Plummer: Mr. Mayor, I'm sorry. Go ahead.
Mr. Kapustin: Sir, all our letters and comments are very constructive and
that's the spirit of them. It's unfortunate that you take it...
86 September 10, 1992
'r
Mayor Suarez: I didn't think that article was constructive at all. I thought
it was totally, absolutely unfair and destructive. But, everybody's entitled
to their own opinion.
Mr. Kapustin: Well, I'm sorry that that was your opinion but that was not the
intent and I don't think that this is the place to discuss it, anyway.
Mayor Suarez: Well, read it to yourself when you get a chance. I sure don't
want to read it again. When I open up the...
Mr. Kapustin: Mr. Cesar...
Mayor Suarez: ...the good doctor, back there, sends a lot of nice letters and
supportive letters, and she also complains when things are not going well on
Biscayne and the Cushman area. Try that for a change. Maybe that will work
for you, if you can get some positive things in the Herald. We'll see.
Mr. Kapustin: "Mr. Cesar Odio, City Manager. Dear Cesar: You hear from us
often enough when there are problems so we wanted to be sure you heard from us
when we feel compliments and credit are in order. Hurricane Andrew was a
horrendous catastrophe which touched everybody in Dade County but we believe
the City of Miami, and particularly the downtown area, received outstanding
service from our City government, protecting our interests in preventing the
storm from causing us even greater harm. The City's Administration, police
and other departments moved rapidly into position to protect the downtown
business district, clearing streets, keeping order, preventing looting and
contributing greatly to a sense of calm and control after the storm. We are
proud of our City government's response to the hurricane and we appreciate the
intelligent and responsive service provided to the downtown district.
Sincerely, Rafael Kapustin, Downtown Miami, Inc., Copies to: the Mayor;
Commissioners; Police Chief; David Lawrence, Miami Herald." Thank you.
Commissioner Plummer: Mr. Mayor, I would like to ask of the City Attorney, I
am concerned that we are going to be having people downtown, who are not sworn
officers of the law, who are going to be carrying firearms, about the City's
potential liability of being directly involved in this selection, or being a
part of this process. I am extremely concerned about that. I think we are
opening up a door that could just absolutely be devastating in the potential
liability around the corner.
A. Quinn Jones III, Esq. (City Attorney): Commissioner, first of all that 1s
a very real and very... very real concern, a potential concern, but do be
advised that the contract that they would be entering to does provide for an
indemnification clause and there are also insurance requirements.
Commissioner Plummer: How much is the amount of the insurance?
Mr. Jones: How much is the insurance?
Mr. Matthew Schwartz: $5,000,000, I believe.
Mr. Jones: Five million? $5,000,000. $30,000,000?
87 September 10, 1992
Mr. Schwartz: The company has a $30,000,000 policy but the City required
$6,000,000.
Commissioner Plummer: Out we don't even know... Who's the company? I don't
even know who the company is.
Mr. Schwartz: The committee that was...
Mayor Suarez: OK.
Mr. Schwartz: ...is recommending to the City Commission, Wackenhut.
Commissioner Plummer: They're under investigation. Wackenhut is under
federal investigation. Am I not correct?
Mr. Jones: I don't know.
Commissioner De Yurre: For what?
Mr. Joel Maxwell (Assistant City Attorney): That has nothing to do with RFP
(request for proposals).
Mr. Jones: Yeah.
Mr. Maxwell: That has nothing to do with...
Commissioner Plummer: Well, it has nothing to do with RFP...
Commissioner Dawkins: Breaking the law.
Commissioner Plummer: ...but are you going to do... You know, and George and
I sit together on the Board of Directors of Mercy Hospital and I love him
dearly, but is not the company being investigated by the feds? Hello?
Commissioner De Yurre: We're all being investigated, what are you talking
about?
Commissioner Plummer: Not... Only you, not me.
Commissioner De Yurre: We all are.
Commissioner Plummer: Mr. Manager, hello? Is there somebody around here that
knows something?
Mr. Odio: I didn't select them.
Commissioner Plummer: I didn't say you selected them. I'm asking...
Mr. Odio And, I... That's the first time I have ever heard that Wackenhut
was under investigation.
Commissioner Plummer: Well, the thing in the paper said they were under
investigation...
88 September 10, 1992
Mr. Odio: It's the first Vtne I ever heard it.
Commissioner Plummer! ...for, in... What was it? Joe, you read the article.
Mr. Odio: I tell you that from what I have heard they are the best security
company around. I don't know.
Commissioner Plummer: It's something they did with the feds themselves.
Lt. Joseph Longuelra: Well, I believe it's something to do with their private
investigators investigating. I don't believe it had anything to do with their
guard services, though.
Commissioner Plummer: If you don't think so, OK.
Commissioner De Yurre: I think it was one of those Perot operations.
Mayor Suarez: Are they...
Commissioner Plummer: Victor, I don't...
Mayor Suarez: Are they a local company or is that an idea of mine?
Commissioner Plummer: All I remember was they're under investigation.
Vice Mayor Alonso: That's what I thought too.
Commissioner Plummer: I don't know.
Mayor Suarez: Aren't they... Isn't that a total company?
Commissioner Plummer: Yes.
Mr. Schwartz: They're headquartered in Coral Gables.
Mayor Suarez: It's one of the biggest local companies of all in Dade County.
Commissioner Plummer: How much do they charge in an hour?
Mr. Schwartz: It comes out to, per, $16 an hour.
Commissioner Plummer: What?
Mr. Schwartz: With the fringe benefits.
Commissioner Plummer: Regular security companies are charging seven and eight
dollars an hour. Why are you paying 16?
Mr: Schwartz: It calls for their providing trained officers, people who are
armed.
Commissioner Plummer: Sir, they have to be certified by the State, any and
all of them.
89 September 10, 1992
Mayor Suarez: There...
r
9
Commissioner Plummer: Why are you... Did you have...
procedure?
Mr. Schwartz: This is a bidded procedure. There were two...
Commissioner Plummer: And what was your lowest...
Is this a bidded
Mr. Schwartz: They were the lowest bid in total based on their total... What
the package...
Commissioner Plummer: How many bids did you receive?
Mr. Schwartz: We received two bids. We sent out approximately 25 RFPs. A
lot of the small companies, a lot of the security firms were not interested,
because of the $5,000,000, the requirement for liability that the City would
require.
Commissioner Plummer: Sixteen dollars an hour is...
Commissioner Dawkins: What do you mean when you say "low in total"? I don't
understand. I mean what do you mean when you say they were "low in total"?
Mr. Schwartz: No. There are two bids. One company, Dolphin Securities,
which is located in the Ingraham Building, proposes for $99,000 to provide
this service. But they're providing only three officers, versus Wackenhut's
four officers. Wackenhut is providing more services as part of their
recommendation. This was sort of left open on the proposal on the quality of
service.
Commissioner Plummer: Mr. Mayor, I...
Mr. Schwartz: And that was a major concern of the review committee.
Commissioner Plummer: Mr. Mayor, I ask this to be deferred. We've only
received this material this morning. I have not seen it prior to today and I
would like the opportunity to go through this material and you can...
Mayor Suarez: Can we table it, instead?
Commissioner Plummer: Until the 17th.
Mayor Suarez: Or, no, table it in case they can convince you...
Commissioner Plummer: Mayor, I can't read all of this by this afternoon. I'm
sorry.
Mayor Suarez: - I think they have a pressing need to have this in place,
though.
Mr. Schwartz: Uh, Commissioner...
90 September 10, 1992
M1
Commissioner Plummer: They have a pressing need to provide this Commission
with information, duly in time that we have the right to sit down and read it.
Mr. Schwartz: Commissioner..,
Mayor Suarez: Remember, that our involvement in this is rather...
Commissioner Plummer: It's involve...
Mayor Suarez: ...minor. I mean, it is a Special Taxing District, Special
Assessment District, right?
Commissioner Plummer: That's correct, sir, and I...
Mayor Suarez: ...that is funding it.
Mr. Schwartz: Commissioner...
Commissioner Plummer: I understand that. I'm concerned...
Mayor Suarez: They have happened to have selected probably the best...
Commissioner Plummer: ...of the liability.
Mayor Suarez: ...known company, which happens to be a local company.
Commissioner Plummer: I can't believe they're spending $16.
Mr. Schwartz: Commissioner, I apologize why this was delivered to your
offices, I believe, two days ago. The reason for the delay, in this was
because of the hurricane. The selection committee was not able to meet until
last Friday and that is the reason. Unfortunately, we were unable to meet
with any of the Commissioners before this because of...
Commissioner Plummer: I still don't have the analysis and the breakdown of
the cost. Mr. Manager, I understand their...
Mr. Odio: How many people are you going to have?
Commissioner Plummer: Oh, here's what I'm looking for.
Mr. Odio: Matthew.
Commissioner Plummer: They didn't even give it to me.
Mr.-..Odio: How many many people are you going to have hired?
Mr. Schwartz: They are going to be hiring four people, working 12 hour...
There are two shifts
Mr. Odio: How many rangers did you have before?
Mr. Schwartz: We had 17 rangers in total.
91 September 10, 1992
c any r.
:yy
4
315
Mr. Odio: And you're hiring four now?
Commissioner Plummer: You know, somebody get the story straight.
Mr. Schwartz: They're hiring...
Commissioner Plummer: Now, here, it says here, insurance is $50,000,000.
First it's five, then it's 30, and on this paper it says 50,000,000. Now
who's right and who's wrong?
Mr. Jones: The RFP requires five.
Commissioner Plummer: Sir...
Mr. Odio: I mean the RFP requires...
Commissioner Plummer: I asked...
Mayor Suarez: The requirement was five.
Commissioner Plummer: I asked a question as to the amount of liability
insurance. Do you remember that?
Mr. Schwartz: They carry $30,000,000 liability insurance.
Commissioner Plummer: I'm sorry.
Mr. Schwartz: I believe they carry $30,000,000 in total liability.
Commissioner Plummer: Sir, it says here, "Insurance: $50,000,000 plus." Now
who's right and who's wrong?
Mr. Schwartz: It's a $5,000,000 policy and it's a $30,000,000 umbrella and
that may have been a typo. That was done in-house. That was not... That was
our review.
Commissioner Plummer: And you're asking me to vote on documents that are
totally in error. Mr. Mayor, that is wrong, to ask me or any member of this
Commission, when the documents that you've got are not correct. I move that
this item be deferred. Now, you all do what you want. Do you want vote on
this damn thing?
Commissioner De Yurre: What is the urgency of the matter?
Mr. Schwartz: The existing service will cease on October 1. The property
owners are paying for this service through the Special Assessment District.
The City needs to either have the service to be provided, one way or the
other, after October 1, and this...
Commissioner De Yurre: OK. So...
Mayor Suarez: Do you want to try to...
92 September 10, 1992
Mayor Suarez: ...try a stab at tabling and seeing if the Commissioner can be
assured between now and the afternoon of any details he may need to know about
it. It's not really anything that we, particularly, are involved in, except
to ratify the selection of the company.
Commissioner De Yurre: To ratify. And for the record, Mr. Mayor, let me say
that, this is ratifying and reaffirming the selection of Wackenhut in that
process. Because before the DDA (Downtown Development Authority) goes ahead
and contracts with a private company, I want to get comparables from the
Police Department, to see how close they can come to this. Because if it's
close at al1, 1 want to go with our own officers.
Mayor Suarez: All right. Then we have...
Commissioner Plummer: Yeah, but this... Excuse me, Mr. Mayor. This doesn't
even give me any backup of the other bidding.
Mayor Suarez: Let's go ahead and take it as a motion to defer, then. Move to
defer.
Commissioner Plummer: Excuse me.
Mayor Suarez: Commissioner De Yurre seconds.
Commissioner Plummer: For the information...
Mayor Suarez: And...
Commissioner Plummer: I would like to have the material of who was the other
company...
Mr. Odio: Wait...
Commissioner Plummer: ...and what their bid amounted to.
Mr. Odio: Mr. Mayor.
Commissioner Plummer: I don't have any of that.
Mayor Suarez: OK. Mr. Manager, if you're going to tell me that you think the
Police Department can do it for less...
Mr. Odio: No, no. I said...
Mayor Suarez: ... and more effectively, sir, spend the next two weeks trying
to convince this Commission that they...
Mr. Odio: No, no.
Mayor Suarez: ...should undo the total process and go to that.
93
September 10, 1992
pk;-rrH^t>`
Mr. Odio: Whet...
Mayor Suarez: But we're going to defer the item. Yes?
Mr. Odio: What I was going to say... If they're paying $16, they can pay our
Miami Police Officers. That's all I was going to say.
Mayor Suarez: That's what I was just saying.
Mr. Jones: But then...
Mayor Suarez: If you're going to try to convince us to do that after...
Mr. Odio: No, no. I'm not going to convince them. I'm just...
Mayor Suarez: ...the merchants and everybody have gone through the whole
process...
Mr. Odio: No, they would go along with this.
Mr. Schwartz: No.
Ms. Maira Diaz: We... The Police Department gave us...
Mr. Schwartz: It's $29.
Commissioner Plummer: This is a hell of a way to run an airline. Sit here...
Ms. Diaz: The Police Department gave us a bid to...
Mr. Danny Salzverg: All right. Let me help to classify...
Commissioner Plummer: Who are you, sir?
Mr. Salzverg: My name is Danny Salzverg. I own seven stores in downtown
Miami and I've been involved in this process.
Commissioner Plummer: Right, sir.
Mr. Salzverg: Let me help you to clarify some of your questions. We were
supposed to meet two weeks ago. The hurricane held us up. We didn't meet
until last Friday. We all had better things to do but we met. And I don't
want to jeopardize the whole process and all the hours that we put in.
Secondly, as far as why it's $16 an hour, so you understand, we did not want a
regular security guard. We wanted something comparable to what you see on the
Metrorail, which they contract with the County, which are law enforcement
trained officers, minimum three years experience in an academy or MPs,
military police. We didn't want somebody, here's a gun in a holster, $4.50 an
hour, you're a security guard.
Mayor Suarez: Danny, he has enough other questions that...
Mr. Salzverg: All right.
94 September 10, 1992
Mayor Suarez: *..to his mind...
Mr. Salzverg: And as far as...
Mayor Suarez: ...warrant postponing this until the 14th... until the 24th is
when we're meeting. Is that correct?
Vice Mayor Alonso: Yes.
Commissioner Plummer: Yes, sir.
Mayor Suarez: Now...
Mr. Salzverg: I also want you to know that we met with the police and we...
Mayor Suarez: All right.
Mr. Salzverg: We pitched this to the police and the police didn't want to bid
on this and they had told us, "We can't guarantee you a pool of people."
Mayor Suarez: Well, I...
Mr. Salzverg: And we went to the police. It's not like we just excluded
them.
Commissioner Plummer: You see, they talked to the police. The police didn't
want it.
Mr. Odio: No, because they thought they were bidding on...
n
Commissioner Plummer: So that ends it. That ends it.
Mr. Odio: ...an eight dollar an hour deal.
Commissioner Plummer: What?
Mr. Salzverg: We spoke to the police on numerous occasions, not just once.
Mr. Odio: We thought we were talking about eight dollars an hour. For
eight...
Commissioner Plummer: And they didn't want to do it, right?
Mr. Salzverg: No.
Commissioner Plummer: So...
Mr. Salzverg: They said, "We can't guarantee you a pool of people and we
don't know what rate."
Commissioner Plummer: So that ended it right there.
Mr. Odio: J.L...
-' 95 September 10, 1992
i
C
Commissioner Plummer: in other words, this Commission is not making the
decision.
Mr. Odio: No.
Commissioner Plummer: This Commission is informed after the fact and the
Police Department are going to do what they want. God bless them.
Mr. Odio: They...
Mayor Suarez: Wait a minute. Before we get to far into this, just a quick
comparison.
Mr. Odio: They thought it would be eight dollars an hour.
Mayor Suarez: What are we paying for off -duty officers, Chief Gibbs?
Commissioner Plummer: But they're paying $16, $16 an hour.
Mr. Odio: For $16 we can do it.
Mayor Suarez: Assistant Chief, Arnold Gibbs, what's the usual rate for off -
duty?
Commissioner Plummer: Of course you can, but the Police Department didn't
want it.
Mr. Odio: For eight dollars.
Assistant Chief Arnold Gibbs: We have three different rates for off -duty.
Mayor Suarez: And what are the three different rates, then?
Assistant Chief Gibbs: Straight off -duty, I believe, is $18 an hour.
Commissioner Plummer: High, high and higher.
Assistant Chief Gibbs: Time and a half which would be $27 an hour, average
salary.
Mayor Suarez: It's very difficult to compete with $16. If, however, you can
do it, the Manager seems now all of a sudden, or maybe not all of a sudden, he
seems now to be interested in the possibility. We've got two weeks.
Mr. Odio: I thought you were talking about eight dollars an hour.
Commissioner De Yurre: No...
96
September 10, 1992
Mr. Odio: ...when you talk security, and all of a sudden...
Commissioner Plummer: That's what I would expect.
Mr. Odio: ...it's $16, then we can do it.
Mayor Suarez: I don't think we'll be in a position...
Commissioner Plummer: Who... Excuse me, Mr. Mayor.
Mayor Suarez: ...to do it for 16, but if you think that maybe we will be...
Commissioner Plummer: Off duty rates are what? How much are off -duty?
Mayor Suarez: We have two weeks in which to deal with that. That's when
we're meeting next on the 24th. Is that correct? Madam City Clerk?
Assistant Chief Gibbs: For the... Mr. Mayor.
Commissioner Plummer: Mr. Mayor, I would like...
Mayor Suarez: We're meeting on the 24th?
Commissioner Plummer: I would like to know who this person is in the Police
Department that denied the request? Would you tell me, sir? Because, I...
Assistant Chief Gibbs: For the record, Commissioner Plummer...
Commissioner Plummer: Sir, he was the one that dealt. May I speak with him
please and ask...
Mr. Salzverg: There's no one... Let me explain to you.
s
Commissioner Plummer: Sure, please.
Mr. Salzverg: There's no one specific in the Department that denied the
° request. We met with the police and they told us that the nature of off -duty
is that they need to have a pool of officers and they're were certain
drawbacks to using off -duty. They were wilting to do it. The problem is that
q they couldn't guarantee that they'd always have the bodies, number one.
Number two, in the event of a catastrophe, or anything around town, they would
have to pull their people. That's just the nature of having an off -duty
officer. And we were looking for hedges against that. We wanted somebody
whose accountability was solely to the property owners and the merchants
downtown, and we felt a private... And let me explain to you, we're only
entering into a 90 day trial period. We're not marrying them, we're dating
="
them. Al right. We're going into a 90 day trial period to see how this
Ei
works and if it doesn't work, we're going to throw them out. And if it works,
maybe we'll rediscover the wheel. That's where we're at on this. It's a 90
day trial and I would hate to think that all the hours that we put in, and
like I always say, we all have better things to do, I'd hate to think it's all
_x.
for nothing, at this point.
97 September 10, 1992
Commissioner Plummer: EXcuse me, 90 day trial and you have how many able
bodies involved in this?
Mr. Salzverg: We have four units. There are...
Commissioner Plummer: And how many people?
Mr. Salzverg: There's one in each unit. You have two Cushmans and two
Blazers.
Commissioner Plummer: Four people?
Mr. Salzverg: Right.
Commissioner Plummer: That's seven days a week.
Mr. Salzverg: Right.
Mr. Schwartz: Twelve hours a day.
Commissioner Plummer: At the tone of $1,500 a day.
Mr. Salzverg: I'm sorry?
Commissioner Plummer: Fifteen Hundred dollars a day?
Mr. Salzverg: I don't know how it breaks in days. I know it's $16 per hour.
-
Mr. Schwartz: Yes, for the officers.
Commissioner Plummer: No, sir. The total cost according to the papers which
I have, which were maybe another typo error, I don't know. Hold on.
The
program represents $138,000 for 90 days.
Mr. Schwartz: No, no. The $138,000 bid was from October 1 to March, the
end
of March.
s
Commissioner Plummer: That's not a 90 day program.
Mr. Schwartz: No, but the contract asks...
Commissioner Plummer: Well, wait a minute. Who's right and who's wrong?
Is
1'
it a 90 day program or is it not?
Mro Schwartz: No. The contract would be for the period between October 1
and
_
March 30. There would be a provision that after 90 days it could
be
cancelled, if they are not providing the services as provided, as the contract
y=
-6
says, and satisfactory to the merchants.
Commissioner Plummer: No wonder DDA is broke.
Mr. Salzverg: I'll also remind you Commissioner...
98 September 10,
1992
Mr. Salzverg: I'd like to respectfully remind you that this is not City
money. This is money that we tax ourselves above and beyond.
Commissioner Plummer: Sir, I have stated for the record prior, and you've
been here. This is your money and should be able to spend it the way that you
want for your protection. But when I hear and I'm asked to vote, which could
create a pre... liability for this City, OK? And I look at these kinds of
documents that don't know from Adam. When you're telling me one thing, he's
telling me another, and the documents are telling me another, I'm not voting.
Mr. Salzverg: Yeah, well we're also concerned...
Commissioner Plummer: Hey...
Mr. Salzverg: ...about liability ourselves...
Commissioner Plummer: Hey...
Mr. Salzverg: ...which is why we set such high insurance limits.
Commissioner Plummer: I'm not voting until I know what the hell is going on.
Mayor Suarez: All right. Presumably the process will be completed on the
24th without any great further effort on anybody's part with the exception of
the Manager and the Police Department's...
Commissioner Plummer: Can we... Let me ask you...
Mayor Suarez: ...comparisons, to see if it's really feasible for us to
compete and if not...
Commissioner Plummer: May I inquire, Mr. Mayor?
Mayor Suarez: Yes.
Commissioner Plummer: DMB (Downtown Miami Business Association) is not an arm
of the City, correct?
Mayor Suarez: DMBA?
Commissioner Plummer: They are not. Can the DDA give that money to the DMB
and let them do all of this selection which takes the City off of liability?
Mr. Jones: Uh-uh.
Commissioner Plummer: You cannot?
Mr. Odio: The streets belong to us. I mean, if something happens on the
street...
Commissioner Plummer: I understand, but I'm also worried...
September 10, 1992
Mr. Odio: No. No, it's...
Mr. Schwartz: The City of Miami handles the district, the financing of the
district. The DDA was just the conduit for the selection process. This is a
contract...
Mayor Suarez: Why couldn't DDA...
Mr. Schwartz: ...from the City of Miami with... If it's Wackenhut or any
firm that the City collection...
Commissioner Plummer: Why can't you give that money to DMB...
Mayor Suarez: Why couldn't the DMBA have been the conduit, is what he's
asking.
Commissioner Plummer: ...and let them make the selection.
Mayor Suarez: Why couldn't they have been...
Commissioner Plummer: And then they're on the book for the liability. We're
not.
Ms. Diaz: Well, if we can do it legally, I'm...
Commissioner Plummer: Well, if that... You know, if we can do it legally,
let's do it and then the City's not on the hook for liability.
Mayor Suarez: It's not clear that the relationship is all that different...
Ms. Diaz: Fine with...
Mayor Suarez: ...with the DDA and the DMBA, in that sense, J.L.
Ms. Diaz: No, but we're not City... Yeah, but, if we can do it legally...
Commissioner Plummer: Are you saying no?
Ms. Diaz: ...Joe will tell me.
Vice Mayor Alonso: I think the City Attorney has to address the question...
Commissioner Plummer: Well, open up.
Vice Mayor Alonso: ...of the liability. Are we responsible because of
anything that happens in our streets or are we directly involved in the
liability?
100 September 10, 1992
Commissioner Plummer: Why?
Assistant Chief Gibbs: ...address the issue, here...
Mr. Maxwell: How it... Well...
Commissioner Plummer: Why?
Mr. Maxwell: The City is in fact... The City issued the RFP.
Commissioner Plummer: You see?
Vice Mayor Alonso: Why?
Commissioner Plummer: Everybody is running the show but nobody is running the
show.
Mr. Maxwell: The City issued the RFP and delegated the authority for
selection to the Downtown Development Authority which is a governmental
entity. DMBA is not a governmental entity. I would not recommend or advise
that you even attempt to delegate that authorization to anyone other that DDA.
Commissioner Plummer: Excuse me, Mr. Maxwell. Mr. Maxwell.
Mr. Maxwell: Yes, sir.
Commissioner Plummer: Under normal circumstances, most businesses directly
involve themselves with a security company. OK? Now you're telling me that a
group of business people cannot, in fact, create their own division for
creating a super...
Mr. Maxwell: No, sir. That wasn't the issue and I wasn't asked that. If
they want to hire private security guards, that's totally within their
prerogative; but that's not the issue now at the table.
Mayor Suarez: The problem is, J.L., is that the funding mechanism is
determined by State law and it is assigned to a governmental entity, even
though they are the ones that end up paying for it.
Mr. Maxwell: That is correct.
Mayor Suarez: The Special Assessment District, I don't think can be
administered by anyone other than the government.
Mr. Maxwell: That's correct.
Commissioner Plummer: It's not administered by anybody. It's a contract, Mr.
Mayor and it's... Where the problem is, I see it now, the problem is nobody
gave any thought...
Mayor Suarez: Well, I'm not sure that there's much...
101 September 10, 1992
M
Commissioner Plummer: ...to the RFP.
Mayor Suarez: ...that can be done to avoid that.
Mr. Maxwell: No, no. I...
Mayor Suarez: If, by the way, you went to our police officers...
Ms. Diaz: Yes.
Mayor Suarez: ...then you have a real case, a clear case, of liability there.
In this case, depending on whether we can hold Matthew negligent, or
Wackenhut, we may be able to get some of the liability off our shoulders if a
situation involved, for example, a civil rights claim. Mr. Manager and Mr.
City Attorney, when you discuss the possibility of the Police Department
handling this, please take that into account as a non -State agency, Wackenhut
would not have any of those kinds of liabilities. And if they're willing to
do it for a particular amount, we may be able to avoid any argument that the
color of State law is involved, et cetera, and avoid civil rights claims.
Commissioner Plummer: Flow much was the bid of the other company?
Mr. Schwartz: Commissioner, you have that. It's ninety-nine thousand and
some dollars. But it was for less service.
Commissioner Plummer: Oh.
Mr. Schwartz: That was the difference. There's one for Dolphin Security and
there's one from Wackenhut.
Mayor Suarez: I think we're going to lose any kind of a vote to try to force
this issue today, for a variety of reasons that have been brought up. And in
view of that, let me close off debate. We're going to have... We have a
motion to defer. You would still be able to implement it on October 1. I
hate to have to bring everybody back again, but maybe we'll be meeting here
again, I guess.
Commissioner Plummer: We will be.
Mayor Suarez: All right.
Mr. Odio: The next meeting?
Mayor Suarez: Yes.
Mr. Odio: No, we should be back.
Vice Mayor Alonso: I hope.
Commissioner Plummer: We'll be in special meetings.
Mr. Odio: We'll be over...
102
September 10, 1992
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�I
Mayor Suarez: Are we meeting here?
Commissioner Plummer: Rest assured.
Mayor Suarez: Very simple question. Are we meeting here or are we meeting at
City Hall?
Mr. Odio: the next...
Mayor Suarez: ...on the 24th?
Mr. Odio: City Hall.
Mayor Suarez: Has it been advertised that way already?
Commissioner Plummer: It hadn't been advertised. It's 10 days before.
Mr. Odio: We will have... I don't know if we have advertised, but we will.
Mayor Suarez: There's been no advertising yet?
Mr. Odio: Not to my knowledge.
Mayor Suarez: ...on planning and zoning items that have to be advertised?
Commissioner Plummer: Ten days in advance.
Mr. Maxwell: No, sir. But they are schedule for the, I think October, I
mean, September 24, are they not?
Commissioner Plummer: Yes.
Mayor Suarez: Yes. That's what I'm talking about.
Mr. Maxwell: Yes. They should have been... not advertised yet, but the
s
notice would have been given to the newspapers yet.
Mayor Suarez: And it's going to be advertised for City Hall? All right. In
any ,vent, you can come to City Hall, and hear any more arguments on this, if
�#
there is need to do that. You know now some of the Commissioners have
i
specific questions and there is one possible intimation by the City Manager
that we might want to reassess the possibility of the City handling it. It
e
doesn't sound like a good idea to me, but...
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Chief, you can...
i..
Assistant Chief Gibbs: Mr. Mayor, if I may, for the record...
' Mayor Suarez: You can advise them privately. I don't know that we ought to
take up this Commission hearing with any more on this item that we're going to
defer anyhow, unless some Commissioner thinks that we ought to pass the item.
Commissioner De Yurre?
a
103 September 10, 1992
Commissioner De Yurre: No, it doesn't matter. I don't want to pass it today,
in fact, I want it deferred because, like I mentioned before, if we can get
close to working out a deal with the Police Department, I would rather have
our men out there. But let me point out something. We're talking about
liability and exposure. We are way, way under -manned in the downtown area.
Way, way under -manned for the number of people that are there on a daily
basis, which is hundreds of thousands of people, on a daily basis. The number
of officers that we have there, don't even come close to providing the proper
police protection that is required. And if the DDA is willing to, and the
people in the downtown area are willing to tax themselves, to come closer to
that police protection that is needed, I don't think that liability should be
an issue because we should have a hell of a lot more people there, exposed to
liability, because it's our job to provide police protection throughout the
City. And it's not being done in the downtown area. So, as far as liability,
I would rather have...
Commissioner Plummer: I've got the answer to that one.
Commissioner De Yurre: ...our men and women servicing...
Commissioner Plummer: A million dollars from DDA puts 50 more policemen
downtown. At least they'll do something good.
Commissioner De Yurre: ...the area, who are the experts, who have the
knowledge, and are trained to do the job. That is my feeling...
Commissioner Plummer: Mr. De Yurre.
Commissioner De Yurre: ...and liability doesn't come into play.
Commissioner Plummer: I will ask for your vote at the next meeting, as I did
two years ago, and three years ago. Instead of wasting the money on a thing
called DDA, take that million dollars which will provide you with 50 more
policemen in the downtown area and then we'll have some good things out of
DDA. They're spending a million and a half dollars and I don't know what
they're accomplishing. But you take a million dollars. That money gives you
50 policemen in the downtown area. And I'll ask for your vote at the next
meeting...
Mayor Suarez: No, no.
Commissioner Plummer: ...to do just that.
Mayor Suarez: It's not 50.
Commissioner De Yurre: Well, look...
Mayor Suarez: It would be more like 20 police officers. But, anyhow...
Commissioner De Yurre: Well let me tell you, just for the record, that in the
short time that I've been there, we've cut our budget by $250,000, as far as
expenses are concerned. And we're putting it into the things that are needed
in the downtown area and are being requested by the merchants, such as...
Commissioner Plummer: Tell me what you accomplished.
104 September 10, 1992
4 1
Commissioner De Yurre:
additional protection.
Mayor Suarez: OK.
Commissioner De Yurre: And, J.L., you can come down and check it out and I'll
show you what we've accomplished. More than welcome to.
Mayor Suarez: All right. The item is on motion to defer. It's been
seconded. Call the roll. Really, continued until the 24th.
Commissioner Plummer: Yes, sir.
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER,
AND SECONDED BY COMMISSIONER DE YURRE, ITEM 7 WAS
DEFERRED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
----------------------------------------------------------------------
19. DISCUSS AND MOMENTARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION
AUTHORIZING MANAGER TO TAKE ACTIONS TO EFFECT PARTIAL REFUNDING OF
OUTSTANDING PORTION OF CITY'S $22,000,000 GENERAL OBLIGATION BONDS;
$38,355,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 1986; $6,375,000
GENERAL OBLIGATION BONDS, SERIES 1986A; AND $22,605,000 GENERAL
OBLIGATION BONDS, SERIES 1987 -- REQUEST DIRECTOR OF FINANCE TO SUBMIT
MORE NAMES OF LOCAL BLACK AND LATIN FIRMS. (See label 44)
------------------------------------------------------------------------------
Mayor Suarez: Item 8. Refunding of the outstanding portion of the City's
$22,000,000 GO (General Obligation) Bonds. This is a refinancing to get
better interest? Or...
Vice. Mayor �lonso: Yes.
Mr. Cesar Odio (City Manager): Yeah. The interests have dropped so low that
we expect that you could save about $1,000,000 just on the interest alone.
Commissioner Dawkins: What item is this?
Mr. Odio: You would save $1,000,000, right...
y Mayor Suarez: Item 8, Commissioner Dawkins.
105 September 10, 1992
Mr. Odio: Oh, one point... Well...
Mr. Carlos Garcia: Well, at the time this legislation was prepared, it was
1.9. The market has moved away from us since then. Right now those savings
are not there. What we would like you to do, is approve the item subject to,
with a proviso of having a $1,000,000 savings by the time the City sells the
bonds. So we're not going to move ahead until we see at least $1,000,000 in
savings. The million -nine is not there. The million dollars is not there
today. But we can see that coming back maybe in a week or two.
Vice Mayor Alonso: If it's less than $1,000,000 then...
Mr. Garcia: We won't do it.
Vice Mayor Alonso: ...you will not move it to this direction.
Mr. Garcia: Yes. Yes, ma'am.
Vice Mayor Alonso: OK.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Ninety million dollars. How do you plan to sell the
bonds? Or what do you plan to do with the bonds?
Mr. Garcia: We're planning to go with a negotiated bond sale. We had a
selection committee that recommended four teams of underwriters to the City
Commission a few months ago.
Mr. Odio: The interest changed in two weeks.
A. Quinn Jones III, Esq. (City Attorney): Yes. One point.
Mr. Garcia: We're planning to use the first team which is composed of five
firms. We...
Commissioner Dawkins: Wait a minute. Wait, now. Let me follow you. You're
going to use the first team recommended, which is composed of five units.
Mr. Garcia: Five firms. Yes, sir.
Commissioner Dawkins: Five firms.
Mr. Garcia: Yes, sir.
Commissioner Dawkins: And how will that be split, between the five? How will
the."A° firm differentiate with the sub a, b, c and d?
Mr. Garcia: It will depend on their first capability of selling bonds. We
have some good, large firms there. I couldn't tell you today that one firm is
going to get 50 percent or 15, or 20, or 25 percent. We'll have to work those
106 September 10, 1992
i percentages out.
i
have it.
But we can come back to you with that information once we
Commissioner Dawkins: All right. What is the name of the big firm?
Mr. Garcia: The big firm is Goldman Sachs.
Commissioner Dawkins: Hold... Mr. Victors, you need to hear this. the big
firm is what?
Mr. Garcia: Goldman Sachs.
Commissioner Dawkins: And who are the minorities with Goldman Sachs?
Mr. Garcia: OK, M. R. Beale is a black firm.
Commissioner Dawkins: From where?
Mr. Garcia: From New York.
Commissioner Dawkins: There are no local, black firms that could be involved?
Mr. Garcia: Well, when we went through the selection process around months
ago, there was a small, local, black firm that applied to sell City bonds.
The selection committee disqualified the firm because it didn't have the
required capital. Since we have these five firms, which are large firms,
fairly large firms, we could add additional firms in the syndicate that would
be selling the bonds. So once we have these five firms in place we can have
additional firms.
Commissioner Dawkins: I move that this be deferred until...
Vice Mayor Alonso: Jackie...
Commissioner Dawkins: ...they can find me some people who live local and who
are black, and Hispanic, who can share in this money. I'm tired of all the
money... Here's a guy in New York, that does nothing in the City of Miami,
and you're talking about sharing with him. I move it be deferred.
Mr. Garcia: Commissioner, could I just make a statement?
Commissioner Dawkins: Yes, sir. Yes, sir.
Mr. Garcia: If you ask the City Manager to add additional firms to this
syndicate, to this group, we will be able to do that, whether...
Commissioner Dawkins: No. All right. I'll tell you what. I'll do better
than that then. Mr. Manager... Mr. Mayor.
Mayor Suarez: Yes, sir.
Commissioner Dawkins: I would like to table this until this afternoon and Mr.
Garcia comes back and give me some local black firms, some local Latin firms.
And don't tell me about how small they are because they will never get large
if you don't give them some work when they're small.
107
September 10, 1992
4• Sin Y
yl
Mr. Garcia: Weil, there is one Latin firm included in this transaction, AIBC.
There's only one black, local firm that I know of, which is Argyle
Investments, and we can go ahead and include that firm.
Commissioner Dawkins: Who is it?
i
Mr. Garcia: Argyle Investments.
Commissioner Dawkins: Bring it back to me in writing, spelled out and, just
' like it is here, and you've got me.
Mr. Garcia: OK.
Commissioner Dawkins: Thank you, Mr. Mayor. Defer... Uh, table this.
Mayor Suarez: OK. The item is tabled.
k
r Commissioner Dawkins: Tabled until this afternoon.
Mayor Suarez: It item is tabled until the afternoon. Let's hope we can
resolve it.
-----------------------------------------------------------------------------
20. AUTHORIZE ISSUANCE OF NOT TO EXCEED $30,000,000 OF CITY OF MIAMI TAX
ANTICIPATION NOTES, SERIES 1992, FOR PURPOSE OF MEETING CERTAIN OF THE
'
CITY'S CASH FLOW REQUIREMENTS FOR FISCAL
YEAR ENDING SEPTEMBER 30, 1993.
m�
------------------------------------------------------------------------------
'i
Mayor Suarez: Item 9. The Tax Anticipation
Notes. I'll entertain a motion
on Item 9.
Commissioner Plummer: Was the item voted on?
e;
Commissioner Dawkins: No.
e
e
Vice Mayor Alonso: Tabled.
t
Commissioner Plummer: What are we waiting for?
Vice Mayor Alonso: Now it's...
-_'
Mayor Suarez: Item 9. I just called item 9.
Vice Mayor Alonso: Nine.
Mr. Cesar Odio (City Manager): Mr. Mayor,
on this item. The cash flow
shortage at the beginning of the year...
Commissioner Plummer: I don't understand.
10$
September 10, 1992
y i
I
El
Vice Mayor Alonsoe We tabled this item until the afternoon, so a black
company could be included.
Commissioner Plummer: Oh, OK. All right.
Mr. Odio: ...normally, would have been $15,000,000 because of the time the
taxes come into the City. However, because of the enormous amount of expenses
we are incurring right now, which we're not, believe me, in anybody's plan.
And, also a plan that Carlos Garcia and some people came up with in looking at
the pension payments. We have to make pension payments during the year and
the State has come up with a new ruling. The State always comes up with
ruling and we pay, you know. That now if we... Thus, the late payments that
we've been making for years, Commissioner Plummer, for instance... You know,
you make payments July 1. Now we have to pay interest on that.
Commissioner Plummer: Sir, you haven't made payments...
Mr. Odio: Which before we didn't.
Commissioner Plummer: ...on time in over three years.
Mr. Odio: But we have always made payments.
Commissioner Plummer: Not on time.
Mr. Odio: We made payments but...
Commissioner Plummer: You've made payments but you paid interest because you
didn't have the money.
Mr. Odio: No, no. This... If we made the payments on time, I'm trying to
explain to you, we'd still have to pay interest.
Mayor Suarez: Within the budget year, you mean.
Mr. Odio: Because... Within the budget because...
Commissioner Plummer: We haven't paid on time in three years.
Mr. Odio: But you're not...
Commissioner Plummer: We're right now after July 1st.
Mayor Suarez: You...
Mr. Odio: Can I explain again?
Commissioner Plummer: I'm sorry, sir.
Mr. Odio: If you pay...
Mayor Suarez: One is saying "on time" meaning within the budget year...
Mr. Odio: No, what I'm saying now...
109
September 10, 1992
Mayor Suarez: ...the other one's saying "on time" meaning at the beginning of
the budget year.
Mr. Odio: Commissioner, if your schedule...
Commissioner Plummer: Our payment was due July 1.
Mr. Odio: Excuse me a minute. If your scheduled payment was July 1 and on
September 30, even if we make the payments on time now, the State says, "No,
you must pay interest on that." And it's adding another $800,000 of burden to
us. That's what I'm saying. They're ruling and we pay. What we're saying
is...
Commissioner Plummer: But what interest are we paying?
i Mr. Odio: Eh?
Commissioner Plummer: What interest are we paying?
Mr. Odio: Seven point seven five, or something like that?
Mr. Garcia: Right.
Commissioner Plummer. But doesn't that o ha come back and address the unfunded
liability?
Mr. Odio: No, it does not.
Commissioner Plummer: Yes it does.
Mr. Odio: No, it does not, Commissioner.
Commissioner Plummer: Sir...
Mr. Odio: It is outside of the unfunded.
Commissioner Plummer: Sir, our understanding in the budget is that we write a
blank check.
Mr. Odio: What?
Commissioner Plummer: OK? We write a blank check to the Pension Fund. You
know that and I know that. OK?
Commissioner Dawkins: I don't.
Commissioner Plummer: Now...
Mr.-Odio; We don't...
Commissioner Plummer: They have made such tremendous great strides, and I
salute them, that they've been making 17 and 18 percent return on their money.
I wish they were handling mine.
110 September 10, 1992
1:
'
1
Mr. Odio And 24.
Commissioner Plu►lmmer: OK.
Mayor Suarez: And zero, every once in a while.
Commissioner Plummer: Well, hey. That's going to happen.
Mayor Suarez: Two years ago.
Commissioner Plummer: Hey.
Mayor Suarez: Zero.
Commissioner Plummer: Listen, it ain't zero, zero, zero, at least.
Mayor Suarez: All right.
Commissioner Plummer: OK? All I'm saying...
Mayor Suarez: Just don't know anybody else that particular year that made
zero...
Mr. Odio: The...
Mayor Suarez: ...on their investments.
i
Mr. Odio: The way the
Gates payment...
Mayor Suarez: Nobody
seemed to be upset about it.
?
Commissioner Plummer:
No.
—'
Mr. Odio: ...schedule
was set up, that doesn't make
it...
Commissioner Plummer:
Gates is devastating. That's
a different ballgeme.
j
Mr. Odio: Then, the
unfunded could be totally paid
and we'd still be making
the same payments.
Commissioner Plummer:
Yes, paying $665,000,000 if we
bought the bond that you
wanted' us to buy.
Mr. Odio: If you had
settled...
a
Commissioner Plummer:
...for $221,000.
Mr. Odio: If you had settled the pension matters in
1978, as proposed, you
would`'have paid...
Commissioner Dawkins:
Well, I wasn't here then.
f
Mr. Odio: I know, Commissioner. You were not.
111
September 10, 1992
�.s
s
V
r�
r
Commissioner Dawkins: OK. thank you.
Mr. Odio: You would have paid $40,000,000 and you ended up paying
$600,000,000.
Mayor Suarez: OK, back to the Tax Anticipation Notes that is before us. You
need to borrow $30,000,000 and part of the reason is that typically we borrow
is?
Mr. Garcia: That is right.
Commissioner Plummer: Miller will write you a check.
Mayor Suarez: In this case, we have emergency items, some of which,
presumably, would be paid back by FEMA (Federal Emergency Management Agency),
if all goes well, Mr. Manager?
Commissioner Plummer: Miller? Write him a check.
Mr. Odio: Yes, definitely. We will get the money back.
Mayor Suarez: And some of the others of which have to do with the State's
requirement that we make payments into our pension plans...
Mr. Odio: What...
Mayor Suarez: ...with interest, if we don't pay them, what? October 1st?
Mr. Odio: If we pay them up front...
Mayor Suarez: The interest accrues from October 1st?
Mr. Garcia: That is right and from October 1st on through the date of the
payment. Yes.
Commissioner Plummer: Do you understand, Mr. Mayor? We're talking about two
different categories of interest. One interest we're paying because of the
accumulation along the months. The second is, is because the City...
-A. Quinn Jones III, Esq. (City Attorney): On the record, Commissioner.
Commissioner Plummer: ...did not make its regular payment on July 1...
Mr. Odio: No.
Commissioner Plummer: ... which it was due. So there's two separate entities
here.
'Mr. Garcia: Commissioner.
Mr.-Odio What _we're saying is, if we pay up front, there will be zero
interest.
112 September 10, 1992
S
�Eg-
{
Commissioner Plummer: That's right. But there's two separate.
Mr. Odio: And that's what we're trying to do.
Commissioner Plummer: What you're asking me now is because you didn't have
the money to pay July ist.
Mr. Garcia: No, sir. Sir. There are...
Mr. Odio: No. No, sir. It's because of a new State ruling that says...
Commissioner Plummer: Carlos. Carlos, did you make your payment July 1 to
the pension plan?
Mr. Garcia: No, sir. We have not.
Commissioner Plummer: You did not?
Mr. Garcia: No, right.
Commissioner Plummer: OK.
Mr. Garcia: And there's going to be additional interest on that.
Commissioner Plummer: Sure there is.
Mr. Garcia: Yeah. But besides that, there are four quarterly payments.
Commissioner Plummer: Yeah, right.
Mr. Garcia: October 1st, January 1st, July 1st...
Commissioner Plummer: Yep.
Mr. Garcia: ...and what is it? April 1st.
Commissioner
Plummer:
Thank you
for the calendar. I usually know it.
Mr. Garcia:
OK. But
now between
October 1st, any payments that we made after
October 1st,
there's additional
interest now required by the State of Florida
which was not required
before.
Commissioner
Plummer:
Sir, did
I not say there are two separate issues we're
talking about?
Mr. Garcia:
Yes, sir.
Mr. Odio: But what we're
doing
is...
'Mr. Garcia:
And that's
the one
the Manager is talking about.
Commissioner
Plummer:
Now, you've
talked for five minutes and you're agreeing
with me.
113 September 10, 1992
Mr. Odio: But what we're doing here is precisely avoiding zero interest next
year.
Commissioner Plummer: Right.
Mayor Suarez: Well, not zero, because we're going to have to pay on the Tax
Anticipation Notes, some interest.
Mr. Odio: We make profit on that, Mr...
Mayor Suarez: What is the percentage that we're going to pay?
Mr. Garcia: Approximately three percent on the Tax Anticipation Notes.
Mayor Suarez: Thirty percent?
Mr. Garcia: Three percent.
Mayor Suarez: Oh.
Mr. Garcia: Three percent.
Mayor Suarez: All right.
Mr. Garcia: One, two, three.
Mayor Suarez: Commissioner Dawkins.
Commissioner Plummer: FEMA will give it to you for one.
Commissioner Dawkins: What's the first year we sold Tax Anticipated Notes,
the first year?
Mr. Odio: It's been...
Mr. Garcia: I think it's been about four years, sir.
Mr. Odio: Four years ago.
Commissioner Dawkins: What was the amount we sold?
Mr. Garcia: Fifteen.
Commissioner Dawkins: The second year, what was the amount we sold?
Mr. Garcia: Fifteen.
Commissioner Dawkins: Third year?
Mr. Garcia: Twenty.
Commissioner Dawkins: This year?
Or. Garcia: We're planning... We're asking for 30 because of the reasons...
114 September 10, 1992
9
Commissioner Dawkins: Oh, OK...
Commissioner Plummer: Wait until next year. It'll be 5O.
Mr. Garcia: ...the Manager explained.
Commissioner Dawkins: Just answer my question.
Mr. Garcia: Yes, sir. $30,000,000.
Commissioner Dawkins: So, it went from 15 to 30. OK?
Mr. Garcia: Um-hmm.
Commissioner Dawkins: Each time you increase the request to sell more Tax
Anticipated Notes, but nobody gears down and say, "Hey, whatever we have to
do, so that we do not have to sell but $15,000,000 of Tax Anticipated Notes,
let's do that." Nobody does that. They come here to the Commission and tell
the Commission, you know. Now, next year it will be 40,000,000. What
difference does it make? But nobody sits down and plans ahead...
Mr. Jones: That's why we should take advantage of interest rates and...
throw this...
Commissioner Dawkins: ...of what the hell we've got to do. You just keep
coming back saying you're going to sell this amount, this amount. You know,
somewhere along the lines there's got to be some prior planning. And somebody
has to say to somebody...
Commissioner Plummer: Everybody is running the show but nobody is running the
show.
Commissioner Dawkins: But somebody, J.L., has to say that, see, I'm the only
one up here who has consistently voted against Tax Anticipated Notes.
Commissioner Plummer: Well, you've got another one now.
Commissioner Dawkins: OK? I keep telling...
Commissioner Plummer: Let me see if there's a third one.
Commissioner Dawkins: ...you over and over this is not the way to run an
airline. OK? And each time you come tell me that you've got to have...
Commissioner Plummer: No, no. You're wrong. It is the way to run an
airline, like Eastern.
Commissioner Dawkins: See, but each time you tell me, "I've got to have this
because if I don't have it, I don't make the payroll. If I don't make the
payroll, we don't have this." But, supposedly, now just supposedly, that
because of the hurricane, the tax revenue is down. I mean, ad valorem tax is
down. Let's say, for the sake of discussion, sales tax is down. Let's say
that the tax, the revenue we get from the State of Florida in gasoline tax, is
115 September 10, 1992
down. And we do not get the anticipated revenue that we are expecting to get
to pay off $30,000,000. What do we do then?
Mr. Garcia: Well, I don't disagree with the statements that you have made.
Now, it's really not up to me to answer that. Maybe the Manager or Mr. Surana
can answer that but, you know, as far as getting the revenues, we should be
able to get in property taxes $30,000,000. You know, we'll be assessing about
$100,000,000 in property taxes. So, $30,000,000 we should be able to collect
without any problems at all.
Commissioner Dawkins: Yeah. OK. Well, let's go a step further now. I'm
saying that we may not get a $120,000,000. I'm not saying we won't get
$30,000,0OO.
Mr. Garcia; Um-hmm.
Commissioner Dawkins: I'm saying that we may not get $120,000,000.
Mr. Garcia: Right.
Commissioner Dawkins: So, take whatever percentage we do not get...
Mr. Garcia: Um-hmm.
Commissioner Dawkins: ... of the 120 away from the 30,000,000 and you can get
my correlation.
Mr. Garcia: Sure.
Commissioner Dawkins: All I'm trying to say is that...
Mr. Garcia: Yeah.
Commissioner Dawkins: I constantly sit here and say something has to be done
rather than sell Tax Anticipated Notes and nobody hears me.
Mr. Garcia: I don't disagree with you, Commissioner. The other reason the
numbers have gone up is that last year we needed an additional $5,000,000 for
the Early Retirement Plan and this year we're proposing that we sell 30 so
that we can prepay that pension contribution and save in excess of $300,000.
Commissioner Dawkins: OK. Not to you now...
Mr. Garcia: Yes, sir.
Commissioner Dawkins: ...but to my fellow Commissioners. OK? The Early
Retirement Plan was put into effect in order to save money. We were supposed
to save money.
Vice Mayor Alonso: Right.
Commissioner Dawkins: That's why we put the Early Retirement Plan in. So
therefore, the Early Retirement Plan should not cost me any money because you
told me it would save... Not you, now.
116 September 10, 1992
X
Mr. Garcia: llm-hmm.
Commissioner Dawkins: But I was told it would save me money.
Mr. Garcia: Well, sir...
Commissioner Dawkins: So I was lied to. It's not saving me money.
Mr. Garcia: No, sir.
Commissioner Dawkins: It's costing me money.
Mr. Garcia: What happens is you save over the whole year money, but at the
beginning of the year you have to pay those accumulated vacation and earned
time balances.
Commissioner Dawkins: If you...
Mr. Garcia: Yeah.
Commissioner Dawkins: If you have a checking account - OK? - in America -
OK? - and you do not put anything in as a deposit and you keep writing checks
as withdrawals it will end up with zero.
Mr. Garcia: Yes, sir.
Mayor Suarez: No, one exception.
Mr. Garcia: Congress.
Mayor Suarez: If you're a congressman.
Commissioner Dawkins: Thank you.
Mayor Suarez: All right.
Mr. Garcia: I think this is in...
Mayor Suarez: On the Tax Anticipation Notes, do we have a motion on that
resolution?
Commissioner Dawkins: There was a motion. There is a motion?
Mayor Suarez: Do we...
Commissioner Dawkins: Oh, he votes? OK? Who seconds?
Mayor Suarez: I'll second.
Vice Mayor Alonso: OK. Any further comments?
Mr. Jones: what's the motion?
117
September 10, 1992
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pf
a
Vice Mayor Alonso: On the same item 9.
Commissioner Plummer: Oh, on nine?
Vice Mayor Alonso: Yeah.
Commissioner Plummer: No, I have no further comments.
Vice Mayor Alonso: OK. Let's call the roll.
Ms, Hirai: The motion is to approve. Yes.
THEREUPON MOTION DULY MADE BY COMMISSIONER DE YURRE,
AND SECONDED BY MAYOR SUAREZ, ITEM 9 FAILED BY THE
FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
ABSENT: None.
Mayor Suarez: Do you have any amount...
Mr. Odio: J.L., we won't have any money.
Commissioner Plummer: You'll get it.
Mayor Suarez: that would be, in view of the fact that this is a three to two
vote, negatively, that would be...
Mr. Odio: What you can do is reduce the pension payments and give us the cash
flow to operate at the beginning of the year which would be 20.
Mr. Garcia: Fifteen.
Mayor Suarez: Let me just finish my question, please.
Mr. Garcia:— Fifteen.
Mr. Odio: Fifteen.
Mayor Suarez: We started off questioning as to why it was 30 when at one
point it was 15, then 20, then 30. Commissioner Dawkins, and others, have
inquired why this has to happen at all and what is the alternative. The
alternative is very simple. That we should save the kind of money that is
needed to operate in October rather than borrow against taxes that come in, in
November, December, January and February, etc. Since we haven't done that and
we don't have that amount of money in savings, that is not an alternative this
year. Maybe it will be in future years. Maybe the tax base will go up or our
expenditures will go down, or will figure out a way to function more
efficiently. In the meantime, what is the... Mr. Manager?
118 September 10, 1992
Mr. Odio: Yes, sir.
Mayor Suarez: I think this is important to you, sir.
Mr. Odio: I'm listening. I'm listening to every word.
Mayor Suarez: I doubt that. What is the minimum amount that you might try to
convince one of the negative votes here, is just simply reckless for us not to
approve right now?
Mr. Garcia: We need $15,000,000 to meet payroll and regular expenses of the
City. Otherwise we're not going to have the cash to pay the City staff in
October and November. Because we don't start to get strong property tax
collections until late November. So we need to cover those payrolls in
October and early November, and for that we need at least $15,000,000.
Vice Mayor Alonso: And we understand that. The reason is, when we see the
amount increasing...
Mr. Garcia: Um-hmm.
Vice Mayor Alonso: ...every year, and this year we have twice the amount...
Mr. Garcia: Right.
Mr. Odio: The thing is...
Vice Mayor Alonso: We get to be very concerned.
Mr. Garcia: Well...
Mr. Odio: The problem is that we never had a ruling from the State before...
Mayor Suarez: Mr. Manager.
Mr. Odio: ...that we had to make payments on pension, interest payments.
Mayor Suarez: We're trying to make 0'.e best out of a difficult legislative
situation and where the vote, so far, has been three to two against.
Mr. Odio: Mr...
Vice Mayor Alonso: Put it on the record.
Mayor Suarez: Are you inclined, Madam Vice Mayor...
Vice Mayor Alonso: He has...
Mayor Suarez: ...to vote favorably to 15,000,000?
Mr. Manohar Surana (Assistant City Manager): Mayor, if I may.
Mayor Suarez: Yes, Mano.
119 September 10, 1992
Mr. Surana: If you do not approve $30,000,000 then we have to put $800,000
more in our budget to make the pension payment. Our budget is based on
Selling the State's notes. If we don't have mone to make the
payment for pension thin we'll —have to increase our budget by �800,000 and I
would really urge to approve this, please.
Commissioner Dawkins: You mean to tell me that your budget is balanced on the
expectations that I would approve Tax Anticipated Notes?
Mr. Surana: Yes, sir.
Commissioner Dawkins: Knowing that I never vote for it? Yes, sir.
Mr. Odio: That's correct, Commissioner.
Vice Mayor Alonso: Can we hear from the Manager to see if...
Mr. Surana: Please. Please reconsider.
Commissioner Dawkins: OK. So how much...
compromise. What's the compromise?
Mr. Surana: I don't know.
Mr. Garcia: The minimum is 15,000,000.
Mr. Surana: No. How much is pension?
Commissioner Dawkins: OK.
Mayor Suarez: But 15 doesn't cover...
Mr. Garcia: Plus 15 for pension.
The Mayor is trying to find a
Mr. Odio: Wait a minute. It will not cover the pension payment.
Mr. Surana: Thirty. We need 30. We do need it.
Mayor Suarez: OK.
Vice Mayor Alonso: You need all of it?
Mr. Surana: Yes ma'am.
Mayor Suarez: How much is the pension payment this year?
Mr. Garcia: Twenty million six.
Mr Odio:1 Ughi Every time I hear that figure.
Mayor Suarez: How much has to be paid in the first quarter?
Mr. Garcia: Five million.
120
September 10, 1992
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Mr. Garcia: Well, then...
Mayor Suarez: Fifteen plus five.
Mr. Odio: Because, see the fact...
Mayor Suarez: Better than not having any...
Mr. Odio: No.
Mayor Suarez: ...Tax Anticipation Notes.
Mr. Odio: No. Javier, in the 5,000,000 you don't pay interest because it's
the first payment. You're paying interest on the balance of the payments,
which are three. That's the problem. That is the first year this has
happened to us.
Mayor Suarez: You need 15 for payroll? I'm saying...
Mr. Garcia: Payroll and that $5,000,000 pension contribution is included
there, the first payment.
Mayor Suarez: In the first 15?
Mr. Garcia: Yes, sir. The first five.
Mayor Suarez: Now, I'm proposing that we go another five to 20 which would be
the same amount as we approved last year. Does that help you in reducing the
cost of the pension?
Mr. Garcia: Some.
Mayor Suarez: All right. Does anybody want to try 20? Madam Vice Mayor, you
seem to be the only one that is hanging in here of the negative votes.
Let's...
Vice Mayor Alonso: Well, I will change my vote and will give you... Last
year we went through this exercise and I told you to work towards resolving
this problem. Here we are, not only with 20, but 30.
Mr. Surana: We'll reduce next year.
Vice Mayor Alonso: What's going to happen next year?
Mr. Surana: We'll try to reduce for next year.
Vice Mayor.Alonso: 1 want to be working with you...
Mr. Surana: OK.
Vice Mayor Alonso: ...every month of the year...
121
September 10, 1992
Mr. Surana: I will.
Vibe Mayor Alonso: ...to see if it's true.
Mr. Surana: I'll be working with you.
Mr. Odio: We're forgetting. We lost... We had a turnaround from last year
to this year of $7,000,000 less in revenues which we have overcome but...
Vice Mayor Alonso: But also, we were told we were going to have savings as a
result of the Early Retirement.
Mr. Odic: Commissioner, let me tell you something, and I'm very proud of the
Early Retirement, is that I think the Early Retirement has reduced the budget
for about $14,000,000 a year. The people we lost, the first year you had to
pay them off to leave, but right now, and the unions will agree, it's about
$14,000,000 we're saving a year.
Vice Mayor Alonso: Are you telling me that if we had not done the Early
Retirement, the City of Miami was history?
Mr. Odio: No, because we would have to do something else, but...
Vice Mayor Alonso: Like what?
Mr. Odio: We would have been in serious, in more serious trouble than we were
before we prepared this budget, yes.
Vice Mayor Alonso: Give me some examples of the things we would have done...
Mr. Odio: Well, we would have $14,000,000 to deal with.
Vice Mayor Alonso: ...to continue as a City without the Early Retirement.
Mr. Odic: Layoffs. Simple as that.
Vice Mayor Alonso: How much of it?
Mr. Odio: At least 400 people you would have to reduce. At least.
Vice Mayor Alonso: Four hundred?
Mr.:Odio: At least 400 people you would have to reduce.
Vice Mayor Alonso: And are you telling me we arrived to that point and we did
not make any adjustments before, up to the point that we were ready to let go
about 400 people?
Mr. Odio: Well, we've been doing adjustments every year. We have... the
budget, if you look at the 185 numbers, to compare it to 193, are less. I
think if we had not done the things we have done during the years, the
problems would now be unsurmountable. And that's a fact.
122 September 10, 1992
Vice Mayor Alonso: OK. I'm going to change my vote on the basis that I don't
want to be part of people who are not reasonable, and when we are discussing
1
the possibility that we need the money to pay salaries, and so on. So, I'm
going to change my vote to yes.
Commissioner Plummer: For the 30,000,000...
Mr. Surana: 'thirty.
Commissioner Plummer: ...Or are you going to do what they need of the 15?
Mr. Surana: Thirty.
Vice Mayor Alonso: Well, they're telling me that we're going to be saving 1f
we go to the 30 and he's giving me all this rosy story. I'm going to take his
.�
word and I'm going to go along with it. Even though I'm not pleased with my
vote, I'm going to give them, one more time, a vote of confidence. So, I'll
vote yes.
Mayor Suarez: OK. Do we need to take a re -vote on that?
I
Commissioner Dawkins: I think we don't have to. I think...
A. Quinn Jones III, Esq. (City Attorney): Yes. _
Vice Mayor Alonso: We have to call it again.
Commissioner Dawkins: I propose to reconsider...
Vice Mayor Alonso: OK.
Commissioner Dawkins: ...and then vote.
Vice Mayor Alonso: All right.
Mayor Suarez: The vote...
Vice Mayor Alonso: ...to reconsider...
Mayor Suarez: ...failed. I don't know that we need to reconsider.
'
Mr. Jones: You don't need to reconsider, you can just...
Mayor Suarez: OK. I'll entertain a motion...
Mr. Jones: Yeah.
Vice Mayor Alonso: Yes.
Mayor Suarez: ...on the initial resolution that was presented to us.
Vice Mayor Alonso: So moved.
t
Mayor Suarez: So moved. Please.
123 September 10, 1992
Commissioner Plummer: Well, I'll second the motion...
Mayor Suarez: Thank you.
Vice Mayor Alonso: OK.
-
Commissioner Plummer: ...just so she can change her vote.
Of course.
Mayor Suarez: Call the roll.
[AT THIS POINT, THE CITY CLERK BEGAN TO CALL THE ROLL.]
Commissioner Plummer: Wait a minute. The motion is to reconsider.
+,
Commissioner Dawkins: No.
Mayor Suarez: No, no.
Ms. Hirai: No, we don't need to reconsider.
-!
Vice Mayor Alonso: Yes.
Ms. Hirai: It failed.
Mayor Suarez: It failed. We're just going ahead
and voting on the
resolution.
Commissioner Plummer: You're re -voting on the same issue?
Ms. Hirai: We don't need to reconsider. It failed. We're just stating the -
motion.
Commissioner Plummer: Then I vote no. I'm sorry.
Ll
Ms. Hirai: All right. Can we start, Mr. Mayor...
Mayor Suarez: Yes, please.
i'
F
Ms. Hirai: Madam Vice Mayor, you still... You move this
new motion. Is that
to approve?
Vice Mayor Alonso: Yes.
Ms. Hirai: As presented?
Vice Mayor Alonso: Yes.
Ms. Hirai: I need a second, Mr. Mayor.
Mayor Suarez: It was seconded by Commissioner De Yurre.
Ms. Hirai: Commissioner De Yurre, you second...
i'
i i.
124
September 10, 1992 �
t
Mayor Suarez: Ohs it was seconded by Commissioner Plummer. I'm sorry.
Ms. Hirai: Plummer.
Commissioner Plummer: No, sir.
Ms. Hirai: No. Commissioner...
Mayor Suarez: All right. I need a second then.
Ms. Hirai: Commissioner...
Commissioner Dawkins: Commissioner De Yurre seconds.
Ms. Hirai: Commissioner De Yurre seconds.
Mayor Suarez: Thanks.
Ms. Hirai: All right. This is to approve as presented.
125 September 10, 1992
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoptions
RESOLUTION NO. 92-548
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA, WITH ATTACHMENTS, AUTHORIZING THE
ISSUANCE OF AN AMOUNT NOT TO EXCEED $30,000,000 IN
AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF MIAMI,
FLORIDA, TAX ANTICIPATION NOTES, SERIES 1992 FOR THE
PURPOSE OF MEETING CERTAIN OF THE CITY'S CASH FLOW
REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 305
1993; FIXING CERTAIN DETAILS OF SAID NOTES INCLUDING
APPROVING THE FIRM THEREOF; PROVIDING FOR THE RIGHTS
AND SECURITY OF ALL NOTE HOLDERS PURSUANT TO THIS
RESOLUTION; APPOINTING A PAYING AGENT FOR THE NOTES;
AUTHORIZING THE CITY MANAGER OR ASSISTANT CITY MANAGER
TO TAKE ANY ACTION NECESSARY TO QUALIFY THE NOTES FOR
DEPOSIT WITH THE DEPOSITORY TRUST COMPANY; DIRECTING
AND AUTHORIZING SALE OF THE NOTES BY PUBLIC BID AND
DIRECTING PUBLICATION OF A SUMMARY NOTICE OF SALE OF
SAID NOTES AND ESTABLISHING THE DATE AND TIME FOR SUCH
SALE AND THE PROCEDURE FOR AWARDING SAID NOTES;
APPROVING THE FORM AND DISTRIBUTION TO PROSPECTIVE
PURCHASERS OF A PRELIMINARY OFFICIAL STATEMENT;
APPROVING THE FORM AND DISTRIBUTION OF AN OFFICIAL
STATEMENT; AUTHORIZING THE CITY MANAGER OR ASSISTANT
CITY MANAGER ON BEHALF OF THE CITY TO DETERMINE THE
FINAL DETAILS OF THE NOTES WITHIN THE PARAMETERS
ESTABLISHED BY THIS RESOLUTION; AUTHORIZING REQUISITE
ACTIONS AND THE EXECUTION OF DOCUMENTS BY THE MAYOR OR
VICE MAYOR, CITY MANAGER OR ASSISTANT CITY MANAGER,
AND THE CITY ATTORNEY, AS TO THE FORM, CONSISTENT WITH
SUCH FINAL DETAILS; AUTHORIZING OTHER OFFICERS OF THE
CITY TO TAKE ALL OTHER ACTIONS NECESSARY IN CONNECTION
WITH THE ISSUANCE OF THE NOTES; DELEGATING TO THE CITY
MANAGER OR ASSISTANT CITY MANAGER THE AUTHORITY TO
EXERCISE THE OPTION OF EFFECTUATING THE SALE OF THE
NOTES BY NEGOTIATED SALE; MAKING CERTAIN OTHER
COVENANTS AND AGREEMENTS IN CONNECTION WITH THE
ISSUANCE OF SAID NOTES; AND PROVIDING SEVERABILITY AND
AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
126 September 10, 1992
'KiI s
t
t �
AYES., Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
ASSENT: None.
---------------- ----------------------------------------------
21. EXTEND FUNDING FOR 30 DAYS FOR: (a) ECONOMIC DEVELOPMENT COMMUNITY BASED
ORGANIZATIONS; AND (b) COMMUNITY DEVELOPMENT CORPORATIONS .
------------------------------------------- - ----------------------------------
Mayor Suarez: Item 10.
Ms. Hirai: Vice Mayor Alonso.
Mayor Suarez: Oh, I'm sorry.
Vice Mayor Alonso: Yes.
Mayor Suarez: No, she voted already.
Ms. Hirai: Yeah, yeah. Right.
Mayor Suarez: Discussion of funding for economic development community based
organization. What do we need to do on this?
Commissioner Plummer: Well, I think, Mr. Mayor, this is going to be a long
drawn -out affair here.
Vice Mayor Alonso: Yes.
Mr. Cesar Odio (City Manager): No, no. What we would recommend, Mr. Mayor,
to fund them another 30 days. Is that what you told me, Frank?
Mr. Frank Castaneda: That's correct.
Mr. Odio: Oh, because we had some people coming down from Washington and
Jacksonville to look at this whole matter...
Commissioner Dawkins: That's your recommendation?
Commissioner Plummer: Excuse me.
Mr..Odio:= Thirty days.
Commissioner Dawkins: So moved.
Mr. Odio: Thirty days.
127
September 10, 1992
t
0
Commissioner Plummer: No, no. Excuse me.
Mayor Suarez: Because of the hurricane we're taking a 30 day breather on the
whole...
Commissioner Plummer: I understand but where are we going to address this
issue here, because what I'm reading here doesn't speak highly of the City.
Now, you know, how much are we going to sweep under the rug? And if this is
cockamamie and this hogwash, let's call it what it is, and let's get rid of
it.
Mr. Odio: I'm not willing to...
Commissioner Plummer: What I'm reading here, the real bugaboo problem is
Community Development Department. So where are we going to address...
Mr. Odio: Well...
Commissioner Plummer: ...this issue?
Mr. Odio: For one thing, I would like to give me an opportunity. We are
working with the Community Development Department right now, to do some
changes there, on the one hand. On the other hand, is that we have not had
time to deal in depth on this, and it deserves that. And there are some
people coming from Jacksonville and once... And we will not sweep anything
under the rug.
Commissioner Plummer: Well, Mr. Mayor... Mr. Manager, I guess my real area
of concern is the memo that you sent us, telling me that you're dismantling
Community Development and pushing it out. And that the administrative side is
going to stay the administrative side, but the rest of it is going to be
pushed out to the NET (Neighborhood Enforcement Team) program.
Mr. Odio: We want to decentralize...
Commissioner Plummer: Now, I want to know...
Mr. Odio: I didn't say dismantling, I used the word... I think that
Community Development belongs out in the community.
Commissioner Plummer: I agree.
Mr. Odio: I have never been in agreement the way we operated that and Frank
knows that. We have an opportunity to decentralize, send the services out to
the community. The jobs program alone, since we put job developers where they
belong out there, their work has increased tenfold. People who were never
looking for jobs now are coming in and looking, because they are accessible to
them. I want to do the same with the others. They should be out there, not
here in the Dupont Plaza somewhere. They should be out there.
Vice Mayor Alonso: Can you explain to me Frank Castaneda's job now?
Mr. Odio: He remains Director of Community Development. He has a big role,
because if there are experts in the funding from Washington, they have to have
128 September 10, 1992
W
sk
a core unit around hire to manage those finances, which they do very well. But
the service providers belong out in the community, not in the Dupont Plaza.
That's all we're saying.
Vice Mayor Alonso: Yeah. I'm confused, Mr. Manager. So, he is the
Director...
Mr. Odio: Right.
Vice Mayor Alonso: ...of Community Development.
Mr. Odio: Correct.
Vice Mayor Alonso: That is no longer a department as we knew...
Mr. Odio: No, I didn't say that.
Vice Mayor Alonso: ...but differently.
Mr. Odio: No.
Vice Mayor Alonso: It functions under NET or how?
Mr. Odio: No.
Vice Mayor Alonso: You give us some indication, at least, I'm thoroughly
confused...
Mr. Odio: The only difference is that...
Vice Mayor Alonso: ...and in your memo you did not explain...
Mr. Odio: Yeah. I know.
Vice Mayor Alonso: ...how it was going to function.
Mr. Odio: Because of the emergency nature, we discovered quickly that we
needed all these people from Community Development out there, providing
services right away. And I told Frank, report to Carlos Smith, who is the
Assistant City Manager in charge of NET...
Mayor Suarez: But the deployment of the field workers...
Mr. Odio: OK. Right.
i Mayor Suarez: ...what you call the service providers...
Mr. Odio: Whatever you want to call them.
Mayor -Suarez: ...somewhat of a misnomer...
Commissioner Plummer: But that's duplication.
Mayor Suarez: ...is one thing. What the Commissioner is asking...
129 September 10, 1992
i
Mr. Odio: The rest has not changed.
Mayor Suarez: What the Vice Mayor is asking, how does, in any way, that
affect the title of the person who head all those employees, who presumably...
Mr. Odio: It has not changed.
Mayor Suarez: ...is not in the field, because, where are you going to put
him? I mean...
Mr. Odio: He will stay where he is. We have not... All we have done now is
the Department of Development... Community Development reports to Carlos
Smith. We have not done any more changes.
Commissioner Plummer: But Mr. Manager, excuse me...
Mr. Odio: They're sitting down and will bring a plan back to you and we're
going to...
Commissioner Plummer: It's duplication. If you're going to have...
Mr. Odio: No.
Commissioner Plummer: ...the NET programs in charge of Community
Development...
Mr. Odio: They cannot administer the funds. They are not... They should not
administer CDBG (Community Development Block Grant) funds. We have to have
experts 1n that field.
Commissioner Plummer: But why...
Mr. Odio: And that's...
Commissioner Plummer: Excuse me, sir. Here, I'm looking at layer, on layer,
on layer...
Mr. Odio: They're not. They're not layers, believe me. They're not layers.
Commissioner Plummer: Sir, may I read from your memo? The Department of
Community Development.now reports to the Assistant City Manager.
Mr. Odio: Right.
Commissioner Plummer: That's one layer.
Mr. Odio: That's right.
Commissioner Plummer: It is my intent to decentralize Community Development
by channeling the services through the NET (Neighborhood Enhancement Team)
office. Layer number two...
130 September 10, 1992
Commissioner Plummer: Administrative offices will be maintained by the
Director Frank Castaneda.
Mr. Odio: Right.
Commissioner Plummer: Layer number three. I mean, how many...
Mr. Odio: No.
Commissioner Plummer: ...layers of bureaucracy are we going to have?
Mr. Odio: None.
Commissioner Plummer: I guess the question I'm asking is...
Mr. Odio: If it...
Commissioner Plummer: I concur with you, sir, that Community Development
should be in the NET program. Why don't they, the NET program, if Carlos is
running the overall show, why don't they directly report to him? Why do we
need another layer in between?
Mr. Odio: Commissioner, the... Let me explain it. You need checks and
balances. I think the beauty of NET is that it's creating checks and
balances. They're out there. They know what the community wants.
Commissioner Plummer: Understand.
Mr. Odio: And then at the same time, they come back and put pressure on Solid
Wastes, Public Works, the police, whatever, to provide the services that the
community needs. You need...
Commissioner Plummer: It's... It's a waste.
Mr. Odio: ...
checks and balances. If you were adding cost I would be
with you. What I'm saying is, let's give me a chance to look and see how we
can decentralize the... those people.
Commissioner Plummer: What will be left of Community Development under this
memo which you have sent me?
Mr. Odio:. What we...
Commissioner Plummer: Will there be two people left there...
Mr. Odio: No.
Commissioner Plummer: ...as the administrative office?
Mr. Odio: No, you need the accounting people. For instance, you have a
citizen...
131
September 10, 1992
Commissioner Plummer: Why do you need... And Frank's my friend, and I'm not
picking on him individually, but why do you need him? Let's state the
position. Why do you need a director and an assistant city manager? I don't
understand. It's layer, upon layer, upon layer.
Mr. Odio: Well, you want me to go back in history, how many layers you had
before?
Commissioner Plummer: Sir, I want...
Mr. Odio! I'm trying...
Commissioner Plummer: I'm trying to save you money.
Mr. Odio: Precisely. I'm trying to cut... What we're trying to do is be out
there and know what service the people want and deliver it. I believe with
all my heart that sitting here, in the Dupont Plaza, is not the place to be.
Now, you do need a central core administration to deal with very complex
funding mechanisms from the federal government. You need to know that
business very well or we lose money in the process. At the same time, we're
taking advantage by bringing the services out that the federal government is
paying for those people. It's the federal government that is paying those
salaries. And, that's all we're doing.
Vice Mayor Alonso: Let me see if I get this. Frank Castaneda will continue
to be in charge of Community Development.
Mr. Odio: Yes.
Commissioner Plummer: No.
Vice Mayor Alonso: His people will be...
Mr. Odio: Yes.
Vice Mayor Alonso: ...working for NET.
Mr. Odio: But... Ycs.
Vice Mayor Alonso: He will be...
Mr. Odio: Well...
Vice Mayor Alonso: ...in charge of a department that does not have the
personnel that we knew before. They are not there any more. He will be in
charge of CDBG funding.
Commissioner Plummer: Madam Commissioner, 1f I may...
Mr. Odio: More than that, those people...
Vice Mayor Alonso: What else?
132 September 10, 1992
Mr. Odio: Those people report indirectly to him.
Vice Mayor Alonso: Yeah. The memo is so confusing. I just don't know.
Mr. Odio Well, maybe. You have to excuse me, in two lines...
Commissioner Plummer: The memo is clear.
Vice Mayor Alonso: Let me ask Frank...
Commissioner Plummer: The Department of Community Development now reports to
the Assistant City Manager.
Mr. Odin: That's correct.
Vice Mayor Alonso: Frank, will you come to the mike and tell me, what is your
job now...
Mr. Odio: But they always had.
Vice Mayor Alonso: ...and how does it differ from what you had before?
Mr. Odio: Excuse me.
Vice Mayor Alonso: Tell me.
Mr. Castaneda: What is my job, presently?
Vice Mayor Alonso: Presently.
Mr. Castaneda: Presently. I manage the Community Development Block Grant
program. I manage special events for the City of Miami. I manage the Manuel
Artime Community Center.
Mr. Odio: They used to report to...
Commissioner Plummer: Then you don't need Carlos!
Mr. Odio: They used to report to Mr. Bailey, Commissioner. We're not adding
layers.
Mr. Castaneda: And I...
Mr. Odio: Community Development reported to Assistant City Manager Bailey,
who I want to concentrate on housing and development.
Commissioner Plummer: Somewhere, Mr. Manager. Somebody around here - and I
know you do, but others I don't think - better realize that our budget this
year is down from 200,000,000 to 194, sir.
Mr. Odio: Yeah.
Commissioner Plummer: That's 6,000,000 less and we're spending the same
amount of money. Something has got to give.
11 133 September 10, 1992
7E .
0
Mr, Odio: That's the point. We're not. I'm trying to do precisely what
you're talking about and we have not even started looking at the department.
They used to... Well I don't see the change. They used to report. Frank
reported to Assistant City Manager, Herb Bailey. I think, I believe, that
this is an opportunity that Herb Bailey, with his talents, we need now.
Commissioner Plummer: Are you getting rid of Herb Bailey?
Vice Mayor Alonso: Certainly Andrew made an effect in our City.
Mr. Odio: No. We need him in housing and development now, more than ever.
Commissioner Plummer: Lost all of your housing money to the Dade Junior
College.
Mr. Odio: No, we are not. We are not. We have the...
Commissioner Plummer: You told me you did.
Mr. Odio: Well, more...
Vice Mayor Alonso: OK. Frank, how many people do you have in your department
now?
Mr. Castaneda: We have 46 civil service positions and we have about 25
temporary, or unclassified under the jobs program.
Vice Mayor Alonso: Now, after all these changes, you still have this number
of people?
Mr. Castaneda: That's what I had before the changes.
Vice Mayor Alonso: You had before.
Mr. Castaneda: Right.
Vice Mayor Alonso: And now, how many do you have?
Mr. Castaneda: We haven't discussed...
Vice Mayor Alonso: You believe you still have them.
Commissioner Plummer: I didn't know we had that many "botellas."
Mr. Castaneda: At this time, yes.
Mr. Odio: We haven't done any changes.
Vice Mayor Alonso: Do they work directly with NET or not?
Mr. Castaneda: My whole department works...
Vice Mayor Alonso: You look confused to me. Your face, I can see.
134 September 10, 1992
Mr, Castaneda: My...
Vice Mayor Alonso: Yes.
Mr. Castaneda: Our whole department works with NET. We have not finished
discussion with Carlos Smith as to what is going to change.
Vice Mayor Alonso: But I suppose the Manager meant something when he wrote
the memo and the changes, and assigned Carlos.
Mr. Odio: I meant that the people that are working here...
Vice Mayor Alonso: Something... He doesn't even understand what are the
changes.
Mr. Odio: Oh, I know.
Vice Mayor Alonso: And I believe Carlos doesn't know that either.
Mr. Odio: Oh, they know what I want.
Mr. Carlos Smith: Let me say this.
discussed each of the functions...
Vice Mayor Alonso: Briefly.
Frank and I have met briefly and
Mr. Smith: ...each of the functions in his department.
Vice Mayor Alonso: Yes.
Mr. Smith: There are various functions that I believe could be added to NET.
The people that we put out to NET from his department would report to the
Administrator. Everybody that works in the NET program, in an office, except
for the NRO (Neigborhood Resource Officers), reports directly to the
Administrator who is responsible for what happens in that neighborhood. What
we see Frank and his staff doing, and again we've had very brief conversations
while the hurricane... not while it was blowing, but after it blew.
Basically, this is to manage and monitor CBOs (Community Based Organizations),
social service agencies and so forth. We need those type of people in his
shop to look over and make sure that the jobs program is working correctly,
that the people in the field are performing, the CBOs and the agencies are
performing. The job developers, the job counselors, and possibly, some of the
people who have to do with monitoring agencies, might be sent out to the
field.
Mr. Odio: They need to become...
Mr. Smith: That`s what we're looking at right now.
Mr., Odio: Excuse me, Carlos, for a minute.
Vice:Mayor Alonso: The idea is that...
135
September 10, 1992
I7- )�.ttiF�3j
'1
Mr. Odio! While we're looking for better monitoring, precisely, of the CEOs,
which they couldn't do before because they were involved in other program
deliveries. Instead of being involved in program delivery, they should become
closer workers with the CBOs and those organizations that we're funding to
make sure they're performing. That should be their main role now.
Vice Mayor Alonso: Are we doing this in order to make the federal government
pay for NET?
Mr. Odio: No. No, we're not.
Vice Mayor Alonso: No?
Mr. Odio: No.
Mayor Suarez: Commissioner Dawkins.
Commissioner Plummer: I think it's a good...
Vice Mayor Alonso: It certainly sounds to me like it.
Commissioner Dawkins: Why...
Commissioner Plummer: I think that's a good idea.
Commissioner Dawkins: Who will report...
Commissioner Plummer: I think it's a good idea.
Commissioner Dawkins: Who will report to Frank Castaneda, in bodies and
names?
Mr. Smith: I cannot give you that because as I have said...
Commissioner Dawkins: How could you reorganize...
Mr. Odio: We're not.
Commissioner Dawkins: ...and not have an organizational chart spelling out
what you expect?
Mr. Smith: We are in the process of doing that but I can...
R
Commissioner Dawkins: Well, how could you come before me, the Commission...
Mr. Odio: We have not.
Commissioner Dawkins: ...with a concept in your mind and tell me this is what
you want me to do?
Mr. Odio: We have not.
Commissioner Dawkins: OK. Secondly... The people... How 1s NET funded?
i
136 September 10, 1992
t
Mr. Smith. NET is funded by the different departments from which the
individuals assigned to NET came from.
Commissioner Dawkins: OK. From the general fund?
Mr. Smith: Not necessarily.
Commissioner Dawkins: Well, explain what you're telling me then.
Mr. Smith: Well, if somebody came from Community Development and was funded
by COBO funds, it continues to be funded by CDBG funds.
Commissioner Dawkins: And how will you justify that?
Mr. Smith: Somebody that came...
Commissioner Dawkins: How do you justify that?
Mr. Smith: Well, they're basically spending... They're spending a lot of
time working with CBOs, zoning inspectors...
Commissioner Dawkins: Um? What now? What?
Mr. Smith: ...and so
forth. The Administrator spends a lot of time working
with CBOs and trying to improve the community.
Commissioner Plummer:
Not according to this... Not according to the paper
I've got.
Commissioner Dawkins:
How do the people who came from Community Development,
who are assigned to
work for the NET program, how do you justify to the
federal government that this is a legitimate...
Mr. Odio: Expense?
Commissioner Dawkins:
No, not expense. A legitimate assignment for those
people.
Mr. Odio: Well, the
job developers, you take the jobs program, they are not
doing what they were
paid to do in the first place. Finally, we get people
-
applying for jobs.
'
Commissioner Dawkins:
OK.
Mr. 0dio: They are... The only difference is that they were sitting here.
They are now sitting
in the substation at Liberty City, and in the places
=
where they should have been in the past, and now they're doing... They're
doing exactly what the federal government wanted us to do.
Commissioner Dawkins:
OK.
Mr.'Odio:" Reach out.
Commissioner Dawkins:
OK.
137 September 10, 1992
a
'
Vice Mayor Alonso: We also have new people working in these capacities. We
have hired.
Mr* Odio: On job development?
Vice Mayor Alonso: Yes.
Mr. Odio: No we have not. We have not hired...
Commissioner Dawkins: OK.
Vice Mayor Alonso: Yes. We have hired.
Mr. Odio: We have not hired, that I know, any job...
Vice Mayor Alonso: I have seen that in the records sent to us.
Mr. Odio: No. The only job developers that were hired were for the Summer
Program and funded by that grant.
Vice Mayor Alonso: I don't believe so.
Mr. Odio: Yes.
Commissioner Dawkins: OK. Economic Development coming out of Community
Development. Show me how that person ties in with the NET program.
'- Mr. Pablo Perez Cisneros: Frank. ...Economic Development program "como" ties
in "con" NET?
Commissioner Plummer: How many employees did you have before NET?
Commissioner Dawkins: OK. I'll ask one more question so that nobody... I
can't get through here.
Commissioner Plummer:
Oh, I m sorry.
Commissioner Dawkins:
I'll ask one more question.
Commissioner. Plummer:
is he waiting for an answer? I'm sorry.
Commissioner Dawkins:
The federal government gives money to CD (Community
Development).
-
Mr. Castaneda: Correct.
Commissioner Dawkins:
OK? From that CD money, the City of Miami takes X
dollars as administrative
costs.
Mr. Castaneda: Twenty,
twenty percent.
Commissioner Dawkins:
Now, I... How much?
w.
Mr. Castaneda: Twenty
percent.
138 September 10, 1992
a
Commissioner Dawkins: Now I want you to tell me how you justify 20 percent
administrative costs when you're not administrating and the people are out to
the NET program, and the NET program is supposed to be funded from the general
fund. Explain to me how you are going to justify to the federal government
administrative costs?
Mr. Castaneda: Commissioners, what we're doing is, that the staff that works
in the department 1s funded out of Community Development Block Grant funds.
The staff that is NET is funded out of indirect costs, the City of Miami has
an indirect cost allocation plan and we take...
Commissioner Dawkins: That's administrative cost.
Mr. Castaneda: Right.
Commissioner Dawkins: Wait a minute. Let's be sure you and I understand each
other. What's the difference between administrative costs and indirect costs?
Mr. Castaneda: Indirect costs are administrative costs which do not have a
direct relationship.
Commissioner Dawkins: It's the same... OK. Beg your pardon?
Commissioner Plummer: It's a way of getting around the 20 percent?
Mr. Castaneda: No, no. It does not...
Commissioner Dawkins: No, it is the 20 percent. It is the 20 percent.
Mr. Castaneda: Commissioners, it does not exceed the 20 percent.
Commissioner Dawkins: It's the 20 percent.
Mr. Castaneda: Whatever... What happens is that the indirect cost goes to
the general fund and then that money is used to pay for NET administrators.
Commissioner Dawkins: Yes, but if you have taken... OK. Let's just say for
the sake of discussion, we have three "X" employees...
Mr. Castaneda: Right.
Commissioner Dawkins: ...working in Community Development. OK?
Mr. Castaneda: That's correct.
Commissioner Dawkins: And we're getting 20 percent administrative costs for
three 11V people.
Mr. Castaneda: That's correct.
Commissioner Dawkins: Now. Now, it's only one X in Community Development
who's working under you.
139
September 10, 1992
Mr. Castaneda: All right.
Commissioner Plummer: Yeah, but ask him how much that "X" is, Miller?
Commissioner Dawkins: The other two "X"... OK.
Commissioner Plummer: Ask him how much that "X" is?
Commissioner Dawkins: OK. One minute. And then that other two "X" has been
farmed out to NET.
Mr. Castaneda: Correct.
Commissioner Dawkins, OK? Now, how do you justify to that federal government
for that number? How many is that one "X" under you?
Mr. Castaneda: I'm not, Commissioner...
Commissioner Dawkins: Now, see, they don't know yet, J.L. I've asked that
already, they don't know.
Mr. Castaneda: No...
Commissioner Dawkins: OK. Now how do you justify that?
Mr. Castaneda: I am not. What I'm basically doing is the people that used to
work for Community Development, and now are working in NET. They are being
charged to indirect cause which we pay the general fund. So basically, in
reality, these people are being funded out of special programs and accounts
but...
Commissioner Dawkins: Wait a minute. Wait a minute.
Mr. Castaneda: ...from funds collected from Community Development.
Commissioner Dawkins: Wait a minute. Wait a minute. The money for Special
Program and Accounts, gets to Special Programs and Accounts from where?
Mr. Castaneda: In this particular...
Commissioner Dawkins: From where?
Mr. Castaneda: In this particular case from Community Development via the
indirect costs.
Mr. Manohar Surana (Asst. City Manager): If I may, Commissioner...
Commissioner Dawkins: Oh, you're right. Thank you. Sit down. I won't need.
OK. I'm finished. OK. No problem.
Commissioner Plummer: Well I still..
Commissioner Dawkins: No, because you can... No he can explain it. I don't
need him. He can explain it.
140 September 10, 1992
Commissioner Plummers Ask the question, Miller.
Commissioner Dawkins: Yes. Go ahead.
Commissioner Plummer: Ask the question...
Mr. Castaneda: OK. All right.
Commissioner Plummer: ...how much is "X", Frank?
Mr. Castaneda: The indirect cost that we have allocated?
Commissioner Plummer: "X" dollars, is how much? This is what's going to
floor you.
Mr. Castaneda: Indirect costs? $800,000.
Commissioner Plummer: Direct costs. Administrative.
Mr. Castaneda: Well, it's uh... Two point...
Commissioner Plummer: Two point six. Would you like to know?
Mr. Castaneda: Two point six.
Commissioner Plummer: I'll tell you what your costs are.
Mr. Castaneda: Two point six million dollar. That's correct.
Commissioner Plummer: So it's 2.6 plus $800,000.
Mr. Castaneda: No. The $800,000 is part of the 2.6.
Commissioner Plummer: OK. And that's for administrative?
Mr. Castaneda: That's correct.
-a
Commissioner Plummer: OK. How many employees did you have prior to NET?
Mr. Castaneda: I had 47 civil service positions.
Commissioner Plummer: OK. How many have you got now?
Vice Mayor Alonso: He doesn't know.
Mr. Odio: Less than that, because we approved less..
Commissioner Plummier: How many?
Vice Mayor A lonso: He has no idea.
Mr. Castaneda: I'm sorry.
141
� tN
Commissioner Plummer: Excuse me. He is the Director. May I ask the
Director? I think he may know.
Mr. Castaneda: No. I have 47 budgeted positions now. I used to have 51.
Commissioner Plummer: That's not true.
—
Mr. Odio: He lost four positions.
Commissioner Plummer: Not in my budget book. Now unless this book is wrong,
on page 149 it says you've got 33.
Mr. Odio: That's all you can... That's what I'm trying to tell you.
Commissioner Plummer: Somebody better get...
Mr. Castaneda: That does not include...
Commissioner Plummer: Hell of a way to run an airline!
Mr. Castaneda: Commissioner, let me explain. We depend on three funding
sources. We depend on the Community Development Block Grant. We depend on
the Job Program allocation out of Community Development which is a separate
allocation.
Mayor Suarez: And general revenues.
Mr. Castaneda: And then, we depend on the Department of Labor allocation that
comes from the Private Industry Council.
Mayor Suarez: And then four. Because then you also have general revenues.
Mr. Castaneda: And then general fund, too, also for the Manuel Artime
Community Center.
Mayor Suarez: Those are the only employees that are funded by the City?
Mr. Castaneda: That's correct.
Commissioner Plummer: $600,000 in subsidy.
Mayor Suarez: That's very interesting. Let me do something procedural here.
There's a gentleman filming us. Mr. Wallace, right? A very nice gentleman.
Who does he work for, Mr. Manager?
Mr. Odio: Fire Department.
! Mayor Suarez: Fire Department, Chief. It's the first time I see him and he
seems like a very nice man as the young lady here. Maybe he doesn't know our
priorities. Our priorities are that, not the filming of this, but the thing
that really happens here which is that people who are wishing to address us
are really our priority. So, be very gentle with them Mr. Wallace, this
gentleman that was kind of standing in the way of your camera is Mr. Brito and
I'm sure he has important business to discuss with us. So, just keep that in
142 September 10, 1992
I
Commissioner Plummer: Excuse me. He is the Director. May I ask the
Director? I think he may know.
Mr. Castaneda: No. I have 47 budgeted positions now. I used to have 51.
Commissioner Plummer: That's not true.
—
Mr. Odio: He lost four positions.
Commissioner Plummer: Not in my budget book. Now unless this book is wrong,
on page 149 it says you've got 33.
Mr. Odio: That's all you can... That's what I'm trying to tell you.
Commissioner Plummer: Somebody better get...
Mr. Castaneda: That does not include...
Commissioner Plummer: Hell of a way to run an airline!
Mr. Castaneda: Commissioner, let me explain. We depend on three funding
sources. We depend on the Community Development Block Grant. We depend on
the Job Program allocation out of Community Development which is a separate
allocation.
Mayor Suarez: And general revenues.
Mr. Castaneda: And then, we depend on the Department of Labor allocation that
comes from the Private Industry Council.
Mayor Suarez: And then four. Because then you also have general revenues.
Mr. Castaneda: And then general fund, too, also for the Manuel Artime
Community Center.
Mayor Suarez: Those are the only employees that are funded by the City?
Mr. Castaneda: That's correct.
Commissioner Plummer: $600,000 in subsidy.
Mayor Suarez: That's very interesting. Let me do something procedural here.
There's a gentleman filming us. Mr. Wallace, right? A very nice gentleman.
Who does he work for, Mr. Manager?
Mr. Odio: Fire Department.
! Mayor Suarez: Fire Department, Chief. It's the first time I see him and he
seems like a very nice man as the young lady here. Maybe he doesn't know our
priorities. Our priorities are that, not the filming of this, but the thing
that really happens here which is that people who are wishing to address us
are really our priority. So, be very gentle with them Mr. Wallace, this
gentleman that was kind of standing in the way of your camera is Mr. Brito and
I'm sure he has important business to discuss with us. So, just keep that in
142 September 10, 1992
I
mind folks. Before we get media relations, and press, and to on, controlling
things around here, these are the people that we try to serve and they pay our
taxes and...
Commissioner Plummer: Why should they...
Mayor Suarez: They're very important to us. So just be very gentle with them
and if they obstruct a view, maybe it's not too bad an idea in any event. I'm
not sure there's anything...
Commissioner Plummer: Why should they be any different? The Police
Department do it.
Mayor Suarez: Just introducing you to these folks and you might want to do
that afterwards. And you, ma'am, meet the people that you're filming. They
are the people that we consider to be the owners of the City. We're just
their servants up here.
Commissioner Plummer: I want to remind the Manager that I asked for copies of
the tapes these to keep as a permanent record for all of us to have. And I
haven't seen any of them.
Mr. Odio: What, Commissioner?
Commissioner Plummer: I asked for copies...
Vice Mayor Alonso: Yes.
Commissioner Plummer: ...of the tapes of these meetings, so I would have a
permanent record of them.
Mayor Suarez: Yeah, and there was a cost item involved.
Commissioner Plummer: For a tape?
Mayor Suarez: Yes.
Commissioner Plummer: At Radio Shack it's $1.15.
Mr. Castaneda: All right. That's in the Community Development program but
you're not... Right.
Commissioner Plummer: If the City can't afford it, I'll...
Mayor Suarez: Maybe our EOC (Emergency Operations Center) room can...
Commissioner Plummer: Well, no. Don't talk about Carlos Smith. Now he's the
one who monitors the NET channel. OK? And he's the one who allowed that
police program to go on. OK?
Mayor Suarez: Well, I'm not sure...
Commissioner Plummer: So don't tell me he's monitoring.
143 September 10, 1992
R�
Mayor Suarez: Well, I'm not sure we ought to drop back into that. All right,
folks. The proposal is to fund...
Mr. Odio: Thirty days.
Mayor Suarez: Thirty days.
Mr. Odio: For thirty days.
Mayor Suarez: We have rehashed the whole discussion. I know there's some
people from Greater Biscayne Boulevard Chamber of Commerce, pro and con, who
would like to restate their arguments. Let me take note of this. You have
submitted a letter which really didn't come from your submission. It came
from HUD (Housing and Urban Development) answering the Manager's answer to
their charges that we're funding certain programs that are not adequately
monitored, and are not doing their• job, and are in violation of certain
federal rules. That's very interesting that you've done that because I had
not seen that response from Mr. Chaplain in Jacksonville. And it's very
specific. And we're going to have to answer each and everyone of those. He
has also indicated in that letter, and I was not aware of this, Mr. Manager,
that this year, instead of having one individual from HUD that's been
monitoring, they've had four. So four times the oversight... Bureaucracies
are bureaucracies. Four times the oversight, you can assume they'll find four
times the discrepancies and that doesn't necessarily mean that our programs
have gotten worse. But anyhow, I think this Commission has, unless there's
some new information that we should know about, other than that letter, maybe
we can extend this whole process...
Commissioner Plummer: Well, no. There is, Mr. Mayor.
Mayor Suarez: Yes, sir.
Commissioner Plummer: Mr. Mayor, as you will recall, they conveniently did
not give it to us this time, backup material, other than one page which says
discussion, which I guess shows all the work that they do, or don't do.
Mayor Suarez: We have not been able to prepare adequately for this.
Commissioner Plummer: No. Excuse me, sir.
Mayor Suarez: The Jacksonville people were not able to meet with our
employees. We're only asking for thirty days.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: The point that I wish to discuss is the...
Mayor Suarez: We're going to need a lot more than that. Is that what you're
saying?
Commissioner Plummer: There's a lot more material that was in the last backup
material which we don't have this time, which I think must be addressed, and
144 September 10, 1992
r
that is the monitoring by our staff, that was very detrimental in some of the
programs. And I think that we've got to address, regardless of what
Jacksonville says, and what others may or may not say. Our staff came back,
which I thought was an absolutely ridiculous statement. It's not what they
wanted, it's what the Commission told us to do.
Mr. Odio: Well, what...
Commissioner Plummer: Now, they might be a true statement...
Mr. Odio: You may word it in other words.
Commissioner Plummer: ...and we might have some blame.
Mr. Odio: You might word it in other ways...
Commissioner Plummer: OK.
Mr. Odio: ...but we recommending certain funding and something else was
approved.
Commissioner Plummer: Mr. Manager, when the developer stands up in front of
this Commission and does not bring to the attention of this Commission who
makes the votes, that there are some very, very serious discrepancies in their
findings, and allows us to go and proceed to possibly vote. Mr. Manager, that
is wrong. That is absolutely wrong.
Mr. Odio: I think...
Commissioner Plummer: And I'm saying...
Mr. Odio: You might be right.
Commissioner Plummer: ...I'11 go along with the vote of today. But, I'm
saying that before I vote for the rest of that funding, we're going to address
those issues. OK? We're going to address them. Because I'm not going to sit
here and vote with a record established by their department that says that
there were discrepancies in X program, Y program and Z program, and let it
reflect back that I didn't know what I was doing. So I'm just saying that for
the record, Mr. Mayor.
Mayor Suarez: And by the way, there's a quantification that I had not seen
before. I wish I had. And let's see if you can bear that out and maybe give
us supporting information on it. They refer in their letter, that you managed
to get to me, although it must have been in our files, it must have gone to
the Manager. I think it did. The federal government reflects a total of 100
of what they call activities, monitored by, under the COBG program. If that
is the case, if it's 100 activities, which presumably includes the CDBG funded
corporations, the CDCs rather or CBOs, etc., plus other lesser activities, in
amount, but totalling 100, it would be very instructive. Now, I don't want to
create work for anybody that's unnecessary, but it would be very instructive
to have the list of the 100, maybe alphabetical or something, and if nothing
else, it tells us the number of things that we're doing out there. And then,
the whole issue of decentralization and all of that comes into play, but at
145 September 10, 1992
r1l
least, for us, if they're talking about 100 activities I would like to have a
list. It's going to take a little bit of work but it's worth it. Because
they want a file for each one of the 100 activities. And if we're going to
have have a file for each one we may as well have a list of the 100.
Mr. Castaneda: Sure.
Mayor Suarez: Anything further on this item?
Vice Mayor Alonso: Yes.
Mayor Suarez: Vice Mayor.
Mayor Suarez: Not necessarily on the item, but yes, in a way. Since I'm
supposed to be working with this department through the Awareness Program I
like to receive a memo and, Mr. Manager, through you to Carlos Smith and to
Frank Castaneda. I want a memo that gives me, step-by-step, comparison of
what was the department before, what it is today, the people that were working
before and in what capacity, the people who are going to be working now and in
what capacity. And provide to me, as soon as possible, all of this
information, so that I have an accurate information of any and all changes
within that department.
Mayor Suarez: As to the matter before us, we need a motion that is a
resolution, I gather, to fund for 30 more days.
Vice Mayor Alonso: Well I guess they have some...
Mayor Suarez: Why would the affected entities want to address us at this
particular point? I mean I question your judgement, and your sanity. You
would like to have 90 days. You would like to have 360 days of funding,
right?
Mr. Bill Rios: No. There is no reason for...
Mayor Suarez: Mr. Rios come to the mike and explain to me why when things are
going your way even for 30 days.
Mr. Rios: We can't continue to live on 30 days. I mean you gave us some
money...
Mayor Suarez: We had a...
Commissioner Plummer: Bill, you know what the... Bill...
Mayor Suarez: ... a hurricane...
Commissioner Plummer: You know what the alternative is?
Mayor Suarez: We had...
Commissioner Plummer: You live on nothing.
146 September 10, 1992
I
Mayor Suarez: ...HUD review, that is very critical in some points. l don't
know necessarily of your agency. I could ask you, Mr. Rios, since you are at
the mike, and I am sure you didn't intend for this to happen. You told me in
July or August you expected to have funding for the Foreign Trade Zone. I
could ask you where are the people ready to finance this project. Do you want
to go into that? Or do you want to just take 30 days, and in those 30 days I
am sure you will catch up with your Hong Kong financing, folks, and get the
project underway? I mean that is what the people of Miami, and the people of
the United States are going to be asking about these funds.
Commissioner Plummer: You know, Mr. Mayor, we are sitting here worried about
these funds when people in Coconut Grove can't even get to their home. They
don't have electricity. They don't have phones, and we are trying to fund
these people for 30 more days...
Commissioner Dawkins: We got some people in Liberty City too now.
Commissioner Plummer: ... when there are some damn important...
Commissioner Dawkins: Just don't pick on the Grove. We got some people in
Liberty City that don't have no lights and phones either.
Commissioner Plummer: Well, I guess I picked on that...
Commissioner Dawkins: OK. OK, then.
Commissioner Plummer: ..* because that is the worst of everything that is
left, Mr. Dawkins. But I just... I think there is really some misthoughts
here. I really do.
Mayor Suarez: You are going to try to address us, when you have got the
biggest group of opponents who are pointing to what HUD is saying, and your
agency was rated, I think of all of them, the one with the most problems?
That is not wise, ma'am.
Ms. Melanie Broeker: I wasn't rated the lowest of all the agency, by the way.
Mayor Suarez: I didn't say the lowest, I don't think. I said one of the
lowest.
Ms. Broeker: It wasn't rated one of the lowest.
Mayor Suarez: I said one of the ones with the most...
Ms. Broeker: Problems.
Mayor Suarez: ... deficiencies, problems, lack of identifiable, attainable
goals...
Ms. Clark: I don't think is was. It wasn't.
Commissioner Plummer: Mr. Mayor, I move...
147 September 10, 1992
Mayor Suarez: All right. Try to convince us that it wasn't at the next
meeting, please. This is not the...
Commissioner Plummer: I move that this matter be deferred till the next
meeting.
Commissioner Dawkins: Second.
Commissioner Plummer: OK.
Mayor Suarez: Why are you moving everything to the 24th?
Commissioner Plummer: Because they are not going to agree to the funding for
30 days.
Mayor Suarez: No.
Commissioner Plummer: OK?
Mayor Suarez: I think they are smart enough to know that this is a good
moment...
Commissioner Plummer: No they don't.
Mayor Suarez: ... to bow out.
Commissioner Plummer: I am sorry. I am not going to sit here and listen to
this all day.
Vice Mayor Alonso: I believe that for the sake of some organizations who
really need this extension for 30 days, I think that is the way we should do
it,...
Commissioner Plummer: I was willing to vote for the 30 days.
Vice Mayor Alonso: ... and let's do it.
Commissioner Plummer: OK?
Vice Mayor Alonso: Let's do it now.
Commissioner Plummer: I am willing to vote, but I am not going to sit here
and listen to it all day.
Vice.Mayor Alonso: Let's move that we extend this for 30 days,...
Mayor Suarez: All right.
Vice Mayor- Alonso: ... and in 30 days...
Mayor Suarez: So moved.
Vice.Mayor Alonso: ... then we make the decision the 24th and that is all.
148 September 10, 1992
o
f
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Call the roll.
Ms. Matty Hirai (City Clerk): Vice Mayor Alonso.
Vice Mayor Alonso: Yes.
Ms. Hirai: Commissioner Dawkins.
Commissioner Dawkins: Yes.
Ms. Hirai: Commissioner De Yurre. Votes yes. Commissioner Plummer.
j'
Commissioner Plummer: So they don't come back to me later, understand, we are
funding them for another... Till the 24th, period, only. It is not deferred
the item. It is funding extended to the 24th.
Mayor Suarez: No. Thirty days, thirty days, Commissioner.
Commissioner Plummer: I am sorry?
Ms. Judy Clark: Are you funding the same organizations you funded last time?
Mayor Suarez: We certainly are.
Commissioner Plummer: I have no alternative.
Ms. Clark: Any others?
Commissioner Dawkins: No.
Mayor Suarez: No, ma'am.
Commissioner Plummer: No. OK. That is for another two weeks. That is it.
Mr. Odio: Let me understand this. Thirty days...
Commissioner Plummer: I didn't say 30 days, sir.
Mr. Odio: `That is what...
Commissioner Plummer: I said the 24th.
Mayor Suarez: Thirty days is the motion.
Commissioner Plummer: The 27th, right?
Mayor Suarez: Thirty days is the motion.
Commissioner Plummer: That was not...
149
September 10, 1992
Mayor Suarez: You can't... We cannot administer something on two week by two
week basis. We are going to go crazy, Commissioner.
Mr. Odio: They have payrolls to meet.
Vice Mayor Alonso: Thirty days and then the 24th...
Mayor Suarez: Thirty days...
Vice Mayor Alonso: ... we should at least...
Commissioner Plummer: Sir, then let somebody else make the motion. My motion
was till the next meeting. OK?
Mayor Suarez: Then you are going to have to rehash the whole thing on the
twenty... Wouldn't it make more sense in the first meeting in October?
Commissioner Plummer: I wanted to vote for the 30, but they are going to sit
here and talk, and talk, and talk. Then I said let's defer it for two weeks.
Mayor Suarez: OK. I had forgotten, by the way, that in the case of Greater
Biscayne Boulevard we actually suspended all funding, and so if we maintain
the status quo, that means that they are not receiving any funding for another
30 days. All right. But as to the rest, which I think was what your motion
was, the ones that we had funded, you are moving for 30 days...
Vice Mayor Alonso: Thirty days...
Mayor Suarez: ... additional. What was the last period that they were
receiving, Frank? Up until when?
Mr. Frank Castaneda: I am sorry, Commissioner? Mayor?
Mayor Suarez: The 30 days, assuming that this passes...
Mr. Castaneda: Since September the 10th to October the loth.
Mayor Suarez: All right. Until October loth. That gives us until the first
meeting in October...
Vice Mayor Alonso: Exactly.
Mayor Suarez: ... to act on it. Maybe we will act on it September 24th,...
Commissioner Plummer: But this doesn't...
Mayor Suarez: ...J. L., if we can squeeze it in here,...
Commissioner Plummer: Fine.
Mayor Suarez: ... but I don't want to put everything over until the 24th,
please.
Commissioner Plummer: As long as this doesn't address "botellas" that's all.
150 September 10, 1992
v4 Y
0
Mayor Suarez: OK. greater Biscayne Boulevard Association is, at this point,
not being funded. Let's take that up in a second and see if any Commissioner
thinks that that 1s a wise idea to get into that. We have a motion. Do we
have a second? On the agencies that were funded for another 30 days?
Commissioner Plummer: Yeah. I'll seconded it. Let's do it and move it.
Mayor Suarez: All right. Call the roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-549
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENTS TO EXISTING INDIVIDUAL CONTRACTUAL
AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY
AND AS SPECIFIED HEREIN, THEREBY PROVIDING FOR
EXTENSIONS TO SAID AGREEMENTS FOR THE PERIOD OF
SEPTEMBER 11 THROUGH OCTOBER 10, 1992, WITH THIRTEEN
(13) NEIGHBORHOOD ECONOMIC DFEVELOPMENT COMMUNITY
BASED ORGANIZATIONS ("CBOS"), AND NINE (9)
NEIGHBORHOOD BASED HOUSING COMMUNITY DEVELOPMENT
CORPORATIONS (11CDCS1% TO IMPLEMENT ECONOMIC
DEVELOPMENT PROGRAMS AND TO STIMULATE HOUSING
AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES AND
INDIVIDUALS IN THE CITY OF MIAMI; ALLOCATING FUNDS
THEREFOR FROM THE EIGHTEENTH (18TH) YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by 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.
151
September 10, 1992
Mayor Suarez: Now, does anyone want to even tackle Greater Biscayne, or do
you want to... What do you want to do with it?
Commissioner Plummer: Mr. Mayor, 1 don't think you can do it in all fairness
because you are going to open up Pandora's Box...
r
J Vice Mayor Alonso: Exactly.
Commissioner Plummer: ... to about three or four others, and you can't do it. —
Mayor Suarez: OK. I just want to correct the record when I stated that they,
like all the other ones, would then be under this motion. They would not be.
They are not being funded, so there would be another 30 days without funding.
OK? Everybody understand that? No Commissioner wants to bring up the item?
Commissioner Plummer: So that takes care of item 11.
151.1 September 10, 1992
Mayor Suarez: I certainly don't think that is a good idea. We have a couple
of procedural things to decide, which are related to the last item that is
here, because I know Commissioner Plummer has to be somewhere at 12:20. 1
would be inclined to reconvene at 2:30...
Commissioner Plummer: No, Mr. Mayor.. i
Mayor Suarez: ... instead of four o'clock.
Commissioner Plummer: No. Go ahead and do item 12 because that will finish
the morning.
Mayor Suarez: We can do that?
Commissioner Plummer: Eleven is the same.
Mayor Suarez: I thought the...
Commissioner Plummer: No. Thirty days.
Vice Mayor Alonso: Thirty days.
Commissioner Plummer: The motion we passed was on 11. We discussed 10. The
Item for 11 was 30 days.
Mayor Suarez: Yes. It applies to both corporations and...
Vice Mayor Alonso: Yes. Thirty days.
Mayor Suarez: ... CDs.
_----------------------------------------------------------------------------
22. (A) CITY COMMISSION DIRECTS ADMINISTRATION TO IMMEDIATELY OPEN PROCESS
OF SELECTION OF LEGISLATIVE CONSULTANT SERVICES IN TALLAHASSEE FOR
THE 193 LEGISLATIVE SESSION;
(B) BRIEF DISCUSSION CONCERNING RECOMMENDATION ON SALARIES OF CITY
EMPLOYEES CONTROLLED BY THE CITY COMMISSION.
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, on item 12. On item 12 is the lobbying i
contract for the City of Miami. It is my understanding, from the Legal
Department, that the...
Mayor Suarez: Mr. Castaneda, excuse me Commissioner Plummer. Would you
please identify what the gentleman wants to do privately, on the side. We
have have disposed of items 10 and 11, and we are on item 12, unless he is
vying for a lobbying contract, he probably should not be at the mike. Yes.
Commissioner Plummer: My understanding is, Mr. Mayor, we have two
alternatives. The first alternative is to either extend the present contract,
or, in lieu of that, to open it up to a rebidding process. At this time I
move, sir, that we open it up to a rebidding process.
152 September 10, 1992
Commissioner Dawkins: Second.
Mayor Suarez: So moved and seconded.
Commissioner Plummer: Mr. Mayor, I also wish to stipulate whoever is going to
be doing that contract, that it must be done immediately. The State
Legislature now starts meeting in January. They are already holding committee
meetings. Mr. Manager, I would expect that process to be back to this
Commission by the 27th of this month. It can be done.
Vice Mayor Alonso: Twenty-fourth...
Commissioner Plummer: The RFP (request for proposals) for the lobbying
contract.
Commissioner Dawkins: And I will not vote for anything over $90,000, that's
me.
A. Quinn Jones III, Esq. (City Attorney): Commissioner...
Commissioner Plummer: OK. Hey, I am not arguing that. Yes, sir.
Mr. Jones: Is it your preference for competitive... I mean for competitive
bidding, because it could be done through competitive negotiates?
Commissioner Plummer: Whatever is the quickest way of doing it.
Mr. Jones: Most expedient way?
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: Whatever the quickest way to do it, and I will be
voting for anything $90,000 and under. I will not vote for anything over
$90,000 dollars.
Vice Mayor Alonso: But it will be back the 24th?
Commissioner Plummer: Well. OK. Look, as I recall...
Vice Mayor Alonso: Twenty-fourth...
Commissioner Dawkins: Just one vote...
Vice Mayor Alonso: OK.
Mayor Suarez: OK. They got...
Commissioner Plummer: Excuse me. I want that clear. OK. That to me you get
what you pay for, and if I have to pay more money, I am going to pay.
Commissioner Dawkins: You know, it is awful funny when we have black... I
mean when we have minority firms, you don't feel that way. And when we have
other firms you are not as conservative, Mr. Plummer. I wonder why?
153 September 10, 1992
t
Commissioner Plummer: Well, I am saying that...
Commissioner Dawkins: OK. I just wanted to put that on the... You know. I
just want you to know.
Commissioner Plummer: ... I am not bound by the number. That is all I am
saying. OK?
Mayor Suarez: All right. On the matter before us it is to carry out the RFP
by what date?
Mr. Cesar Odio (City Manager): By the 24th.
Mayor Suarez: Twenty-fourth and some Commissioners have stated the kinds of
funding of this effort that they are interested in doing, I think.
Commissioner Plummer: Well, they are going to make their cost known to us.
Mayor Suarez: Right.
Commissioner Plummer: OK?
Mr. Jones: Mr. Mayor, just make it clear that it is... Mr. Mayor...
Commissioner Plummer: Hello.
Mr. Jones: Just make it clear that it was the most expedient way, because we
don't have to go through our, necessarily, through the request for proposals.
Commissioner Dawkins: The Manager can interview three firms and bring back
one, or two or three?
Mr, Jones: If it is over $50,000 we will do it, because you are talking about
legal services.
Commissioner Plummer: Mr. Mayor, prior to breaking for lunch, are we stilt
contemplating, this afternoon, you had asked each one of us, in the areas of
Commission Awareness, to give a recommendation, salary, of those areas in
which we control?
Mayor Suarez: Absolutely.
Commissioner Plummer: Is it still you intent to do such?
Mayor Suarez: We would -love to do it, and I hope the hurricane hasn't
interrupted us to the point that we couldn't do that at some point. What the
adequate time or method is, is open to question.
Vice Mayor Alonso: For the record I am not ready to make this recommendation.
Some of my departments_ have been changed in a way that as you saw today, I
don't even know what are the functions of that director, therefore, I cannot
make'a recommendation on the basis of what I don't even know what are the
responsibilities of that individual.
154 September 10, 1992
F
Mayor Suarez: You know we could possibly have...
Vice Mayor Alonso: So it will be very unfair.
Mayor Suarez: ... a special session where we discuss only the salaries and
the departments and such, if you would like.
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: Or a workshop where that is the only issue.
Commissioner Plummer: Mr. Mayor, I...
Commissioner Dawkins: Well, as the Awareness Commissioner for the...
Vice Mayor Alonso: I will not be making the recommendation today.
Commissioner Dawkins: ... legislative end of it I... My recommendation is
that you don't pay over $90,000 for consultancy for the State Legislature, as
the Awareness Commissioner. That would be my recommendation.
Commissioner Plummer: And I respect your opinion. OK?
Mayor Suarez: All right.
Commissioner Plummer: The point I am trying to make, and I understand fully
what she is saying.
Mayor Suarez: When would you be ready to make those recommendations then?
Commissioner Plummer: I would assume, today, before budget.
Mayor Suarez: Madam Vice Mayor is indicating that she...
Vice. Mayor Alonso: I will not be ready today because there have been changes,
major changes, and therefore I need additional time. So I would say the 24th.
Mayor Suarez: OK.
Vice Mayor Alonso: And it will be a savings, so...
Mayor Suarez: All right.
Vice Mayor Alonso: It is very convenient. I have a question concerning what
the City Attorney was referring to. I would like a clarification on the RFP,
please.
Mr. Jones: What I am saying, Madam Vice Mayor, under the procurement process,
in the past, firms that have responded have been all law firms. What I am
telling you is that if you want to expedite the process, there is nothing that
prevents you from going out for a request for proposal, or soliciting
proposals. If you want to expedite the process we can do it under a provision
that allows... Under the competitive negotiations as long as it would be over
155 September 10, 1992
$50,000. I could talk to three firms, whatever, and get back to you. That
would be the expeditious way, but it is your decision.
Vice Mayor Alonso: But we would not be forced to accept the one company that
the City Manager recommends? We can make the decision?
Mr. Jones: No, you wouldn't be forced to accept it.
Vice Mayor Alonso: It would be up to us?
Mr. Jones: Yes. Yes.
Vice Mayor Alonso: All right. And we would not be forced...
Mr. Jones: Yeah.
Vice Mayor Alonso: ... legally.
Mr. Jones: Right.
Vice Mayor Alonso: All right.
Mr. Jones: That is correct.
Vice Mayor Alonso: I have no problem with that.
Mayor Suarez: All right. As to the reconvening in the afternoon, we are
otherwise scheduled for four, but we have items left from the morning, many of
which were tabled, and I am proposing, we have an invitation to give a special
recognition to Bryan Norcross. It was expected to be at 2:30. Why don't we
try at three o'clock then,...
Vice Mayor Alonso: OK.
Mayor Suarez: ... and that will compromise... Hopefully, you can get a hold
of him so that he doesn't have too wait to long here, and we reconvene at
three o'clock.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:15 P.M. AND RECONVENED AT 3:00 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT,
EXCEPT VICE MAYOR ALONSO.
156 September 10, 1992
-------------- ------------- .i.-------------- -----------------r.----rr.-----r a..r:w--
23. PROCLAMATION OF BRYAN NORCROSS DAY IN HONOR OF THE METEOROLOGIST FOR
WTVJ-CHANNEL 4, FOR HIS ACCLAIMED COVERAGE OF HURRICANE ANDREW AND HIS
SUCCESSFUL CAMPAIGN EMPHASIZING HURRICANE PREPAREDNESS.
-----------------------------------------------------------------------------
Mayor Suarez: Ladies and gentlemen, may we have your attention. Have the
Commission come to order. For a most pleasant part of our proceedings
today... Mr. Manager, you are probably alive because of the actions and F
commentary and inspiration of our honoree today. I should have never gotten
his attention. Now he wants to monopolize the guy. Ladies and gentlemen, as
soon as the Manager and... Thank you. Commissioner De Yurre might escort our
recipient to...
Commissioner De Yurre: I'll show him the way.
Mayor Suarez: Thank you, sir. Everybody talks about what was done before the
hurricane, correctly, mostly, and what was done after the hurricane, not all
of it correctly, and not all of it as expeditiously as we would like, or as
well coordinated as we would like. Now the third phase begins of recovery and
rebuilding, but one aspect of it in which our recipient today was
particularly excelled in was what happened during the hurricane. And I guess
no one really even comes close to Bryan Norcross and what he did. He was
literally... (APPLAUSE)... in the eye of the storm. He was there. He was a
reassuring voice. Much has been written. I am sure I can add nothing that
would be any better written or better stated than the things that have been in
the paper already, but I thought that our City did particularly well in the
prehurricane phase, and we have a lot of firefighters here who are people who,
as I always describe them, tend to go by the book, and maybe it is just as
well that they did because a lot of those buildings are still up because of
you, and because of the accurate forecasting and preparedness advice that was
given by Bryan Norcross, and so it is a great honor, and having already
reassured myself, I had him sign a waiver as he walked up, that he would not
run for Mayor, too on behalf of this Commission and the people of Miami, and I
say Miami, Greater Miami, typically we meet in a chambers with a lot more
people present, Bryan, but today, for obvious reasons, we are meeting here,
and I know a lot of people would have liked to have been here. Hopefully,
they will see this on television. The proclamation reads in part, "Whereas
Bryan Norcross, meteorologist, for WTVJ, Channel 4, is the prototype of the
man of action who believes that the only counteracting measure against natures
unpredictable behavior is preparedness. Whereas during that long and dreadful
night when Hurricane Andrew's mighty force destroyed and blew away everything
it encountered in its path, Bryan Norcross with professionalism combined with
his vast meteorological experience," and really the most important thing is
the incredible stamina, folks. Although I heard he had a little bit of
support from J.L. Plummer's outfit over there, as far as being groomed, et
cetera. "informed and reassured the people of South Florida, and whereas
local authorities on behalf of the community salute Bryan Norcross for his
acclaimed coverage of Hurricane Andrew," and his successful campaign
emphasizing hurricane preparedness, and specific incidents in which people
were probably kept alive by his measured and deliberate and careful advise as
to how to survive that hurricane in the case of specific individuals. He also
157 September 10, 1992
managed to get through my home at 4:30 in the morning, which I was surprised
about. In any event, from all of us in the City of Miami to Bryan Norcross,
and I know this is going to be the first of many awards, but it is nice to be
the first. Right, folks. (APPLAUSE)
Mr. Bryan Norcross: Thank you, Mayor. I want to congratulate everyone with
the City of Miami for the job the firefighters, the police, everybody did, in
preparation of the storm. It really was a masterful job. A lot of criticism
after the storm heaped in a lot of directions, but I remind everybody whenever
I hear that, that this is the biggest relief effort ever undertaken in this
country, and I think if you talk to the people from Charleston, South
Carolina, who went through it three years ago, they will tell you the people
here, without exception, did a wonderful job, not that it couldn't have been
done better in a few cases, but I really prefer to look on the positive side
of it. The only message I want to leave with you to take back to... in your
deliberations here. As the City looks at lessons from Hurricane Andrew, and
as you personalty look at lessons from Hurricane Andrew, is we learned a lot
of lessons, hopefully, we will build a better city here, physically, and I
think we have already built a better city socially. People are getting along
like they have never gotten along before in the City of Miami, and all of
South Florida, and that is a wonderful thing. But the lessons we have not
learned, we didn't learn how our high-rises would do. We didn't learn how our
condos would do. We didn't learn how Brickell Avenue, and Miami Beach, and
Aventura, and Hollywood, and Hallandale and all those places, a lot of people
stayed, they shouldn't have, would have done, and how many people would have
lost their lives if they had... If the hurricane had come further north. We
did not learn that lesson, unless anyone forget that, you folks are in a
position to remind them whenever possible, that because you survived Hurricane
Andrew in the high-rise does not mean you will necessarily survive the next
one that comes along. I think of all the lessons that we did not learn, that
is the most important one to talk about. So I thank you very much. I could
not be more honored. This will occupy a place in my home forever. Thank you.
(APPLAUSE)
Mayor Suarez: Madam Vice Mayor, we said all the right things...
Unidentified Speaker: The Vice Mayor is not here.
NOTE FOR THE RECORD: Vice Mayor Alonso entered the
meeting at 3:08 p.m.
Mayor Suarez: Get the Vice Mayor in. We said all the right things, while you
were not with us, and we omitted saying all the things we should omit saying
such as, that it was a pretty good trick how he knocked down the towers of the
competing stations. We did not may a reference to that.
Commissioner De Yurre: That was preplanning. That was planning for the
hurricane.
158 September 10, 1992
L
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24. ACCEPT GRANT FROM METRO DADE COUNTY TO PARTIALLY COVER COSTS OF
RENOVATION / IMPROVEMENTS OF ORANGE BOWL STADIUM, WITH PROVISOS.
Commissioner Plummer: Well, let me do this one and get it out of our way.
Mayor Suarez: OK.
Commissioner Plummer: A resolution... Miriam?
Vice Mayor Alonso: Yes.
Commissioner Plummer: Pass these down. This is taking... getting money. " A
resolution accepting a grant from Dade County to be used by the City of Miami
to pay a portion of the cost of renovating and improving the Orange Bowl
Stadium, providing for such grant monies and investment income, therein, to be
held by the City in trust until applying for such purposes; providing that
upon receipt of such grant this resolution shall be enforceable by the County
as a contract until all grant monies and investment income, therein, have been
expended, as herein provided; providing that upon receipt of such grant this
resolution may not be repealed or amended except with the consent of Dade
County; providing for certain acts by city official and the City Attorney;
providing for severability conflicts and effect date." Mr. Mayor, I so move
of the seven million dollars.
Mayor Suarez: So moved. Any discussion? Second by the Vice Mayor. Call the
roll.
Commissioner Plummer: Does the Clerk have a copy?
Ms. Matty Hirai: We do now, Commissioner. Thank you.
Commissioner Plummer: OK.
159 September 10, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-550
A RESOLUTION ACCEPTING A GRANT FROM DADE COUNTY TO BE
USED BY THE CITY OF MIAMI TO PAY A PORTION OF THE
COSTS OF RENOVATING AND IMPROVING THE ORANGE BOWL
STADIUM; PROVIDING FOR SUCH GRANT MONEYS AND
INVESTMENT INCOME THEREON TO BE HELD BY THE CITY IN
TRUST UNTIL APPLIED FOR SUCH PURPOSES; PROVIDING THAT
UPON RECEIPT OF SUCH GRANT THIS RESOLUTION SHALL BE
ENFORCEABLE BY THE COUNTY AS A CONTRACT UNTIL ALL
GRANT MONEYS AND INVESTMENT INCOME THEREON HAVE BEEN
EXPENDED AS HEREIN PROVIDED; PROVIDING THAT UPON
RECEIPT OF SUCH GRANT THIS RESOLUTION MAY NOT BE
REPEALED OR AMENDED EXCEPT WITH THE CONSENT OF DADE
COUNTY; PROVIDING FOR CERTAIN ACTS BY CITY OFFICIALS
AND THE CITY ATTORNEY; PROVIDING FOR SEVERABILITY,
CONFLICTS AND AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Who do we have from the marine community, and the other folks
that wanted to make the...
Vice Mayor Alonso: Yeah. Mr. John Smith is here. I would like to
recognize...
Mayor Suarez: I know we have got Waterfront Board members. Is the
Chairperson of the Waterfront... Well, or Vice Chairperson, or the
representative of the Waterfront Board.
�s
1
;S
a
160 September 10, 1992
r......-----------...r---------------.i.r.-i. - -- ---- ...r------rs.wr-------
25. COMMISSIONER DE YURRE THANKS THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE FOR AN OUTSTANDING JOB PERFORMANCE DURING
AND AFTER HURRICANE ANDREW.
-----------------------------------------------------------------------------
Commissioner De Yurre: Mr. Mayor while they are coming up let me make a
special note. Ron Williams, he is a... I think he is back there in the
corner. A special note also to GSA and Solid Waste for the job they have done
during this hurricane crisis. Is that OK, Ron? OK? A great job. Thank you.
Mayor Suarez: And I think you were the only municipality to be out on the
street collecting garbage and doing our work the very day of the hurricane,
and that is spectacular, Ron.
Vice Mayor Alonso: And I think all of our people did great, but people like
Pepin Rilo did a wonderful job, and I think it should be commended.
Commissioner De Yurre: Pepin is still out there. I saw him on 3rd Avenue and
15th Street picking up trash today, so he is doing... He is still doing the
job.
26. (Continued Discussion) LOCAL BUSINESSES COMPLAIN OF PROBLEMS AT DINNER
KEY MARINA: (a) THAT SALVAGE COMPANIES AND BOAT INSURANCE COMPANIES ARE
REFERRING HURRICANE RELATED WORK ORDERS TO NON LOCAL VENDORS; (b)
PROTEST THE CITY'S CHARGING OF RENT AT THE MARINA SINCE MARINA IS NOT
EVEN OPEN -- REFER TO CITY MANAGER. (See label 11).
Capt. John Smith: Thank you very much for this opportunity to speak. I am
from Bojean's Boat yard. My name is Captain John Smith. We were fortunate,
obviously, in the northwest county to not suffer the extreme damage as down
south, but it has been a kind of a curse in one aspect. A lot of people have
acted like we didn't go through the hurricane too, and that just is not true.
Dinner Key and all the municipal marinas, and County park operated facilities
are certainly, except for the western end of the bay, devastated. The boating
community is in a crossroads right now. We had, according to the DERM
(Department of Environmental Resources Management) statistics, approximately
67,000 registered boats in Dade County previous to Andrew. Of that, fifty
percent (50%) were trailerable boats, not left at marinas in slip, wet slip
storage. So we are actually talking about 33,000 boats, or thereabouts. It
is estimated that half of those boats are damaged beyond repair, and have
insurance casualty underwriters taking them to Broward and Palm Beach Counties
because the Dade contractors did not respond, or were contacted in a timely
fashion, and in some instances not given credit for being able to perform the
work that was necessary by the marinas, that required liability insurance and
the large cranes and barges to facilitate the extracting of these boats from
the marina areas. We have, in large, been excluded from the cleanup of our
own marinas.
161 September 10, 1992
Mayor Suarez: How did that happen?
happen, and what can we do about it?
Capt. Smith: OK.
We have heard that. But how did it
Mayor Suarez: Those are the two questions that...
Vice Mayor Alonso: We discussed this briefly in the morning,...
Capt. Smith: Exactly.
Vice Mayor Alonso: ... and there were questions whether contracts were given
to certain companies or not. If you have information...
Capt. Smith: I spoke to Lloyds...
Vice Mayor Alonso: ... we would like to hear about it.
Capt. Smith: I spoke to Lloyds of London in Broward, and was adamant about an
answer that was going to be the truth. He said to me, "OK you sound like
somebody that is going to want the straight dope, I am going to tell you the
truth." On Tuesday, when we went to Crandon Park, we were greeted by National
Guard troops who told us the area was condemned and off limits. There was
access permitted by owners or the adjustors or surveyors of the underwriting
casualty insurance companies. He said that went on for about four days. We
were dealing with junior staff. We couldn't get in contact with anybody in
authority. Obviously, we were looking south at the catastrophic human
tragedy. They are looking at it from a business point of view, and they
suffered millions of dollars worth of losses. He said to me, "at the same
time we are being denied access to the County and municipal marinas, your
televisions are posting bulletins saying "make temporary repairs to your
property, the insurance company will pay for it." We were cut out of that
loop. He said...
Mayor Suarez: OK. That is Crandon Park. Obviously, not...
Capt. Smith: Crandon Park is the...
Mayor Suarez: ... our jurisdiction,...
Vice Mayor Alonso: Not the City.
Capt. Smith: OK.
' Mayor Suarez: ... but any, specifically, that had to do with our jurisdiction
that any of those...
Vice Mayor Alonso: Dinner Key Marina.
Capt. Smith: Well, the same thing was true of Dinner Key. Dinner Key was
also... Dinner Key was also under marshal law. National Guard troops were
posted to keep everybody from Tlgertail...
162 September 10, 1992
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Mayor Suarez: But salvage companies were allowed into dinner Key...
Capt. Smith: Not immediately.
Mayor Suarez: .,. after, i think, 24 hours.
Capt. Smith: Not immediately. The Broward contractors...
Mayor Suarez: Well, that is pretty close to immediate, you know, compared to
other cities certainly.
Capt. Smith: OK. The truth of the matters is on Sunday and Monday of this
week salvage operations have been wrapped up on Dinner Key regarding the
insurance companies. Everything that is left now is owner responsibility.
They came in and worked for almost a week and a half to extract the boats from
Dinner Key. I'll confine myself to Dinner Key. I realize what you are
saying.
Vice Mayor Alonso: All right.
Mayor Suarez: Or other ones in the City, you know.
Capt. Smith: OK. What they told me, and they used Crandon Park, which is the
only reason I mentioned it as an example, was that they were concerned about
losing millions of dollars, not being able to access the property to save it.
Boats had not sunk immediately. Some boats were damaged. They were flooding
even as they were denied access. So they decided to have a meeting. They
decided to get together, and again they were dealing with junior staff people.
All senior officials were looking south to, really, a monumental problem,
which is rightly so. Rightly so. They said they had to work with people that
were going to respond to their needs, cut red tape, and facilitate the
extraction of the vessels, and to cut their loss and liabilities in the
property damage area. So they went to Broward and Palm Beach Counties where
their marine community solicited their business. They made and cleared, empty
lots to bring a lot of the boats that were so badly damaged over there at Ft.
Lauderdale Auction Sales, which normally auctions automobiles off. They have
hundreds of boats stored in open fields that they cleared expressly to bring
the boats up to Broward County and set them down. All the contractors, with
the exception of Dick Bunnell, who is on the Waterfront Advisory Board, were
Broward contractors. Resolve Towing, Joe Ferral was the primary contractor
down there, Grundy had barges and cranes...
Mayor Suarez: But why, why? Was it a coincidence that Lloyds, for example,
or the insurance companies, or the salvage companies ended up taking the boats
up to Ft. Lauderdale, or was it anything that we could have done differently,
or that we could do even now differently.
Capt. Smith: We can do it differently now. Yes, we can. The truth is that
we are, and again, the rebuilding process is really what we should be looking
at. I am not here to point fingers. What is done is done, the water is gone,
let's stop. We still got 10,000 boats in Dade County that need to be salvaged
and repaired. We have lost about 7,000 boats to Palm Beach and Broward
Counties. That means...
163 September 10, 1992
a
Mayor Suarez: What would happen, for example, we have a local preference
statute on our books. It only applies to bids that we give out. It does not
apply to...
Capt. Smith: Exactly. This is private sector.
Mayor Suarez: Right. This is private sector, but what would happen if we
passed a resolution that gave a general admonition to our Fire Marshal, and
Fire Department, saying give, at least, a fair shake to, you now, local
companies and before anyone of them is excluded, give notice to the manager
that that particular company they feel does not have the facilities, the
certification or something, so that we have a sort of built in warning device
so that no one will be readily dismissed as a salvage company.
Capt. Smith: Can I tell you what they said?
Vice Mayor Alonso: Yes, Mr. Mayor, because the feeling is that most of the...
Mayor Suarez: Or shipyards.
Vice Mayor Alonso: ... contracts, and not only in relation to boats, but in
other things...
Mayor Suarez: Yes.
Vice Mayor Alonso: ... as well, it is like we don't have the expertise.
Local expertise.
Capt. Smith: Can I tell you what they...?
Vice Mayor Alonso: ... We don't have the business,...
Capt. Smith: Can I also elaborate?
Vice Mayor Alonso: ... and everything is going everywhere else. We suffered
the damages. Why can't our people receive the benefit of these contracts? We
need jobs in the City of Miami.
Capt. Smith: They also...
Vice Mayor Alonso: Why shouldn't it be done locally?
Capt. Smith: Excuse me, Commissioner.
Capt. Smith: They also went on to tell me that the Miami River has long been
known as the smuggler's haven, that the toxic waste that lie on the bottom of
the Miami River was a concern. They didn't want to bring their boats up into
this cesspool of... Love Canal and the Miami River mentioned at the same
time. That the Haitian problem where they were going to strip the boats and
send the stuff to Haiti. These are all assumptions, but nevertheless it is a
bad rapport we have in the world's eyes concerning how we are in Dade County.
These things were actually said to me. They said...
Mayor Suarez: What can we do to...
164 September 10, 1992
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Capt. Smith: To stop.
Mayor Suarez: ..* dispel any impression that the Miami River is not open for
shipyard business and repairs, and that it is not full of smugglers, and does
not have toxic waste on the bottom? I mean...
Capt. Smith: That is a tong term problem.
Mayor Suarez: ... that is what we need to...
Capt. Smith: That is a long term problem, but it is part of the
reconstruction, and we should adjust.
Mayor Suarez: Well, the toxic waste on the bottom, 1t has been awhile since I
heard that one. I mean, you know, and as far as some of the boats taking
contraband out, typically, lately, it has been bicycles is the issue here by
the lot,...
Capt. Smith: Exactly.
Mayor Suarez: ... and I don't imagine any of these boat owners were
particularly concerned about any bicycles they might have had on board, you
know.
Capt. Smith: Well, it was the element of criminal activity that they were
concerned about, and the bad housekeeping practices that seem to be prevalent
on the Miami River, along with the combined commercial activities that
preeminent the coast of ah... the banks of the river.
Mayor Suarez: Well, that is for the Waterfront Board to suggest long term...
Capt. Smith: Oh, I am not suggesting otherwise. I am not suggesting
otherwise.
Mayor Suarez: Yeah. Long term regulations that we can implement.
Capt. Smith: Well, this is only meant as00 testimony in a direction we should
possibly consider consider to move.
Mayor Suarez: Is there anything, today, that we can do...
Capt. Smith: Yes. Yes.
Mayor Suarez: ... to instruct our departments? Specially, the Fire
Department that there is something that we may be missing in the formula that
allows a huge percentage of the ship repair...
.'_ Capt. Smith: The business to go... Right.
f;
Mayor Suarez: ... to be done outside of Dade?
Capt. Smith: Yes. Yeah, there is. I just left the Chamber of Commerce
meeting in which they have decided to set up a clearing house where we are
165 September 10, 1992
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going to put the marinas, the boat yards and the services and goods, that are
available in the area, in contact to a central clearing point with the
insurance company offices. Nobody has actually made contact with the
insurance companies, that I know of, and everybody I have spoke to on the
river... I have conducted a census. Jones Boat yard can take 15 boats. I
can take 16 boats. Lou Nuta, at Nuta's Boat yard, can take 40 boats.
Mayor Suarez: Do the other shipyards, that are maybe not here, know, for
example, who the Fire Marshal is in this City.
Capt. Smith: No. They do not.
Mayor Suarez: Well, they do now.
Capt. Smith: I understand that.
Mayor Suarez: Acting Fire Marshal, Captain Moon, you get...
Capt. Smith: Yes, I spoke to Mr. Moon...
Mayor Suarez: If I were you I would, right away, fax, with copies to the
Manager,...
Capt. Smith: I spoke...
Mayor Suarez: ... and to this Commission, a list of certified shipyards in
the City that are waiting for those boats, of salvage companies that are
willing to take them there, and if by any chance there is a single one, in the
last week or, so that has been denied access... At the beginning it was a
little tough. I mean, believe me, the first 48 hours it was a little tough to
quickly be able to say, yes, you can go in there, you can go in there.
Capt. Smith: Mr. Mayor, I faxed Captain Moon of Bojean's Boat yard rate fact
sheet over last week. I took... Had a person carry one into his office, and
I spoke to him personally on the phone, and we had no movement on it. The
fact of the matter is, the Dockmaster at Miamarina...
Mayor Suarez: But you may have a problem with referrals from insurance
companies or salvage companies. Are you a salvage company to?
Capt. Smith: Both, yes. I have tugs and salvage and a boat yard.
Mayor Suarez: Have you been denied access to any of the four City marinas in
the last week?
Capt. Smith: I have never... No, I have not.
Mayor Suarez: OK.
Capt. Smith: I have not also asked for permission to go in and to salvage
vessels. I do know other people who have been denied access because of the
million...
166 September 10, 1992
Copt. Smith: Right.
Mayor Suarez: 6.. right down there within... What was it? Within a day and
a half, or two days.
Capt. Smith: No. We are not here to accuse anybody, believe me.
Mayor Suarez: But we are also interested in anything the County messed up
on.. •
Capt. Smith: Yeah. Well, were are...
Mayor Suarez: ... because even though we don't have direct jurisdiction...
Capt. Smith: ... not looking to accuse anybody. What we want to do is we
want to move forward from this point. We need to close the door on as much as
this business leaving now, from the County marina.
Mayor Suarez: We understand. We are looking for concrete measure that we
can...
Capt. Smith: We can do this right now by simply contacting the insurance
companies who are not contacting the local boat companies. I spoke to Jones
Boat yard, Allied Marine, Merrill -Stevens...
Mayor Suarez: In the river?
Capt. Smith: ... Bertra Boat yard and they all say the same thing. Nobody
has contacted them. The Beacon Council, the Chamber of Commerce, the Marine
Council. No one from any position of authority has tried to place, with
insurance adjustors, or the insurance companies themselves, goods and services
available by local Dade County contractors.
Mayor Suarez: Well, I tell you what... And the Manager may have a little bit
of difficulty, administratively, doing it, but I know the Vice Mayor, and
Commissioners, and I don't have any problem doing it myself, legislatively.
You give me a list. I will send a letter to the insurance companies, or a
fax, or telegram,...
Capt. Smith: That is all we ask.
Mayor Suarez: ... saying these companies are ready to do business. They are
certified. I want to make sure that they are, in fact, certified,...
Capt. Smith: That is all we ask.
Mayor Suarez: ... and we will do that.
Capt. Smith: If you can do some follow-up, and make sure we are being...
Mayor Suarez: Administratively it gets a little trickier because...
167
September 10, 1992
Capt, Smith: We understand.
Mayor Suarez: ... then there is the implication of a referral.
Capt. Smith: Exactly.
Mayor Suarez: But l have no problem signing a letter...
Capt, Smith: OK.
Mayor Suarez: .., with my letterhead.
doesn't have administrative powers.
Capt. Smith: Exactly.
They don't even know that the Mayor
Vice Mayor Alonso: Yeah. It is very important that we protect...
Commissioner Plummer: Let me ask you a question, Mr. Mayor. Did any of
these... Because don't let anybody question my... in the private sector...
involvement... OK. But did any one of these guys get off their butt and go
talk to insurance companies?
Capt. Smith: The boat yards did, yes. We went out and solicited, and tooted
our own horns.
Commissioner Plummer: You went out to these insurance companies?
Capt. Smith: Yes, sir. I have the names and telephone numbers of Lloyds of
London and other such carriers and adjustors that I have personally spoken to.
We have had some results in getting some of the smaller jobs. What they did
at Dinner Key was bring in large barges, and heavy lift cranes. They picked
the boats up and took them away. There was no solicitation...
Commissioner Plummer: OK. In the private sector...
Capt. Smith: ... as far as to what yard they were going to. They were
told...
Commissioner Plummer: In the private sector there has got to be a reason that
a man would take his boat 30 miles to be repaired instead of 5 miles.
Capt. Smith: You need to talk to...
Commissioner Plummer: Did they do it cheaper?
Capt. Smith: You need to talk to Bertram's Yacht. And you need to talk to a
man called Bob Mertz. Bob Mertz had a regular customer, who was told by his
customer, who insisted on going to Bertram Yachts, who was above reproach
here, that he would be required to get three or four estimates, if he went to
Bertrams. If he went to the yard in Broward who that the surveyor insisted
upon, he would have the checked signed, no questions asked, and the work would
be performed.
168 September 10, 1992
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Mayor Suarez: is there any indication...
Commissioner Plummer: Well, then that...
Capt. Smith: We have story after story, after story like this.
Commissioner Plummer:
reported...
Mayor Suarez: Yeah.
Commissioner Plummer:
Excuse me. That... Mr. Mayor, that should be
...to Tom Gallagher, the Insurance Commissioner.
Capt. Smith: We are now, after having finished at the Chamber of Commerce...
Commissioner Plummer: Because a company...
Capt. Smith: ... which I just left to come right here...
Commissioner Plummer: ... like that should not be... An insurance company
like that should not be doing business in Florida.
Capt. Smith: We have just set up this arrangement with the Chamber of
Commerce, where I am going to start faxing over tomorrow with Tom Gallagher's
staff is going to start reviewing these very serious allegations by customers.
And they are frequent and they are oftenly reported, and a lot of people don't
want their boats in Broward County, and a lot of people have no choice in the
matter. They are simply...
Mayor Suarez: Any allegations of kickbacks...
Capt. Smith: ... being told.
Mayor Suarez: ... paid to any salvage companies?
Capt. Smith: Yes.
Mayor Suarez: I am sure we would like to know about those if they have
anything to do with the City. And the Insurance Commissioner would like to
know about it. Mr. Manager, I...
Commissioner Plummer: Not allegations, facts.
Mayor Suarez: Well, we got to start with allegations.
Commissioner Plummer: If there are facts then that is great. Allegations
mean nothing.
Mayor Suarez: Well, we got to start with allegations, Mr. Manager.
Mr. Odio: Just to clarify that, I got to Dinner Key Marina, I think it was
9:30 in the... I forgot the time. On Monday, OK. We walked there and it
became a tourist haven. I mean there were people walking...
169 September 10, 1992
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w.
Capt. Smith: There is no question.
liability reasons.
Mr. Odio: Gasoline was spilled.
Capt. Smith: Exactly.
Mr. Odio: Fumes.
Capt. Smith: Exactly.
The place needed to be secured for
Mr. Odio: The place didn't blow up the first day.
Capt. Smith: You did the right thing. You did the right thing.
Mr. Odio: OK. The question to you is how can we...
Capt. Smith: In the future. Not in the past. Forget the past.
Mr. Odio: Oh, OK. I just came from there and the cranes are still picking
boats out of the water.
Capt. Smith: Yes, yes.
Mr. Odio: How can we tell them what... In fact, let me tell you what
happened to us.
Capt. Smith: OK. There are two...
Mr. Odio: Wait. Wait, we have insurance...
Capt. Smith: Yes we have insurance requirements.
Mr. Odio: No. We do,...
Capt..,Smith: Oh, you do.
Mr. Odio: and they told us... One insurance company... You fix it with
so and so you can do it right away. We told him to go fly a kite. The
instructions that I have given to everybody in the City, is you do business
locally.
Capt. Smith: Well, it is not happening. I have video that I made Sunday with
Resolve Towing. Joe Ferrel he has got eight barges over there with ten boats,
40,to 50 foot...
Mr.. Odio: Yeah. But that is the private. I mean if we had to pick a boat
out of the water...
Capt. Smith: That is the City Marina.
Mr. Odio: ... we would pick it with local people,
Capt,. Smith: No.
170 September 10, 1992
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Mr. Odio: ... and we haven't had to do that yet.
Capt. Smith: That is the City Marina.
n
Mayor Suarez: I got a good question for you. Wait a minute, let me try this
one. See if you can figure out your way around this one. This is not
directed at the Fire Department. You guys did a good job in handling the i
people who were there. How would you justify giving preference to the
sightseers that you just referred to?
Mr. Odio: Get them out.
Mayor Suarez: No. Wait. Wait. How would you justify allowing television
cameras and photographers for the media... Wait. ...over a boat owner who
has no insurance and wants to salvage his boat?
Mr. Odio: Oh, no.
Mayor Suarez: To even go and look at his boat. How would you justify that?
How would you justify the National Guard or anyone in command over there,
allowing all of the media to go out and take pictures, and produce their
programs, and not a boat owner. Because that is what was going on the first
24 hours, I want you to know.
Mr. Odio: The first 24 hours, Mr. Mayor, was a mess. I am telling you we had
tourists walking in the ruins there...
Capt. Smith: The first 24 hours at Dinner Key was unsecured,...
Mr. Odio: Unsecured.
Capt. Smith: ... and everybody from the area come in to look.
Mayor Suarez: I just wonder what gets into the minds of a National Guardsman,
or any person in position of authority, a police officer, that makes them
think that a media person with a camera has more right than a boat owner.
Mr. Odio: After it was secured...
Mayor Suarez: That is incredible.
Mr. Odio: After it was secured nobody was allowed in, not even the press.
Mayor Suarez: No. The press was never stopped.
Chief Carlos Gimenez: No. The press was treated just like any other boat
owner. In other words, they were shuttled out, and they were secured with our
people, and they were allowed to take their pictures, and then go on their
way.
Mayor Suarez: I am afraid, Chief, to tell you that that is not the case.
When I was there and the boat owners could not get in, the media was freely
going in and out, but...
171 September 10, 1992
Chief Gimenez: That is the information I am getting from my people.
Mayor Suarez: We were trying to give the National Guardsmen the best norms.
We set up a command post. We did a good job in that sense, and that is the
best we can coo. A lot of people were making decisions of that sort.
Capt. Smith: We had a situation, at Dinner Key Marina in particular, where
preferential allotment of jobs was given to Resolve Towing, Joe Ferrel in
particular.
Mayor Suarez: Resolve?
Capt. Smith: Resolve Towing.
Mayor Suarez: Towing?
Capt. Smith: Towing and Salvage. That is the contractor down there who has
eight barges, 200 foot long, with heavy lift cranes, placing them on like cord
—''
wood, taking them up, opening causeway bridges in front of everybody, and
there is a steady stream of boats exiting Dade County. We are not going to
get the repairs, we are not going to sell the materials to repair these boats,
we are not going to employ the people down south with jobs, entry level jobs,
to grind fiberglass, to do carpentry work. We certainty have plenty of able
bodied people, and needs within this community...
Mayor Suarez: I would like to know, Mr. Manager, as to Dinner Key Marina...
You are talking about our marina?
Vice Mayor Alonso: Yes.
ss
Capt. Smith: Dinner Key Marina. I have...
Mayor Suarez: We have a right to know...
s
Capt. Smith: ... video.
Mayor Suarez: ... how many salvage operations took place by what salvage
companies.
Mr. Odio: OK.
Capt. Smith: Grundy Salvage is also in there. Dick Bunnell was the only
local contractor, and Eppsary Foundation, which is a seawall company off the
Miami River, leased some of his equipment to another competing company. Ft.
Myers Towing... Ft. Myers Towing is in there towing vessels out of the area,
up the intercoastal water that floats... I have video. I went in Sunday.
What I did is I snuck in in one of my tugboats on Sunday, and I use the sneak
in because the Broward County Sheriff's boat is patrolling the mouth of Dinner
Key. I went in in my commercial boat, took out my Handycam, made photographs
of all of these operations going on, got off my boat, talked to Alfredo
Rodriguez on pier 7, and said "What is going on here? He says, I am furious
all these boats are leaving. Make a stink. Do something. Something needs to
be done. I then stand on the dock and I talk to an adiusfnr frnm a Inman,
company in Broward. Joe Ferrel is in his little 40 foot boat, sees me
standing on the dock, comes over and says to Tom, "what is Smitty up to?" Tom
says, "he is complaining they are taking the boats to Broward." Ferrel goes
over the the Broward County Sheriff's boat. Five minutes later the Broward
County Sheriff's boat comes over to me and says, "I am going to ask you to
leave the area unless you are working on a particular salvage job." They
escorted me out of the area. Now I have video that was taken Sunday afternoon
while all of this was going on.
Mayor Suarez: Who was in charge of the marinas down there? I keep hearing Al
Rodriguez's name. The only person I saw when I was down there was Warren
Butler. And I did see you, of course.
Capt. Smith: Raul De La Torres.
Mayor Suarez: And what is Al Rodriguez's role now?
Capt. Smith: ... Is the man that I understand has personally authorized these
companies to come in.
Mayor Suarez: What is Mr. Alfredo Rodriguez's... Wait a minute, sir. What
is... Please. What is Mr. Alfredo Rodriguez's role? I did not see him when I
was down there.
Mr. Odio: I didn't know what he was doing there either.
Mayor Suarez: What is his role with the City? What does he do for us?
Mr. Odio: He is at Public Works somewhere. He is in Public Works.
Mayor Suarez: Does he have anything to do with marinas anymore?
Mr. Odio: Nope.
Mayor Suarez: Nothing at all?
Mr. Odio: No.
Mayor Suarez: OK. What about Warren Butler?
Vice Mayor Alonso: That's a reason why he wasn't there.
Mr. Odio: Warren is running the Dinner Key Boat Yard next door.
Mayor Suarez: OK. That is the former Merrill Stevens.
Mr. Odio: Yes.
Mayor Suarez: Yeah. That is a mess. It is not his fault, that is for sure.
Capt. Smith: Listen, instead of pointing fingers...
Commissioner Plummer: Excuse me. Did I hear Warren Butler.
173 September 10, 1992
Commissioner Plummer: What happen to Monk Terry?
Mr, Odio: 1 told you about three, four weeks ago that he resigned.
Commissioner Plummer: You are right.
Capt. Smith: Monk is in Maine in his boat.
Commissioner Plummer: You didn't tell me who replaced him, but you told me
was leaving.
Capt. Smith: Instead of pointing fingers, please. Let us address the needs
of the community now. The Crandon Park area is now about to be set upon by
these very same Broward contractors. We need to...
Mayor Suarez: We will be happy to share with the County anything that we do,
and I will happy to sign that letter, as I am sure the Commission would,
giving all of the information on local contractors. I don't know that we can
go much beyond that..
Capt. Smith: I understand that.
Mayor Suarez: ... except express a general preference...
Capt. Smith: Right.
Mayor Suarez: ... for local contractors to the insurance companies. We also
want to be alert to anything that will happen in Crandon, and...
Capt. Smith: Crandon is the target area of this very same practice.
Mr. Odio: Mr. Mayor, you might as well add that FEMA (Federal Emergency
Management Agency) or whoever down there has given about ninety million
dollars worth of contracts down in Florida City and Homestead to outside
contractors.
Mayor Suarez: We read about that, yeah.
Mr. Odio: Outside the state. I went to the Everglades migrant camp, the
contractor that was hired there, never showed up, is Carolina Construction
Company.
Capt. Smith: Exactly. It is so widespread and pervasive... It is wrong to
point fingers.
Mayor Suarez: How can we, Captain or Chief, how can we get your counterparts
in the County alerted to what may or may not happen in Crandon? Who is your
counterpart?
Chief Gimenez: Chief Paulson is the Fire Chief, but I am not sure that he has
anything to do with what is going on at their marinas. Their marinas, from
what I understand, is being handled by Boat U.S. That is what we have heard.
"; 174 September 10, 1992
4
Commissioner Plummer: Yeah. But you know...
Chief Gimenez: They have got one... They have given this over to a
contractor and they sort of like backed out, and that contractor is doing all
of their salvage, and giving out all the work in the county.
Mayor Suarez: One contractor?
Chief Gimenez: U.S. Goat U.S.
Capt. Wally Moon: Goats U.S. is a major underwriter in this area, yes.
Commissioner Plummer: Well, but the Corps. of Engineers is also involved,
aren't they?
Capt. Moon: The Corps of Engineers, I saw them, but I didn't see them doing
anything.
Vice Mayor Alonso: Well, I want you to know that also the Dinner Key Marina
there were a lot of problems. We are going to be receiving a letter from the
Mayor of Sweetwater, Matilde Aguirre. She had a very unhappy experience at our
marina.
Chief Gimenez: Yes.
Vice Mayor Alonso: I met her and she said she was sending a letter. She was
going to come today...
Mr. Odio: Well, the Mayor...
Vice Mayor Alonso: ... but she unable to make it.
Mr. Odio: Well, the Mayor...
Vice Mayor Alonso: So we will be receiving a letter. Are you aware of this
case?
Mr. Odio: They called me on her behalf, that she wanted to work after hours
when there is a curfew on the marina...
Vice Mayor Alonso: Well, actually the hour was changed, Mr. Manager.
Mr. Odio: No.
Vice Mayor Alonso: Sometime it was seven o'clock. The next day they changed
it to five o'clock, and people were trying to make arrangements to fix their
boats, and they were switching the time on them. She made arrangements to be
there until seven o'clock and all of a sudden these people came and said she
was going to get, to be arrested if she remains after five o'clock.
Mr. Odio: No.
Capt. Smith: Exactly.
175 September 10, 1992
Vice Mayor Alonso: And you never know when they are going to be changing the
hours.
Capt. Smith: people have been disenfranchised from their property in this.
Mr. Odio: Excuse me, sir. Excuse me, sir. The call that I had about the
Mayor of Sweetwater was that she wanted to work...
Chief Gimenez: After seven...
Mr. Odio: ... after 7:00 p.m., and I told her no.
Vice Mayor Alonso: Actually she had to stop at five o'clock...
Mr. Odio: No. Seven.
Vice Mayor Alonso: ... because the hour was... She came to me. I want you
to know.
Mr. Odio: I explained...
Vice Mayor Alonso: And I don't know why she will have to lie about something
like this.
Mr. Odio: Well. She. They called me on her behalf and I told her that I
think that if we apply the rule to everyone, that she should not be excluded
from that rule, and I would not do it.
Vice Mayor Alonso: The problem was the hour was changed.
Mr. Odio: No. No. It was seven o'clock.
Vice Mayor Alonso: The previous day was seven o'clock, and they had no way of
knowing about these changes unless they are told.
Chief Gimenez: From what I understand is that she wanted to stay there past
seven o'clock and we had said that nobody was going to be there, you know,
after seven. So she was told she couldn't stay there until after seven, and
that.is where the problem came in. She wanted to stay past that time. That
is what I have been told.
Mayor Suarez: What is the reason now, Mr. Manager, Chief, for all of that
National Guard presence in the Dinner Key area, that maybe we couldn't use
those folks, as long as they are willing to be in our City, to direct traffic
and some other more needed and mundane tasks? What are they all doing down
there now?
Chief Gimenez: They are securing access to and making sure that unauthorized
people do not have access to the marina, for safety reasons. That is why.
Mr. Odio: Exactly. There are boats that are open and unattended and people
could 'come in there and take what doesn't belong to them. So we are
protecting, in fact, the property.
176 September 10, 1992
0
Mayor Suarez: Is there any indication that those marinas are more accessible
now than they would be at any other time? Why because some fences have
been...?
Mr. Odio: Well, there are nobody living aboard now. The fences are gone.
Mayor Suarez: You know the argument about people not living there is a tough
one, because all of those live-aboards would like to have done this whole
thing differently. They would have liked to have access from day one.
Chief Gimenez: Right. Yeah.
Mayor Suarez: So I don't think any one of them would have asked for that kind
of protection, that I am aware of.
Chief Gimenez: Yeah. But what they wanted and what was safe are two
different things. I mean we did that as a safety item.
Mayor Suarez: No, sir. No, sir. They are the same thing. If people... If
you are trying to protect people against their own choices, then we are in the
wrong business, Chief. Please, I mean, if people say, look, I am a live -
aboard, and what I want to do is get to my boat, and solve my problems, never
mind the National Guard, I love them to death. Let them go out and do some
necessary tasks. You know, that is...
Chief Gimenez: As long as it is safe, then we will allow that. If it is an
unsafe condition, and they want to go out there, if it is unsafe, then we
won't allow it.
Commissioner Plummer: Huh? Excuse me. You would deny a man the right to his
home?
Capt. Moon: We didn't do that.
Commissioner Plummer: Let him repeat.
Mayor Suarez: No. No. You did do that, Chief.
Capt. Moon: No, no, no. We... The docks...
Mayor Suarez: You did do that. You did do that.
Capt. Moon: The docks were not accessable.
Commissioner Dawkins: Wait a minute. Wait a minute.
Capt. Moon: The planks were all gone. That was the reason we cordoned off
the marina, along with the fuel that was in the marina. We did allow the
owners, by our shuttle, and by our boats that took them so they wouldn't have
to walk down the docks, to go to their boats or their homes and get stuff.
Mayor Suarez: I just asked about the National Guard preventing people from
going...
177 September 10, 1992
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Capt. Moon: What?
Mayor Suarez:,..lnto that area. You told me, or the Chief told me that 1t was
because you want to protect people from doing harm to themselves...
Capt. Moon: Right.
Mayor Suarez: ... and Commissioner said, "Well what about somebody who lives
there?" and you said you are not going to allow anybody who lives there to go
in there...
Capt. Moon: We had a list...
Mayor Suarez: ... to protect them.
Capt. Moon: No. We had a list of like over 60 people that lived in anchorage
out there that we made arrangements...
Mayor Suarez: Well, I am not talking about the anchorage, I am talking about
marinas.
Capt. Moon: ..* to use the dingy docks. The people that lived on those
marinas... you are right. We did deny them access to live in that boat, on
that marina full of fuel.
Mayor Suarez: OK. At this point, right now, are they being denied access to
work on their boats, to go in there, to live on their boats, or anything?
Capt. Moon: No, they are not.
Mayor Suarez: All right. That is what I wanted to clarify.
Capt. Moon: They are being denied access to live on those boats.
Mayor Suarez: So the National Guard is there to prevent those that have no
particular business in that area?
Capt. Moon: That and the owners that want to live on. We are denying access
to an owner that wants to live at...
Mayor Suarez: OK. An owner can not live on his live aboard right now?
Capt. Moon: No, sir.
'Mayor Suarez: All right. Commissioner Dawkins.
Commissioner Dawkins: You know I would like to know what is the difference...
The County is not allowing individuals to live, visit, or be around structures
that are declared unsafe. Now my Fire Department determines the same thing,
that life and property is at stake so, therefore, they are not allowing people
to visit these unsafe structures. The County is being commended, and my Fire
Department is getting beat over the head. I don't understand it.
178 September 10, 1992
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Mayor Suarez: Well, I don't agree with what the County has done at all. I'll
tell you right off the bat for myself.
Commissioner Dawkins: I mean... I understand that, Mr. Mayor, but because
you don't agree with it... We have to have some kind of a system.
Mayor Suarez: But it is not necessarily a system that a Fire Chief decides.
It maybe a system that this Commission decides.
Commissioner Dawkins: Oh, yes. Well, hey. If this... Now. I have no
problems with this Commission telling the Manager to tell the Chief to let
them in there. I don't have a problem with that.
Mayor Suarez: Right.
Commissioner Dawkins: But if the Chief makes a decision, professionally, that
this is what should be done, and we, the Commission, do not tell the Manager
to change it, I mean hey.
Mayor Suarez: Yeah. It is not their fault. I don't even think they should
be...
Commissioner Plummer: You mean if we know about it.
Mayor Suarez: Yeah.
Vice Mayor Alonso: That is right.
Commissioner Plummer: OK? You know it is the same old story. Everybody is
running the show, but nobody ran the show.
Mayor Suarez: The worst thing that was done, since you brought the comparison
with the County up, was to deny people access to their homes in south Dade for
48 hours, and to friends and to other people that wanted to go identify them.
Particularly when a particular municipality in that particular case, the
County, was not even out there. Because the one thing I can say about us, is
we were there, you were there. I saw you and you were reachable by phone.
Chief Gimenez: Yeah.
Mayor Suarez: In fact, maybe you even got there, and many of us were down
there, Commissioners and the Manager, and we were at least on the scene trying
to help you formulate those decision of safety and policy. But what you have
said now is that you still, at this point, don't believe it is safe for the
live aboards to be there. But how about individuals to do their own salvaging
of their own boats and repairs? Right.
Chief Gimenez: If they are not licensed and insured, they don't have the
experience, they are not being allowed to do it themselves.
Mayor Suarez: OK. Do you realize...
Commissioner Plummer: On their own boats?
179 September 10, 1992
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Mayor Suarez: ..♦ that almost by any code
Commissioner Plummer: On their own boats?
Mayor Suarez: ... by any legal code that has ever been devised by man, you
are allowed to work on your own home?
Commissioner Plummer: No, no, no.
Vice Mayor Alonso: What...
Commissioner Plummer: Are you telling me...
Capt. Moon: At this point...
Commissioner Plummer: ... that you are not allowing a man to work on his own
boat?
Capt. Moon: At this point there are boats out there on top of other boats,
and we are not allowing an owner to go out there with a saw or something and
cut his mast off when he doesn't know what he is doing, and drop it on the
other guy's boat.
Commissioner Plummer: I am not talking about the exceptional case. You are
saying to me, or at least I think...
Capt. Moon: There are minor repairs going on by owners right now, but major
salvage work, no. We are...
Commissioner Plummer: Than say salvage work.
Capt. Moon: Right. We are restricting salvage work to licensed and insured
companies to protect the other boat owners.
Commissioner Plummer: But boat owners who are not a salvage have the right to
work on their boat.
Vice Mayor Alonso: Only Broward companies are doing that.
Capt. Moon: Sure. We have boat owners that have been going out there
everyday under a pass system. We shuttle them to their boats. They turn
their pumps on. They patch work. They do minor work on their boats, or take
things out.
Vice Mayor Alonso: Chief, by the way, do you have the list of the percentage
of local companies working in our own marina?
Chief Gimenez: Well, the list that I have is that there is 43 contractors
working the marinas. Of that 19 are in the City, two more are in Dade County,
20'are out of the County, and there is two out of state.
Commissioner Plummer: Yeah. But you see, let me tell you one of the things
Joe are overlooking.
180 September 10, 1992
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41
Vice Mayor Alonso: 0o you have the list with names and address and
everything?
Chief Gimenez: We can get you that list.
Vice Mayor Alonso: I would like to have that.
Commissioner Plummer: One of the things that we are overlooking, I think,
because we are being very very slight in our thoughts. Go out right now under
the the I-95... I am sorry, under the rapid transit between 16th and 17th
Avenue of the tent city, of people here from North Carolina, Georgia,
Cincinnati, that are down there that are the same thing. And you know why
they are making money? Because they are doing it cheaper than the local
people will do it. The local people are not out hustling business. These
people because they drove down here and put out that money are out there, let
me tell you, they are hustling. I had a neighborhood who had an oak tree in
his pool. He got a quote from a local company that we normally do business
with in my neighborhood, who wanted $4,000 to chop up that tree and the roots
to take it out of his pool. He had it done this week for $450 by an out of
towner who came in, same job, same oak tree, same pool. So, you know, when
you talk about the boats, it is not just the boats. I saw companies in here
from Cincinnati, Ohio. From everywhere, Georgia, North Carolina, everywhere
you look around. These people capitalize on the fact that there was money to
be made.
Vice Mayor Alonso: Yeah. We know that.
Commissioner Plummer: That is the private sector.
Capt. Smith: Can I say something else? There is no question that the out of
town, and out of State contractors are going to take a very significant
portion of the rebuilding that is available here. What we asking, on the
Miami River..,
Commissioner Plummer: Not to be denied.
Capt. Smith: Is not to be denied.
Commissioner Plummer: Exactly.
Capt. Smith: We can take 500 boats today...
Mayor Suarez: OK. We are going to do everything you asked us for, including
what will, hopefully, be in the media about this discussion, so that the
County can then kind of pick up on it. But besides that, any letters of
support, any resolutions that you want... Let me say one thing very quickly
about our Fire Marshal and Fire Chief. They demonstrated a great deal of
flexibility, at least to the extent that I was down there, and in one case
when we had solved the formulation of policy, and it seemed to me to make
sense, and everything was set as to how the process was going to work, then
Risk Management got into the act. And I want to ask the Manager who the hell
i.s Risk Management now? I want to know... When I heard about Risk
Management, who was I hearing about? Who is Risk Management? Who does it
respond to? Who heads it?
181 September 10, 1992
Mr. Odio: Risk Management, right now, was moved over to the Fire Department
under Chief Rollason.
Mayor Suarez: OK. So now you will, presumably, have both of those functions,
somehow, I would think maybe the Legal Department made more sense. I could
have sworn we had them under the Legal Department the last time we had a
change, but if it is the Fire Department, at least on these issues, then there
won't be two heads to the monster, it will be just one head, and you will have
to deal with one set of books, and one...
Capt. Smith: We really have no complaints about the Fire Department. They
handled themselves professionally in all good conscience.
Mayor Suarez: That is what I wanted to clarify. Because they, like
Commissioner Dawkins said, they did...
Capt. Smith: Yeah. No. They did a wonderful job.
Mayor Suarez: ... a magnificent job. They allocated a lot of personnel to
this.
Commissioner Dawkins: I still don't see how the Fire Department is in Risk
Management. I really don't. I mean you all can sit up here and say that.
Capt. Smith: Well, listen... There was a need...
Commissioner Dawkins: But I still do not understand how you can take Risk
Management and put it in the Fire Department with all the other things the
Fire Department got to do. I don't see it.
Commissioner Plummer: It will last about as long as the Zoning Department
lasted in the Fire Department.
Vice Mayor Alonso: It was under the Legal Department, was it not?
Mayor Suarez: I kind of liked it under legal, to tell you the truth.
Commissioner Plummer: How long did that last?
Vice Mayor Alonso: It was under the Legal Department before.
Commissioner Plummer: It won't last long.
Capt. Smith: There was a need. A genuine need...
Mayor Suarez: No, sir. This has nothing to do with you Mr. Smith, sir.
Smithy, and all.
Capt. Smith: Well, they did protect a lot of property by what they did.
Vice Mayor Alonso: I think it should be in the Legal Department.
182 September 10, 1992
Mayor Suarez: This has nothing to do with that.
internal thing having to do with Risk Management.
Capt. Smith: OK.
Commissioner Dawkins: Mr. Manager... OK. Go ahead.
This is to do with an
Mayor Suarez: Yeah. I was going to let the lady speak because...
Capt. Smith: OK. Can we get 500 boats up the Miami River?
Commissioner Dawkins: Yeah. Because she has been standing a long... Yeah,
you have to be competitive.
Capt. Smith: We are...
Commissioner Dawkins: You got to be competitive.
Capt. Smith: We are competitive.
Commissioner Dawkins: Then you have got it made.
Capt. Smith: But we have a public relations image problem.
Mayor Suarez: We will support you, sign letters, whatever you want.
Capt. Smith: OK. Who are you going to send them to? I mean I know this is a
well meaning...
Mayor Suarez: To the insurance companies. To the County. To other
municipalities alerting...
Capt. Smith: Can you set up a department, or some staff that will handle this
for us? I mean we need a presence on a phone. I mean we are talking a
billion dollars worth of marine casualty here, and I think we deserve a little
bit more than a casual, "We are going to send out some letterheads."
Mayor Suarez: Mr. Smith, I think that places you under some of our economic
development people, and you have some of them over here on the left. They
should help you, and we are willing to sign those letters, and we are willing
to...
Capt. Smith: Well, I certainly appreciate that.
Mayor Suarez: Yeah.
Capt. Smith: Thank you very much for your time and...
Mayor Suarez: See the guy with the bow tie, back there, he will help you with
that and some...
Capt. Smith: Thank you very much.
183 September 10, 1992
iik�
Mayor ruare , ... and some of the other Economic Development
y p people. Mr.
Dailey is not here, but we have Mr. Castaneda, from Community Development. We
want to keep some of that business, or as much as possible, in the City.
Absolutely. Ma'am.
Ms. Stella Korpela: My name is Stella Korpela. I am also a resident of
Dinner Key Marina, and we also own and operate...
Commissioner Dawkins: Pull the mike to you, please. Thank you
Ms. Korpela: We own and operate a family business of search and rescue towing
and salvage work boats, and I pretty much... Mr. Smith pretty much said
exactly what is going on. We did talk to the insurance companies. We did
tell them you should give some of the work locally. I have a friend in
Homestead who does the same business I am, and he is sleeping on the asphalt
right now trying to go to work, and he hasn't been given one job. We received
two, three, possible jobs from the insurance companies. They were token jobs.
We have another resident who works out of Haulover,...
Commissioner Plummer: Why? There has got to be a reason why.
Ms. Korpela: ... and he is doing the same type of business, and this company
from Ft. Lauderdale told him to get out of the way. This is his backyard. He
has lived there. He has worked there. He is going to stay there. And I
think, yes, they do come from Georgia,...
Commissioner Plummer: I am sorry but there has got to be a reason why.
Ms. Korpela: ... and they do come from North Carolina, but when they go home
with the money...
Commissioner Plummer: Excuse me.
Ms. Korpela: ... they don't take that much to live.
Commissioner Plummer: Why?
Ms. Korpela: Here it does.
Commissioner Plummer: Why are they doing business with Broward County?
Ms. Korpela: Why?
Commissioner Plummer: There has got to be a reason.
Ms. Korpela: Why?
Mayor Suarez: Insurance companies deal with certain salvage companies. There
is no doubt about it. Whether there is any money...
Commissioner Plummer: But, Mr. Mayor...
Mayor Suarez: ... exchanging hands or not, I don't know.
184 September 10, 1992
13
Commissioner Plummer: There has got to be a reason.
Ms. Korpela: We can be Competitive. We all can be competitive.
Mayor Suarez: All right, but you have got to get to the Insurance
Commissioner too. We can recommend. We can suggest. We can send lists. We
can take a chance and say all of these people are certified, and if it turns
out one of them actually turns out to be not so good, we may have some risk,
et cetera, et cetera. God help us with Risk Management then. But the
Insurance Commissioner has to get into the act, because somebody is going to
have to have hearings and find out whether...
Ms. Korpela: Why?
Mayor Suarez: ... insurance companies are, in fact, very linked with salvage
companies. And what I am hearing reflects some of that now. If there is
another jurisdiction with a police type, marine patrol type boat out there
that is, you know... We welcome them with open arms. We are pleased to have
Broward County, et cetera...
Ms. Korpela: The help we need is not...
Mayor Suarez: But if it turns out...
Ms. Korpela: ... the work we need.
Mayor Suarez: ... that that person is leading a group of salvage companies,
or whatever, to bring back shipyard work to Broward then that is not what that
marine patrol is supposed to be doing. And then we got problems with Broward
County. So, I am very interested in that whole thing, and the Manager, and
the Fire Department, and the other people involved in this, the marina dock
masters and administrative personnel should look at that because I would like
very much to know exactly what that boat was. Presumably there is no more
Broward Marine Patrol units down here now are there?
Ms. Korpela: No. I think I saw some yesterday, but also I have to agree with
Mr. Smith. Half of the boats are now in Ft. Lauderdale. There not...
Mayor Suarez: Right. Well, like...
Ms. Korpela: And that they are eventually inspecting all of us, right down
the line.
Mayor Suarez: Yeah. Like he said before, there's not much we can do about
that after the fact. We can prepare for the future though.
Ms. Korpela: That's true. Our next step, if we ever get hit again, we'll be
smarter to Broward's tactics.
Mayor Suarez: Yes, exactly ma'am. All right. Commissioner Dawkins.
Commissioner Dawkins: Mr. Mayor, I'd like to make an announcement. I will be
leaving at 8:00.
185 September 10, 1992
W
Mayor Suarez: All right, sir.
Commissioner Dawkins: OK. Thank you.
Mayor Suarez: Okay, ma'am. And the waterfront board, please give us all of
the long-term reforms that this particular issue merits. Do an analysis,
step-by-step, what we did right, what we did wrong. Mostly, compared to the
County, I think we were very expeditious, very accommodating. But, to the
extent that we should have been a little bit more flexible .... or more careful
that out-of-town companies didn't monopolize the business, what concrete
things can we do, other than write letters now and tell the insurance
companies about it, and maybe get the Insurance Commissioner involved? So,
please bring that back to us and if you want to say one quick thing about it.
Mr. Bill Harrington: I'm Bill Harrington. I'm a rather junior member of the
Waterfront Advisory Board. Our peerless leader, Frank Albritton, I don't
think the guys from the station four have seen him more than a couple of times
since the hurricane. He's lost home. You heard that Dick Bunnell is working
very hard in pre -keeping business here. I can te11 you that by now,
Commissioner Dawkins, made a comment that our people weren't hustling.
Bunnell made a comment a couple of weeks before. If we had a hurricane, he
was ready, and he would be in a position to prosper. It's a pride thing, but
he was... Now, Mr. Mayor, I've got a couple of, three things. I have to say,
I went to Dinner Key and the boat yard a couple of times, and the City
employees really deserve to be commended as you have. I won't dwell on that.
There are a couple of constructive recommendations that I think that you can
deal with today. One is that, by computer I presume, the rent bills for the
City marinas went out on September 1st. I think it would be symbolic, but
constructive, if... and, Mr. Odio, can you respond to that?
Mr. Odio: Yeah. I don't have the right to waive those. Only the City
Commission would, to waive rent on the marina.
Mr. Harrington: Yeah.
Mr. Odio: I don't have that right. I don't.
Mr. Harrington: I understand, but the Commission could...
Mr. Odio: The Commission...
Mr. Harrington:
Mr. Odio: Yes.
...resolve to...
Mr. Harrington: ...waive...
Mr. Odio: Yes, sir.
Mr. Harrington: ...September 1st rent.
Mr. Odio: Yeah, they can.
186 September 10, 1992
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Y
Mr. Harrington: The people aren't going to pay it. they aren't there. But I
think symbolically, let's face it, the residents of our marinas are some of
our best --paying customers. And, in ordinary times, the marinas are some of
the most productive income sources that our City has. Is that not correct?
Mayor Suarez: I have no problem with it.
Mr. Harrington: OK.
Mayor Suarez: I think it would create an incentive for a lot of them to come
back rather than just break their leases and sort of go away if they lost
their boats. And I think...
Mr. Harrington: Yeah.
Mayor Suarez: ...we'd have a tough time collecting against them if they don't
have a boat any more...
Mr. Harrington: Right.
Mayor Suarez: ...and if they're about to purchase a new one. So...
Mr. Harrington: I think...
Mayor Suarez: I would have no problem with it. You might want to deal with
some of the other members of this Commission who, you know, want to consider
the economic consequences.
Mr. Harrington: OK. But...
Mayor Suarez: But you're right, they've been profitable for us, they've done
well. The least we can do is give them a break. Go ahead.
Mr. Harrington: Yeah. And the second, and a very tangible thing is, that my
understanding is that tenants of the marinas have deposits equal to two months
rent. Is that correct, Mr. Odio?
Mr. Odio: Yes.
Mr. Harrington: OK. These people, if they've survived, cannot stay at Dinner
Key or Miamarina, because they're closed. Is that correct?
Mr. Odio: Well, let me say...
Mr. Harrington: Yeah, come on.
Mr. Odio: ...something that he just said...
Mr. Harrington: No.
Mr. Odio: ...that the bills went out August 16th. So, I don't want
anybody...
Mr. Harrington: Yeah, yeah.
187 September 10, 1992
I
Mr. Odio: ...to think we sent them out September 1st,
Mr. Harrington: No.
Mr. Odin: They went out August 16th,
Mayor Suarez: What he's saying is that a new notification that
September would be waived. says y that
Mr. Alberto Ruder: OK, what was your...
Mr. Harrington: Is that fair enough?
Mr. Ruder: Yeah.
Mr.
Harrington:
OK. And the second one...
Mr.
Ruder:
Is
the deposit.
Mr. Harrington: ...is that this two month deposit. These people who
survived have got to go elsewhere because we can't accommodate them. Is have
that
right, Al?
Mr. Ruder: Right.
Mr., Harrington: OK. So, I would advise you, a request, that you return
request, the two months deposits to the boat owners. If they're gone, if�on
the
boat's destroyed, they're entitled to that deposit back.
Mayor Suarez: Do we need Commission action on that or is that somethin
City Attorney and the Manager should review and act on? 9 the
Commissioner Plummer: Wait. Are we talking about the boats that
we talking about the boats that possibly stayed and created $4,000,OOO.wAre
orth
of damage, to give those people their money back? Is that what we're talking
about? ing
Mr. Harrington: I think you've... Commissioner Plummer, I think
got... I can, off the top of my head, think of two, or three you've
categories and... , or four
Commissioner Plummer: Well, I'm thinking that if people left...
Mr. Harrington: ...specifically the ones who have left...
Commissioner Plummer: ...and are not coming back.
Mr. Harrington: ...can't come back.
Commissioner Plummer: They should get their money back, no question.
9j,d^5f.
188
September 10, 1992
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Mr.
Harrington: OK. And you deal with
how my understanding was
that the City
was
going to have sort of a reverse class action suit against
the boats who
had
stayed there and caused damage.
Commissioner Plummer: Oh that...
Mr. Harrington: That's an other issue and I understand...
Commissioner Plummer: Sure.
Mr. Harrington: ...where you're coming from. So, let's stick with the
category of people who left, can't come back and they've got to make
deposits...
Commissioner Plummer: Elsewhere.
Mr. Harrington: ...in other marinas...
Commissioner Plummer: Sure.
Mr. Harrington: ...commercial marinas somewhere.
Commissioner Plummer: They should get their money back immediately. It
shouldn't take any action with this Commission.
Mr. Harrington: That sounds great. Another question that would help the
boating community, I believe, would be to make as best a determination,
through the administration, as to when the marinas will reopen. I think this
would help the boating community that were worried about...
Mayor Suarez: I'll tell you what. Dinner Key cannot be that faraway. I
mean, I know we've got to make claims. I know we need FEMA (Federal Emergency
Management Agency) money.
Mr. Odio: No, we...
Mayor Suarez: And I know... But Dinner Key...
Mr. Odio: Only...
Vice Mayor Alonso: ...they don't.
Mayor Suarez: ...Marina itself, cannot be that far away.
Mr. Odio: Well only, from...
Commissioner Plummer: Four million dollars?
Mr. Odio: ...what I understand, I have not walked the piers except for half
of one. All the finger piers are gone. There is $4,000,000 of damage in the
marina.
Mayor Suarez: All the finger piers are not gone in Dinner Key Marina.
189 September 10, 1992
1
Mr. bdio: No, I said most finger piers are gone. Do you know what the little
piers on the side? Yeah, I'll...
Mayor Suarez: Well, maybe I just didn't see...
Mr. Ruder: Yes, the...
Mayor Suarez: ...them there, because they're gone, but I...
Mr. Ruder: Structurally the marina, thank God, did not suffer too much
damage. "The...
Mayor Suarez: And those little boards that cover the...
Mr. Ruder: Plank...
Mayor Suarez: ...wiring and the piping...
Mr. Ruder: Right.
Mayor Suarez: ...can be replaced very quickly.
Mr. Ruder: The electrical... There are some problems with the electrical
lines.
Mayor Suarez: Do you have any estimates that you care to give, or that the
Manager would want you to give? Or just sort of a general statement at this
point?
Mr. Ruder: Well...
Mayor Suarez: At Dinner Key.
Mr. Ruder: At this time, we would have, I would say, maybe a minimum of six
months. Although we may start out completing piers.
Vice Mayor Alonso: So long?
Mr. Odio: It's damaged.
Commissioner Plummer: Four million, hey... Four million dollars worth of
repairs.
Mr. Ruder: We may be completing piers earlier...
Mayor Suarez: All right.
Mr. Ruder: ...and phasing in the work. The evaluations are not in yet so I
really would rather not give you a set...
Mayor Suarez: You gave...
Vice Mayor Alonso: Mr. Ruder...
190 September 10, 1992
Mayor Suarez: You gave a very conservative estimate there.
Mr. Ruder: Yeah.
Vice Mayor Alonso: Mr. Ruder, why didn't we remove the wood. You see the...
Mayor Suarez: ...the planks. Yeah.
Vice Mayor Alonso: ...concrete is in the sides and then the wood in the
middle. Wasn't it built to be removed in a case like this?
Commissioner Plummer: No.
Mr. Ruder: It was really built that on shock... It was a revolutionary
design that many marinas don't have. And it was designed so that in shock, or
in a hurricane, it would pop up so you wouldn't lose, but each of those boards
weighs about, what? About 300 pounds?
Mr. Odio: Yes.
Mr. Ruder: Two hundred pounds and...
Mr. Odio: The damage...
Mr. Ruder: ...it was just physically...
Mr. Odio: The damage to the marina was caused by the boats that stayed.
Mr. Ruder: Right.
Commissioner Plummer: That's right.
Mr. Odio: And nothing else.
Mr. Ruder: And most of those boards are going to be recovered. They're under
water. They're being recovered now.
Vice Mayor Alonso: But the boards were not made in a way to be removed?
Mr. Ruder: Not really.
Vice Mayor Alonso: Was that the intent?
Mr. Ruder: From what...
Vice Mayor Alonso: I had the idea that it was.
Mr. Ruder: From what I...
Mayor Suarez: How are they secured? Because, you're saying that...
Commissioner Plummer: They're not.
Mayor Suarez: You're saying two things that are somewhat contradictory.
191 September 10, 1992
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Vice Mayor Alonso: They were not secured.
Mayor Suarez: They were built to come off with the wind...
Mr. Ruder: No, no.
Mayor Suarez: ...but not to come off with a screwdriver.
Mr. Ruder: Yeah, there's no...
Vice Mayor Alonso: Because when they fly, it's very dangerous.
Mr. Ruder: They were just built that on shock, or as a result of wind or
something hitting it, they would pop up instead of the way marinas in the past
have been designed, where once a boat hits it, the whole deck, the whole
section would fall including the plank. So, it was designed in a way that on
heavy shock, from either a boat or from winds, it would just pop up so it
could be recovered and put back in. And that's why...
Vice Mayor Alonso: Did it happen?
Mr. Ruder: Yeah. We11, yeah. I mean, most of the wood is going to be
recovered. It's in the process of being recovered and that's a...
Mayor Suarez: And you're pretty sure most of it did not become projectiles
and...
Mr. Ruder: Right.
Mayor Suarez: ...pop up, and really pop all over the place.
Vice Mayor Alonso: Oh, they certainly were.
Mr. Ruder: There was...
Mayor Suarez: A few of them were kind of flying around.
Mr. Ruder: Yeah. There were some that flew around but, in general, we're
going to be recovering most of it and that helped a lot, to tell you the
truth.
Vice Mayor Alonso: But the idea was, for example, at City Ball, there were
some of them in that section.
Mr. Ruder: Right.
Vice Mayor Alonso: Was that the intent when it was built?
Mr. Ruder: I'm not an engineer so I really can't answer that. Maybe someone
from Public Works. That's what I've been told that it was designed...
Mayor Suarez: The old pop-up piers concept.
192 September 10, 1992
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Mr6 Ruder: Yeah,
Mayor Suare2: OK.
Vice Mayor Alonso: It seems to me that it's a very dangerous concept.
Mr. Ruder: Yeah. We have...
Vice Mayor Alonso: If it was planned to be that way...
Mr. Ruder: Yeah...
Mayor Suarez: It would have been nice to be able to unscrew them all and just
pack them up somewhere...
Mr. Ruder: Yeah.
Mayor Suarez: ...and put them in a tittle corner.
Mr. Ruder: You've got to remember...
Commissioner Plummer: Those are not even screwed down. No, sir. They're
loose.
Mayor Suarez: Unless they were supposed to protect...
Vice Mayor Alonso: Something.
_i Mayor Suarez: ...the tubing underneath...
Mr. Ruder: Yeah. I think Jim can...
Mayor Suarez: ...or something other, until they popped up. But they sure
popped up Al.
Mr. Jim Kay: You still had to have access to those piers, as long as they
could have access, prior to the storm, because people were walking, still
walking out on those piers.
Mayor Suarez: This is the old...
Mr. Kay: So, to take them up...
Mayor Suarez: The old...
Mr. Kay: ...to take them up at one point...
Mayor Suarez: ...we didn't have enough to remove them so we designed...
Commissioner Plummer: But they were designed for those boards to come off.
Mayor Suarez: ...them to pop up on their own and become projectiles. All
right?'
193
September 10. 1992
to G} 1
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Commissioner Plummer: Easily replaced.
Mayor Suarez: Look, we didn't do badly in that marina.
4
Mr. Ruder: No.
Mayor Suarez: So, to the extent that any of you all were involved in the
design of that...
Commissioner Plummer: We didn't do bad. Four million dollars.
Mayor Suarez: ...something was done right there.
Mr. Kay: The planks are heavier than water...
Commissioner Plummer: We didn't do bad. Four million dollars of damage.
Mr. Kay: ...much heavier than water. And, as Mr. Ruder said, most of them
will be recovered.
Mayor Suarez: I'm sorry.
Mr. Kay: The wood planks are much heavier than water. And most of them on
the bottom and, will be recovered.
Commissioner Dawkins: We can start our... We can start our 4:00 agenda.
Mayor Suarez: Is that your way of saying that you're tired of hearing about
pop-up planks?
Commissioner Dawkins: Yeah. We can start our 4:00 agenda.
Commissioner Plummer: Four -fifteen.
Mayor Suarez: All right. Thank you, everyone, on this issue and don't
hesitate to...
Commissioner Plummer: Four o'clock.
Mayor Suarez: OK. You need a vote...
Mr. Kay: Yeah, just to... j
Mayor Suarez: ...on the issue of a waiver for September rent.
I
Mr. Harrington: Sir? That six months reopening of Dinner Key seemed
disastrous.
Vice Mayor Alonso: Yes.
Mr. Odio: Well, it is at the top. It's the number one priority in the City
and that's what we did tell FEMA that is number one. And it has been
Inspected by FEMA.
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194 September 10, 1992
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Commissioner Plummer:
Oh, that's a bad statement.
Mr. Odio., But as we
looked more and more, there's more damage to it than I
thought.
Commissioner Plummer:
Mr. Manager...
Mr. Odio: Yeah.
Commissioner Plummer:
Please reconsider that statement. That is not your
number one priority in
this city.
f
Mr. Odio: We...
Commissioner Plummer:
The number one priority that i know is our tr in t
get this City cleaned up. y y g o
Mr. Odio: Well, that's...
Commissioner Dawkins: To do what, J.L.?
Mayor Suarez: Clean up.
Commissioner Plummer: Well, I know what I'm going read the paper tomorrow.
Mr. Odio: No, no. I'm talking about...
Commissioner Plummer: Your number one priority is going to be the marina.
Mr. Odio: ...the rebuilding, J.L. The clean up...
Commissioner Plummer: You didn't say that.
Commissioner Dawkins: And the number one priority for cleaning up is, as soon
as we clean up...
Mr. Odio: Yeah.
Commissioner Dawkins: ...then the Florida Power and Light trucks can get in
there and perhaps try to hook people up for power. But they can't get in
there over the trash?
Mr. Odio: It has nothing to do with the cleaning up, J.L. I'm talking about
rebuilding.
Commissioner Plummer: You didn't say it.
Mayor; Suarez: Al, seriously and realistically...
Commissioner Plummer: Cesar, you didn't say it.
Mayor Suarez: ...you may be able to do a lot better than six months. There
is nothing to delay...
195 September 10, 1992
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Mr. Ruder! Yeah,
Mayor Suarez: ...us on this.
Commissioner Plummer: Come on.
Mayor Suarez: I mean, there's no administrative decision that you need undone
or anything that says you can take all the time in the world because...
Mr. Ruder: When 1.6.
Mr. Odio: Well, yes. Item 14 will deal with that and we have to deal with
that. Let me tell you something else that...
Mayor Suarez: But how does Item 14 deal with it?
Vice Mayor Alonso: Let me see.
Mr. Odio: Well, it's emergency...
Commissioner Plummer: Circumvents the City Commission.
Mr. Odio: ...circumvents the waiver, the bids process to an extent...
Commissioner Plummer: So what I'm saying...
Vice Mayor Alonso: That was done, so what difference does it make.
Commissioner Plummer: I'm saying...
Mr. Odio: ...at which I'm not willing to do in some cases, but the...
Mayor Suarez: That was very subtle, a very subtle way of getting to the next
item.
Mr. Odio: No, no.
Mayor Suarez:
it's 4:00...
That's almost as subtle as Commissioner Dawkins saying that
Mr. Odio: You know, Mr. Mayor...
Mayor Suarez: ...and we can get on to the 4:00 item.
Mr. Odio: ...we are bound also, I want them to hear this, by both FEMA and
the insurance company, that we must proceed with a... as fast as possible, to
repair this marina so we lose the coverage we have on loss of business.
Mayor Suarez: Right.
Mr. Odio: If we don't show good effort, a good faith effort, to rebuild
quickly, we will lose the insurance.
f
196 September 10, 1992
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Mayor Suarez: Where's also an opportunity cost. I think that's what you were
hinting at from the Waterfront Board. If we manage to get that marina in
shape quicker than a lot of the others, we're going to show the ability, and
the responsiveness, and the money -making potential that other marinas will not
show.
Mr. Odio: I agree.
Mayor Suarez: And that is a well-built marina. It's new and I think it stood
well 1n the hurricane. And it's too bad the boats were still there, because
if they hadn't been, I think we would have... except for those planks that
were flying around, and a few benches and stuff, I think we would have done
extremely well.
Commissioner Plummer: But I don't know. I never saw it. I never got it.
Well you know, let me tell you...
Mayor Suarez: See if it's off...
Commissioner Plummer: I think it stands to reason that this City would love
to see that marina back in operation today. It's a source of revenue...
Mayor Suarez: Right.
Commissioner Plummer: ...to the City and we need revenue. So, it's not a
matter that we're going to sit by and let it go by the Board. We need that
revenue very, very badly.
Mayor Suarez: Right. OK. On Item 14, which apparently is at least one...
I'm sorry, do you need a vote on that issue of the waiver for a September
rent?
Mr. Odio: Yeah.
A. Quinn Jones III, Esq. (City Attorney): Yes.
Mayor Suarez: We can't leave that as an administrative decision...
Mr. Jones: Well...
Mr. Odio: No, sir.
Mayor Suarez: ...for those that would make sense to waive...
Commissioner Plummer: ...but not department heads.
Mayor Suarez: ...because they've had to...
Mr. Jones: Well, you've got the City Code, as I understand, sets the fee
structure. So, there needs to be a finding by this Commission if you want to
waive that, in the form of a resolution.
Mayor Suarez: Even though we've created, or experienced an impossibility of
performance. I mean, it just simply cannot be there.
197 September 10, 1992
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Mr. Odio: But wait a minute. If you have a question. There are boats that
were...
Mayor Suarez: We can tell you that to the extent that the marinas are not
open, we should not be charging rent.
Mr. Odio: But there are boats that were not harmed, that are still using the
slip, sir.
Mr. Jones: Yeah.
Mayor Suarez: OK. So it will give you the ability within that to decide
which ones should have the waiver of rent, within the... Or do you need a
resolution to that effect, Mr. City Attorney?
Vice Mayor Alonso: Do they have electricity?
Mayor Suarez: Could you guys work on it and get back to us maybe, by the end
of the afternoon? What makes sense...
Commissioner Plummer: A waiver of rent for what reason?
Mayor Suarez: For the ones that have lost their boats and might want to come
back.
Commissioner Plummer: A waiver?
Mayor Suarez: I think that's one of the cases you were talking about. Right?
Mr.
Odio: Well,
they're
not...
Mr.
Harrington:
And
the
other one Commissioner...
Mr. Odio: They're not going to be using the slip.
Mr. Harrington: The other one that Commissioner Plumper defined very
precisely is the people...
Mayor Suarez: ...has been damaged by the neighbor?
Mr. Jones: Is it a waiver, or giving them their deposit back?
Mr. Harrington: ...the people who could request their deposits. Either they
left and helped the City...
Mayor Suarez: That could be done administratively. We figured that could be
done administratively.
Commissioner Plummer: That should be done.
Mr. Harrington: Oh, you did?
Mayor Suarez: Yeah.
198 September 10, 1992
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Mr. Harrington: Oh, great. 'Thanks.
Commissioner Plummer: That should be done administratively. That's the
procedure.
Mayor Suarez: Well, on a waiver of rent, if there's anything that we need to
act on, let us know. And, otherwise we proceed to Item 14. I can't imagine
that we have anything left that we haven't touched upon in this area, but
please feel free to deal with Mr. Ruder. Sir, see if there's anything else
that we can do for you. And if there's anything that needs legislative action
let us know.
------------------------------------------------
27. WAIVE COMPETITIVE SEALED BIDS REQUIREMENT -- ACCEPT PROPOSAL FOR
ACQUISITION OF SERVICES, EQUIPMENT, GOODS AND/OR MATERIALS AS MAY BE
REQUIRED FOR BURDEN RELIEF AND DISASTER ASSISTANCE DUE TO DAMAGE CAUSED
BY HURRICANE ANDREW -- CONFIRM FINDING THAT VALID PUBLIC EMERGENCY
EXISTS -- AUTHORIZE MANAGE TO UTILIZE CITY FORCES IN RESPONSE TO SAID
DISASTER AS REQUIRED -- PERMIT MANAGER TO PROCEED WITHOUT EXPRESS
COMMISSION APPROVAL IN EXECUTION OF PURCHASE ORDERS / CONTRACTS WHERE
CONTRACT / AWARD DOES NOT EXCEED $150,000 FOR NONREIMBURSABLE EXPENSES.
------------------------------------------------------------------------------
Mayor Suarez: Item 14. Resolution. Competitive bid and selection procedures
and ratifying Manager's finding of emergency. Waive...
Commissioner Dawkins: How...
Mayor Suarez: Yes.
Commissioner Dawkins: How long will this be for? Thirty days? Forty days?
Forty-five days? For what?
A. Quinn Jones III, Esq. (City Attorney): Well, that's what... Commissioner,
that's what needs to be determined.
Commissioner Dawkins: That's what I'm... I'm not asking you, sir. I'm
asking my Commissioners.
Commissioner Plummer: Well, I would say from Commission meeting to Commission
meeting.
Commissioner Dawkins: OK. I have no problem with that.
Mayor Suarez: From regular Commission meeting, regular Commission meeting.
Vice Mayor Alonso: Yes.
Commissioner Plummer: Regular Commission meeting to Commission meeting.
199 September 10, 1992
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Mayor Suarez: Not every 14 days, please.
Mr. Cesar Odio (City Manager): Well, then there's...
Commissioner Plummer: Do you want it every 30 days?
Mayor Suarez: Yes, please.
Commissioner Plummer: That's fine with me.
Mr. Odio: Let me tell you something, Mr. Mayor. I have a problem in awarding
contract, let's say, for the marina, say we have to award a contract for
$4,000,000, I have a problem with that. Me. I don't want to do it. I don't
want the...
Commissioner Dawkins: Well, you said 150,000 so why are you getting the
4,000,000?
Mr. Odio: No, this is other, sir...
Commissioner Dawkins: This says 150,000.
Mr. Jones: That's for non -reimbursement.
Mr. Odio: That's why I put $150,000.
Commissioner Dawkins: Beg your pardon?
Mr. Odio: That's exactly why I just...
Commissioner Dawkins: Well, we're not discussing anything but 150,000.
Mr. Odio: Well, that's why I wanted to clarify.
Commissioner Dawkins: OK. We have... We're discussing nothing here but
$150,000 contract.
Mayor Suarez: Very good.
Mr. Odio: That the big contracts would have to come to the Commission.
Commissioner Dawkins: To us.
Mayor Suarez: All right.
Commissioner Dawkins: I got no problem with that.
Mayor Suarez: As to those limitations, I'd entertain a motion, with the
understanding that it's for 30 days.
Commissioner Plummer: Wait a minute. I have an amendment that the 30 days,
of course, is part of it, and the note... The Manager...
200 September 10, 1992
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Mayor Suarez: Make the SO days... Make the 30 days automatically renewable
unless this Commission acts on it, please.
Commissioner Plummer: That's fine.
Mr. Odio: The only...
Mayor Suarez: So that they don't have to bring a resolution each time.
Mr. Odio: For your information, the only thing that I have contracted, or
will contract, is on the cleanup areas where we need trucks or front-end
loaders...
Commissioner Dawkins: Local.
Vice Mayor Alonso: Local.
Mr. Odio: ...trucks and front-end loaders and...
Commissioner Dawkins: Mr. Manager, we're going to leave it to your discretion
to do whatever you have to do for $150,000 to put this City back in order.
Commissioner Plummer: My...
Commissioner Dawkins: Go right ahead, Mr. Plummer.
Commissioner Plummer: My portion to it...
Mr. Odio: What...
Commissioner Plummer: ...shall be that any contract the Manager lets, that he
will notify the Commission the same day, in writing, that he did such.
Mr. Odio: But I don't know and I need some time...
Commissioner Dawkins: OK. I have no problem with that.
Mr. Odio: ...because to find out if during the hurricane, and after, whether
we spent more than $150,000. I don't think so.
Mr. Jones: For non-reimbursables? R
Mr. Odio: For non... No, everything that we've done is reimbursable. And,
by the way...
i
Commissioner Dawkins: Wait a minute now, are you saying that...
Mr. Odio: I just want...
Commissioner Dawkins: ...you want us to approve any emergency...
Mr. Odio: During...
Commissioner Dawkins: ...bids that you left up to today...
201 September 10, 1992
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Mr. U010: TO May.
Commissioner Dawkins: ...and that anything over $150,000 you can do, but _
anything...
Mr. Odio: Yeah.
Commissioner Dawkins: ...from today on, over $150,000...
Mr. Odio: Yeah.
Commissioner Dawkins: ...you have to bring back to us.
Mr. Odio: Yes. And I'll be glad to provide you the vouchers that were
signed.
Commissioner Dawkins: Mr. Manager, tell me yes or no.
Mr. Odio: Yes, yes.
Mayor Suarez: OK. That's right.
Commissioner Dawkins: OK?
Mr. Odio: Yes.
Mayor Suarez: That's it.
Mr. Odio: Yes.
Commissioner Dawkins: All right. Thank you, now.
Mr. Odio: I don't think we...
Mayor Suarez: All right. We have a motion, do we?
Commissioner Dawkins: Yes, sir.
Mayor Suarez: Seconded by the Vice Mayor. Call the roll on the motion.
202
September 10, 1992
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-551
A RESOLUTION, BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE
MEMBERS OF THE CITY COMMISSION, WAIVING FORMAL
COMPETITIVE BID AND SELECTION PROCEDURES FOR THE
ACQUISITION OF SUCH SERVICES, EQUIPMENT, GOODS AND/OR
MATERIALS AS MAY BE REQUIRED FOR BURDEN RELIEF AND
DISASTER ASSISTANCE DUE TO THE DAMAGE CAUSED BY, AND
AFTERMATH OF, HURRICANE ANDREW; RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S WRITTEN FINDING THAT
A VALID PUBLIC EMERGENCY EXISTS JUSTIFYING SUCH WAIVER
FOR SAID BURDEN RELIEF AND DISASTER ASSISTANCE;
AUTHORIZING THE CITY MANAGER TO UTILIZE CITY FORCES IN
RESPONSE TO SAID DISASTER AS MAY BE REQUIRED;
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S
PREVIOUS EXPENDITURE OF MONIES FOR CONTRACTS AND
AWARDS IN CONJUNCTION WITH SAID BURDEN RELIEF AND
ASSISTANCE; AUTHORIZING THE CITY MANAGER TO ACCEPT THE
MOST REASONABLE, RESPONSIVE AND RESPONSIBLE BIDS) FOR
NECESSARY IMPROVEMENTS, SERVICES, EQUIPMENT, GOODS
AND/OR hATERIALS ASSOCIATED WITH SAID BURDEN RELIEF
AND DISASTER ASSISTANCE; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE NECESSARY AGREEMENT(S), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR PROFESSIONAL
SERVICES, AS MAY BE REQUIRED FOR SAID PURPOSE; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS
AND/OR PURCHASE ORDERS FOR ACQUISITION OF SUCH
SERVICES, EQUIPMENT, GOODS AND/OR MATERIALS AS MAY BE
REQUIRED; PROVIDING THAT THE CITY MANAGER BE PERMITTED
TO PROCEED IN THE FUTURE WITHOUT EXPRESS CITY
COMMISSION APPROVAL IN HIS EXECUTION OF SUCH PURCHASE
ORDERS, CONTRACTS AND/OR AGREEMENTS AND IN HIS
EXPENDITURE OF MONIES FOR SAID CONTRACTS AND AWARDS IN
CONJUNCTION WITH SAIL BURDEN RELIEF AND ASSISTANCE
WHERE SAID CONTRACT OR AWARD DOES NOT EXCEED $150,000;
INSTRUCTING THE CITY MANAGER TO SUBMIT TO EACH
COMMISSIONER A COPY OF EACH CONTRACT AND PURCHASE
ORDER ISSUED PURSUANT TO THIS RESOLUTION THE SAME DAY
SAID CONTRACT, PURCHASE ORDER AND/OR AGREEMENT IS
EXECUTED BY HIM; FURTHER PROVIDING THAT THIS
RESOLUTION SHALL BE VALID FOR THIRTY (30) DAYS AND
AUTOMATICALLY RENEWED EVERY THIRTY (30) DAYS UNTIL
FURTHER ACTION BY 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:
203 September 10, 1992
i
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: Mr. Manager, does this include, by the way, any of the
equipment that is going to be rented or needed to continue the cleaning up of
the debris?
Mr. Odio: Yes. That's what I'm using this for mainly. The rebuilding...
Mayor Suarez: All right.
Mr. Odio: ...which is under Chief Rollason and a task force with FEMA, will
come to you, because you're talking about a lot of money.
Mayor Suarez: OK. But on the pickup of the debris, and the branches, etc...
Mr. Odio: That is what is included.
Mayor Suarez: We need to know...
Mr. Odio: Yeah.
Mayor Suarez: ...not only how many resources you're applying to the task...
Mr. Odio: Right.
Mayor Suarez: ...but we need to know the same kind of information that should
have been provided and never really was too well, unless you called in and got
all kinds of information, as to electricity, as to power hookups, we need to
know what neighborhoods are being worked on.
Commissioner Plummer: The City is in good shape. The City of Miami is in
good shape.
Mr. Odio: OK. I can tell you that. That's easy but...
Mayor Suarez: Now, I saw the Roads there, that area was very clean, on the
east side of 12th Avenue. That's great.
Mr. Odio: As of...
Mayor Suarez: But people are out there, very interested in knowing when their
particular neighborhood will be clean and what system we're...
Mr. Odio: Well, we are hitting today every area in Little Havana. We are
hitting one area specifically that I travelled yesterday, which is from
Flagler to 7th Street...
204 September 10, 1992
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Mayor Suarez: Do you have any problem...
Mr, Odio: ..612th to 27th.
Mayor Suarez: ...procedurally, or mechanically, or administratively, in
faxing to each one of us on the Commission the progress of the cleanup?
Mr. Odio: No. No, I have no problem with that.
Mayor Suarez: So that we can answer people's questions, when they...
Mr. Odio: No, I think it's a good idea. What I'm trying to do today was
getting more local contractors to put, in the South Grove, between Le Jeune
Road and 37th Avenue, Ingraham to U.S. 1, its... We need to hit that area
quickly, Mr. Mayor. We have a fire hazard. We've been having... We have
firemen on towers watching that area.
Commissioner Plummer: Mr. Manager, may I...
Vice Mayor Alonso: Yeah.
Mr. Odio: We have contractors coming in there today.
Commissioner Plummer: May I, at the sake of your bristling on me...
Mr. Odio: What?
Commissioner Plummer: I think it was a very good thing that the City of Coral
Gables did. They sent a letter out to all of their residents, asking them to
daily water the piles of debris until such time as they're picked up, to avoid
any fire potential.
Vice Mayor Alonso: That's a good idea.
Commissioner Plummer: And I think that you might want to put that out in the
City of Miami, whether you do it by television or what.
Mr. Odio: Right.
Commissioner Plummer: Because as I travel around, I want to tell you, this
stuff is becoming more tender and more tender.
Mr. Odio: That's why I think we need to pick them up quickly, very quickly.
Vice Mayor Alonso: Mr. Mayor...
Commissioner Plummer: You're six months off.
Vice Mayor Alonso: Mr. Mayor...
Mayor Suarez: Yes. I'm sorry.
205 September 10, 1992
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Vice Mayor Alonso. seasince we are on this subject, can we recognize the
Little Haiti Sanitation...
Mayor Suarez: Yes.
Vice Mayor Alonso: ...Corp. so that they give to us some ideas about the
Little Haiti community.
Commissioner De Yurre: Cesar, what about the triangle, while we're waiting
for them to come up... the triangle between Main Highway, Franklin and
Douglas?
Mr. Odio: Let me tell you what happened. OK. I'm becoming an expert on
trash also, between power, and electricity, and trash... We cleaned Main
Highway four times, left it spotless...
Commissioner De Yurre: And they bring it back out.
Mr. Odio: When I turned around and came back, the Barnacle, that's the State
property, cleaned all the property out and put it right back on the street
again. So, now we have to go back over on South Bayshore Drive, we have at
least, at least picked it up four times, and the people... I think we have to
do that anyway. The people that lost their every pertinents [sic] they have
inside their homes, like furniture. They're being put out there now.
Commissioner De Yurre: All right.
Mr. Odio: So we have to pick that up.
Commissioner Plummer: OK. There's a good question. I got a call from a
neighbor, said that those people down on Bayshore Drive, rightfully so, they
lost their furniture, their televisions, they put it out on Bayshore Drive.
She lost a TV. She put it out in front of her house the Sanitation Inspector
came along and gave her a Notice of Violation of $500 a day.
Mr. Odio: Well, let me put it this way. We'll disregard that because of the
emergency powers that...
Commissioner Plummer: But wait a minute...
Mr. Odio: That's a...
Commissioner Plummer: I appreciate that.
Mr. Odio: That's a lack of common sense.
Commissioner Plummer: But doesn't a Sanitation Inspector have more to do in
the time of an emergency than going around...
Mr. Odio: Well, let me tell you...
Vice Mayor Alonso: That's ridiculous. It doesn't make any sense.
206 September 10, 1992
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fi
Mr. Odio: ...he's an over zealous inspector but I wish, those people that are
throwing things out there, that we're going to have a problem, because we're
burning trash and...
Commissioner Plummer: OK.
Vice Mayor Alonso: We should instruct the department
Commissioner Plummer: Hey, just don't pick it up.
Mr. Odio: We have to pick it up.
Commissioner Plummer: Leave it there.
Mr. Odio: We have to pick it up.
Commissioner Plummer: A television, leave it there.
Mr. Odio: We have to pick it up.
Vice Mayor Alonso: It has to be picked up.
Mr. Odio: But what I'm saying is you might think that we haven't cleaned up
an area...
Commissioner Plummer: The $500 a day fine?
Vice Mayor Alonso: No, but the problem is the Manager has to instruct the
department not to do it at the present time.
Mr. Odio: No, we are going to pick it up.
Commissioner Plummer: Why don't you take the inspectors and make them go out
and pick up some stuff?
Mr. Odio: No, but what I'm saying, Commissioner, that you might think that an
area has not been cleaned up and it has, but as we clean up...
Commissioner Plummer: They come back the next day again.
Mr. Odio: ...people keep bringing it back out more and more and more.
Vice Mayor.Alonso: Because they are removing the things that they lost.
Commissioner Plummer: From the backyards.
Vice Mayor Alonso: Of course.
Mr. , Odio: We have picked up, so you know, the one that I can measure, the
last time I looked, 14,000 tons of material from Key Biscayne alone.
Commissioner Plummer: That's a good start.
Mr. Odio: And that's not even the size of Coconut Grove.
September 10, 1992
207
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.t.Y1------------------a.ri-------------------.i.an--------------fir-----------fir-Yr— sY
28. DISCUSSION CONCERNING REQUEST BY REPRESENTATIVES OF THE LITTLE HAITI
AREA FOR CITY CLEANUP FOLLOWING HURRICANE ANDREW.
----------------`.r.s.r---------------------------------------------------------
Vice Mayor Alonso: OK. Mr. Manager... Mr. Mayor, do we recognize...
Commissioner Plummer: What item is this?
Vice Mayor Alonso: ...the lady? They want to address the Little Haiti
community problem and we're going to listen for a few minutes.
Commissioner Plummer: We've already voted on 14, didn't we?
Vice Mayor Alonso: No, that's something else.
Commissioner Plummer: No, he's saying we didn't vote on 14. I thought we
did.
Mr. Jones: The emergency?
Vice Mayor Alonso: We did.
Mr. Jones: Yes.
Commissioner Plummer: We did?
Vice Mayor Alonso: Yes.
Commissioner Plummer: Yes. Thank you. Excuse me...
Ms. Ina J. Villanueva: Good afternoon, Commissioners.
Commissioner Plummer: The Little Haiti situation, is this with the Legion
Park?
Ms. Villanueva: No, it isn't.
Vice Mayor Alonso: No, Little Haiti.
Commissioner Plummer: Oh, OK. Because that was supposedly resolved
administratively.
Vice Mayor Alonso: Give your name and address for the record.
Ms. Villanueva: My name is Ina Villanueva and I'm Secretary -Treasurer of
Little Haiti Activities Sanitation Corporation.
Commissioner Plummer: Sanitation?
Mr. Odio: They want business. They don't have the equipment.
208 September 10, 1992
Ms. Villanueva: We would like today to address the situation in Little Haiti.
I'm sorry to say that the sanitation is deplorable. It has not been picked
up. the streets are impassable. The rodents are plenty. the next thing
we'll be looking at is a lot of disease and medical attention that is
necessary in the community.
Mayor Suarez: Let me stop you right there, for a second...
Ms. Villanueva: Please do, Mayor.
Mayor Suarez: ...until we get one thing cleared up. Is there any indication
that any area of the City has not received continuous and complete garbage
pickup during this period of time?
Commissioner Plummer: No.
Ms. Villanueva: Mayor Suarez...
Mayor Suarez: We're not talking about the branches...
Mr. Odio: Garbage...
Mayor Suarez: ...and trees...
Ms. Villanueva: Mayor Suarez...
Mayor Suarez: ...and junk that people are throwing out there.
Mr. Odio: Garbage has been...
Mayor Suarez: Wait, ma'am.
Mr. Odio: ...picked up on a regular basis since the day after the
hurricane...
Mayor Suarez: Is there any particular condition...
Mr. Odio: ...and if she's saying that it has not she's not telling you the
truth.
Mayor Suarez: Mr. Manager, please. Is there any particular...
Ms. Villanueva: I'm sorry, Mr. Manager.
Mayor Suarez: Ma'am.
Ms. Villanueva: Excuse me.
Mayor Suarez: Is there any particular condition in Little Haiti, that has to
do with the streets, or anything else, that may have just happened there...
Mr. Odio: May I cut through this?
209 September 10, 1992
Mayon Suarez: ...that has made it more difficult to pick up garbage there
than other parts of the City.
Commissioner Dawkins: Mr, Man... Mr. Mayor...
Mayor Suarez: Yes, Commissioner.
Commissioner Dawkins: May I answer that? I have worked with the Sanitation
Department since this started.
Mr. Odio: That's correct.
Commissioner Dawkins: And we have made sure that we rotated the crews...
Mr. Odio: That's right.
Commissioner Dawkins: ...from area to area to area, to make sure that when
somebody...
Mr. Odio: She wants business.
j Commissioner Dawkins: ...comes up and says that we overlooked that area, it
did not happen. We have moved crews, and one time, we put everybody south of
20th Street and the next day we put everybody north of 20th Steet.
Mr. Odio: That's correct.
Commissioner Dawkins: So, it's erroneous to say to the Manager that the
' Manager has ignored, allowed the Sanitation Department to ignore any segment
of the City.
Mayor Suarez: Is there any peculiar condition in Little Haiti, other than
what we see throughout the City, with the exception, I know, of the Roads
area, because I saw that that was picked up yesterday...
Mr. Odio: ...garbage out before they should?
t Mr. Jones: Yeah. It was thrown into the trash piles.
w Mayor Suarez: ...that is now the case, which is an incredible amount of
debris, trees, leaves and all that kind of stuff, and in some areas, people
have thrown junk on top of that. Is that what you're trying to tell us about?
Ms. Villanueva: No. We're also talking about trash.
Commissioner Plummer: May I...
Mayor Suarez: That is what we call trash in the Code. Do you mean garbage?
Vice Mayor Alonso: Garbage?
Ms. Villanueva: Garbage.
Mr. Odio: No, trees.
210 September 10, 1992
Ms. Villanueva: If you go through the areas of Little Haiti...
Commissioner Plummer: Ma'am, are you here for profit? Are you here to get
business?
Ms. Villanueva: We are here looking to see if we can get the City, I'd like
to...
Commissioner Plummer: I asked you a very simple question.
Ms. Villanueva: And I'm answering...
Commissioner Plummer: May I have an answer?
Ms. Villanueva: It's a nonprofit organization.
:
Commissioner Plummer: Are you here for business?
Ms. Villanueva: Yes, we are. We're here for the help...
Commissioner Plummer: You're here to make money?
Ms. Villanueva: To make money, no.
i
Vice Mayor Alonso: They are nonprofit.
i
Commissioner Plummer: You're nonprofit?
Ms. Villanueva: Yes. What we're here to do is see if we can cooperate and
' have the City of Miami cooperate with us in the area of Little Haiti, to see
if we could put together a strong force. We have 160 people out there,
willing to work, to clean up their neighborhood.
i' Mayor Suarez: But not compensated?
Mr. Odio: My...
f Mayor Suarez: What he's saying...
Mr. Odio: Compensated.
f,
Mayor Suarez: When he means nonprofit he means non -compensated.
Mr. Odio: Yes, they want compensation. They want a budget.
Ms. Villanueva. No, they do want compensation...
Mr. Odio: They...
I
Ms. Villanueva: ...and we don't have...
Mr. Odio: Excuse me, ma'am. Excuse me.
211 September 10, 1992
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Ms, Villanueva! I'm sorry.
Mr. Odio: You brought a budget to me yesterday, a paper requesting that. The
first thing I looked is where is the equipment. I want you to know I brought
it to Commissioner Dawkins...
Ms. Villanueva: Thank you.
Mr. Odio: Miller has a copy. There's no equipment involved. We have to
provide everything for it. We don't have the equipment.
Commissioner Plummer: But why is she here...
Vice Mayor Alonso: Do you...
Commissioner Plummer: ...instead of going through purchasing like everybody
else?
Mr. Odio: Which, by the way, it is mandatory under FEMA (Federal Emergency
Management Agency) regulations, and we're bound by that, we get three bids.
If you have the equipment, if you have front-end loaders and cranes we'll be
glad to get you a bid and put you to work.
Ms. Villanueva: I see.
Mr. Odio: But you don't have the equipment and you don't have the cranes.
Ms. Villanueva: No, we do not.
Vice Mayor Alonso: Were they informed of this?
Mr. Odio: Yes.
Ms. Villanueva: But we're trying to help the community.
Vice Mayor Alonso: Yes?
Mr. Odio: How can you pick up without the equipment? I have every...
Ms. Villanueva: Well, we can lease the equipment, we have the manpower.
Yesterday...
Mr. Odio: I don't need manpower. I need equipment.
Ms. Villanueva: Excuse me, sir. Yesterday, in Little Haiti, you had a job
for us out there. They hired three Haitian people out of 160. The people of
the community also need help.
i Mayor Suarez:
to that issue.
is?
Mr. Odio: No.
Al right. Let's go back to that issue ma'am. Let's go back
What is she talking about? Do you have any idea what that it
212 September 10, 1992
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Mayor Suarez: The 3 out of 106 people that were hired for some kind of a...
Mr. Odio: I don't know what that is.
Mayor Suarez: What is that, ma'am? Who are you talking about?
Ms. Villanueva: They were hired for a cleanup.
Mayor Suarez: By whom, ma'am?
Ms. Villanueva: I'm going to pass this to...
Mayor Suarez: Ma'am, by whom?
Ms. Villanueva% I'm going to pass this to a gentleman that will be able to
give you all the information.
Mayor Suarez: All right.
Ms. Villanueva: He was present at the time.
Mayor Suarez: Because we need to know...
Mr. Odio: I...
Mayor Suarez: ...if you say that you, or someone, hired 106 people of which 3
were Haitians in Little Haiti, we need to know what you're talking about. In
other words, is it a private company? Is it some kind of a work brigade that
came out from out of town that were maybe volunteers, some people who did it
on their own, or what it is? Yes.
Mr. Roberto Jean Baptiste: All right. Good afternoon, ladies and gentlemen.
We are here in a concept to come together...
Mr. Odio: Before you say, can I clarify something, sir? Please. We hired
yesterday 57 people from Little Haiti. Fifty-seven. Let's put that on the
record.
Mayor Suarez: Wait. Now I've got a question to the Manager. You hired
yesterday 56 people under what program to do what?
Mr. Odio: Under the Department of Labor to put people to work. We hired 57.
Mayor Suarez: In other words, we're a conduit for jobs from the Department of
Labor...
Mr. Odio: Yeah, they...
Mayor Suarez: ...that we're using for the emergency.
Mr. Odio: That's correct, sir.
Mayor Suarez: Fifty-six were hired yesterday?
213 September 10, 1992
Mr. Odio: Yes, sir. Fifty-seven.
Mayor Suarez: Fifty-seven, and how many were Haitians?
Mr. Odio: Fifty...
Mr. Ivey Kearson: We don't know the actual number who were Haitians but
Haitians have been coming through the other... We went through a total
of...
Ms. Hirai: Excuse me.
Mayor Suarez: We need you on the mike Ivey.
Commissioner Plummer: Hey, are we going to negotiate at the Commission
level,
all of the contracts, then let's get rid of the purchasing.
Vice Mayor Alonso: No, but we really need to know...
Mayor Suarez: They wanted to know what...
Vice Mayor Alonso: ...if they are hiring people, if they are giving
equal
opportunity to all groups.
Mayor Suarez: Right.
Vice Mayor Alonso: And that's important to us.
Mr. Odio: When I began to...
Mr. Kearson: My name is Ivey Kearson.
Mr. Odio: Excuse me, Ivey. When I began to look for contractors to pick
up
garbage, trash, from the street...
Vice Mayor Alonso: They hired 57 people.
Mr. Baptiste: If they would let me finish to say what I should say.
Mr. Kearson: All right, well let me put this on the record. You do
that.
All right?
Mr. Odio: ...I went to Commissioner Dawkins and said I need to find
black
contractors, with equipment, to put them to work.
Mr. Kearson: All right. My name is Ivey Kearson from the Neighborhood Jobs
Program...
Vice Mayor Alonso: And they say they are not hiring Haitians, it's true.
They should.
Mr. Kearson: ...and we received the OK from the Department of Labor to hire
360 persons in the City of Miami to work with the emergency programs. We went
to seven NET (Neighborhood Enforcement Team) areas and we recruited persons
from those various NET areas to work in this emergency program which would
214 September 10, 1992
a
last for about 90 days. In Little Haiti we were able to hire 57 individuals
and we hired 70 persons in Overtown, 60 persons in Liberty City, 43 in Coconut
Grove, 45 in Wynwood, 49 in Allapattah, 59 in Little Havana. Now, in all of
those areas, persons who are of Haitian descent also came and applied for
those jobs. So people did come to other NET areas and they were given
opportunities. And the way we selected the individuals was a first come,
first serve. We gave them numbers as they arrived.
Vice Mayor Alonso: How did the people know about this process in which you
were hiring these individuals?
Mr. Kearson: Well, we had the NET offices to inform the neighborhoods
because...
Vice Mayor Alonso: How? What method?
Mr. Kearson: By word of mouth. Because we didn't want...
Vice Mayor Alonso: I certainly live in the wrong neighborhood. I never
heard.
Mr. Kearson: We11, everyone... Every NET, all the NET personnel, were
informed to let the individuals in their communities know that there were job
opportunities.
Commissioner Plummer: You're crazy. You're telling me that that was the only
notification?
Mr. Kearson: Because we didn't want to be bombarded. Yesterday... Let me
explain...
Commissioner Plummer: Nobody picked up a phone and called any Commissioners
and said, "Hey, we're out looking for people?"
Unidentified Speaker: I mean, you went to Solid Waste. They were reporting
to Solid Waste too. We sent them down to your facilities.
Vice Mayor Alonso: And we received thousands of calls.
Commissioner Plummer: I mean, you know, the tail is wagging the dog around
here.
Mr. Kearson: Let me explain the reason...
Vice Mayor Alonso: You'd better believe it, Commissioner.
Mr. Kearson: ...why we didn't go by way of media. Because, yesterday we had
over 300 persons to report to the Haitians, to Little Haiti, because someone
had gotten on the radio and had informed everybody that we were over there.
We only had 57 jobs.
Commissioner Plummer: You know why that happened? Because you didn't do the
proper procedures. Had you gone through the proper procedures, someone
getting on the radio giving the wrong information...
215 September 10, 1992
•
Mr. Baptiste: You should have...
Commissioner Plummer: ...that would have never happened, would it?
Mr. Kearson: Well...
Commissioner Plummer: If the public heard from you, the official r
City of Miami, that would have never happened.
Mr. Baptiste: OK. Let me...
Mr. Kearson: All right.
Commissioner Plummer: But by your silence, what else can they do?
Mr. Baptiste: Mr. Plummer, Mr. Suarez, Mrs. Alonso...
Commissioner Plummer: Everybody's running the show.
Mr. Baptiste: ...City Manager, we are here, not to be confusing,
here to help Little Haiti and assistance by the City of Miami. I -
the same concept, that means we should be standing...
Commissioner Plummer: Tell them to put in their proposal.
Mr. Baptiste: ...one way to have a full, full-time job to put M1a�....__
Commissioner Plummer: Cesar, tell them to put in their proposal.
Mr. Baptiste: ...as used to be...
Commissioner Plummer: Tell them to put in their proposal.
Mr. Baptiste: ...twenty-five days before.
Commissioner Plummer: These people. Whatever proposal they got.
Mr. Baptiste: I don't think, you know, we are going to come to... We are
here to bring any conflict between, until, you know, we attain our goals. Let
me tell you briefly. Yesterday I had 160 people on stand on Notre Dame,
Little Haiti.
Mayor Suarez: You hired them you said?
Mr. Baptiste: No, no. We had...
Mayor Suarez: Oh, you had them.
Mr. Baptiste: ...voluntary, voluntary 160 people. And I was the first one to
let them know, then all the 160 people must not find a job. But, at least, I
was expecting, if any neighborhood Job Service would come into Little Haiti,
at least, fifth percent and those people would find something to do because
'k Little Haiti should not live by Haitian people, but Little Haiti has to get
216 September 10, 1992
some people who help them, because, since after the catastrophic day, I'm
telling you we go street to street, taking pictures of 36th Street up until
82nd Street. We are making topographic pictures and we see how the condition
is. People start, not to put wet garbage on the dry parts, so that's going to
expose a lot of health. You know the health people, people are starting to
complain now. And ours... In my program of sanitation, I included one hour
for telling people how to approach those problems because that's going to
provoke a lot of disasters, things against our health. So that's the reason
why are we here this afternoon. We are not here to bring out something, you
know, we cannot understand. We can only try hard to understand each other
until we do something for Little Haiti because, since after three days, we are
starting to get a team to bring a sanitation way to help Little Haiti. We are
not only thinking to help Little Haiti but the City, in desire, because Miami
belongs to us.
Mayor Suarez: OK, sir. Basically, what you would like is to participate in
the cleanup in the City and to participate in any business that is given to
companies or individuals that will clean up in the County. To do that, we
have a whole department of people that can help with that.
Commissioner Plummer: Purchasing.
Mayor Suarez: Some may be able to lend money for the equipment. Some may be
able to direct you to contracts that are being let out right now for 20, and
30, and 40, and 50 people being hired at a time, right now. This is a moment
to get jobs. There are people out there that say... I was hearing somebody
yesterday saying, "I need 15 workers right now," paid pretty top dollar. And
we have departments that are on top of that and I think we have to activate
them. But this Commission, all they can do is apply the monies that we have,
the equipment that we have, the employees that we have, to pick up all the
debris and the trees and so on, in the City of Miami, to the extent that we
hire additional people because we think we need additional hands out there,
then we want to make sure we don't exclude any area. But, it sounds to me
like you ought to really, really link up with some of our departments.
Because there maybe great opportunities in South Dade and other parts of the
County to pick up and to employ people. If that's what your group does, or
your company.
Mr. Baptiste: This is all...
Mayor Suarez: It's a nonprofit company?
Mr. Baptiste: It is a nonprofit. That's the reason why we are here, we would
like to explain to everybody...
Mayor Suarez: That may be the first mistake, you know. You probably ought to
make it a "for -profit" company and go out there and make some profit.
Mr. Baptiste: No, we...
Mayor Suarez: Because this is the time to make money in the area of cleanup.
Vice Mayor Alonso: It is. Yeah.
217 September 10, 1992
Mr. Baptiste: Yeah. This is the reason why...
Vice Mayor Alonsot Why not? Where's nothing wrong with it.
Mr. Baptiste: ...I told at the very beginning, we are here just to clear it
out. We are not here to benefit only but we are here to give too.
Mayor Suarez: Right. But, you see, to the extent that we are doing a public
service, we do it with our own resources. And if we have to hire a few extra
people, we hire them and we need to get FEMA to pay us for that because we
don't have any money in our budget. We barely have money for our regular
services.
Ms. Villanueva: Ask him what departments to contact.
Mayor Suarez: But you, as a group, might be able to participate in a variety
of cleanup efforts throughout the County, Little Haiti and otherwise. I tell
you frankly, right now if I knew somebody...
Vice Mayor Alonso: It's the time to make money.
Mayor Suarez: ...that could come pick up my stuff in my house, I'd pay for
it. I mean, I'm ready to go out and make a deal with you and your group, you
know, to pick up the stuff I've got right next to my house, because I cannot
expect the City to pick it up. It might takes weeks. I don't even know,
ultimately, how much of that will pick up before it just simply turns into...
It ruins my grass for one thing. So, there are a lot of people like that. I
was at a home of someone...
Commissioner Plummer: Why don't you give the Mayor a cigarette?
Mayor Suarez: ...that was quite well known in this community, a sports
personality. He can't get anybody to work on his house. People are desperate
for laborers, for people who are willing to do work in the area of cleanup.
They're desperate. They'll hire people right on the spot. They'll pay him...
I wouldn't even want to tell you how much I paid the guy yesterday, who was
cleaning up next door, to see if they could straighten up a palm tree that I
have, and it's not too high. I just gave him some money, some cash, right
then and there. People are desperate for the offer, the services you're ready
to offer. Maybe you should go for profit. To heck with nonprofit and go out
and compete. And we have departments including Mr. Kearson's and Community
Development and the other people, Economic Development, that are trying to
help our citizens, Little Haiti, to make the linkages, and to get the money,
and to get the contracts that are being let out throughout Dade County right
now.
Mr. Baptiste: So to who...
Commissioner Plummer: Can we get back to the agenda?
Mayor Suarez: Yes.
Mr. Baptiste: To whom do we have to see, Mr. Suarez?
218
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September 10, 1992
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Commissioner Plummer: Purchasing.
Mayor Suarez: The same gentleman that you were arguing with before can help
you, because he's in charge of the jobs program. But besides... He knows
where jobs are needed. Besides that, the Economic Development people. It
depends on whether you want to borrow money; Miami Capital, they were here a
little while ago; Tony Crapp, he's around here. the Economic Development
people can tell you where the FEMA help is coming in, where the State money is
coming in, where all the federal money... I don't know if you read today's
paper. Folks, they're talking about asking the Congress for 7.2 billion
dollars. And the Governor is apparently saying more like 9,000,0009000.
That's a lot of money. And our people in Miami, our great labor force, that
ought to take advantage of that, and a great business sector, that ought to
take advantage of that, we cannot be denied some of that reconstruction money.
So, we're doing the best to link up to that. I, during lunch, gave some ideas
to some of our Community Development people on how to link up with the
Department of Commerce, because I know that they're going to be channeling
some of that money. So, the opportunities are there. You've got bodies.
You've got people wanting to work. There are jobs out there. OK?
Mr. Baptiste: Thank you.
Commissioner Dawkins: Now, what we want to say...
Mr. Baptiste: Thank you.
Commissioner Dawkins: What we're saying to you is... What we're... Say,
sir... What we're saying to you is, you have to make it known that the people
in Little Haiti need jobs like everywhere, and that for that area, the people
who live in that area, should be hired. Now you have to make that known, OK?
Mayor Suarez: OK.
Commissioner Dawkins: And I'm with you.
Mayor Suarez: Make sure Mr. Fedy Vieux-Brierre, over there with the tie, the
well -dressed gentleman, also knows.
Commissioner Dawkins: OK? That's... See. the people in that area should be
hired to clean up in that area.
Mr. Baptiste: That's the way we would like to do that.
Commissioner Dawkins: All right. OK. I heard.
Mr. Baptiste: Thank you.
Mayor Suarez: Very good. And we should be in the NET offices, and in the
City, and anywhere else we can, we should be... And in the... J.L. was
talking about the Channel 9. We should be posting notices of work that's
available. Well, the Manager is not listening and the other Manager...
219 September 10, 1992
t
--------------Ui------------- ----------------- ---------------—W.ir--.bi ---�ii rYfYiiiL
29, DISCUSSION OF CITY ATTORNEYS DECISION CONCERNING PAYROLL ENTRIES FOR
HIS STAFF DURING WEEK OF HURRICANE ANDREW.
Commissioner Dawkins: OK. Well, I got something to say while they're not
listening. You know, I have a list here of I don't know how many people in
the Law Department, lost 24 hours, 16 hours. And it was said at the beginning
that nobody would lose any time. Now I stayed over at CEO [sic] office and
they were telling people not to come in because they didn't have anything for
them to do. And I'd like to know from somebody, you know, why these people
were not paid in a crisis like this and in an emergency like this, when it was
specifically said nobody would lose any time.
Commissioner Plummer: Everybody was running the show but nobody was running
the show.
Vice Mayor Alonso: You're very right.
Commissioner Dawkins: OK. Well, I will get...
A. Quinn Jones III, Esq. (City Attorney): Commissioner.
Commissioner Dawkins: Yes, sir.
Mr. Jones: Let me see if I can address this. On, I guess it was the first of
the week, I received a memo from the Manager, relative to what the procedure,
payroll procedure, was going to be for those City employees. And, of course,
the bottom line was, for those people that didn't work, they would be required
to take leave, which would have been in the form of vacation. And, of course,
I guess if they didn't have any vacation, it would be leave without pay.
Commissioner Dawkins: Wait a minute.
Mr. Jones: OK.
Commissioner Dawkins: Now, before you go any farther...
Mr. Jones: OK.
Commissioner Dawkins: Who contacted these people to tell them to come in?
Mr. Jones: Well, I don't know what days we're talking about or what days are
in question. OK?
Commissioner Dawkins: OK. But you see, if a person has been docked 24 hours,
somebody needs to know what day they were contacted and what day they didn't
come in.
Mr. Jones: OK.
Commissioner Dawkins: And now you tell me you don't know.
220 September 10, 1992
°:�
i
Mr. Jones: Commissioner, let me just say this. I met with the entire staff,
informed them of what the policy was going to be.
Commissioner Dawkins: What date was that, Mr. City Attorney?
Mr. Jones: I think we had the meeting, I think it was the same Monday
afternoon. It was shortly after I got the memo.
Commissioner Dawkins: And that was the whole staff?
Mr. Jones: The entire staff.
Commissioner Dawkins: And everybody was to work that day.
Mr. Jones: No, no.
Commissioner Dawkins: And then... All right, then...
Mr. Jones: No, Commissioner. Commissioner...
Commissioner Dawkins: OK. Go ahead.
Mr. Jones: There was some confusion. There were several employees who
indicated that they had heard or seen news bulletins requiring only police and
fire personnel to report to work that particular Monday, whatever else. What
I personally did, and I contacted the Manager to ask him whether, in fact, he
needed my employees. And, of course, when the mandate or directive was issued
that all City employees were to show up, which I think was that Wednesday, and
correct me if I'm wrong. Sue, I'm really lost for days right here. I would
say 95, 96% of my department's employees showed up.
Commissioner Dawkins: All right. Who notified them to show up?
Mr. Jones: OK. They would have been notified by my Office Manager...
Commissioner Dawkins: And the ones who did not show...
Mr. Jones: ...at my instruction.
Commissioner Dawkins: And the ones who did not show up, you have a contact
person who says they talked with them and they didn't show up.
Mr. Jones: There were several people that we were unable to contact, for
various reasons, people who said they called or had been calling the Dupont
number all week. They couldn't get an answer. And, of course, my response to
that, then that was really unresponsive on their part. They should have taken
it upon themselves to go one step further. They...
Commissioner Dawkins: How one step farther they could go if their...
Mr. Jones: They could have called...
221 September 10, 1992
�P
Commissioner Dawkins: If their place to report is the Dupont Plaza, the
Dupont Plaza is not operating.
Mr. Jones: There was no...
Commissioner Dawkins: How were they to know what else to do?
Mr. Jones: The other employees, if they had been accessible, and they should
have been accessible. I know that I would have taken it upon myself, if I had
been in that position - to go the length, to find out whether, in fact, I'm
supposed to report to work. And I have a serious problem with some employees
because I know that they were just sitting home, trying to take advantage of
the situation. Those particular employees, who were questioning the loss of
24 hours, they were informed that they would get, they would receive credit
for Monday and Tuesday, which the decision was made that they would be paid
for Monday and Tuesday. There are employees who did show up who performed
traffic detail and received credit for it. Some of them received overtime
payment, whatever else. But those employees who were not...who did not show
up at any point in time, it was my decision, based on the fact that I wanted
to be consistent with the rest, with the way the rest of the City employees
were being treated, that they take or they be required to take leave time,
which translates into vacation or whatever the case may be.
Commissioner Dawkins: That was your decision?
Mr. Jones: That was my decision.
Commissioner Dawkins: You made that administrative decision
Mr. Jones: I made that decision.
Commissioner Dawkins: Now, that's what you told me when I came over there
just now. But if that was your administrative decision I'll live with that.
But you told me that you made this decision due to a memorandum you got from
the Manager. Now you tell me...
Mr. Jones: That was... No.
Commissioner Dawkins: No, now you tell me it was an administrative decision.
Mr. Jones: Commissioner...
Commissioner Dawkins: Your run your department...
Mr. Jones: Commissioner...
Commissioner Dawkins: ...and if you make an administrative decision, I abide
by it. So, I'm finished with that. You made an administrative decision.
Commissioner Plummer: Can we go back to the agenda?
Commissioner Dawkins: Go ahead.
Mayor Suarez: Yeah, let's...
222 September 10, 1992
Commissioner Dawkins: Do to the next item.
Mayor Suarez: Let's go to the agenda, please. Item 15, confirming assessment
rolls for construction...
Commissioner De Yurre: Hold...
Mayor Suarez: ...of North Flagler Sanitary Sewer Improvements. I'll
entertain...
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes.
Commissioner De Yurre: What's the bottom line on this thing?
Mayor Suarez: I have no idea.
Commissioner Plummer: There is none.
Commissioner De Yurre: No, there's got to be a bottom line on this thing, I
don't...
Commissioner Plummer: There is no bottom line.
Commissioner De Yurre: Well, we'll riake a bottom line.
Commissioner Plummer: He made... He's the department director. He made a
decision. We can disagree with it or agree with it, but he's still the
department director.
Commissioner De Yurre: Yeah, but there has to be...
Commissioner Dawkins: It's wrong. It's wrong, but he did it.
Mr. Jones: Commissioner... What I indicated to you was that I wanted to be
consistent from the standpoint of all employees being treated the same way. I
didn't want any undue reflection to say, well, here's the City Attorney, true
enough, he does not report to the City Manager, he reports to the City
Commission. But I didn't want it to be said that I had certain employees
within the employ of my department that were being shown...
Commissioner Dawkins: People who lost every damn thing and they worry about
24 hours. [Expletive deleted]
Mr. Jones: ...favorable treatment, as opposed to other employees who were
being put under a different standard. I think that the decision I made was
fair. And it was consistent with the policy that's being applied across the
board for all City employees.
Commissioner De Yurre: First of all, you have to differentiate between that
employee that is paid a salary and that employee that is paid on an hourly
basis.
223 September 10, 1992
k
s
Commissioner Dawkins: And a professional.
Commissioner Plummer: And a professional.
Commissioner De Yurre: OK. First of all, you have in your staff, countless
people, including you, that put in all kinds of hours beyond the 5:00...
Mr. Jones: That's true.
Commissioner De Yurre: ...punch time, going to 10:00 at night, or 11, or
whatever. And you don't get recognized for that. You don't get paid
additional for that. It's part of the job.
Mr. Jones: Right.
Commissioner De Yurre: So if you're telling me that you didn't take 14 hours,
you took 14 hours that you weren't supposed to take during these last two
weeks because you should have been at work and you weren't, for whatever
reason, and certainly, these are chaotic times. I can't see how you can
penalize...
Commissioner Dawkins: I can't either.
Commissioner De Yurre: ...an individual that has given hundreds of hours of
time that goes beyond the eight to five clock and say, "We're going to deduct
two days worth because you weren't here at this particular time."
Mr. Jones: But, Commissioner....
Commissioner De Yurre: That doesn't make...
Mr. Jones: Commissioner, those hourly...
Commissioner De Yurre: That doesn't make sense.
Mr. Jones: Those hourly employees, if they put in time beyond the normal
work, their normal work week, they were paid overtime.
Commissioner De Yurre: That's right, but not the attorneys.
'{ry Mr. Jones: Not the attorneys.
Commissioner De Yurre: That's right. So, there's two groups that we're
looking at right now. And in order of being, there being a oneness, in this
whole situation that were faced with, with this hurricane situation where, I
think, it doesn't matter whether you're an attorney, or a carpenter, or a
plumber, or whatever. Everybody's pulled in and helped in whatever capacity
that they've had to help, whether it's directing traffic, or whether it's
#j
picking up trash, or delivering milk to a baby that doesn't have it. We're
ri all in this together and I'm thinking of... We have to get away from this
concept of saying you're going to get deducted "X" hours because you weren't
there. I mean, like, they've been there throughout the whole process and if
the message didn't get there, they weren't advised on time. We have to get
224 September 10, 1992
xr �
away from that. You know, we have to look at positive things. We've had
enough negatives as it is, to deduct two days worth of pay from individuals in
the City of Miami. It doesn't make sense to me. It's not the right thing to
do in my way of being. And, I think that, you know, better senses should
prevail. You should reconsider. You do what you got to do. I'm just telling
you what I would like favorably upon.
Mayor Suarez: Who do you have in your department who is paid by the hour?
Mr. Jones: Those are basically the secretarial and support staff. And as
I...
Mayor Suarez: You mean, they're paid for a 40 hour week and then overtime?
Mr. Jones: Yeah. That's right. And in this particular instance, consistent
with the payroll policy that has been established, there were certain
individuals who did receive overtime pay. Those persons who performed traffic
detail received compensation for that. What they did not receive compensation
for was the time that they actually were not there, at the City, performing
anything. They were home or wherever they were.
Commissioner De Yurre: Let me tell you. How much money do you think you're
talking about?
Mr. Jones: Commissioner, I have no idea.
Commissioner De Yurre: You have to have an idea.
Mr. Jones: You're probably talking about...
Commissioner De Yurre: How much?
Mr. Jones: You're talking about probably... Twenty-four hours, you're
talking probably about 12 employees. I'd say you're probably talking about
maybe five, six thousand dollars.
Commissioner De Yurre: OK. And that's what we're talking about?
Mr. Jones: That's just my best guesstimate.
Commissioner De Yurre: OK. Where's the City Manager?
Commissioner Plummer: Were all of these attorneys?
Mr. Jones: No, they weren't.
Commissioner De Yurre: Where's... Oh, you're in charge of this now? Listen,
from my budget you take out that money and you give them their full salary.
Commissioner Dawkins: Take half of it from mine.
Commissioner De Yurre: OK?
Mr. Manohar Surana (Asst. City Manager): OK.
225 September 10, 1992
Commissioner Be Yurre. I don't want anybody losing out in this thing...
Commissioner Dawkins: Half from his and half from mine.
Commissioner Be Yurre: Out of my budget, you know.
Fir. Surana: OK. All right.
Commissioner Dawkins: Mano, take half from his money and half from mine.
Commissioner Plummer: Well, and let me ask...
Commissioner Be Yurre: You know, take care of it from my budget. I want
everybody to get their money.
Commissioner Plummer: Now that you great benefactors, are you going to do it
for all other employees?
Commissioner Be Yurre: I think we should and...
Mr. Surana: We've done that.
Commissioner Dawkins: Yes. Yes.
Commissioner Be Yurre: ...the policy here is that we're going to cover...
Mr. Surana: Sue...
Commissioner De Yurre: ...the employees that have given of their time.
Mr. Surana: We've done that.
Commissioner Be Yurre: You know, it goes beyond reason to think that we're
going to be here. We're nitpicking about two days work when people have to
work weekends, and all kinds of hours, worried about their homes that have
been destroyed, and their families, and something, a devastation that's
unknown to us. I think two days worth of pay is ludicrous to think about.
It's my position that we set a policy here, that we forego that, and let
everybody get their full pay. And we move on and reconstruct this City, which
Is our goal, and make it a better Miami. We'll take it from there.
3� Mr. Jones: Well, fine. Thanks for the City policy. I was only trying to be
consistent with...
Commissioner Be Yurre: If I... And I'll make into a form of a motion.
Commissioner Plummer: Well, you've got to delineate a hell of a lot more for
me.
Commissioner Be Yurre: Well...
Commissioner Plummer: Are you rewarding those who did not show up? What are
you doing for the ones who did show up?
226 September 10, 1992
Commissioner Be Yurre: For those that did show up... Those that did show up,
I think they deserve special recognition and if it means, maybe giving them a
floating holiday as a token...
Mr. Surana: We're giving them.
Commissioner De Yurre: ...of appreciation, you give them a...
Commissioner Plummer: Well, Victor, you know, what we've got to remember
around here...
Commissioner De Yurre: What?
Commissioner Plummer: A total day of City employment day off is $180,000.
OK?
Commissioner De Yurre: J.L.
Commissioner Plummer: Now, unless I know the number of how many people are
involved...
Commissioner De Yurre: Hey, J.L.
Commissioner Plummer: What are you going to do for the people who showed up
against the ones who didn't show up?
Mayor Suarez: A total day is $180,000?
Commissioner Plummer: Yes, sir.
Mayor Suarez: I'm afraid not. I'm afraid it's a lot more than that.
Commissioner De Yurre: Well, J.L. let me put it to you this way.
Unidentified Speaker: Half a million dollars.
Commissioner De Yurre: If, for whatever reason, you don't show up to a
Commission meeting and we run business as usual, we don't miss a beat. And we
lost whatever's worth of your being here that day.
Commissioner Dawkins: No, he lost whatever...
Commissioner De Yurre: Well, the City runs. So, don't worry about that.
Commissioner Dawkins: He lost one day of pay...
Commissioner De Yurre: I would say that we give a floating holiday, as a
token, as a token, because certainly what has been...
Mr. Jones: Some people had no intentions of coming in anyway. That's the
whole point.
227 September 10, 1992
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t
Commissioner De Yurre: ►..people have gone through, you cannot repay it with
a...
Commissioner Plummer: You're rewarding the people for not showing up.
Mr. Jones: Absolutely.
Commissioner De Yurre: ...one day off kind of thing. But as a token of the
appreciation of the people of this community, that we give a floating holiday
during the 92/93 fiscal year to those employees that the administration feels
deserving and we move on from there.
Mayor Suarez: What's the estimate...
Mr. Surana: Commissioner...
Mayor Suarez: ...just so we know as long as the issue is before us, of one
day floating holiday. It's not 180,000, I know that.
Mr. Surana: We've got to see the number of people on that. I have no number
on it.
Mayor Suarez: He's saying that everybody who is in the civil service system.
Mr. Jones: It's probably about 12, 15 people.
Mr. Surana: Oh, 12?
Mayor Suarez: It was non -discretionary.
Mr. Jones: It's about 15 people.
Mr. Surana: Fifteen?
Mr. Jones: I think it's about that many. If you're going to include
attorneys...
Commissioner Plummer: He's talking about the entire City work force.
Mr. Surana: City? We have no idea. We'll find out from payroll.
Mayor Suarez: Oh, yes you do.
Mr. Surana: No, we don't.
Mayor Suarez: God, we've discussed that when we're talking about holidays.
Commissioner Plummer: What is one day of the City work force?
Mr. Surana: That...
Mayor Suarez: You've got that, Mano.
Mr. Surana: Carlos here? Carlos?
228 September 10, 1992
L
F3
Mayor Suarez: It's about $300,000.
Commissioner Plummer: How much?
Mr. Surana: No, no. For all the employees.
Mayor Suarez: It's about 300, I think. All non -discretionary employees.
Anyhow, when you guys get the figure...
Commissioner Plummer: Can we talk about this at the next Commission meeting?
Mayor Suarez: Yeah. When you...
Mr. Surana: OK.
Mayor Suarez: When you come up with the figure, give it back.
n; Mr. Surana: All right.
t
x Mayor Suarez: I like the general idea of some kind of reward. We do have to
approve, hopefully today, on first reading, a budget. We're going to have
some discussion on that. Please, the general idea if you want to...
Commissioner De Yurre: What's the story? Are people getting short changed
with their checks this pay period?
Mr. Surana: No, I don't think so. They are getting their full pay, 80 hours.
Commissioner De Yurre: Are they or not? Let's make sure of that. Don't tell
me you think so...
Mr. Surana: They are.
Commissioner De Yurre: ...or don't think so.
Mr. Jones: No, I think there were some people who had those hours deducted
and they are upset. I mean, I don't know any way other...
Mr. Surana: They're getting 80 hours...
Mr. Jones: No.
Commissioner De Yurre: Well, we'll make it up at the next pay period.
Mr. Surana: OK.
Commissioner De Yurre: You know, I think, Quinn...
Mr. Jones: Yes.
Commissioner De Yurre: ...and you're doing your job and I don't want to
challenge you in your job...
229 September 10, 1992
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A
Commissioner Plummer! They give away money around here like water.
Commissioner be Yurre: ...but sometimes things are bigger than we look at
things. We have to look at the whole picture. And, I think, people are going
to feel hurt. You know, people have to feel hurt by saying, after all that's
happened, that on top of that they get a day or two. And maybe it's a matter
that some slipped or some didn't, but we have to get beyond that. And we have
to work together in this thing.
Mr. Jones: I understand that, Commissioner, and I...
Commissioner De Yurre: Good. I'm glad you do.
Mr. Jones: I didn't want to send the wrong message because there were some
people who had no intentions of coming, whatsoever, and I don't think they
should be rewarded.
Commissioner De Yurre: Then you fire them.
Commissioner Plummer: I agree.
Commissioner De Yurre: You fire them. And that's the end of that, but don't
deduct their pay.
Commissioner Plummer: Are we going to go to the agenda? I'm going to go
home.
30. CONFIRM ASSESSMENT ROLL: NORTH FLAGLER SANITARY SEWER IMPROVEMENT,
DISTRICT SR-5500-C.
Mayor Suarez: All right. We're back to Item 15.
Commissioner Plummer: I'm tired.
Mayor Suarez: Confirming assessment roll for construction of North Flagler
Sanitary Sewer Improvement. I'll entertain a motion.
Commissioner Plummer: Let the record reflect
speak on the issue. I move it.
Mayor Suarez: So moved.
Vice Mayor Alonso: Yes, second.
that no one came forward to
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
230 September 10, 1992
•
e following resolution was introduced by Commissioner Plummer, who
movea its adoption:
RESOLUTION NO. 92-552
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF NORTH FLAGLER SANITARY SEWER
IMPROVEMENT IN NORTH FLAGLER SANITARY SEWER
IMPROVEMENT DISTRICT SR-5500-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 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.
31. ACCEPT DONATION OF $10,000 FROM CITY OF KAGOSHIMA, JAPAN, TO AID IN
RECOVERY EFFORTS DUE TO HURRICANE ANDREW.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Dawkins: I would like to, since Mr. Ruder is here. Our sister
city, Kagoshima, donated $10,000 to us in hurricane relief. With this
Commission's permission, I would like to recommend that the $10,000 be spent,
along with whatever money we get from FEMA (Federal Emergency Management
Agency), to restore the Japanese garden on Watson Island. I so move.
Mayor Suarez: So moved.
Commissioner Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
231
September 10, 1992
.i
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-553
A RESOLUTION ACCEPTING THE DONATION, IN THE AMOUNT OF
$10,000, FROM CITY OF MIAMI'S SISTER CITY, KAGOSHIMA,
JAPAN, TO AID THE CITY OF MIAMI IN ITS EFFORTS TO
RECOVER FROM HURRICANE ANDREW.
(Here follows body of resolution, omitted here and on
file 1n the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: I think, Al, the idea of the motion as stated, when he says "in
addition to FEMA money," etc., is that since it's a contribution, an outright
contribution, nothing to do with insurance, that we do it - the timing, etc. -
in a way that 1t does not detract from whatever we may be able to claim from
FEMA.
Mr. Alberto Ruder: Right.
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: Um-hmm.
Mayor Suarez: You might just sort of want to end until that process is
over...
Mr. Ruder: OK.
Commissioner Dawkins: Um-hmm.
Mayor Suarez: ...and then say, "Oh, behold. We have an extra $10,000 here to
fix the place up," because...
Mr. Ruder: OK.
Mayor Suarez: ...it should not realty reduce from whatever we can get from
them. And I think...
Commissioner Dawkins: Thank you, Mr. Mayor.
232
September 10, 1992
#' "' �ue.: Vie+ .'v:�.4Yv+uA; .'.wf••T['.emn'- ...... _..-, ..
i1 M 4� -
Mayor Suarez: All right, Commissioner.
sir--------------------------------------------------------------------------
32. CONFIRM ASSESSMENT ROLL: FLAGLER STREET HIGHWAY IMPROVEMENT (3RD
BIDDING), DISTRICT H-4372 AND FLAGLER STREET HIGHWAY IMPROVEMENT
EXTENSION (3RD BIDDING), DISTRICT H-4391-A.
Mayor Suarez: Item 16. Confirming assessment role on construction of Flagler
Street Highway Improvement, 3rd bidding, and Flagler Street...
Commissioner Plummer: Let the record reflect no one came forth to speak on
this issue. In such, I move it.
Mayor Suarez: So recorded. So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded by the Vice Mayor. Cali the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-554
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF FLAGLER STREET HIGHWAY IMPROVEMENT
(THIRD BIDDING) AND FLAGLER STREET HIGHWAY IMPROVEMENT
EXTENSION (THIRD BIDDING) IN FLAGLER STREET HIGHWAY
IMPROVEMENT DISTRICT (THIRD BIDDING) H-4372 AND
FLAGLER STREET HIGHWAY IMPROVEMENT EXTENSION DISTRICT
H-4391-A 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
233 September 10, 1992
8
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w.:r ---------------- ba'ai iYrr----Wrb:r.r.r.r----------------.r-----ri.r---------iilii-r..: iL
33. (A) DISCUSSION OF PROPOSED MILLAGE RATE AND TENTATIVE FY 92-93 BUDGET
FOR THE CITY OF MIAMI.
(B) DIRECT MANAGER TO PROVIDE MEMBERS OF THE COMMISSION WITH THE CITY
BUDGET NO LATER THAN JULY 15TH OF EACH CALENDAR YEAR.
(C) COMMISSION SET POLICY TO REVIEW EVERY CITY BUDGET ON A QUARTERLY
BASIS.
(D) DIRECT CITY MANAGER NOT TO AUTHORIZE CITY -OWNED AUTOMOBILES TO BE
TAKEN HOME BY EMPLOYEES WHO DO NOT RESIDE WITHIN CITY LIMITS, WITH
EXCEPTIONS.
Mayor Suarez: Item 17. Discussion of proposed millage rate and tentative
budget for the City of Miami.
Commissioner Plummer: Mr. Mayor, let me ask a question, if I may...
Mr. Surana: We've got 15 more minutes.
Mayor Suarez: All right. We have a...
Vice Mayor Alonso: Yeah, we have...
Mayor Suarez: ...ten minute recess, until 5:05.
Mr. Surana: Or you can take 23.
Commissioner Plummer: Oh. Well, during that may I ask a question?
Mr. Surana: Or you can take...
Mayor Suarez: Yes. I'm going to excuse myself though.
Commissioner Plummer: OK. It has been stated to me...
Mr. Carlos Garcia: We want to bring back item number eight.
Commissioner Dawkins: What is eight?
Commissioner Plummer: ...that in my voting negatively on the budget, which I
Intend to do...
Commissioner Dawkins: You're going to use the 10... You're going to use the
10 people?
Mr. Garcia: Yeah. We can suggest that to the City Commission, you know...
Right now there are only five firms involved.
Commissioner Plummer: ...that if I do, that in fact, there is a jeopardy of
state funds. Is that for today or October 1st?
Commissioner Dawkins: Well, I have to wait until the Mayor comes back.
234 September 10, 1992
A
Mr. Manohar Surana (Asst. City Manager): No for a whole year. Por next...
Commissioner Mummer: No, excuse me, sir...
Vice Mayor Alonso: No, he's talking the final approval.
Commissioner Plummer: Is the deadline for the approval of a budget today or
October 1st?
Mr. Surana: Today.
Commissioner Dawkins: October ist.
Commissioner Plumper: Why today?
Mr. Surana: OK.
Commissioner Plummer: That's what I don't understand.
Mr. Surana: All right. The Trim Bill hurried... required, that we should
have two public hearings.
Commissioner Plumper: All right.
Mr. Surana: In the first...
Commissioner Plumper: This is the first.
Mr. Surana: Yeah. In the first public hearing we must adopt a budget which
is called tentative budget. If you do not adopt a tentative budget today, we
will be in violation of Trim Bill.
Commissioner Plummer: No. Well, we can still have two public hearings.
Mr. Surana: All right.
Commissioner Plummer: Correct?
Mr. Surana: But this is the first public hearing. It's advertised as the
first public hearing.
Commissioner Plumper: Oh. So, in other words, because it was scheduled...
Mr. Surana: Right.
Commissioner Plummer: ...it has to be.
Mr. Surana: Right. -+
Commissioner Plummer: So we can approve it today.
Mr. Surana: Right.
235 September 10, 1992
Commissioner Plummer: Fully understanding that at the second
hearing, we can
deny it. And we don't lose the State funds. Is that correct?
Mr. Surana: No. At second public hearing you will have to
adopt, again, a
budget, which will be a final budget.
Commissioner Plummer: But, if we vote against the budget, we
do not lose the
State funds on the second hearing.
Mr. Surana: No, you do. You do.
Vice Mayor Alonso: Why?
Mr. Surana: That's the law.
Commissioner Plummer: What...
Mr. Surana: The law says we should adopt two budgets.
One is called
tentative budget...
Commissioner Dawkins: No, wait. Now, one budget...
Commissioner Plummer: I thought we...
Mr. Surana: OK.
Commissioner Dawkins: You adopt one budget twice.
Ms. Hirai: Yes.
Mr. Surana: Right.
Commissioner Dawkins: You don't adopt two budgets?
Ms. Hirai: Right.
Mr. Surana: No, one budget adopted twice.
Vice Mayor Alonso: One?
Ms. Hirai: Right.
Commissioner Dawkins: OK. Thank you.
Commissioner Plummer: What's that?
Mr. Surana: That's the law.
Commissioner Dawkins: OK.
Mr. Surana: The first...
Commissioner Dawkins: May I ask a question Madam Vice Mayor?
236 September 10, 1992
Commissioner Plummer! I'm still lost.
Vice Mayor Alonso: Yes it...
Mr. Surana: It's the law.
Mr. Jones: What happens is, Commissioner...
Mr. Surana: We had to follow a schedule, the whole thing, the Trim Bill.
Mr. Jones: There's a time schedule that's triggered by each of these,
including the public hearings that you have scheduled for today...
Mr. Surana: No.
Mr. Jones: ...and for the 24th, including the notice that has to be given to
the appraiser. And if, in fact, as you've indicated, the scenario you've
indicated, you don't follow, then you will put everything in disarray and we
would be in violation of not having passed a budget by October 1st. And
likewise, the funding that would have been available as a result of having the
first hearing, the tentative passing a tentative budget today would
automatically be jeopardized.
Commissioner Plummer: Jeopardized or do we totally lose the State funding?
Mr. Jones: I don't know.
Mr. Surana: They're saying jeopardized. So far, that line has not been
tested yet...
Vice Mayor Alonso: Commissioner Dawkins has been crying.
Mr. Surana: But we have been told we must follow the Trim Bill procedure.
Commissioner Plummer: But I'm asking again, if I vote negatively today and,
for whatever reason, the budget does not pass, does that mean we have
absolutely lost State funding?
Mr. Surana: We are in violation of Trim Bill and my understanding with the
State, we will be jeopardizing revenue.
Commissioner Plummer: Excuse me. Don't keep hedging on me.
Mr. Surana: Well you can tell them...
Commissioner Plummer: Jeopardizing is one thing.
Mr. Surana: We lose it.
Commissioner Plummer: Losing is another.
Mr. Surana: Lose it. Yes.
237 September 10, 1992
Qi-
Commissioner Plummer: What you're telling me is, that if it does not pass
here today...
Mr. Surana: Right.
Commissioner Plummer: ...the State funds of $30,000,000 will be lost.
Mr. Surana: Right.
Commissioner Plummer: You're in serious trouble.
Mayor Suarez: Mr. Plummer... Commissioner Plummer...
Vice Mayor Alonso: Commissioner.
Mayor Suarez: I need you for five minutes.
Vice Mayor Alonso: Commissioner Dawkins.
Mayor Suarez: And I'd like to recess for a variety of reasons, until 5:05.
Commissioner Dawkins are you OK with that?
Commissioner Plummer: 5:05?
Mayor Suarez: Right. We've got 10 minutes.
Commissioner Dawkins: OK.
THEREUPON THE CITY COMMISSION WENT INTO RECESS
AT 4:55 P.M. AND RECONVENED AT 5:25 P.M., WITH
ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE
PRESENT.
Mayor Suarez: Folks, this is a big halt and I know that the tendency is to
congregate in different areas with Skippy Shepherd, etc., but it would really
be helpful if everybody who wanted to have private conversations would do it
outside. I would really appreciate it. Although we've got a sound system,
Madam City Clerk, that works a little better than the one at City Hall.
Commissioner Dawkins: Yeah, much better.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: Yes.
i Commissioner Plummer: For the record of my previous comments on the record...
j; Mayor Suarez: I missed some of that, by the way, and I'd like to know what
r; the City Attorney was responding to some of that if it's...
r
Commissioner Plummer: OK.
Mayor Suarez: ...if it's still relevant. Go ahead.
238 September 10, 1992
Commissioner Plummer: well, I am extremely concerned that the potential of
the budget not passing by my vote could be a reality. i have said to the
Manager that I will vote for the budget today, so that in no way would my vote
put the City 1n jeopardy of losing approximately $30,0009000 in State monies.
But I have also stated to the Manager, unequivocally, that between now and the
second reading, I am just as unhappy. There are areas that I feel that have
got to be addressed. And that if they are not addressed by second reading,
that I will definitely vote against his budget.
Commissioner Dawkins: Mr. Mayor.
Commissioner Plummer: That budget, in my estimation, has to be modified.
'there are areas of concern that I continuously have. But I will vote today,
to vote on the budget, so that there is no way that we will lose State
funding.
Commissioner Dawkins: Mr. Mayor
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: You know, it's amazing how, for the last five years,
everybody knew that if a budget was not passed by September 30th, that it
would be a problem. Every year there is no budget hearing, public hearing,
until September. Therefore, when they come before you, your head is on the
chopping block, because there's only two meetings in September. You must have
two hearings in September or you lose the money. Now, nobody up here has said
to the Manager, "Bring your budget to us in July, or June, so that we can play
with it if we don't like it. Give it back to you in July. And if we don't
like that one we give it back to you in August." And then in September you're
ready to pass a budget. But every year I hear this, that I'm going to vote
for this budget, because I cannot be the one who is responsible for the City
of Miami losing money, and each year I hear this. You know, when are we going
to tell the administration, "Bring the budget to us in July, so that we can
play with it and look at it"? I am not voting for the budget. I would hate
to lose an election because you lost $30,000,000 but I just cannot in good
faith, sit here, year after year, in September, a budget is brought before me,
and I am told that you must face the voters because you did not vote for the
budget and you lost $30,000,000. Now next year, it will be the same thing,
but it won't me as much of a problem, because you've got three of us
running... Me, the Mayor and the Vice Mayor will be running. And, therefore,
we will have a budget that we didn't raise taxes and everybody will be happy
with it. So, I agree. It is no way to do it. And I have no problems with
whatever happens today but I will be voting no.
Mayor Suarez: Mr. Manager, please, and all department heads, and everyone in
the City, listen carefully to this. There are a variety of things that are
going to happen, hopefully, between now and the 24th, if we have a favorable
vote today on the budget. If we didn't, I have a feeling that we would have
to go to every other legal and procedural maneuver to make sure that we passed
it on first reading. But let's assume that it passes, with Commissioner
Plummer's announcement. Some of the things that I want to warn you about for
my vote. Now, there's an indication, I don't know yet but I've heard
Commissioners say that they're taking very seriously the issue of department
heads and their salaries. There's an indication that maybe we will get some
239 September 10, 1992
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13
recommendations from Commissioner Awareness supervisors on this Commission,
and that this Commission will vote favorably on very, very modest salaries for
department heads. If that is the case, I need to have you ready to report on
what effect that has on assistant directors and other discretionary employees.
And if, in the process, a lot of people decide that they really, really ought
to retire or transfer to other cities, or otherwise seek employment in the
private sector or the public sector, that's fine. So, keep that in mind and
please be ready with answers on that. Secondly...
Commissioner Plummer: Is that today, Mr. Mayor?
Mayor Suarez: I don't think they'll be ready for it today. But I'm going to
be exploring the next 14 days and I presume all members of this Commission
will too. And, hopefully, we'll have answers to that. The Police Department
units... And this does not reflect my feeling that the Police Department
budget, as a whole, is too high. I'm not sure I'm ready to say that. But the
Police Department units... I have submitted memos to you, Mr. Manager, where
I've questioned some of them. I have questions and I am determined, if I get
three votes up here, to have the Chief, the Assistant Chiefs and the ranking
officers become their own Public Information unit with whatever civilian
employees they need to help them. And to eliminate anything that resembles
something that anyone would dare to call Media Relations Unit in the Police
Department. We don't need a Media Relations Unit in the Police Department.
We have a fine Police Department. It does its own media relations by doing a
good job of going after the bad guys.
Commissioner Plummer: Excuse me.
Mayor Suarez: Yes.
Commissioner Plummer: I thought that had already been done.
Mayor Suarez: I think we passed a motion but I just want to make sure that
they understood that because, apparently, some people are not taking it
seriously over there.
Commissioner Plummer: May I inquire of the Budget Director if that is an item
in the budget or not? It is my understanding that we passed that here at this
Commission level, four to one vote, that it was to be put in the office of the
Chief, and I'm hoping, Mr. Surana...
Mr. Surana: I'm looking.
Commissioner Plummer: ...that you're going to tell me that there is no
item...
Mr. Surana: Yeah.
Commissioner Plummer: ...in the police budget for PIO (Public Information
Office) or media relations.
Mr. Surana: There is no item.
Commissioner Plummer: Thank you, sir.
240 September 10, 1992
Mayor Suarez: We have other units, specialized units. We at one point began
to go through them and we ran out of time. I know Commissioner Plummer wanted
to go through them and I think the rest of this Commission was interested in
how we might be able to use some of those units more effectively, whether it's
Marine Patrol, the ones that handle accidents. If, indeed, we were to set up
a system of joint dispatch for police and fire, if indeed that is a less
expensive way of doing it, you would think also that we could get our fine
Fire Department to cooperate in doing accident reports and otherwise freeing
up police officers that are doing that kind of paperwork to be on the streets
of the City. So, please, I know it's not a lot of time to do this, but please
figure out a way that we can eliminate people who are doing tasks that are
anything other than actual police work. A lot of other units come to mind. I
have sent memos to the Manager on all of them. He has not answered most of
them. In fairness, we have had a hurricane and a lot of them were produced in
the last few weeks. But I've got a lot of concerns about a lot of units.
I've got concerns about our motorcycle unit. Today, on the way to here, I
witnessed a couple of officers who were out there in the sun and I know they
were directing traffic and God bless them. That's one of the more useful
functions that I've seen a motorman perform in the City. But, as it turns
out, after getting a very favorable impression on the way in, at one
intersection, I got to the second intersection and the officer was over
talking to one of the cars. Then when I got back... I turned around and came
back. The officer was now no longer talking to the car. He was directing
traffic again. But the one officer that gave me a very favorable impression,
at this point, was greeting a third officer who came on a motorcycle. And at
the middle of the intersection, one of the busiest and most dangerous
intersections in Miami, the one right off Rickenbacker... You may seen them,
Mariano, you're everywhere. There he was, basically having a conversation
with the new officer, which may have been very important, but he was not
telling anybody who was supposed to go. And so all of us, including myself,
were standing there at the intersection, trying to figure out if anybody was
supposed to move or if we were just going to wait until they completed their
conversation. Now, this is not... This is not a way to run a Police
Department. That unit should not be doing the kinds of high-speed escorting
of dignitaries that this entire nation is beginning to get tired of, to tell
you the truth. And that, in the case of a Palm Beach officer, led to the
death, I believe, of one, when one of the presidential candidates was in town.
People are tired of all that and we need to figure out a way to use that unit
more effectively, to combat crime, and otherwise to do the normal functions of
police work in the City. Let me say, as to the City Clerk, in the last couple
of days I have been advised, Madam City Clerk, that you were looking for a
transcriber. I don't know why you need to hire anyone else but let me warn
you that I am going to go with a fine tooth -comb over your budget as I
informed you the other day. I saw five, or four of your employees at a City
Hall meeting and that concerned me a great deal. So, if you have to hire
someone else at this particular time, maybe you're assuming that a certain
higher budget is going to be approved for your department, and what will in
fact happen.
Ms. Hirai: Mr. Mayor?
Mayor Suarez: Ma'am, I'm just going through these. I don't have time today.
But I will have plenty of time in the next 14 days to go over each and every
241 September 10, 1992
one of these. Department of Community Development, it's well and good that
you're distributing people throughout the City. To me that's a deployment
function, but you're going to have to look very carefully at all of the people
in that department and see that they're all performing needed functions. And
if they're not performing needed functions, or if they head a department or a
unit that we can do without, let's figure out a way that we can refer them
over to some other department and we can try to help them find employment.
But be very scrutinizing of that department.
Mr. Cesar Odio (City Manager): Mr. Mayor?
Mayor Suarez: Let me say...
Mr. Odio: OK.
Mayor Suarez: Some departments that I would not mind seeing some additional
people working for: Parks, Public Works. We've got a heck of a task in
getting our programs geared up in the City for our youth and, obviously,
Public Works, because in the aftermath of the hurricane we're going to have to
do a lot of pickup and a lot of reconstruction. One other item, Mr. Manager,
that I know is a huge expense to the City. We have estimated it at about
$400,000, I think, one time. Let there be no individual at the end of this
fiscal year, who takes home a car from the City of Miami that does not live in
the City of Miami. I am sorry but I will not vote for that budget. And I
will hope that my colleagues up here will understand that this is a very
important measure. We have not been able to get to the point that we would
all like to get, which is the point that says, we'd like all City employees to
live in the City. We know that that creates a hardship. We know all that. I
want all new employees to live in the City and we made that very clear to you,
Mr. Manager, in dealing with the unions, that that has to be a required
provision. And with no ways around it, for new employees. All discretionary
employees, as you have said, it is your policy to explain to them, if they're
promoted to department head or above, Assistant City Manager, that they must
live in the City. I hope that policy is in effect and continues to apply the
right kind of pressure to our good friends who have yet to comply with that
policy. I know that, again, there it's affecting existing employees, even
though they're being promoted and they should be given a choice. You want to
be promoted, you move into the City. But I know it creates a hardship. So, I
think it's got to be a flexible policy. But as to automobiles, to me, that
cannot happen in our City. We need for the people who work for us and who
take vehicles home, to live in the City of Miami. If there's an exception,
because we have some detectives in the Police Department who must take cars
that cannot be identified, home rental cars, that may be one exception.
That's the only one I can think of. These are some items that I consider
important. Everyone of them has great budgetary implications. We may be able
to approve a much smaller budget, in the second reading. And I am behind in
my work, and I have to admit that, I just got the proposed budget, like
Commissioner Dawkins says, in July and August we had very, very tentative
budgets. I have seen an outline of every department with five, or six, or
seven percent reduction from the initial estimates. And I appreciate that. I
appreciate that we're all tightening our belts. But we have to tighten them a
little bit more. We have to begin to create the kind of fund, reserve fund,
that many of us think we ought to have and the kind of reserve fund that will
allow the City not to have to borrow money at the beginning of the fiscal
242 September 10, 1992
b
4W
year. That is not good accounting or fiscal policy. You know it isn't. We
know it isn't. That's been discussed today. We should not have to borrow
money. We should be able to make our payments on November, on October 1st,
rather. These are some of things, and I'm grabbing them off memory and it's
just a list that I made because I, unfortunately, have not been able to catch
up with all of my paperwork. But the memos as to the Police Department you
have. Let me add, this is not a reflection of how I, in any way, feel about
the City employees. I think you're doing a magnificent job. It is not a
reflection of how I feel about the supervisors. I think many of them are
very, very good people that deserve to get paid 80, and 90, and $100,000.
Unfortunately, we don't have that kind of money in the City of Miami.
Commissioner Plummer: That's it.
Mayor Suarez: Our citizens got poorer last year, in case you didn't notice
that in the reports. We are the third poorest metropolitan area in the United
States. Demographically, they cannot afford many of the talented people that
we have and maybe it's time for them, if they have something else that's
available somewhere else, to go ahead and find that. And for some of the
other people who are making less money, to work their way up and be willing to
work as department heads for 40, and 50, and $60,000, whatever the amount is
that is set by this Commission as prescribed by the Charter. We're going to
take those duties very seriously. And if anybody is not hearing this, I hope
you all explain it to them, because this Commission is charged by the City
Charter with setting department head salaries. And to me that means that that
affects the way all the rest of the discretionary employees, their salaries,
are set. Ultimately, who knows what kinds of savings we can create in the
next 14 days? And I appreciate my colleague, Commissioner Plummer,
understanding the predicament we're in. And I understand Commissioner
Dawkins' point that we should have had a little bit more time to do this. And
the last three weeks have been lost to a hurricane. We certainly couldn't
plan that. And Chief Ross has done a good job of figuring out a way to deploy
more police officers. So, I have no problem with that. But we've got a few
units out there and a few people out there that don't seem to quite get the
message that we need police officers doing police work. We need fire fighters
doing what they do now and a few other things that maybe they haven't done in
the past, but we need your help. You've got very qualified people. You've
got physically able people. You've got people who are intellectually
competent. You've got incredible medical capacity in your department. And
your rescue people are fantastic. But you've also got a lot of down time in
the Fire Department. So, if we can use you for accident reports, if we can
use you for anything, Chief Gimenez, I think you're a creative person, and
you're someone who can step forth and say, "Yes, we can do that." We did it
on an emergency basis the last three weeks. We have people doing everything
In the City. We have people directing traffic who typically are sitting
behind an office writing complicated documents. We had planners, we had
everybody out there. I say planners, I never thought I'd see planners doing
that. One of them, unfortunately, had an injury back there and is sitting
around with some rather strange dress code today. But, other than Sergio, who
I know was present at many of the meetings, everybody did a magnificent job.
If we could do that in an emergency, why can't we do that as part of our
operating, normal operating mode in the City? So that people get more bang
for their buck. And believe me, they just don't have too many bucks, folks.
We had a decrease in the tax base of the downtown last year. I believe it was
243 September 10, 1992
about three percent. We don't know what's going to happen next year. I
think, blessedly for us, I think it's going to go up. I think it's going to
go up, in part, because of Hurricane Andrew, because I think those buildings
are being occupied and, of course, the International Place is the most
significant one, the former Centrust, which is now 90% occupied as a result of
American Bankers moving in. Many other people are moving into the City, as a
result of Hurricane Andrew. Hopefully, we will clean up the City, protect the
citizens, and otherwise make it so they don't want to leave the City. They
want to stay in the City of Miami when it's all said and done. And then that
increases our tax base and increases the number of people who are able to pay
for the services that we're giving them, which I think have been magnificent
throughout the hurricane. But I know, in that case, you were counting on some
federal help to pay for some of these salaries and when that's gone we're
right back to our $10,000,000,000 tax base which, this year, barely went up at
all and was reduced in Downtown Miami. And we're back...
Commissioner Plummer: What went up?
Mayor Suarez: ...to the $100,000,000 that we derived...
Commissioner Plummer: Nothing went up. It all went down.
Mayor Suarez: ...from that and anything else we can get from government and
otherwise. So, these are my views.
Commissioner Plummer: It went down.
Mayor Suarez: I hope they're reflected in second reading, Mr. Manager.
Otherwise, there may be some problems in getting a third vote at that point.
Commissioner Plummer: May I try to resolve one problem, Mr. Mayor? I'll make
a motion at this time that the administration is under a mandate that they
must provide to this City Commission, next year and following years, the
budget, no later than the 15th day of July. I so move.
Commissioner Dawkins: Second.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-555
A MOTION DIRECTING THE CITY MANAGER TO PROVIDE TO CITY
COMMISSIONERS ALL FUTURE CITY OF MIAMI BUDGETS NO
LATER THAN THE 15TH OF JULY.
[Note for the Record: Commissioner Plummer directed
the Administration to present all future budgets to
the Commission on a quarterly basis.
244 September 10, 1992
a% V
1 f
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner De Yurre: Didn't we do that last year?
Mr. Odio: I think we did it this year.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: I have a question of the Law Department. Mr. City
Attorney, is it within the provision of this City Commission to pass a budget
for six months?
Mr. Jones: Under the State statute you have an option of... The only option
is contemplated is if, in fact, you do not adopt a tentative budget, is to
readopt the final budget from the previous year. That's the only...
Commissioner Plummer: You're not... You're missing my point. Can we adopt a
six month budget...
Mr. Jones: No you can't...
Commissioner Plummer: ...starting October 1st?
Mr. Jones: No you cannot. You'd have to adopt the entire budget for the
fiscal year. There's no...
Commissioner Plummer: Can I automatically...
Mayor Suarez: But, J.L., we have another provision in the Charter that we
have not been invoking. We have a right to periodic reports on any
adjustments in the budget. And when I've mentioned in that in the memo to the
Manager, I hope that you're willing to vote to have those be on a monthly
basis.
Commissioner Plummer: Quarterly.
Mayor Suarez: Well, or quarterly.
Mr. Odio: I think I told some of you that, because of the circumstances,
three months from now we're going to have to review where we are.
245 September 10, 1992
y". '
Commissioner Plummer: All right.
Mr. Odio: Because I don't know...
Commissioner Plummer: Fully understood the motion that I'll make at this
time, that for an agenda, quarterly, for the next year at least, this
Commission at a Commission meeting will review the budget. I so move. On a
quarterly basis.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll. Yes,
Commissioner De Yurre.
Commissioner De Yurre: What do you mean by review? Look at the book again?
Commissioner Plummer: No, sir. What I'm saying is...
Mayor Suarez: No, revised budget. It's got to be...
Commissioner Plummer: No, no. Victor, just so you understand what I'm
saying. I'm going to be sitting with the Manager and the Budget Department
for the next 14 days trying to get across those things that I think are very
important. And if I do, and they say they'll do them, and in three months
they haven't been done, I'm going to change... We can change the budget. I
know that. So, I'm saying quarterly we will review...
Mr. Odio: ...you cannot change the budget.
Commissioner Plummer: We can change budgets at any time.
Commissioner Dawkins: You can redistribute the money. You cannot change the
budget.
Commissioner Plummer: You sure as hell can.
Commissioner Dawkins: You can redistribute the money. You can't change the
budget.
Mr. Odio: You cannot change the...
Commissioner Plummer: That's right. Well, then what's the difference?
Commissioner Dawkins: There's a lot of difference.
Commissioner Plummer: When you grab their wallet they listen. OK.
Mayor Suarez In fact, the Charter, if I remember corre:tly the wording, it
says, "detailed reports of any variations from the budget, on a periodic
basis." We understand periodic to be quarterly, but I'm pretty sure it says
"detailed reports." And that doesn't mean just generally, well we have an
extra half a million dollars that we have to come up with, or we spent a half
246 September 10, 1992
4*
0
00
A million dollars less. It means detailed, department by department and
maybe...
Mr. Odio: Wait, Mr. Mayor...
Mayor Suarez: ...function by function with departments.
Mr. Odio: We tried that. We have a quarterly report that we put out this
year...
Commissioner Plummer: No, no. I'm talking about...
Mr. Odio: ...in detail, of the budget.
Commissioner Plummer: ...before the City Commission, on the agenda item.
Mayor Suarez: I don't remember receiving four. I mean, if it's quarterly you
receive four and I don't...
Mr. Odio: We have...
Mayor Suarez: We may have received one, at some point, when we insisted on
one.
Mr. Odio: Yeah. We went to quarterly budget this year, this past year.
Mayor Suarez: I wouldn't...
Vice Mayor Alonso: Mr. Manager...
Mayor Suarez: ...mind receiving a monthly one but...
Commissioner Dawkins: Mr. Mayor?
Mayor Suarez: Yes.
Commissioner Dawkins: Since we're getting the...
Mayor Suarez: Commissioner Dawkins...
Commissioner Dawkins: Since...
Mayor Suarez: The Vice Mayor asked if you'd yield, please.
Commissioner Dawkins: OK. Granted. No. Go ahead.
Vice Mayor Alonso: Thank you. I'd like to know how many people have been
laid off in the last month.
Mr. Odio: Lay off? I know...
Vice Mayor Alonso: People are calling my office and my home, letting me know
that they're losing their jobs.
247 September 10, 1992
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Mr. Odio: Which people? I don't know.
Vice Mayor Alonso: Uh...
Mr. Odio: We have notified some people that...
Vice Mayor Alonso: From Park and Recreation...
Mr. Odio: Uh-huh. Are they permanent...
Vice Mayor Alonso: They have called me.
Mr. Odio: ...permanent employees? Permanent employees?
Vice Mayor Alonso: Are we letting people go, yes or no?
Mayor Suarez: Are there any permanent employees...
Mr. Odio: We have... Permanent employees?
Mayor Suarez: ...because I know of one who has been given a notice.
Vice Mayor Alonso: Permanent employees or temporary employees. The problem
Is...
Mr. Odio: Permanent...
Vice Mayor Alonso: Remember, in Park and Recreation we have people who are
not permanent employees of the City of Miami...
Mr. Odio: Permanent...
Vice Mayor Alonso: ...but they've been here with us for years.
Mayor Suarez: I'm glad you brought that up because I hope the new budget, to
offset some of these other savings, figures out a way to try to make as many
of those permanent as possible.
Vice Mayor Alonso: They've been here...
Mr. Odio: No, you can't.
Vice Mayor Alonso: ...ten years, six years, five years.
Mayor Suarez: Don't say you can't. Don't say you can't.
Vice Mayor Alonso: Many, many years.
Mr. Odio: Permanent...
Vice Mayor Alonso: Are any of these individuals losing their jobs?
Mr. Odio: There are no permanent employees that have been laid off.
Permanent employees have not been laid off.
248 September 10, 1992
r
Vice Mayor Alonso: OK.
Mayor Suarez: Well some employees have received something that sure looks
like a layoff notice.
Mr. Odio: What they were told... Let me tell you...
Mayor Suarez: They were told to go over to apply in the Police Department.
Mr. Odio: If I may...
Mayor Suarez: And they were people who had civil service.
Mr. Odio: If I may say... We have, in some budgets, eliminated certain
positions and what we're trying to do is civilianize the Police Department
with those people because we cannot afford to hire people from the outside.
So those people that...
Mayor Suarez: Do you have a list of positions that have been eliminated which
happen to be occupied by people who have civil service right now?
Mr. Odio: It doesn't...
Mayor Suarez: Or do the unions have those?
Mr. Odio: Yes. They know. They're aware.
Mayor Suarez: Well, we'd like to know it too.
Vice Mayor Alonso: We'd like to know.
Mr. Odio: OK. Well I'll be glad to go over them.
Mayor Suarez: I'd like to have a list of anyone...
Mr. Odio: Yeah.
Mayor Suarez: ...who is civil service and who...
Mr. Odio: Angel...
Mayor Suarez: ...is contacting our office saying, "I'm being told to go over
to the Police Department...
Mr. Odio: Right.
Mayor Suarez: ...hoping to find a job."
Mr. Odio: We're trying to put civilians into the Police Department and the
only way I know how to do it, with the limited amount of monies we have, is to
say, "You move over to the Police Department. We'll give you an opportunity
there." And that's what we're doing.
249 September 10, 1992
t
Vice Mayor Alonso: Well...
Mayor Suarez: They should not understand those notices to mean that if a
position is not found in the Police Department they're gone, or they should?
Mr. Odio: If they don't accept a police... a position...
Vice Mayor Alonso: They are gone.
Mr. Odio: ...at the Police Department. They're gone because...
Mayor Suarez: But what if there isn't a position at the Police Department?
Mr. Odio: ...we're giving them opportunities there to replace a Police
Officer as I was instructed by this Commission to do. So, what I'll do is,
you have an opportunity here in the Police Department, you want it? Yes, you
stay. If you don't want it then you don't have a job.
Commissioner Plummer: But what's wrong with that?
Mr. Odio: Nothing.
Commissioner Plummer: Oh.
Vice Mayor Alonso: But what about temporary employees?
Mr. Odio: Part-time and temporary people have not been on the payroll since
Hurricane Andrew. In the Parks Department all the parks are closed. We
cannot pay for them now.
Vice Mayor Alonso: How many people are we talking about?
Mr. Odio: Approximately 200 people are not in the payroll as of right now
because you...
Commissioner Plummer: Are they permanent employees?
Mr. Odio: No, they're part-timers.
Commissioner Plummer: Oh.
Mr. Odio: And, what we did, by the way, on the jobs program that the
Department of Labor sent the money down. We told them the first priority is
the City employees that are not getting paid right now because they're not
covered by the emergency.
Vice Mayor Alonso: We've been hiring people to do work for the City of Miami.
Why didn't we give them a priority?
Mr. Odio: We have not hired any employees to do any work for the City of
Miami. We have hired...
Vice Mayor Alonso: Well, even if it's temporary...
250 September 10, 1992
Mr. Odio: We have hired contractors with full equipment; that is,
loaders, cranes, to come in and pick the trash up. We have not hire
to do any clean up, that I know of,
Vice Mayor Alonso: Did we hear, just about an hour ago, that we did
Commissioner Plummer: Yeah.
Vice Mayor Alonso: How many people did you say we hired?
Commissioner Plummer: Three hundred.
Mr. Odio: The three... Whatever they did, they had to give first p
City employees that were...
Vice Mayor Alonso: Did...
Mr. Odio: ...not getting paid because...
Commissioner Plummer: Three hundred.
Mr. Odio: ...they are part-timers.
Vice Mayor Alonso: We gave them an opportunity...
Mr. Odio: Is that correct?
Vice Mayor Alonso: ...to be hired among these groups?
Mr. Ivey Kearson: We hired 360 persons and we targeted the neighborhoods.
And we tried to inform some persons who were laid off of what we were doing.
Mayor Suarez: Ivey, the jobs that you were...
Mr. Odio: Don't use the term laid off because nobody has been laid off.
Mr. Kearson: All right. Well...
Mayor Suarez: Ivey, the jobs that you were offering were like for one month,
one week,.how long?
Mr. Kearson: Ninety days.
Mr. Odio: Ninety days.
Mayor Suarez: That's probably...
Vice Mayor Alonso: Ninety days and... But were these people notified?
Mr. Kearson: Which people are we talking about?
Vice Mayor Alonso: The 200 persons, part -times and temporaries...
Mr. Odio: Yes. Ruder...
251 September 10, 1992
r
Vice Mayor Alonso: ...that lost their jobs.
Mr. Odio: That was my...
Mr. Alberto Ruder: We contacted all of them and some of them we were not able
to get their phone numbers right away and we were referring them all to this
program. Some didn't want to take the jobs. Some are in the program already.
Some are in the process of being registered. Some have gotten some jobs from
the private sector, just a few, that we've been able. Some companies have
contacted us and it's a six dollar an hour job, which is more than what a lot
of them were earning with the City. So, we tried to contact as many as we
could to try to, at least, refer them to this program.
Vice Mayor Alonso: Somehow, there is a contradiction. One hour ago you told
us that you were approaching, through the NET program, the different
neighborhoods and advertised among the NET areas...
Mr. Kearson: That's one...
Vice Mayor Alonso: ...so we could hire people from those areas. And now,
when we inquire about the people that lost their jobs you're telling me that
yes, they were notified and many of these individuals...
Mr. Kearson: No that was one...
Vice Mayor Alonso: ...got the jobs.
Mr. Kearson: That was one avenue that we used to notify...
Commissioner Plummer: Too late. Too late.
Mr. Kearson: ...notify individuals. We also talked to the departments and
explained to them what we were doing. And the Manager was aware of what we
were doing. So, we had various ways of trying to...
Mr. Odio: It was my instructions that first priority was to the City
employees.
Mr. Kearson: Yeah. That's correct.
Mr. Odio: ...and nothing else.
Mr. Kearson: That's right.
Vice Mayor Alonso: I'd like to have a list of the individuals who are working
now and also, notification of who was working with us before and the names of {`
the ones that were hired and were not working for the City of Miami before. R
Mr. Manager, I believe that this Commission wants to know about things like
this.
Mr. Odio: Well...
252 September 10, 1992
Vice Mayor Alonso: We would like to be notified of these things that are
happening...
Mr. Odio: Well...
Vice Mayor Alonso: ...because it's important to us. Also, may I inquire how
many openings we had in the Police Department?
Mr. Odio: Openings?
Vice Mayor Alonso: Yes.
Mr. Odio: Civilianized? We had...
Vice Mayor Alonso: Yes.
Mr. Odio: fifty, fifty-seven. Is that correct, somebody? Fifty-seven or 60,
something like that. And my intentions are not to hire anyone from the
outside because we don't have the money to... We cannot afford it.
Vice Mayor Alonso: So the 57 is among people who have...
Mr. Odio: We're going to have to...
Vice Mayor Alonso: ...civil service and they are going to be transferred to
the Police Department.
Mr. Odio: We're going to reassign them there because I think some of them
could be very good, as a matter of fact, in the Police Department.
Vice Mayor Alonso: The only... Only 57 are going to be changed...
Mr. Odio: Well...
Vice Mayor Alonso: ...from different departments or are they going to lose
their jobs, more than 57?
Mr. Odio: We're not planning to lay off any permanent employee. I have said
that all along. No permanent employee will be let go.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I'm more confused than the Vice Mayor. You say that
you are making 200 people available and that 200 people have been told to go
to -the Police Department...
Mr. Odio: I'm sorry, Commissioner....
Commissioner Dawkins: ...and then you've only got 57 jobs for the...
Mr. Odio: No, no, sir. I'm sorry.
Commissioner Dawkins: OK. Well unconfuse me, please.
253 September 10, 1992
-------------------------
Mr. Odio: The 200 are part-timers that because the... First of all, some of
them were in the summer program only, so they're...
Commissioner Dawkins: OK. All right. Then let's forget the part-timers.
Mr. Odio: Right. Permanent...
Commissioner Dawkins: Who are we sending to the Police Department for jobs?
Mr. Odio: Angela...
Commissioner Dawkins: Who are we sending?
Mr. Odio: Angela, will you give him a number of positions that are...
Ms. Angela Bellamy: Commissioners, we were involved in the police
civilianization process, which means the sworn officers we have been
conducting audits to determine what civil service classes the sworn officers
could be changed to. Now, we had a request for approximately 57. There have
been 19 audits that have been completed. That means for those positions, the
wish, the intent was that from those budgets, from the individual departments,
where positions have been cut, those persons would be referred to the Police
Department. The Police Department would then interview them and determine
which positions they would be able to be placed in, within the civilianization
process and, therefore, be able to send sworn personnel out to the streets.
Commissioner Dawkins: OK. Supposedly, I can... Supposedly, me and the
Police Department, through mutual agreement, do not agree. What do I do then?
Ms. Bellamy: You're saying to me if you are an applicant...
Commissioner Dawkins: Yes. If I'm sent to the Police Department and through
mutual agreement they don't like me and I don't like them and I'm not hired,
what?
Commissioner Plummer: You're out in the cold.
Ms. Bellamy: Then they would either not have a job within the City or we'd
look to see if there...
Commissioner Dawkins: So, you also...
Ms. Bellamy: ...is any other place we can find something for them.
Commissioner Dawkins: So, they are fired.
Ms. Bellamy: No, I didn't say that.
Commissioner Dawkins: You said that they wouldn't have anything to do.
Ms. Bellamy: No, I said we would either look and see if there is any other
position within the City that they could be transferred to.
Commissioner Dawkins: Well, why would we...
254 September 10, 1992
Ms. Bellamy: Because...
Commissioner Dawkins: Well, why would we send them to the Police Department
if we've got other positions they could transfer to.
Ms. Bellamy: We don't...
Commissioner Dawkins: See, I'm confused.
Ms. Bellamy: No. Presently we do not have other positions.
Commissioner Dawkins: OK.
Ms. Bellamy: However...
Commissioner Dawkins: How can we find a position then? If I'm turned down at
the Police Department, how can you go find me a position that you don't have?
Ms. Bellamy: Because, through attrition, we have other persons either
leaving, going to seek other employment and there may be a vacancy.
Commissioner Dawkins: OK. Then, Mrs. Bellamy, what happened to the PSAs that
J.L. Plummer said that should be used to relieve these policemen to put them
on the streets? Now, where are those PSAs that you have room to send the
people in the City of Miami. Now where are the PSAs? J.L. Plummer demanded
that you hire 250 PSAs...
Commissioner Plummer: One hundred fifty.
Commissioner Dawkins: ...and that they were supposed to be used...
Commissioner Plummer: I wish. It was 150 but...
Commissioner Dawkins: OK. One hundred and fifty PSAs who were supposed to be
used to relieve officers to go on the streets. So 150 PSAs and 57 employees
Is 207 people to replace 57 people. I mean, I'm... See, I'm confused but
that's OK. It's nothing new.
Ms. Bellamy: Well, Commissioner...
Commissioner Dawkins: Now, I would like to say... I'm through with that.
You don't... I mean you and I...
Ms. Bellamy: Well, I just wanted to respond to that because...
Commissioner Dawkins: Yes, ma'am. But the more you respond, the more
confused I get. So just let me thank you. Thank you, Mr. Manager. Now, I'd
like to...
Vice Mayor Alonso: Yeah. I have some more questions, please.
Commissioner Dawkins: One question, please, about... If you'll yield Madam
City...
255 September 10, 1992
Vice Mayor Alonso: Yes, of course.
Commissioner Dawkins: I mean, Mayor. Mr. City Attorney, I'd like a legal
opinion from you, in writing, at the next Commission meeting. What is the
legal way that I as a taxpayer of the City of Miami, can place my tax dollar
in escrow, rather than paying it to a City of Miami that pays a workforce that
does not live in the City of Miami? I want to know, what's the way, legally,
to take my dollars and establish at SunBank, a tax escrow account that me, and
other taxpayers who feel like I feel, that I should not take my tax dollar,
what I work hard for in the City of Miami, and pay a workforce that does not
live in the City of Miami. Bring that back legally for me at the next
meeting. Thank you.
Commissioner Plummer: Let me tell you something that we all better be aware
of, if we're not. There is a constitutional question on the ballot in
November commonly referred to as "Save our homes." I don't think there's any
question in my mind that that's going to pass. And what that amendment says
is that no municipality can raise its taxes three percent more than the year
previous. Now, I want to tell you something. Assuming that that is going to
pass, there are going to have to be some major, major changes in this City.
Mayor Suarez: Does it say taxes like tax revenues or...
Commissioner Plummer: Ad valorem.
Vice Mayor Alonso: Ad valorem.
Commissioner Plummer: Ad valorem. Save our...
Mayor Suarez: ...taxes like tax rate.
Commissioner Plummer: No, no. Three percent.
Vice Mayor Alonso: Three percent on the assessment value of the property.
Commissioner Plummer: Save our Homes, in my estimation there is... I'm going
to vote for it.
Vice Mayor Alonso: It did not pass in the legislators therefore...
Commissioner Plummer: Yeah.
Vice Mayor Alonso: ...the signatures were collected.
Commissioner Plummer: I also would like to ask this question. This
Commission, and I'm not finding fault with my colleagues, but I've got to know
the number, voted not to increase on the debts service which means debt
service is an obligation, which now will have to be paid from the general
fund. How much of the general fund money is going to have to be used to cover
the debt service by the motion that was defeated?
Mayor Suarez: Well, maybe none of it because, maybe they'll...
256 September 10, 1992
Commissioner Dawkins! What motion are you talking about that was defeated?
Mayor Suarez: That was...
Vice Mayor Alonso: There was no reason to increase.
Commissioner Plummer: The motion that... The debt service had an increase
and the Commission...
Mayor Suarez: At the first budget, the first hearing on setting the millage
rates.
Commissioner Plummer: ...turned down...
Commissioner Dawkins: Oh, I didn't... I wasn't here.
Mayor Suarez: Right.
Commissioner Plummer: OK. The millage rates.
Mr. Surana: ... find balance?
Mayor Suarez: Aren't you trying to refinance some of the GO Bond, General
Obligation Bonds and wouldn't that possibly bring us back to the debt service
that we have in fact approved?
Mr. Garcia: If we do the transaction that is right, Mr. Mayor. If not, I
think we have some small amount of fund balance in the General Obligation debt
service that we can use for the purpose.
Commissioner Plummer: So, what you're...
Mayor Suarez: Because it seemed strange, J.L., that it had increased even
though the actual, total amount of debt had not increased. In fact, it had
decreased a little bit and it had to do with the interest rates we were
paying.
Commissioner Plummer: So, the answer...
Mayor Suarez: With this reduction we may be OK.
Commissioner Plummer: The answer is that, in fact, there's a possibility
there will be no increase...
Mayor Suarez: Right.
Commissioner Plummer:
Mayor Suarez: Exactly.
Mr. Garcia: Right.
...or no monies taken from the general fund.
Commissioner Plummer: OK. Mr. Mayor, I ask this question in reference to the
department heads and their salaries. Would you... I think maybe I would be
257 September 10, 1992
more comfortable. Rather than setting individual department head salaries,
that we set a percentage that affects all.
Commissioner Dawkins: You know, I have a problem, Mr. Mayor.
Commissioner Plummer: I'm just asking.
Commissioner Dawkins: And I may as well say it. Mr. Plummer let me... `
Commissioner Plummer: Sure.
Commissioner Dawkins: May I... Will you yield, please?
Commissioner Plummer: Very definitely, sir.
Commissioner Dawkins: You know, I sit here and I just heard us say what a
hell of a job the Fire Department did, how great the policemen were, they
risked their lives to save persons, property and everything. And, now, all
I've heard all day long is, these gentlemen and ladies who have geared their
life-style to X dollars, through no fault of their own, but because we allowed
their bargaining agents to negotiate in their behalf and come up with these
kinds of salaries, now you're going to tell a man who just risked his life
during the hurricane, and did such a hell of a job, "No. I'm not going to pay
you what I paid you while you risked your life, although I appreciate it. But
I expect you to take a 20 percent cut in salary and stay here and work." You
know, I can understand us saying that from now on nobody else will be paid
this. Or as people retire we will not pay those salaries. But I for one do
not intend to vote, to have a person change their life-style, because we have
paid them a salary that got them accustomed to that life-style.
Mayor Suarez: But none of them are collective bargaining...
Commissioner Plummer: May I...
Mayor Suarez: ...issues, because they are all discretionary employees.
Commissioner Plummer: May I...
Mayor Suarez: Yes.
Commissioner Plummer: ...answer my esteemed colleague?
Commissioner Dawkins: Um-hmm.
Commissioner Plummer: In the same way, Commissioner, that they did not bring
this about, we did not bring about the fact that our budget is being cut by
the assessments and the millage of this community. We have got to tighten our
belEach and every one of us in our own commission offices took a six
percent. cuc. Am I right, Mr. Manager?
Mr. Odio: Everybody.
Commissioner Plummer: Everybody. OK? Now, I'm saying if each and every...
Our salary can't go any lower. I mean, if they want to take six percent of
258 September 10, 1992
Mayor Suarez: I'll take your 300 bucks right now.
Commissioner Plummer: You got it Toyota. You know, what I'm saying to you...
Something's got to give. I wouldn't want to take and cut a person's salary,
but in the 21 years that I have sat here, Commissioner, this is the first year
that 1 have had to deal with a budget that was a turndown in revenue. All 21
years prior to this, a little bit of an increase, a half a percent, one
percent, two percent increase, every year. I have never had to deal with a
budget that is a downturn. I merely asked the question, so that it cannot be
said, that politically we were picking on one department head or another.
Would it be more comfortable if, in fact, we're going to do anything in that
area...
Mr. Odio: Well...
Commissioner Plummer: ...that we set a percentage of cut...
Mr. Odio: Well...
Commissioner Plummer: ...across the board to apply all. That's the question
I'm asking.
Mr. Odio: Before you go cutting, you have Assistant City Managers that are
doubling up as directors.
Commissioner Plummer: Sir, I'm well aware of that.
Mr. Odio: OK.
Commissioner Plummer: OK.
Mr. Odio: The Assistant City Managers are excluded, through the Charter, from
the salary of the... the Commission touching their salary. And so...
Commissioner Plummer: You mean if we leave their budget alone...
Mr. Odio: If you...
Commissioner Plummer: ...and the budget is there for them...
Mr. Odio: Right.
Commissioner Plummer: ...to be paid...
Mr. Odio: I...
Commissioner Plummer: ...we can't touch it. You are correct.
Mr. Odio: Where I have...
Commissioner Plummer: But if we kill that budget...
259 September 10, 1992
h
3�
Mr. Odio: Can I...
Commissioner Plummer: ...and there's no money left...
Mr. Odio: Sure. You can do that.
Mayor Suarez: By the way, I don't buy that interpretation of the City
Charter. But...
Commissioner Plummer: Of course we can.
Mr. Odio: But...
Mayor Suarez: But I would...
Mr. Odio: But why...
Mayor Suarez:
...for myself...
Mr. Odio: Why are you going to penalize somebody?
Mayor Suarez: ...but I would... Wait, wait, Mr. Manager. But I would for
myself, allow some discretion to the Manager, if someone is a department head
and also an Assistant City Manager...
Mr. Odio: They are all.
Mayor Suarez: But, I just want to put on the record.
Mr. Odlo: I'd want...
Mayor Suarez: The City Charter looks to me pretty clear that department head
salaries are set by this Commission. To me...
Mr. Odin: Fine.- So...
Mayor Suarez: ...I understand that to mean the highest paid people other than
the City Manager, City Attorney, the City Clerk...
Mr. Odio: But...
Mayor Suarez: ...whose salaries we set separately anyhow because we appoint
those people.
Mr. Odio: Before the Assistant City Managers doubled up as directors, you had
32 department heads, directors. You had six Assistant City Managers. Nobody
ever talked about cutting their high salaries at that time, and they were
high. Now that these people are few indeed, you've only got eight directors
left... Now that they have doubled up and they are working double duty and
they have less people in the department to work with them, now we're going to
penalize them for...
Commissioner Plummer: Mr. Manager...
260 September 10, 1992
0*
Mr. Odio: ...for having done this.
Commissioner Plummer: It is not my...
Mr. Odio: If...
Commissioner Plummer: It was never my intent to penalize anybody.
Mr. Odio: Well, that's what we're talking about here...
Commissioner Plummer: We are on a downturn budget.
Mr. Odio: Fine. But you have a balanced budget. If you...
Commissioner Plummer: No sir, we don't.
Mr. Odio: Yes, you do.
Commissioner Plummer: No, we don't.
Mr. Odio: If you approve this budget you have a balanced budget without doing
that.
Commissioner Plummer: No sir, we do not have a balanced budget without the
waste fees.
Mr. Odio: You have a balanced budget without the waste fees.
Commissioner Plummer: Without it?
Mr. Odio: Yes.
Commissioner Plummer: You're in... OK.
Mr. Odio: And that's why I took them out and, unfortunately, it had to take
Andrew to do that.
Commissioner Plummer: OK.
Mr. Odio: And I don't want to get into the details...
Commissioner Plummer: Hey...
Mr. Odio: ...at this time. But I say, at a time where people have worked 24
hours a day for three weeks, where they're doubling up... They're doubling.
There are departments here, that I look now and compare them to five years
ago, and they have 20 percent less employees, some of them. They have been
cut to the bone.
Commissioner Plummer: Mr. Manager...
Mr. Odio: And they're still delivering the same service.
261 September 10, 1992
.6
z
Commissioner Plummer: Excuse me, sir.
Mr. Odio: They're still delivering the same service.
Commissioner Plummer,. In private sector business, when your revenue is down,
I take less money.
Mr. Odio: Well, how do you explain...
Commissioner Plummer: When my revenue is up, I make more money.
Mr. Odio: But how do you explain then...
Commissioner Plummer: Our revenue is down.
Mr. Odio: I agree. And we have to face that. The unions and us have to face
that and you. And that's...
Commissioner Plummer: I'm not talking about the unions.
Mr. Odio: I'm talking in general. We all have to face that. They have given
up some things to balance this budget.
Commissioner Plummer: That's right.
Mr. Odio: You have to know that.
Mayor Suarez: So, department heads have to...
Mr. Odio: Don't... Please.
Mayor Suarez: ...give up some things too.
Mr. Odio: Please.
Commissioner Plummer: That's right.
Mr. Odio: Don't penalize the people that are making this happen. And the...
Mayor Suarez: Well, the Commissioner's question has to do with whether we
prefer to do this across the board or individually. And I
think there are
some individual situations. You've
got Police Chief and
Fire Chief with
incredible responsibilities.
Commissioner Plummer: Well, they're
making higher salaries
than people in
other departments.
Vice Mayor Alonso: But if it's going
to be done, it has to
be done, equally
or not.
Commissioner Plummer: That's why I said percentage -wise maybe was acceptable.
Vice Mayor Alonso: I think it's unfair to be making distinctions.
262 September 10, 1992
Commissioner Dawkins: Mr. Mayor...
Mayor Suarez: Well, that's why I thought that the Commission Awareness idea
of making the recommendations back to the Commission would make sense. Now,
it depends... You know, it's however you all want handle it.
Commissioner Dawkins: Mr. Mayor?
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Mr. Manager, they say that the revenue is down, it's
been fatting. How many City of Miami employees reside in the City of Miami?
Commissioner Plummer: Forty percent.
Mr. Odio: What is it? Fifty percent, something like that?
Commissioner Plummer: About 40.
Vice Mayor Alonso: Less.
Commissioner Dawkins: Well, no... Hell... No, no, no.
Mr. Odio: No, I don't... I don't remember.
Commissioner Plummer: About 40.
Mr. Odio: Forty?
Commissioner Plummer: About 40 percent.
Mr. Odio: Forty percent.
Commissioner Dawkins: Forty percent?
Mr. Odio: Yeah.
Commissioner Plummer: Roughly.
Commissioner Dawkins: Sixty percent do not live in the City. OK?
Mr. Odio Yes, sir.
Commissioner Dawkins: And you want to know why your revenue is down?
Mr. Odio: Well, I wish I... If that was the cause... Well, I will not
argue, Commissioner, with you the...
Mayor Suarez: It's an opportunity cost.
Mr. Odio: ...advantage of the residency.
believe, done with the...
We are going to get that, I
263
September 10, 1992
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01,
ti.
Commissioner Dawkins: No, but I'm just... But I hear people up here say that
the revenue is down. It's been going down for three years.
Commissioner Plummer: I never said that.
Commissioner Dawkins: And we don't have any revenue.
Commissioner Plummer: This year.
Commissioner Dawkins: And because the revenue is down we have to ask people
to take a cut in salary. But, hey, I've been saying for five years, if you
get people to move into the City, who contribute to your tax base, your
revenue will increase. So, all I just want to do is point out that the
revenue going down is nothing new. It's been happening for the last five
years. And I think...
Commissioner Plummer: Mr. Surana, I'm going to ask one more question. Sir?
Mayor Suarez: Yeah.
Commissioner Plummer: The Fire Department has questioned my number, which you
gave to me, and I would want you to argue with them to justify your number.
You indicated to me, sir, that on police and fire, you, on the average, added
48% for perks. Is that a correct statement?
Mr. Surana: Yes, sir.
Commissioner Plummer: They say that you don't what the hell you're talking
about. And I would appreciate you meeting with them and then the two of you
come back and tell me who's right and who's wrong.
Mr. Odio: No. I'll tell you...
Commissioner Plummer: Because it's not my number.
Mr. Odio: You're both...
Commissioner Plummer: I didn't develop it.
Mr. Odio: You're both right.
Commissioner Plummer: That's fine to know.
Mr. Odio: Now, let me tell you why you're both right.
Commissioner Plummer: But they say I'm wrong.
Mr. Odio: What they're saying is...
Commissioner Plummer: OK.
Mr. Odio: ...that they have obtained some benefits that are direct to them,
that's 27%, something like that.
264 September 10, 1992
4 �,z
Commissioner Plummer: OK. Hey, I just want to know...
Mr. Odio: The other part of the benefit...
Commissioner Plummer: ...who's right and who's wrong. I'm just merely
asking.
Mr. Odio: Let me explain. You're both right, in a way.
Commissioner Plummer: Well, the Fire Department says you're wrong.
Mr. Odio: The for... It is 47 percent but part of that is the Gates case.
Commissioner Plummer: You see.
Mr. Odio: And that's why it's inflated that way.
Commissioner Plummer: OK.
Mr. Odio: And they have no control over that. Or we don't either, as a
matter of fact.
Commissioner Plummer: Let's understand where we're coming from.
Mayor Suarez: Your calculation, Shorty, is that your actual direct benefits
are 27 percent in addition...
Mr. Shorty Bryson: Over...
Mayor Suarez: ...to the compensation, direct compensation?
Mr. Bryson: Yeah. Over and above our salaries in the Fire Department, our
benefits are 20.5 percent more. That's what it costs the City.
Commissioner Plummer: Mano, you hear that?
Mr. Surana: I'll sit down with...
Commissioner Plummer: He said you don't know what you're talking about.
That's what he said.
Mayor Suarez: Now, you're excluding from that any... t
Mr. Bryson: I didn't say that, but...
Mayor Suarez: Wait, Shorty.
Vice Mayor Alonso: ...you that.
Mayor. Suarez: You're excluding from that any cost associated with past
mistakes. Somehow you're ruling those out, right? --
Mr. Bryson: I did take Gates out.VV
lr
265 September 10, 1992
Mayor Suarez: OK.
Mr. Bryson: ...because Gates is a balloon payment that the City set up and
didn't...
Mayor Suarez: What else are you taking out that he might have included?
Mr. Bryson: I didn't take out. What I did was, the Budget Department double
counted benefits. In other words, when we get vacation time it's calculated
in our salary and it's not an additional cost to the City, because they
counted it as a second cost. Same with "I" time. Now, yes, if you want to
take our total salary and benefit and say that's 50,000, you might say that 40
percent of that is benefits but you won't say 40 percent on top of 50.
Mayor Suarez: Oh.
Mr. Bryson: And that's what's going on.
Mayor Suarez: All right. So they may have... There may have been a
miscalculation there.
Commissioner Plummer: Shorty, let me tell you something. The one thing you
can't deny and can't be denied, is that 351 of our employees represent more
than $100,000 a year to the taxpayers. That cannot be denied.
Mayor Suarez: And most of those people are not in the union.
Mr. Bryson: Yes, sir it can be denied.
Commissioner Plummer: Sir, I will give you the readout and let you dispute it
all you want.
Mr. Bryson: That readout was based on adding a 50 percent benefit rate and I
will sit down with him and prove to him that he's wrong.
Commissioner Plummer: Sir, if it's wrong then I wish somebody would inform
the department that it's wrong because I can only, as a Commissioner, use and
deal with facts that I am given by my professionals. Now, if it's wrong,
that's why I asked him to come up here and to give me these numbers because
somewhere along the line, I've got to deal with reality, not what you think is
right or he thinks is right, but what is, in fact, right. OK?
Mr. Bryson: Absolutely.
Commissioner Plummer: So, I'm not going to ask you to do it today in front of
the microphone. But, by God, let me tell you, at the next Commission meeting
when we come to the finalization, that's where it's going to come to. Al
right. Just so you know.
Mr. Bryson: Well, we'll have the real number by then.
Commissioner Plummer: And, Charlie, I offered you a copy. Did you go pick it
up?
266 September 10, 1992
Mr. Charlie Cox: I got it.
Commissioner Plummer: OK. Sixteen hundred people making, you know... It's
amazing. Go ahead. Take it from there.
Mayor Suarez: Charlie Cox.
Mr. Cox: Yes. I'd like to address the Commission on some things.
Commissioner Dawkins: Identify yourself, Charlie.
Mr. Cox: Charlie Cox, President of AFSCME, (American Federal, State, County,
and Municipal Employees) Local 1907. I'm going to tell you now, for about
six months we've got up here and got our butts kicked. OK? And that's the
employees that I represent. And I'm telling you, I'm damned proud to
represent every employee that we've got in this City. I will also tell you
that at some point in time all of you need to face reality too. What has
happened to this City and you say we're not taking the cost, I'm getting
accused by the employees of sleeping with the Manager. OK? The Manager, I'm
sure, is getting accused of sleeping with the unions.
Mr. Odio: You are too ugly, Charlie.
Mr. Cox: And I'm going to sit here and tell all of you...
Mayor Suarez: I knew the afternoon was going to be more lively than the
morning. I knew that.
Commissioner Plummer: Wowl
Mr. Cox: That, as a matter of fact, we're down 414 employees in the Parks
Department since 1979. OK? We're down 101...
Mayor Suarez: That doesn't count the temporaries, right?
Mr. Cox: I do not count temporaries. OK?
Mr. Odio: No.
Mayor Suarez: You've got quite a few indefinite, permanent temporaries. Yes.
Vice Mayor Alonso: Yes.
Mr. Cox: We're done 101 civilians in the Police Department. We're down 216
employees in Public Works. Now, I'm not going to stand here and tell you that
our employees do not make a decent wage. But that's what we're here for.
We're down 132...
Mayor Suarez: Well, Charlie, the Public Works situation can be explained
somewhat. The City's infrastructure...
Commissioner Plummer: If you don't have the revenue you can't spend it.
267 September 10, 1992
}i
Mayor Suarers ..4has been completed, essentially, as the sanitary and storm
sewers and streets...
Mr. Odio: But I want you to hear how much we have cut.
Commissioner Plummer: Yeah, you've got to continue.
Mayor Suarez: ...and sidewalks, a heck of a lot in the period of time that
you are referring to.
Mr. Odio: To cut the salary of the people that are doing that is immoral.
Commissioner Plummer: Then you've got to let people go.
Mr. Cox: We're down 132 employees in GSA, from 1979. Now, I'm going to
tell...
Commissioner Dawkins: And how many of those are mechanics, Charlie?
Mr. Odio: I'm going to.
Commissioner Plummer: You've got to let more people go.
Mr. Odio: That's what I'm doing.
Commissioner Plummer: I mean, it's simple.
Mr. Odio: We let 200 go.
Mr. Cox: How many of them are mechanics?
Commissioner Dawkins: Are mechanics?
Mr. Cox: I need the red book, Tony. I think it's 37.
Commissioner Dawkins: Thank you. That's good. That's close enough.
Mr. Cox: But that's off the top of my head.
Commissioner Dawkins: That's close enough.
Mr. Cox: I have the exact numbers.
Commissioner Dawkins: That's close enough, Charlie.
Mr. Cox: I will tell you that this City has grown since 1979. To show that,
back in 1979, the Mayor's office has grown by four. The Commissioners offices
have grown by 10 employees. And that's justifiable because of the work that
you all have to do now. OK? Back in 1979 every Commissioner had one...
Mayor Suarez: How many employees...
Mr. Cox: ...one employee.
268
September 10, 1992
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i
Mayor Suarez: Now many employees do you show for the Mayor's office in 179,
just out of curiosity?
Mr. Cox: Five.
Mayor Suarez: Then we have grown by four.
Mr. Cox: OK?
Commissioner Plummer: In what year we had one?
Mr. Cox: 1979 - each Commissioner had one employee...
Commissioner Plummer: Oh.
Mr. Cox: ...plus one that wa, shared by all four Commissioners. OK?
Commissioner Plummer: If you want to go back...
Mr. Cox: And I'm not sitting here.
Commissioner Plummer: Charlie, if you want to go back. When I became a
Commissioner there was one secretary for all four Commissioners.
Mr. Odio: That was in 1936?
Commissioner Plummer: Miriam Galwacki .
Mr. Odio: 1936?
Mayor Suarez: Oh, by the way. I'm sorry. Since you did mention the Mayor's
office. It should have not been on since 185, but, when I was elected, but
anyhow...
Mr. Cox: No. I went to 179 to show you what the employees... We've got one
air conditioner man that handles this whole City of Miami. OK? Now, let's
be...
Mayor Suarez: Does a pretty good job, Charlie.
Mr. Cox: Yeah. He must.
Mr. Odio: He is.
Mr. Cox: Plus all the outside contracts that we go to. We...
Mayor Suarez: That's another part of the explanation for the reduction of
some of your, you know, mechanics and some other kinds of employees, that we
do privatize a lot of the functions...
Mr. Cox: We've... We've got now...
Commissioner Dawkins: Hold it. We do not privatize mechanic work...
269 September 10, 1992
t
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5
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v
Mayor Suarez:
Yeah,
he just...
Commissioner
Dawkins:
...on general services, garbage trucks...
Mayor Suarez:
That's
true.
Mr. Cox: No.
Commissioner
Dawkins:
...on police cars and what have you.
Commissioner
Plummer:
Cesar...
Mr. Odio: Yes.
Commissioner
Plummer:
The air conditioning man just moved
to Coconut Grove.
He got tired
of driving
back and forth.
Mr. Odio: Really?
Commissioner
Plummer:
I talked to him at City Hall.
Commissioner
Dawkins:
We need mechanics to keep these machines
working.
Mayor Suarez:
Well,
but some of the police cars...
Commissioner
Dawkins:
OK then.
Mayor Suarez:
...and such may have warranties too. There
are changes in the
way that things
are maintained.
Mr. Cox: If...
Commissioner
Plummer:
Charlie, the AC...
Mr. Cox: If
we want
to go by what the Commission...
Commissioner
Plummer:
The AC man that you've got, that you
talk about...
Mr. Cox: Yes.
Commissioner
Plummer:
He just moved from Ft. Lauderdale to
Coconut Grove.
Mayor Suarez:
Almost...
Commissioner
Plummer:
He said he got tired of travelling.
Mayor Suarez:
Almost
all new...
Mr., Cox: I
have no
problem with that, J.L. As a matter
of fact, how many
homes are in
here to
where all our employees can move?
Commissioner
Plummer:
Yeah.
Mayor Suarez:
Charlie,
almost...
270 September 10, 1992
Mr. Cox: I bought an office in the City of Miami . OK? I pay taxes. Our
office now, this union pays taxes in the City of Miami.
Mayor Suarez: The union...
Commissioner Plummer: You always have.
Mr. Cox: Yes.
Mayor Suarez: ...office?
Mr. Cox: And I will love to buy a house that I have now that I can afford to
buy in the City.
Mayor Suarez: Well, that would be too much, if the union office was located
outside the City of Miami, Charlie. But, anyhow, as to the ACs, most of them
nowadays come with maintenance contracts. So, I don't think you need to have
too many people employed to do that. But go ahead.
Mr. Cox: OK,
Mayor Suarez: I don't know anybody that buys a large unit anymore without a
maintenance contract. Go ahead.
Mr. Cox: How many small units do we have in the City, Mayor?
Commissioner Plummer: Hundred...
Mayor Suarez: That's why I'm proud of that guy who's out there... or that
lady who's out there fixing all of those units.
Mr. Cox: The offices that this Commission controls...
Commissioner Plummer: Cesar, you will never make second reading. It ain't
going to happen.
Mr. Cox: ..we now have 26 attorneys. OK? Back in the... We have...
Mayor Suarez: And you know what gets me... Charlie, if I may interrupt you,
what gets me, Mr. City Attorney, is those 26 attorneys... I would hate to
have to ask you but maybe you ought to have it ready for the 24th because I
really am interested. How many lawsuits do you file? Because they're all
filed against us. We never, never, never, it seems like, get any compensation
from anybody for anything. And, whether it's toxic waste in the soil, subsoil
of some property we acquired, or super fund cases, or a gun that went off and
fired and hit Jerry Green... I forget how many years ago that was, that was
before your term. I said why don't you check to see if we can file a suit
against the manufacturer because Jerry Green was hit by a bullet that went
from his own gun. I mean, you're not supposed to drop them, I suppose, but
they're also not supposed to fire when they hit the ground, et cetera. Your
department has got to be a lot more aggressive in getting some funds from
other people because they seem to all find a way to sue us. My God, I get all
those notices all the time, saying that the...
271 September 10, 1992
Mr. Jones: I would... Mr. Mayor, I would love to be more aggressive in that
regard but when you've got a case load that's well over... It's almost up to
1,000 active cases. There's just no way. We've begun to...
Mayor Suarez: That's wrong economics. A lot of law firms are surviving on
just the lawsuits that they file. So...
Mr. Jones: Well...
Mayor Suarez: ...I mean, if you start collecting some money we'll put it
right back into your budget.
Commissioner Plummer: Let me ask a question. And this is, maybe, way out but
I want to ask it because it came to my mind. Mr. City Attorney...
Mr. Jones: Yes.
Commissioner Plummer: Where we have policemen effecting an arrest and they
get beat up and they get injured, have we ever filed a lawsuit against the
person who injured my policeman and brought about medical expenses?
Mr. Jones: No, not to my knowledge because that's...
Commissioner Plummer: Why not?
Mayor Suarez: Have we ever filed a counterclaim against somebody?
Commissioner Plummer: Why not?
Mr. Jones: No, because the way...
Commissioner Plummer: Damn it! They file against us in a big hurry.
Mr. Jones: We11, of course they do. But that's the whole purpose of having
workers comp. to take care of that. You can't... As long as they're covered
by workers comp. you're precluded under the statute from seeking any damages
against any other party. That's the whole theory behind worker's
compensation.
Mayor Suarez: But you can counterclaim against the person who sues you.
Mr. Jones: But that's the difference. What you're...
Mayor Suarez: But have we ever filed a counterclaim for...
Mr. Jones: That's the difference. If you didn't have a worker's comp.
statute that basically... Not basically. It does exist as exclusive remedy
for any damages, then certainly you could go after the person. But the
statute is clear in saying that that's the exclusive remedy if that employee
is injured during the course, scope and course of his employment, his or her
employment.
272 September 10, 1992
Mayor Suarez: I am sure the City of Miami is not precluded from filing
counterclaims against anyone who sues us for any purpose. There's no taw that
prevents that.
Mr. Jones: Well, that's not what I'm saying, Mr. Mayor. The question was
specifically phrased in terms of a police officer who was beaten, or whatever,
in the course of effecting an arrest. And what I'm telling you is that
worker's compensations law is exclusive remedy for any damages that may have
been sustained. There's no other provision for us going after that particular
individual who may have struck him, or whatever. That's the whole purpose of
having worker's camp.
Mayor Suarez: Yeah. But the entity that pays the workman's comp has a right
of subrogation, or claim against the people who created the damage in the
first place if they're proven to be guilty and have perpetrated some kind of a
tort on officers. I think that's a very good question. I think we ought to
figure out a way that we can file some suits. Anyhow, I'm sorry I even
introduced the topic, Charlie. What was the rest of your presentation?
Mr. Cox: The point that I'm trying to get across, this City has grown. As of
the 1990 census, we have 358,548 people living in the City of Miami, which is
up 3.4% from 1980. Coral Gables has 40,091, down seven...
Commissioner Plummer: Yeah, but their revenue went up.
Mr. Cox: Wait...
Commissioner Plummer: Ours went down.
Mr. Cox: I'm going to get to that and I'm going to show you, J.L.
Commissioner Plummer: OK.
Mr. Odio: Coral Gables, he said?
Mr. Cox: It's theirs... Their population went down 7.3 percent since 1980.
Miami Beach has 92,639. They're down 3.8 percent since 1980. OK? Hialeah
now has 188,004. They're up 29 percent. When you go to the median average
household income, Miami has $16,925. Miami Beach has $15,312. Hialeah has
$23,443 and Coral Gables is at $47,506. OK? That's their average income.
Commissioner Plummer: Charlie, let me tell you, you've got go further.
Mr. Cox: I want to tell you...
Commissioner Plummer: You've got to go further. Let me give you an example:
You talked about Hialeah. Do you know that the City of Hialeah only partakes
of one social program and one festival a year? That's it, for the total year.
That's it. OK? Now, do you think that the elected officials of this City
could sit up here and say no to feeding programs, and say no to other
programs? - Because, see, you've got to know these things to know, comparing
apples to apples. Because I know that in the City of Hialeah they sponsor one
festival a year, out of their entire year. That's it. So, let's compare
apples to apples.
273 September 10, 1992
Mr. Cox: And that's exactly what I'm going to try and do, J.L.
Commissioner Plummer: OK.
Mr. Odio: Could you...
Mr. Cox: And I could give you some more figures to show you how you're
treating the employees, if you want to compare apples to apples. In the City
of Miami we've got 1,143 general employees. OK? Now, base that to your
citizens. In the City of Hialeah they have 1,264. OK? The square miles in
the City of Miami is 35.6. In the City of Hialeah it's 19.2. You take the
amount of parks... I mean, I've got... To show you what we do that we're
getting beat to death, every single Commission meeting. OK?
Mayor Suarez: What do you mean by that?
Mr. Cox: In Miami Beach...
Mayor Suarez: What do you mean by that, Charlie? It's the second time you
say that and before you used another, even more vivid, expression. What do
you mean you're getting beat to death? By whom?
Mr. Cox: The employees sit here and hear this Commission that we're not doing
our jobs.
Mayor Suarez: Who said that?
Mr. Cox: We are doing our jobs.
Commissioner Plummer: No, no.
Mayor Suarez: Who said that?
Mr. Cox: We're overpaid. We're not doing the work.
Mayor Suarez: We were talking about department heads. Do you believe that
department heads should continue to increase? You showed me figures that
department heads have gone up and discretionary employees have gone up at a
faster rate than your union members.
Mr. Cox: Well, I can only...
Mayor Suarez: You show me those figures over the years. You're the best one
who has given us the figures on that. I don't see why you would pick any
bones with that.
Mr. Cox: I can only tell you that I did a study based on smaller cities than
ours, compared to the employees. I'm going to tell you if the Manager or his
management representatives went out there and did a comparison on management
pay scale, I think all of you would be shocked. t-
i
Mayor Suarez: Who has said that your employees are overpaid? The field
workers... We said they're underpaid. I think Parks employees, I think
Public Works employees... s
274 September 10, 1992
t
1qA
Mr. Cox: When he... When this study came out, and you're going to use 50
percent as a base for benefits on top of the salary...
Commissioner Plummer: Oh.
Mr. Cox: ...which is ours is not. OK? And you say to me that you've got 341
people making $100,000 a year... I've highlighted in this book where my
employees fall, according to your figures. And I have a lot of employees that
fall in there.
Mayor Suarez: How many... Put it this way. Forget those cockamamie
calculations and look just simply at compensation. OK? How many employees do
you represent...
Mr. Cox: Right.
Mayor Suarez: ...in your union...
Mr. Cox: Right.
Mayor Suarez: ...that make more than 50,000? You have very few.
Mr. Cox: Yes, a handful.
Mayor Suarez: We talked about that before.
Mr. Cox: A handful.
Mayor Suarez: A handful?
Commissioner Plummer: Make more than...
Mayor Suarez: So we're not talking about the employees you represent,
Charlie.
Commissioner Plummer: ... or less than?
Mr. Cox: Make more than.
Mayor Suarez: We're not talking about those employees.
Mr. Cox: But what I....
Mayor Suarez: I don't think there's a single overpaid person in your union.
Not one.
Mr. Cox: But what you did sit here and talk about was...
Mayor Suarez: Now...
Mr. Cox: ...earlier, was that the people that come aboard later, you don't
have a problem with adjusting their salary. And what I wanted to get to here,
is to show you that...
275 September 10, 1992
Mayor Suarez: No. We want to cap the expectations of people in the City of
Miami who think that they can just sort of go on and higher and higher until
they make indefinite amounts of money. We just don't have that. It's...
Other jurisdictions around here seem to have sort of, you know, indefinite —
caps. I mean, you make $156,000 a year in local government here in Dade
County, in one case; and $180,000 in another case, if you're a medical doctor
or a hospital director. We cannot afford that in the City of Miami. That has
nothing to do with your union. I said that we ought to have more Parks
employees.
Mr. Cox: Yes.
Mayor Suarez: I think we probably ought to to have more maintenance
employees. I think we probably ought to have more Public Works employees.
And I think they ought to be paid better. I think the temporaries ought to be
made to permanent. I think everybody here agrees on that. We've got no bones
to pick with you. If there's anything that's missing from what we've said
that you do take issue with...
Commissioner Plummer: ...it's the revenue. Yeah.
Mayor Suarez: ...I'd like to know about it, because it sounds like we agree
fully.
Mr. Cox: When you start capping people's salaries. And I can look at four
other smaller cities...
Mayor Suarez: Discretionary employees.
Mr. Cox: OK.
Mayor Suarez: Non -civil service employees, people in the ranges way above
what you're talking about. You know how many of those we've got in the City.
You talked about it. You were the one who provided me with the first list.
Mr. Cox: Correct.
Mayor Suarez: People over 60,000 I think it was at the time.
Mr. Cox: No, it was 80,000.
Mayor Suarez How many people over 80,000 the last time we checked?
Mr. Cox: A lot of those people are gone.
Mayor Suarez: Well, that's part of the message we want to give. If you've
got something better, if you think you can make more money in another City...
Mr. Cox: But, Mayor, that's what I'm saying.
Mayor Suarez: We've sent a lot of people to very good places.
Mr. Cox: We keep losing employees and losing employees.
276 September 10, 1992
Mayor Suarez: We've got people who are City Managers, County Managers, County
Attorneys, Judges, all kinds of things. People who have come from the City, -
we're very proud of that. We've got a great, you know, pool of employees.
But we cannot afford to pay them. I tell that to my staff. I said, there's a
point beyond which I simply can never afford in my budget, with the number of
phone calls we get, with the number of bodies that we need here, just to field
people's requests and demands. You know, don't expect to make more than
$50,000 in the Mayor's office. I think, one time there was somebody who made
a lot more than that, the predecessor. You just cannot do it with the needs
that we have. And that's what we're saying. We want to cap their
expectations if they think that by becoming department heads and assistant
city managers, and assistants to the city managers, and assistants to the
assistant to the city manager, and city manager, that they're going to make
unlimited amounts of money. We don't have 1t in the City of Miami. And you
have a lot less than you used to, Mr. Manager, let me say. I ran on a
platform... My predecessor managed to end up, and that's one of the reasons I
ran against him, with a total of 16 people. Folks, there were 16 people in
Miami. Now I remember the figure.
Mr. Surana: I don't know.
Mr. Cox: Yeah. But I have to look... I have to look at where they are at.
Mayor Suarez: I think you probably quoted it around that time and maybe
Commissioner De Yurre, and some of the others that were trying to get
elected... There were 16 people that were either Assistant City Managers...
Vice Mayor Alonso: How many do we have today?
Mayor Suarez: ...or Assistants to the City Manager.
Vice Mayor Alonso: How many do we have today?
Mr. Odio: You add that to 32 Directors...
Mayor Suarez: And 32 Directors.
Mr. Odio: OK.
Mayor Suarez: And...
Mr. Odio: Today we have eight Directors and seven Assistant City Managers
and, that's what, 15 people?
Vice Mayor Alonso: Seven Assistant City Managers?
Mr. Odio: Seven. But they're also, Assistant City Managers... They are also
Department Directors. They're doing double functions.
Mayor Suarez: And then how many Assistants to the City Manager?
Vice Mayor Alonso: Only seven?
277 September 10, 1992
Mi t
Y
Mr, Odio: There's two. Only seven.
Mayor Suarez: And Assistants to the City Manager are people in what
kind of
a...
Mr. Odio: Well, for instance...
Mayor Suarez: ...salary range, here? So we get this on the record.
Mr. Odio: Probably above 50,000.
Mayor Suarez: Oh, definitely above $50,000 but, I mean...
Commissioner Plummer: They're 75.
Mayor Suarez: Yeah.
Mr. Odio: The one that I can think of, for instance, Frank May has been for
20 years and that's about it.
Mayor Suarez: What kinds of salaries do the Assistants to the City
Manager
make?
Mr. Odio: Oh, here. Wait.
Mayor Suarez: Don't tell me it's above 50. It's also above 20. But,
I mean,
what is the real salary?
Mr. Odio: About 70,000, I guess, but because of...
Mr. Surana: You have a 100 employees making more than 66,000. That's
all.
Mayor Suarez: All right.
Commissioner Plummer: Yeah. But you see... Let me tell you, Mr. Mayor...
Mayor Suarez: We have problems with that, Charlie.
Commissioner Plummer: I'm sorry.
Mayor Suarez: And you do too.
Commissioner Plummer: I'm sorry, but...
Mr. Cox: But...
Mr. Odio: In the... Okay, wait.
Commissioner Plummer: You cannot talk about salaries alone.
Mr. Odio: In the total City...
Commissioner Plummer: You have got this cost, what is the cost
to the
taxpayer of the individual?
278
September 10, 1992
Mr. Odio: Mayor...
Commissioner Plummer: You've got to do it.
Mayor Suarez: That just makes the argument even more compelling.
Mr. Odio: Above...
Mayor Suarez: Of course.
Mr. Odio: Above 66...
Commissioner Plummer: Now, whether it's 48 percent or 22 percent...
Mayor Suarez: Whatever it is.
Commissioner Plummer: ...to come to a realization, you've got to know salary
plus whatever else it costs.
Mayor Suarez: Absolutely.
Mr. Odio: There are 100 people in the City today, Citywide, and I'll tell you
where they are too, 100 people making more than 66,000. Out of that...
Mayor Suarez: More than 66.
Mr. Odio: Out of that, 17 are in fire and 18 are in police, and those are
because of contractual obligations we have in those ranks. OK? Al the
others... Yes, yes.
Mayor Suarez: Wrong.
Commissioner Plummer: Oh yeah.
Mr. Odio: Captains...
Commissioner Plummer: You've got one sergeant in the Police Department, Mr.
Mayor...
Mr. Odio: ...and District... What do you call those?
Mayor Suarez: Yeah, but not all of them. Not all of them.
Commissioner Plummer: Not all of them but you...
Mr. Odio: Captains and District...
Mayor Suarez: Not all the 18 in the Police Department are because of
contractual obligations.
Mr. Odio: Lieutenants and Captains are making that.
Mayor Suarez: Yes. But you said 18 altogether in Police.
279 September 10, 1992
Mr. Odio: Oh, no. I mean of those you have three Assistant Chiefs and five
Majors, or six Majors, whatever they have. They're all in here.
Commissioner Plummer: You have one Sergeant in the Police Department making
$68,000 a year.
Mr. Odio: He's been here for 30 years.
Commissioner Plummer:...salary.
Mayor Suarez: The highest concentration of people in those salary ranges, you
know, who are not contractually required...
Mr. Odio: But what you...
Mayor Suarez: ...are in the Manager's office. You know that.
Mr. Odio: No. In the Manager's office... No.
Mayor Suarez: Who are not contractually required, yes.
Mr. Odio: I have nine people. Nine people making over $66,000. Nine.
Mayor Suarez: Like I said, the highest concentration of those people who are
not contractually required by union contracts... Which I don't understand why
they include people at those high ranges, Charlie, but that's not your
department's problem, that's the...
Mr. Odio: No, the highest is in the Law Department, by the way. You have to
pay lawyers 10. I didn't want to take number one here.
Mr. Jones: It is justified. It's all right.
Commissioner Plummer: What did...
Mr. Jones: You could pay it to outside.
Mayor Suarez: Anyhow, what else do you need to tell us?
Mr. Cox: You know, at some point in time, we have to look at paying for
loyalty. And if I did the comparison between the three smaller cities that
surround us and, you know, on every light classification that I represent that
I can find to match them up with, we're lower paid then those three cities.
And two of those cities are... One of those cities is lower than us on their
average income, for their median. And not only for the...
Mayor Suarez: You mean the union employees in the fields that you represent
bit higher aid in some of the surrounding cities.
are a little 9
9 P
Mr. Cox: They're all higher, in every city.
Mayor Suarez: Such as, what cities?
280 September 10, 1992
Mr. Cox: Hialeah, Coral gables and Miami Beach. I will also tell you,..
Mayor Suarez: You made a very compelling argument. You should be arguing... —
Mr. Cox: I will also tell you...
Mayor Suarez: You should be arguing that the discretionary employees and the
managerial employees should be making less money so that your employees could
make a little bit more money and we could have more of them, Charlie.
Mr. Cox: But then what happens...
Mayor Suarez: That's what the argument you always used to make.
Mr. Cox: No.
Vice Mayor Alonso: He's afraid it's going down the line.
Mr. Cox: Well, what happens to any...
Mayor Suarez: Until you got into bed with the Manager. I don't know what
happened after that.
Mr. Cox: What happens to anybody that ever wants to move up... And everybody
in this world wants to move up. Then you're going to mess with them to where
they have to...
Mayor Suarez: We have to cap their expectations. If they go beyond your
union.
Commissioner Plummer: Charlie, you've only got so much revenue. That's the
name of the game.
Mr. Cox: And...
Commissioner Plummer: Our revenue is down. Something has got to give.
Mr. Cox: And that's exactly what we've been looking at over the years and how
we've been solving it by asking the employees to keep doing more and more and
more, with less and less and less.
Mayor Suarez: And that's certainly true, Charlie. And you, and all of your
employees, deserve a lot of praise for that. And if we could get more of you
to move into the City of Miami, it would increase our tax base and we could
pay you even more. But that's the only bone I have to pick with you and your
employees, and most of the other civil service employees in the City. They're
not excessively high paid. They're not. It's the discretionary employees
that we just simply cannot afford as many as we have. And they do good work.
At the beginning there were three of them, a lot of times, doing the work that
two could do. And you got rid of them, one of the three. I remember - at the
discretionary level - you did it very effectively. I respect you for it. It
wasn't easy. A lot of people had to go find other jobs and you had to release
quite a few of them. I remember those battles.
281 September 10, 1992
Mr. Odio: And the Early Retirement Plan did work because you got rid...
Mayor Suarez: And the Early Retirement Plan had the same effect.
Mr. Odio: ...you got rid of high salaries and you... Well, anyway.
Mayor Suarez: But when you have a reduction in your tax... I'd forgotten
that, J.L.
Commissioner Plummer: Well...
Mayor Suarez: You reminded me. I had forgotten that we had a net reduction
in our tax base.
Commissioner Dawkins: Early retirement...
Commissioner Plummer: You know, but you also got to remember. You've also
got to remember, Mr. Manager... Let me tell you, this is one of things I'm
going to talk to you about. You can't have a Community Development Department
spending millions of dollars and having the NET (Neighborhood Enhancement
Team) Program too. Now, that's two layers of bureaucracy as I said before.
Carlos Smith is the third layer of bureaucracy. Something's got to give.
Something's got to give.
Mayor Suarez: All right, folks. Commissioners, we ought to get back to
making the determination here on millage rate...
Mr. Odio: This man next.
Mayor Suarez: ...and the other items in 17.
Commissioner Plummer: Huh?
Vice Mayor Alonso: But what about salaries, are we going to do that the 24th?
Mayor Suarez: Yes.
Vice Mayor Alonso: As a policy...
Mayor Suarez: And I would really appreciate recommendations in writing if
anyone...
Commissioner Plummer: Mr. Mayor, I would assume we should ask if there's
anyone of the public that wants to speak. Because I can see our postman there
is...
Mayor Suarez: OK. Before we do that procedurally, Mano, what's the next
step?
Mr. Surana: All right. No, I've got to read this.
Mayor Suarez: You've got these legal things that...
Mr. Surana: Yes.
282 September 10, 1992
Commissioner Plummer: The first...
Mr. Surana: For the record I have to read item number 17A, percentage
increase in millage over rolled back rate, response: zero percent.
Mayor Suarez: OK. Item B?
Vice Mayor Alonso: That's good.
Mayor Suarez: We listen and respond to citizen comments. All right? That's
now.
Commissioner Plummer: You've got to let them comment first.
Mayor Suarez: Mariano?
Commissioner Plummer: You've got to let them comment first.
Mr. Mariano J. Cruz: Yeah. Let me wait. For the record, Mariano J. Cruz,
1227 NW 26th Street. I am not against any raise in the millage rate or
anything. I am happy with my tax because I realize that there is no free
lunch. The only thing I'd like to see - my taxes redirected. Not as an
escrow. I don't know if that's possible, but you mentioned it. But for once
first in priority I would like to see no cuts in the Parks Department. OK?
Mayor Suarez: I had a feeling you were going to say that again.
Mr. Cruz: And many years... A few years ago I was, when people were made
from part-time to full-timers, that's... We've got to see because we're
losing a lot of part-timers because they can't make a living at $5.00 an hour
there.
Mayor Suarez: OK. Now,
let's clarify because I've been through this with
you
and I know all of us have. There are some people who are specifically hired
as part-timers.
Mr. Cruz: Right.
Mayor Suarez: They are
semi -retired people. They are people who are
only
willing to work 30 hours
a week...
Mr. Cruz: That's it.
Mayor Suarez: ...or we
only have that kind of money, and who never have
the
expectation of being full time and we need those people. They don't
have
benefits. They may have
them from their spouses or some other source or
they
just don't need it.
And they're willing to work and don't have
that
expectation. But there are many...
Mr. Cruz: Other people...
Mayor Suarez: ...who are hired 39 hours a week, who are part-timers, who
ultimately want to be full-timers. And we try to give them preference and we
283 September 10, 1992
should give them preference in hiring. And we should... To the extent that
We need more people in parks, which I agree with you, we should ultimately...
Mr. Cruz: Right.
Mayor Suarez: ..try to make them all permanent.
Vice Mayor Alonso: They've been here for five, six years, seven years, and
longer.
Mr. Cruz: Like you say...
Mayor Suarez: Some have been here as long as...
there's been any seven year part-timer.
Vice Mayor Alonso: Yes, yes. Definitely.
Mr. Cruz: Right. It's a long time on that.
Vice Mayor Alonso: Yes.
Mr. Cruz: And also I say...
Vice Mayor Alonso: Even some women 15 years.
Mr. Cruz: ...it's a lot cheaper...
Mayor Suarez: Some change their minds...
Mr. Cruz: Yes.
We11, I don't know that
Mayor Suarez: ...because some initially start as part-timers knowing that
they're not going to be full-timers and then they change their minds and..
Mr. Cruz: Yeah.
i
Mayor Suarez: ...they say we want a full-time job.
Mr. Cruz: It's a lot cheaper to pay now than to pay later, other things.
1'
Mayor Suarez: I thought it was the other way around. I thought
it was
cheaper to pay later than to pay now. But go ahead.
►:
Mr: Cruz: Well, if any money can be found, like you mentioned about the
people that take the cars home, you can save a lot of money...
Mayor Suarez: Yes, sir.
ji,
Mr. Cruz: I work for the federal government. When I finish work the
vehicle
I use remains there. I don't take it home. It remains there in North
Miami.
I've been delivering the mail 146th Street on Saturday and I see
a code
enforcement car there, parked there, and another one all around the
place.
How come they can take their cars? They're 146th, but they don't even
live in
the City of Miami. They spend gas. Thel self insurance, everything.
That's
a benefit too. Everybody should be treated the same.
284 September 10, 1992
Mayor Suarez: And, they incur liability outside the City limits..,
Mr. Cruz: Outside the City of Miami too.
Mayor Suarez: ...because they can...
Mr. Cruz: OK.
Mayor Suarez: ...get involved in accident where the City...
Mr. Cruz: And that's...
Mayor Suarez: ...somehow is going to be held liable.
Mr. Cruz: That's North Miami. What about Miramar or Hialeah. Who knows?
All around there. Well, another money that can be saved... And I saw it the
other day. I went to Clinton's place when he came at the Versailles
Restaurant. I saw more than 10 motormen of the City of Miami there. I think
we've only got about 13 or 15 now. They were there. I went there to ask one
of them specifically, "Who's paying you for being there?" "No," he said, "I
am being paid by the City." This is a political function. This 1s not an
official... I mean, he didn't come here...
Mayor Suarez: Why don't we get reimbursed when we do those things? I'm not
sure that we should do them all but...
Mr. Cruz: Because that's strictly a political function. It should be
reimbursed from the campaign. I am a registered democrat.
Vice Mayor Alonso: No, a political...
Commissioner Plummer: Do you know what it costs this City, Mr. Mayor, when a
president or a vice-president comes to visit? In the neighborhood of a
quarter of a million dollars.
Mr. Cruz: Yeah. We can use that in the Parks Department.
Commissioner Plummer: Any...
Mayor Suarez: Every once in a while, J.L., you come up with some incredible
figures. But, anyhow, it does cost us money and we should get reimbursed?
Commissioner Plummer: Hey, that's what I was told.
Vice Mayor Alonso: That's incredible. If it is, it's absurd.
Mr. Cruz: Especially when it is a political function.
Mayor Suarez: The entire trip by the President, I think, cost about
$2500000...
Mr. Cruz: Right.
285
September 10, 1992
k
Mayor Suarez: ...but most of that doesn't come from us, thank God.
Commissioner Plummer! Overtime. Overtime.
Mr. Cruz: Anyway. He's got plenty of secret service. Or they can have
private guards or whatever they want. But they want City of Miami
policemen...
Commissioner Plummer: Slick Willy.
Vice Mayor Alonso: ...persona non grata.
Mayor Suarez: Yeah we'll give him... We'll lend him the motorcycles.
Mr. Cruz: Yeah. They can hire a few of the policemen off -duty.
Mayor Suarez: Yeah, they bring an incredible number of personnel.
Mr. Cruz: Yeah.
Mayor Suarez: Security and otherwise. We'll lend them the motorcycles.
Mr. Cruz: Off -duty. I mean there are off -duty policemen. Like businessman
at heart, right? Now, I have another section here that I was going to mention
with the DDA (Downtown Development Authority) but since I am here and
Commissioner De Yurre - Where's Commissioner De Yurre? - is a member of the
DDA is talking... That's going to cost us, is the problem, is about
relocation of Camillus House. All right? And one of the things, I don't know
what the City is going to do, they do a lot of things behind the scenes, and
they didn't have... I read Miami Today, not the Herald, but I read in Miami
Today what they've been doing. And I see the meetings they had. Let me
mention names: Victor De Yurre, Tony Alonso, Brother Harris Sommerville,
Brother Paul Johnson, Rafael Kapustin. They never bother to call on the
neighborhood that's going to be impacted by Camillus. I never saw the names
there of Vivian Garcia, Ruth Steins, Elaine Cruz, Rudy Morton, Porfidio Sara
Arencivia...
Mayor Suarez: Well, we're not going to invite your wife to this thing.
Mr. Cruz: Those people are the neighbors. The neighbors.
Mayor Suarez: If we invite her she's going to oppose everything...
Mr. Cruz: No, no. Wait a minute.
Mayor Suarez: ...and we'll never get anything accomplished.
Mr. Cruz: Wait a minute. I read that the Miami Coalition for the Homeless...
Mayor Suarez: Oh, it was with the neighbors?
Mr, Cruz: Yeah. They should invite the neighbors. We're going to be
impacted to see what's going on. Right? No, they have this paternalistic
attitude. No, we're going to decide what's good for you. No. I am very
286 September 10, 1992
cynical now on that, because why? Miami Coalition for the Homeless gets the
neighbor reserve property. But now, they invite the people of the Grove to
see what they are going to do there. How come? Are we different then people
of the Grove that they want to secede from the City? Eh? Are we different in
Allapattah? How come we're... How come our names are not in those places? 1
called Rita... Melinda... Whatever his name is. Rodriguez, from Miami Today
and she was telling me all those things. And, you know, Matthew Schwartz,
everybody together there, they decided it was good. And they're going to use
a property that was earmarked a long time ago for the Parks Department at 12th
Avenue and 20th Street.
Commissioner Plummer: This Commission has not approved that.
Mr. Cruz: Well, but, you know, if you read the paper, and I read the paper...
Mayor Suarez: Well, Mariano, with all due respect. We are on the budget
today.
Mr. Cruz: h_11, but that's part of the DDA (Downtown Development Authority).
Mayor Suarez: We are not discussing where we're going to put Camillus
House...
Mr. Cruz: No, no.
Mayor Suarez: ...or if we're going to put Camillus House. We're
discussing...
Mr. Cruz: It's part of the budget because you will be using money from the
budget towards whatever legal expense, relocation expense, the $1,000,000 you
took before from Allapattah and Little Haiti and all that to give it to them.
Mayor Suarez: No. Right now, we've used up all that money.
Mr. Cruz: No, no. You...
Mayor Suarez: That money's not there. So, you should be happy about that
part.
Mr. Cruz: Use the McKinney Act. There's plenty of money in the federal place
there, because I don't pay much in city taxes but I pay a lot in federal
taxes, you know, and some of that money is coming back. So...
F Mayor Suarez: How come you don't pay much in city taxes?
Mr. Cruz: Well, because, you know, there... Ah, we're talking about
infrastructure. The neighborhood. Keep the neighborhood the way it is. We
are being impacted by where? By Beckham Hall, Better Way, the whole thing,
Camillus House, the whole thing there. And I am staying in my neighborhood.
I have... I could move any place. I could move to, you know, Saga Bay or
Miramar, some place there. But I stay within the City limits. And now, since
we're building low affordable housing within the City limits and the City has
a Department of Housing right across the street there, they can sell, maybe
giving preference to City employees. No, they sell. Melrose properties -
they're building a lot of houses. Now, houses may not...
;` 287 September 10, 1992
Commissioner Plummer: What are we doing about City vehicles?
Mr. Cruz: You mentioned about the tax rate.
Commissioner Plummer: Are you eliminating them, the City vehicles, October
1st?
Mayor Suarez: I said that. That's what I feel.
Commissioner Plummer: Yes or No? I mean, we're talking we either do
something or not.
Mr. Cruz: The City' s been losing a lot of tax rate, why? All the public
housing goes to the City. Everything, every institutional thing comes to the
City.
Mayor Suarez: Mariano, would you like, as Commissioner Plummer is saying,
that maybe we ought to get down to brass tacks on the issue of employees
taking City vehicles home who don't live in the City? Would you like us to
take action on that right now?
Mr. Cruz: Take it. Take it because...
Mayor Suarez: Do you support that?
Mr. Cruz: Find out how much money you will save in gasoline...
Mayor Suarez: We have one estimate that was four hundred...
Mr. Cruz: ...and, since you are self insuring...
Mayor Suarez: We have one estimate, I remember, was between three and four
hundred thousand dollars. If we took away, right now, all the City
vehicles...
Mr. Cruz: And put the money in the Parks Department, for example.
Mayor Suarez: Right.
Mr. Cruz: That will be taking some money from there.
Mayor Suarez: We could have a...
Mr. Cruz: See?
r Mayor Suarez: Yeah.
Mr. Cruz: Yeah. I would like to see that.
Commissioner Plummer: Well, are we... You know, we're talking in realms
here. We're talking in circles. And are we going to do anything? We're not
going to do anything? If we're not, then let's go home.
288 September 10, 1992
i
AN
Vice Mayor Alonso: I thought we did, with the cars. Didn't we?
Mr. Cruz: There are ways to save money because..
Commissioner Plummer: There's a hell of a lot of ways...
Mr. Cruz: ...to save money.
Commissioner Plummer: But we're talking and doing nothing.
Mr. Cruz: Right.
Mayor Suarez: All right. I'll entertain a motion on the issue of City
employees...
Commissioner Plummer: You were the one who brought it up, Mr. Mayor. How do
you want to do it?
Mayor Suarez: I'm sorry?
Commissioner Plummer: You brought it up about the vehicles.
Mayor Suarez: I would submit to this Commission that we not approve a budget
that includes any monies for City employees, who don't live in the City, to
take a vehicle home. Except...
Mr. Cruz: People who...
Mayor Suarez: ...detectives.
Mr. Cruz: Yeah.
Mayor Suarez: Except undercover police officers, is what I mean.
Commissioner Plummer: I... Mr. Mayor, I've said in the past. I do have a
problem there about K-9. Now, K-9...
Mayor Suarez: All right.
Commissioner Plummer: you can't... They've got to have a vehicle. If
not, then we've got to provide...
Mayor Suarez: Do they take the animals home?
Commissioner Plummer: The dogs home, yes.
Mayor Suarez: They do? Yeah, I would throw that in too, as an exception.
Commissioner Plumper: I think you've got to do that.
Unidentified Speaker: I'd like to comment on that.
Mr. Cruz: Well, it's some of the people out of...
289 September 10, 1992
r
Mr. Odio: there are other people, Mr. Mayor. The inspectors, for instance.
Mayor Suarez: The inspectors are the prime one we want to make sure...
Mr. Odio: Wait, excuse me.
Mayor Suarez: ...that they drive their own vehicles...
Mr. Odio: Fine.
Mayor Suarez: ...to the NET office, if you don't want to take them all to
downtown, and then pick up the City vehicle there.
Mr. Odio: Yeah, but I don't have... In some places we cannot leave those
cars parked overnight. And what's happening now, they drive home and they are
right out of... The moment they leave home they're working.
Mayor Suarez: Have you...
Commissioner Plummer: Yeah but, Mr. Manager, you keep telling me one of the
reasons you're having a problem hiring PSA (Public Service Aides) is that you
don't have vehicles.
Mr. Odio: We don't have...
Commissioner Plummer: Now, if you don't...
Mr. Odio: We don't have enough...
Commissioner Plummer: ...allow these people to take them home...
t
Mr. Odio: What...
t
Commissioner Plummer: You're going to have 150 or 200 vehicles available.
Mr. Odio: No, no. Because they'll sit there and then they'll come in...
Commissioner Plummer: No, no. Don't...
Mr. Odio: ...punch in and get the car. What's the...
Commissioner Plummer: That is damn poor management, if they sit there.
Commissioner Dawkins: Yeah. But, Mr. Manager...
Mr. Odio: Wait. Mr. Mayor...
Commissioner Dawkins: Mr. Manager, these people do not live in the City of
Miami .
Mr. Odio: No. I didn't say...
Commissioner Dawkins: Most of them do not live in Dade County.
290 September 10, 1992
:3{
{
1
Mr. Odio: I didn't say they did.
Commissioner Dawkins: OK. They live in Broward County. So, therefore,
you've got my vehicle, with my tax dollars, going to Broward County.
Mr. Odio: That's...
Commissioner Dawkins: And all Cruz is saying is, let that car stay here.
Mr. Odio: Right.
Commissioner Dawkins: Now, there are some people, I don't know. I don't know
why the Chief of Police can't have his own car.
Commissioner Plummer: He always drives it.
Commissioner Dawkins: I don't know why...
Commissioner Plummer: Anytime he's come to see me he has.
Commissioner Dawkins: I don't know why the Chief of the Fire Department can't
have his own car and come to the...
Mr. Odio: He does.
Commissioner Plummer: He came to see me yesterday. He drove his own car.
Mr. Odio: He does.
Commissioner Dawkins: All right. See? So, but, he is correct. I agree with
him. But I... This is... He is the first one to say it, it's been said up
fhere, two or three years.
E Mr. Cruz: Long time ago I said that. Many years ago.
I
Mr. Odio: They're...
Commissioner Dawkins: Yeah. But nobody hears it.
E
Mr. Odio: Well, he...
i
Commissioner Plummer: OK. So the motion on the floor, if I understand it, is
that. all City employees who do not reside in the City, with the exception
r! of... Did you say investigators?
Mayor Suarez: Well,
they're really undercover police officers that have
rental cars.
Commissioner
Plummer:
Undercover rental cars and K-9 will not be able to take
cars home.
Is that correct?
,y
Commissioner
Dawkins:
That's right.
l�
Commissioner
Plummer:
OK. I second the motion.
' 291 September 10, 1992
f
Chief Gimenez: OK. We've got...
Mayor Suarez: There may be some reason in the Fire Department for some
exception. I can't think of any but...
Chief Gimenez: We've got arson investigators, we have fire investigators that
are on 24 hour call, that some of those people live outside the City and it's
emergency functions and they need to get back, and they need those cars.
Mayor Suarez: You've got arson investigators that are on 24 hour calls.
Chief Gimenez: Yeah. In other words, a fire happens at midnight and they
need to investigate the cause of the fire and determine what happened.
They're called back. c
Commissioner Plummer: But, Chief, is there that much of a delay if they came
back in and went and picked up their City car and went to the scene? There's
not really that much delay.
Mr. Cruz: They can get paid mileage too.
Mayor Suarez: Yeah, and realty in a situation like that if they want to claim
mileage for whatever period of time they were in the City, getting to the
site.
Commissioner Plummer: We're paying them for extra duty.
Mr. Cruz: I deliver the mail with my car...
Mayor Suarez: Sure.
Mr. Cruz: I get paid mileage.
Mr. Shorty Bryson: Mr. Mayor, may I comment?
Mayor Suarez: Mr. Bryson, sir.
Mr. Bryson: Thank you.
Mayor Suarez: Is your official name Shorty, or is that a nickname? I don't
want to use anything...
Mr. Bryson: That is a nickname, but I... Everybody knows me as that.
Mayor Suarez: All right.
292 September 10, 1992
Mr. Bryson: I don't know why. Shorty Bryson, Miami Association of Fire
Fighters. I thought, prior to your vote, you'd like to know what's
contractual. We fought the issue before with an arbitration and we won. And,
just like this gentleman said, Mr. Cruz, it's a benefit and right now it's a
contractual benefit and if you take it away, we'll file a grievance again over
it***
Mr. Odio: You can't do it this way.
Mr. Bryson: ...because you have to negotiate over it.
Commissioner Plummer: OK. You could be right in reference to the...
Mayor Suarez: Union employees.
Commissioner Plummer: ..union.
Mayor Suarez: Right.
Commissioner Plummer: But not outside of the union.
Mr. Bryson: Yes, sir.
Commissioner Plummer: OK.
Mayor Suarez: Most of the ones we are trying to tackler here are nonunion
but...
Mr. Bryson: OK.
Mayor Suarez: ...if the Manager believes that...
Commissioner Plummer: How many cars, Mr. Manager, are there that are of
union? The people are union members?
Mr. Al Cotera: All of your K-9...
Commissioner Plummer: We've excluded K-9.
Mr. Cotera: All right. All of your narcotics people, all of your
detectives...
Mr. Cruz: Oh that's...
Mr. Cotera: ...every police officer that has a take-home car, your NROs
(Neighborhood Resource Officer)...
Mayor Suarez: No, no. Every police officer...
Mr. Cotera: All of them.
Mayor Suarez: ...who is on patrol, that has a take-home car, must live in the
City by definition.
293 September 10, 1992
Mayor Suarez: So they're not affected.
Mr. Cruz: They're not affected.
Commissioner Plummer: Mr. Manager, I will also offer to the motion that
each...
Mayor Suarez: Anyhow, we're not trying to include the union, I'm sorry. I
think we're including discretionary employees.
Commissioner Plummer: Each and every car shall be shown on the side of that
car that this is a vehicle belonging to the City of Miami, furnished at "X"
numbers of dollars of taxpayers' cost.
Mr. Cruz: Yeah.
Mr. Cotera: And then send the undercover detective to go buy dope with that
car.
Commissioner Plummer: No, no.
Mayor Suarez: No, we're not talking about undercover, Al.
Commissioner Plummer: No, no. That's rental cars.
Mayor Suarez: You know that.
Commissioner Plummer: Rental cars.
Mayor Suarez: Mr. Manager, I think in the motion there is sufficient
delegation of authority for you to put it into the kind of shape and the
second reading...
Commissioner Plummer: OK. Wait a minute. Now, be fair. When does this
become effective so that they can make their other arrangements? So, let's
give them adequate lead time.
Mayor Suarez: Well, certainly no earlier than the fiscal year. But, I mean,
if you want to give them additional time after that...
Commissioner Plummer: I mean, are you talking about effective January 1?
Mayor Suarez: Fine with me.
Commissioner Plummer: OK.
Mr. Cruz: OK.
Unidentified Speaker: What is the motion?
Mr. Cruz: Before I finish, I've got one more thing to say.
294 September 10, 1992
ax,
10, r
CC
Rai
Mayor Suarez: Yeah. We're just going to call the roll on that motion and...
Mr. Cruz: It... No.
Mayor Suarez: ...understanding that the fine points have to be worked out.
We don't want to have a grievance filed over this so work it out with the
union employees and exclude whoever you have to exclude so we don't have all
kinds of litigation about it. Call the roll.
Commissioner De Yurre: Mr. Mayor, before...
Commissioner Plummer: Effective January 1?
Commissioner De Yurre: Before,we get to the roll.
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: How many cars are we talking about?
Commissioner Plummer: My understanding it was three to four hundred thousand
dollars.
Mr. Odio: You know what you just did? Excluded probably, some inspectors,
and some of my staff, and that's about it. The savings are minimal.
Commissioner Plummer: Where does the three to four hundred thousand...
Mayor Suarez: All right.
Commissioner Plummer: ...dollars come in?
Mr. Odio: I didn't mention that number. I don't know. Ron, do you have the
number, if you took all the cars back, what you would save?
Mr. Ron Williams (Asst. City Manager): I think it's less than 200,000. I'm
just looking at a list here...
Mayor Suarez: How many...
Mr. Williams: ...of total take home cars...
Mayor Suarez: Right.
Mr. Williams: ...in the range of 200...
Mayor Suarez: And how many have we managed to exclude already by the
discussion that has followed and if... If you need that answer now. If not,
I mean, it could be a...
Mr. Williams: Well, I've got the number of cars, Mr. Mayor. I'm not sure if
I'm answering the question.
Mayor Suarez: Yeah, you're going to have to take a little bit of time to
figure out how many of those might be under union contract.
!, 295 September 10, 1992
i
F
T�
F
Commissioner De Yurre: Yeah, if we're talking about...
Mr. Williams: All of those are bargaining union members, for the most part.
Commissioner De Yurre: If we're talking about making... taking a vote
today...
Vice Mayor Alonso: Then we're not doing anything, all of a sudden.
Commissioner De Yurre: ...as opposed to two weeks ago when we have to approve
the budget, the final reading. I need to have that information...
Commissioner Plummer: Where did the three hundred to four hundred thousand
come in?
Mr. Odio: I didn't mention that. We're making enemies right and left here.
Commissioner De Yurre: If we want to delay this and defer it until then and
we have all the numbers then I think it would be that much the better.
Mayor Suarez: Well...
Commissioner De Yurre: Because right now I think we're voting, pretty much,
on an emotional kind of thing, to some degree, to some degree. We don't have
all the facts. We don't even know what we're talking about. If you start
excluding this and excluding that, then really is it worth it? That's my
issue and I'd like to have that information before I may a yeah or a nay vote.
Mayor Suarez: Mr. City Attorney, in regards to the issue of the union
employees, I don't... Was the way it was stated correct? That there was a
grievance filed and we either lost or succumbed to something?
Mr. Cruz: He doesn't know the answer.
Mr. Jones: Yeah...
Mayor Suarez: And was that done in recent times? Because I don't remember
that.
Mr. Jones: Well, I can recall when I was doing arbitrations and Sue probably
knows, Sue Weller probably knows this better, but I'm sure this was not very
recently, but I can assure you that what he stated is absolutely correct, that
it has become a benefit, and it has been... It's a past practice and,
certainly, if you did take that away from them, certainly would file a
grievance and the likelihood of prevailing would be great.
Mayor Suarez: How can that be a benefit if a lot of them are not affected by
it because they live in the City?
Mr. Jones: The ones... Well, it doesn't matter. If it's become, over the
years, a benefit that's part and parcel of their job responsibilities,
f whatever else, the way the labor law reads is that it's part of their job
responsibility, whatever, as prevailing
benefit and you've got to negotiate
over it if you just can't arbitrarily take it away.
296 September 10, 1992
fl,
m
Mayor Suarez: No wonder Shakespeare said that law is an ass.
Commissioner Dawkins: No, no. What he's saying...
Commissioner Plummer: They're going to...
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: What he's saying in a long way is that, because over
the years it has been done, then the...
Mayor Suarez: We can change it.
Commissioner Plummer: South Grove is going to be a reality.
Commissioner Dawkins: ...union. I'm sorry, the bargaining agents assume that
it's OK and you did not stop it prior, you cannot stop it now. It's
grandfathered in the end. That's what he's telling you.
Mayor Suarez: Shakespeare said the law is an ass. We have a motion. It is
somewhat complex and it has all kinds of implications that we need a report
back from the Manager. But I think it's still worth voting on.
Mr. Williams: I'm going to ask a question.
Commissioner De Yurre: I'd like to have an answer to my question, if I may,
so I can...
Mr. Williams: Commissioner De Yurre...
Commissioner Plummer: I fully concur with you, Mr. De Yurre, that we can vote
on this just as well, as long as the instructions to the Manager are that we
want facts and figures as it applies, so that we can vote on this issue
definitely at the next meeting.
Mayor Suarez: All right.
Commissioner Plummer: I think that's fair.
Mr. Williams: Commissioner Plummer... Mr. Mayor, may I ask specifically what
information the Commission would like to have, so that I can make sure...
Commissioner De Yurre: Well, I... Basically, I think that, you know, we're
throwing figures around...
Mayor Suarez: Ron, he wants to know the obvious. We've been discussing how
much will it create in savings? What problems will it create with union
employees? And what other categories of people we have to exclude because it
simply is not feasible to, all of a sudden, make this requirement?
Commissioner Plummer: But...
Commissioner Dawkins: And who will take a car home, period.
297 September 10, 1992
2 ..
Mayor Suarez:
home.
And, yeah. Give us a breakdown of who is taking those cars
Commissioner De Yurre: Yeah.
Mr. Williams: I...
Commissioner Plummer: And all of those cars can have it put on the side that
this is a City of Miami vehicle and we'll stop this business of going
everywhere in all the City vehicles. That will slow that down.
Commissioner Dawkins: Well, I don't care where they go. I don't want them to
go home in my car. See... Whatever's on the side of it is irrelevant. But I
just do not feel that I, as a taxpayer in the City of Miami, paying my tax
dollar, paying a person who does not live in the City of Miami to use a car
that I buy gas for, that I pay for insurance for, I buy tires for and they
have no liability.
Mr. Cruz: But I will...
Commissioner Dawkins: OK? And I have a problem with that.
Mayor Suarez: All right. We have a motion and a second.
Commissioner De Yurre: But what is the motion now?
Mayor Suarez: The motion is, within...
Commissioner De Yurre: To bring it back for the twenty -something?
Mayor Suarez: Commissioner, if you want to vote against it, you may vote
against it.
Commissioner De Yurre: No. I just want to know what we're doing.
Mr. Jones: It was not to...
Commissioner De Yurre: What did J.L. just say?
Commissioner Plummer: I said I have no problem if you want to go to the next
meeting to get your information. I'm ready to vote. OK?
Commissioner De Yurre: Well, OK.
Commissioner Plummer: Now...
Commissioner Dawkins: Call the roll.
Mayor Suarez: OK. With all the provisos and exceptions and requests for
further information as to financial impact and impact on the collective
bargaining agreements, we have a motion that says that the budget should not
include any automobiles to be taken home by employees who don't live in the
City of Miami, with the two or three exceptions that we built into it. So
moved and seconded.
r
298 September 10, 1992
AIN
Commissioner De Yurre: OK,
Commissioner Dawkins: Commissioner De Yurre needs certain information...
Mayor Suarez: Yes.
Commissioner Dawkins: ...before he... before it's voted on the second time.
Mayor Suarez: Yeah, as a definite matter...
Commissioner De Yurre: Certainly. But, you know, Mr. Mayor...
Mayor Suarez: Yes, sir.
Commissioner De Yurre: Before we vote on this... I just have to say it
because I'm looking at the same people right here, that two weeks ago were
busting their ass, trying to protect this City, and we've hit them twice
already, trying to cut down their salaries, and now we're trying to take their
cars away. And do this and do that. I think we're sending, at least for my
vote, we're sending the wrong message to these people. Twice today, we've
cut into their livelihoods for one reason or another whether it's right or
wrong...
Commissioner Plummer: Where did we cut into the first time?
Commissioner De Yurre: ...whether the timing is not right...
Commissioner Plummer: We didn't cut their salaries.
Commissioner De Yurre: ...or whatever...
Commissioner Plummer: We tried.
Commissioner De Yurre: I just feet that it's not the way to go.
Commissioner Dawkins: Well, I disagree.
Commissioner De Yurre: Yeah.
Commissioner Dawkins: And I will vote not to cut anybody's salary but I
should not provide a vehicle money -free, insurance -free, gas -free...
Mr. Cruz: Right.
Commissioner Dawkins: ...and tires -free, for you to come to work to earn the
money that I'm just saying that I'm not going to pay you. And that's how I
feel.
Commissioner Plummer: I...
Commissioner De Yurre: Now, if we're saying...
299 September 10, 1992
r
Commissioner Plummer: I have heard one hour of the new City called South
Coconut Grove.
Mayor Suarez: Call the roll on the motion.
Commissioner De Yurre: What...
Commissioner Plummer: It's going to happen.
Commissioner De Yurre: Mr. Mayor...
Mayor Suarez: Yes, sir.
Commissioner De Yurre: If we for, you know... If we want to set a policy...
If we can set a policy to say, 110K. What is the dollar value of this vehicle
to that employee?" and say we are doing away with this concept of giving
vehicles to take home, but for you we're going to make you whole. And from
now on no more cars are being given out but at least they're getting their
money, the equal value, for the use of the car. So, maybe I can go out and
lease a car or buy a car which they're going to have to replace it, then
that's something that we can work with. But just to strip them from that
vehicle, I don't think it's the right thing to do and I think it's
unconscionable to really go that route. I understand, and I agree, that we
want to have the parochialism within our City, keep things within the City,
and I agree with that. But we're talking about a minimal amount of people and
I believe that we're going to be hurting more than benefiting the City in the
long run, psychologically, and the spirit of the people are going to be down
after they've been doing all they've been doing recently, in the last two
weeks, giving of their time and their effort for this City, that they get
slapped in the face this way. That's just, you know, my feelings.
Mayor Suarez: Well, let me tell you that a more drastic measure is that most
of the people in question, I think, should not take their cars home at all,
even if they live in the City. What we...
Mr. Cruz: No.
Mayor Suarez: ...did a few years ago, was for police officers who do patrol,
and who do in fact have a unit, that they take their cars home, because we had
al particular reason for wanting to see those patrol cars in the neighborhoods,
in the City. But up to that moment they could not take their patrol cars
home, even if they lived in the City. And frankly, I don't see any need for
many of those employees that we're talking about, to even take the car home,
even if they live in the City. Those cars really should not be taken and
driven home. They should be there for official use only, whether they're
inspectors, or fire fighters, or police officers. The ones who live outside
the City are an additional expense, an additional liability for us, and we're
trying to limit that and I think...
Mr. Cruz: Save money.
Mayor Suarez: ...it makes enormously good sense. We would be giving them
until January 1. We would be accepting all of those that have absolute
requirements for which it makes sense to make exceptions. And we may have to
300 September 10, 1992
p
deal with the unions on it, But, among other things, it's a message to the
unions that we insist on continuing to impose a restriction at the next
bargaining section, or whenever their contract is up, that all employees that
work in the City of Miami, at least what are newly hired, live in the City of
Miami. That is not an unreasonable requirement. And, so we're combining two
things here. We're combining a savings, we hope...
Commissioner Plummer: I'm tired of paying taxes.
Vice Mayor Alonso: Yes.
Commissioner Plummer: I'm tired.
Vice Mayor Alonso: You'd better believe it.
Mayor Suarez: ...with an incentive for people to live in the City of Miami.
If you want to give them something additional...
Commissioner Plummer: What's the taxes on your house?
Commissioner De Yurre: Twenty-four thousand dollars.
Commissioner Plummer: I'm tired.
Mayor Suarez: you know, to give them an incentive to live in the City or to
give them incentive to do better work. Fine. But make sure that the
incentives go with the policy of this Commission which is that people should
live in the City of Miami, who work in the City of Miami.
Mr. Odio: But...
Mayor Suarez: That's part of what this is doing.
Mr. Odio: But, Mr. Mayor....
Mr. Cruz: And, remember...
Mayor Suarez: ...in addition, of course, to creating some sort of savings.
Admittedly, we don't know what it is. Although, you would think by now the
Manager's office would have that information ready because we've discussed
this so many times.
Mr. Odio: We have it.
Mayor Suarez: We've even passed a motion of principle on it.
Mr. Odio: We have it. But...
Mayor Suarez: And...
Mr. Odio: You also have people...
Mr. Cruz: One...
301
September 10, 1992
7
f
Mr. Odio: ...that are... Excuse me.
Vice Mayor Alonso: A year ago.
'
Mr. Odio: Why don't you go and run the Post Office
and let me run the City?
Mayor Suarez: Sir...
Mr. Cruz: No.
Mayor Suarez: Mr. Manager, please.
Mr. Odio: Excuse me, a minute.
Mr. Cruz: No, no.
Mayor Suarez: He is a citizen. Sir...
it
Mr. Odio: Esperate. Let me talk.
Mr. Cruz: I have the right to be here.
Mayor Suarez: Wait, wait. We're not going to...
Mr. Odio: Fine.
Mr. Cruz: Listen...
Mr. Odio: Please, Mariano...
Mayor Suarez: We're not going to get into that, Mariano. Please.
Mr. Cruz: You are there to represent the citizens
of Miami.
Ik
Mr. Odio: Mariano...
i
4
Mayor Suarez: Of course.
Mr. Cruz: ...not the City employees.
Mr. Odio: Mariano.
Mayor Suarez: I think he understands that. I think...
Mr. Odio: But let me...
F.
Mr. Cruz: They have the union to represent them.
{`
Mr. Odio: But do...
Mayor Suarez: That's right, sir.
Mr. Odio: OK. What I'm trying to say...
302 September 10, 1992
.`_
WK
Mr.
Cruz:
You
get to represent us.
Mr.
Odio:
Mr.
Mayor, you have...
Mr.
Cruz:
And
you have a very poor, poor constituency out there.
Mr.
Odio:
You
have people...
Mayor Suarez:
I just don't want to get...
Mr. Cruz: ...can't even afford auto insurance or a car.
Mr. Odio: Mr. Mayor...
Mr. Cruz: ...with the money they're making.
Mr. Odio: There are people that are on 24 hour call. There are people that
are on 7 days a week call and now you're asking... You call them... I have
called them and said I need you right now and they get in the car and come and
that, I mean...
Mayor Suarez: Mr. Manager, I would like...
Mr. Odio: When everybody else...
Mayor Suarez: ...to discuss that privately with you, sir. Because this
business of 24-hour call... -
Mr. Odio: It is true.
Mayor Suarez: I mean, the five of us that are up here, and yourself, are on
24-hour call.
Mr. Odio: And they are too.
1
Commissioner Plummer: And we are mandated...
;� Mayor Suarez: Beyond that, sir, I don't know...
Commissioner Plummer: ...that we have to live in the City.
Mayor Suarez: Beyond that I don't know too many other people that are really,
really on 24 hour call. I have not tried to call Chief Ross recently. So I
can't speak about him. And I have not tried to call Chief Gimenez recently.
i So I can't speak about him, as far as being on 24 hour call, although we have
#" spoken. I've spoken to both of them. But the prior police chief, when I
used to call his home, I used to get a biblical recording.
Vice Mayor Alonso: Yes.
Mayor Suarez: Now that does not sound to me like he was on 24- hour call.
Twenty-four hour call, to me, means I call a number, right?... a city number,
and I reach your house, Commissioner Plummer's house, that's 24-hour call. I
get in the car and I go see Dawkins, or Alonso, or De Yurre, and they're
303 September 10, 1992
there. They're available. 'They're in the City. They're close to where the
action is. All of these people who live outside of the City of Miami, almost
by definition, are not on 24 hour call. They're too far to be on 24-hour
call. They should live in the City. That's the whole point of being on 24-
hour call. Twenty-four hours living in the City. That's the purpose of what
this government is trying to establish, that principle.
Mr. Cruz: The City pays you.
Mayor Suarez: And frankly, I had not heard of many many fire fighters being
on 24-hour call and, you know, doing arson investigations on 24 hours. I
don't know of many many people who really do that on a regular basis. I'm
very interested in those figures and, of course, I see Assistant Chief Don
March getting ready to come up to bat, very interested in hearing why police
officers at any rank are on 24-hour call except, you know, field forces or
police officers when we have emergencies. And I don't think any of those are
above the rank of lieutenant or captain. So, this 24 hour call business is
way overplayed in my book.
Commissioner Plummer: We have 243 supervisors in the Police Department, one
for every four men.
Assistant Chief Don March: We have a significant... My name is Don March.
I'm an Assistant Chief in charge of investigations. You mentioned one
category of police officers that represent a significant number of the people
that have the take home vehicle and they are people that work in an undercover
capacity on sensitive assignments. You have very few staff members that have
take-home vehicles. But I can tell you that all the members of the Chief's
staff are subject to 24-hour recall and do so very commonly, especially those
who work for me. People who work in Special Investigations, Internal Affairs
or in Criminal Investigations are consistently summoned out in the middle of
the evening; many times to remote locations outside of our jurisdiction. I
think it is reasonable to...
Mayor Suarez: Yeah, but that's not what... That's not what people... When
they say on 24-hour call, you know, what it evokes is someone who is an
emergency type employee who must constantly be coming in and you provide a
vehicle. No matter how far that person lives, you want to make sure they have
a vehicle. You want to make sure they have a vehicle...
Commissioner Plummer: You're spending a half a million dollars in rent
vehicles.
Mayor Suarez: ...that works. You might want to make sure they have a vehicle
that has the equipmen, that you can reach them in the vehicle.
Assistant Chief March: No.
Mayor Suarez: But to simply say that somebody is on 24-hour call because
twice or three times a year you might need them to come in at hours beyond
their normal hours is not what makes the requirement of having an automobile
to take home. That's not what I'm thinking about.
Assistant Chief March: OK.
304 September 10, 1992
Commissioner Plummer: Let's also remember we've got a half a million dollars
of rental vehicles in the police Department alone.
Assistant Chief March: Those are some of the vehicles that I'm referring
to... a significant portion...
Commissioner Plummer: Yeah.
Assistant Chief March: ...of those vehicles that I am referring to. But if
you don't have vehicles assigned to individuals, you're going to need to have
vehicles in place, in the compound, for those people to utilize. So that...
Commissioner Dawkins: Well, that's the same ones they're taking home, Chief.
They will be in place.
Assistant Chief March: All right.
Commissioner Dawkins: If they're taking it home and they bring...
Assistant Chief March: OK. So then...
Commissioner Dawkins: ...it and leave it, it would be in place.
Assistant Chief March: So then the difference, Mr. Commissioner...
Commissioner Dawkins: Um-hmm.
Assistant Chief March: ...is the cost of the gas from the home to the central
facility.
Commissioner Plummer: No, sir.
Commissioner Dawkins: No, sir.
Commissioner Plummer: The insurance, the liability, the tires, the
replacement, all of that at 42 cents a mile.
Commissioner Dawkins: And, Chief, are you telling me that I'm responsible for
the gas for a person to come from his home to work?
Assistant Chief March: No, sir. I'm saying that what I'm discussing here is
basically that figure.
Commissioner Dawkins: All right. Yeah, but...
Assistant Chief March: And it's not the overall cost of the vehicle...
Commissioner Dawkins: But, I'm not supposed to provide gas for him to come to
work... him or she to come to work.
Assistant Chief March: OK. I'm just... I'm making the point that what the
bottom line issue is basically that cost. It's not the cost of the vehicle
itself.
305 September 10, 1992
Commissioner Dawkins: No, no. It is. You did not buy the vehicle. That's
the cost of the vehicle. You did not buy it.
Assistant Chief March: Yeah, sure. But you're going to have to...
Commissioner Dawkins: You did not buy any gas. You did not buy any tires.
You did not buy any insurance. Those are the costs that I'm concerned about.
Assistant Chief March: Yes, sir. But you're going to have to have the
vehicle to get the work done anyway.
Commissioner Dawkins: Beg your pardon? Well, I...
Assistant Chief March: You're going to have to have the vehicle available to
get the work done anyway.
Commissioner Dawkins: Well, that's the same one that you drive home that will
be there waiting when you get here.
Assistant Chief March: Yes, sir. But, so what I'm saying is the
difference...
Commissioner Plummer: No social programs...
Assistant Chief March: is the to and from is not the actual cost of the
vehicle itself. So what you're talking about is the cost of travelling to and
from. That is over and above what you think ought to be paid.
Commissioner Dawkins: OK. Well, that's your... I mean, we have a difference
of opinion there, which we're both entitled to. No problem.
Mayor Suarez: All right. Commissioners, we have a motion and a second. Any
discuzsion? If not, please call the roll.
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 92-556
A MOTION DIRECTING THE CITY MANAGER TO NOT AUTHORIZE
ANY CITY -OWNED AUTOMOBILES TO BE TAKEN HOME BY
EMPLOYEES WHO DO NOT RESIDE WITHIN CITY LIMITS, EXCEPT
IN THE CASE OF POLICE UNDERCOVER DETECTIVES AND THE K-
9 UNIT; FURTHER DIRECTING THE CITY MANAGER TO
NEGOTIATE WITH THE UNIONS FOR ANY FURTHER APPROPRIATE
EXCLUSIONS; FURTHER DIRECTING THE CITY MANAGER TO
PLACE SIGNS ON THE SIDE OF TAKE-HOME CARS INDICATING
"THIS IS A VEHICLE BELONGING TO THE CITY OF MIAMI
FURNISHED AT "X" DOLLARS OF TAXPAYERS' COST"; AND
FURTHER STIPULATING THIS MANDATE IS TO BE COMPLETELY
IMPLEMENTED BY JANUARY 1st.
306 September 10, 1992
{ t�4
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
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSENT: None.
Mayor Suarez: Mr. Cruz, anything further, sir?
Mr. Cruz: Well, the one thing I've got to add is that you want to make now
revenue reducing things. Like, say I have been using the parks of Hialeah, or
any other place. Whenever I go to those places I have to pay a user's fee
because...
Mayor Suarez: What about that, Mr. Manager? What..
Mr. Cruz: ...I am a nonresident of the City.
Mayor Suarez: Yes. You got it. In Coral Gables you have to pay a...
Mr. Cruz: Right.
Mayor Suarez: ...differential for being a nonresident to use their tennis
courts...
Mr. Cruz: Right.
Mayor Suarez: ...and other facilities.
Mr. Cruz: I mean, the City...
Mayor Suarez: What about that in the City of Miami?
Mr. Cruz: The City has got to do something with that because...
Mayor Suarez: How come we do that hardly?
courses only, right?
Vice Mayor Alonso: We do. Yeah.
Mr. Cruz: Right.
Vice Mayor Alonso: Golf course.
I think we do it in the golf
Mr. Alberto Ruder: We already had that in place in the golf courses, I think,
in the tennis courts and in a few other areas. We're Looking to see how we
could implement it...
307 September 10, 1992
9t
Commissioner Plummer: Are you telling me...
Mayor Suarez: In what tennis courts do you have that?
Commissioner Plummer: Are you telling me in the Grove that they charge a fee?
I don't think they charge for residents or nonresidents.
Mayor Suarez: There's no fee for most use of tennis courts in the City at
all, to anybody.
Mr. Ruder: Well, there is in the major tennis centers that we have which is
Kirk Munroe, Moore Park, Henderson...
Mayor Suarez: Henderson doesn't have a charge does it?
Mr. Ruder: It does.
Commissioner Plummer: Is there a differentiation in rates between residents
and nonresidents?
Mr. Ruder: Yeah. There are yearly passes that you can buy and there is a
differential. I don't remember exactly what it is but there is a...
Mayor Suarez: No. But for the person who walks up to the window to play at
Henderson, do they ask him if the person's from the City or not? And if it's
from Coral... If the person's from outside the City they have to pay more? I
don't think so.
Mr. Ruder: I think it's... I think in that particular case, in the tennis
courts, it's mainly on the yearly passes that people buy. On the golf courses
they do ask them. One of the problems...
Mayor Suarez: Do we charge for tennis in every City tennis court?
Mr'. Ruder: No, we don't.
Mayor Suarez: No, I didn't think so.
Mr. Ruder: Like at Shenandoah, for example, we don't.
Vice Mayor Alonso: Golf courses are where we have the difference.
Mr. Ruder: Excuse me?
Mayor Suarez: Yeah, the one...
Vice Mayor Alonso: Golf courses are where we have the difference.
Mayor Suarez: ...place where I think we have the difference is the golf
courses.
Mr. Ruder: Yeah.
Vice Mayor Alonso: Yeah.
308 September 10, 1992
Mr. Ruder: And one of the problems that we run...
Mayor Suarez: And in passes, your saying, for the principal tennis centers
which are...
Mr. Ruder: Which are Henderson...
Mayor Suarez: Moore Park.
Mr. Ruder: ...Moore Park, Morningside, and I think Kirk Munroe, are the four
that I'm talking about.
Mayor Suarez: OK. So we have a sort of modified system, Mariano...
Commissioner Plummer: Four hundred thousand.
Mayor Suarez: ...but what other...
Mr. Ruder: Yeah. We do, you know...
Mayor Suarez: ...areas do you think we should be charging more for users
fees?
Mr. Ruder: Yeah. One of the problems that we run into... ,
Commissioner Plummer: Give us an alternative.
i Mr. Ruder: ...with kids is that a lot of them don't carry ID and when you ask
them for identification to see where they live, if you want to implement...
Commissioner Plummer: You're trying hard not to get a second vote, aren't
you:?
Mr. Ruder: ...individual fees, we've had that problem, to just go to the
parks without ID and it would be administratively difficult.
Commissioner Plummer: Hey, you know who's more demoralized? The taxpayers.
Mr. Ruder: But we're looking at areas and comparing to other cities and see
if we could implement a similar system in other areas.
Mayor Suarez: And you know, frankly, in the City of Miami, the kinds of
things that kids, you know...
Mr. Ruder Yeah.
Mayor Suarez: ...that don't carry ID do, are not the kinds of things we want
to be charging for at all, differential or otherwise. We just...
Mr. Ruder: Yeah.
Mayor Suarez: ...just can't be affording to do that too much. I think
Mariano would agree to that. Whether it's...
309 September 10, 1992
u�
Mr. Cruz: Well you got to be... Common sense.
Mayor Suarez: ...play tennis, or whatever. I mean, if it's adults...
Mr. Cruz: You've to use common sense that's all.
Mayor Suarez: Yeah, hit them over the head with a fee but...
Mr. Cruz: You've got to be flexible.
Mayor Suarez: Anything else?
Mr. Cruz: No. The only thing I've been repeating that every year...
Mayor Suarez: I wish we could charge for the use of David Kennedy park, I'll
tell you. We'd be very, very wealthy as a City because that is...
Commissioner Plummer: Right now you can't find it.
Mr. Cruz: People from the Gables and every place that use there from...
Mayor Suarez: But I can't imagine charging for people...
Mr. Cruz: I know.
Mayor Suarez: ...to jog and to use the vita course.
Mr. Cruz: I know. That's difference. But, I mean, you'd...
Mayor Suarez: We've...
Mr. Cruz: ...pay, using the recreational facilities there. One thing. I've
been asking here every year since the early 170s, I think, about a recreation
room for Allapattah Comstock Park. And also notice that in Allapattah they
put everything nobody wants: the jails, Beckham Hall, Better Way, the whole
thing they put it there. But they don't have $200,000 laying around there to
build a recreation room there for the children to do homework when they come
in. If it starts raining now they have to leave the park because there is no
place for them to do anything. There's just a small office there.
Mayor Suarez: Mr...
Mr. Cruz: It's been for many years, many years.
Mayor..Suarez: ...Ruder. When is the next time we're going to try to come up
with some capital funds to improve our parks and wouldn't it make sense to
begin with Comstock?
Mr. Cruz: Oh, you can get it.
Mr. Ruder: Yeah. Well, we agree that a building is needed there. We have
applied, I think, for at least two years to the State for that particular park
and we just have not been successful in getting...
310
September 10, 1992
Mayor Suarez: Maybe some money will come out...
Mr. Cruz: That money they save from the cars, now... the gasoline.
Mayor Suarez: ...of some of these reforms that are going to implement between
now...
Mr. Ruder: Yeah.
Mayor Suarez: ...and the 24th that we could actually do like Hialeah...
Mr. Ruder: Yeah.
Mayor Suarez: ...and pay for capital improvements with operating funds
instead of what we've been doing which is borrowing money all the time.
Commissioner Plummer: Well, what are we going to do about...
Mayor Suarez: We may save a couple of hundred thousand dollars between now
and the 24th.
Commissioner Plummer: What are we going to...
Mr. Cruz: I always say tit for tat. Don't give me all the bones and all the
peels and everything. Give me some gravy, too, for the neighborhood.
Mayor Suarez: You're being very, very figurative and literate today, Mariano.
Commissioner Plummer: What are we going to do about some of this subsidy, Mr.
Mayor?
Mayor Suarez: Such as?
Commissioner Plummer: Well, the Gusman Center, $349,000, that would give him
his recreation center.
Mayor Suarez: I just... I don't... I don't what to do about Gusman. I've
tried every possible...
-Commissioner Plummer: Artime Center is $500,000 in subsidy. I don't
understand...
Mayor Suarez: I...
Commissioner Plummer: ...how we can justify it to the taxpayers.
Mayor Suarez: The latest idea on Gusman is to figure out a why to make the
'Olympia Building into a residential facility or...
Commissioner Plummer: Mr. Mayor, I've said before... You know I love Clark
Cook.
Mayor Suarez: ...something that will help to pay for that operation.
311
September 10, 1992
fi E
C
Commissioner Plummer: I think we ought to give it back to the family. We
would save $350,000 this year alone. We can't afford it.
Mayor Suarez: We've gone through that and I don't think there's any legal way
to do that but...
Commissioner Plummer: Oh no, no. There is no question, as far as I know, of
returning it to the family.
Mayor Suarez: Right.
Commissioner Plummer: Am I wrong, Mr. City Attorney?
Mr. Cruz: I remember we have...
Commissioner Plummer: We can return that immediately to the family and save
$350,000 this year.
Mayor Suarez: What...
Commissioner Plummer: Clark, am I right or am I wrong? The question that I
have, can we not give the Gusman Center back to the family, to the Gusman
family?
Mr. Clark Cook: ...the attorney has the answer...
Vice Mayor Alonso: Go into the mike, please.
Mayor Suarez: Gusman Hall...
Mr. Jones: We did a formal legal opinion on that, Commissioner. And I'm glad
you... It wasn't as simple as just giving the property back and I forget the
specifics of the opinion this particular moment but I know the conclusion
reached is that... Excuse me, because we... It had been given to us and
deeded to us. It wasn't just as simple as giving them... telling them to
take it back and be done with it.
Commissioner Plummer: I understand that the family wants it back...
Unidentified Speaker: That's not our understanding.
Mr. Jones: I'd have to pull the opinion again but my recollection was that I
concluded, in the opinion, that we could not just give it back. There was
more involved that just that.
Commissioner Plummer: My understanding was that it was given to the Off-
street Parking Authority, that if at any time they were not managing it, it
reverted back to the family. That was the proviso.
Mayor Suarez: Commissioner, if I may, respectfully...
Commissioner Plummer: My...
312 September 10, 1992
11
Mayor Suarez: If you want to be a committee of one, to entertain in a very
positive and participatory way with the family, the idea that they and some -
other friends of Gusman could take over the operations and own it, and
whatever else you want to do so that we don't have to pay the operating
deficit, the best way to do that is not in open session, sort of saying,
"We're going to give it back to you," because that kind of doesn't rub people
the right way. It sounds like we want get rid of something,
Commissioner Plummer: They want it back.
Mr. Jones: Well...
Mayor Suarez: We think Gusman is a great asset. Unfortunately, it is
enveloped by the Olympia building and the two things seem to go together.
Apparently, there is no way to demolish...
Mr. Jones: Yeah.
Mayor Suarez: ...the Olympia building and keep Gusman operating. If there is
a nice way, with the friends of Gusman, and that's being explored. It never
seems to quite happen.
Commissioner Plummer: That's great. Fine.
Mayor Suarez: And I understand your frustration. We are losing three hundred
some thousand dollars a year. If ultimately...
Commissioner Plummer: No, no. We're losing more.
Mayor Suarez: If ultimately you believe that we ought to consider giving it
to a sister jurisdiction such as Metropolitan Dade County. They might also be
interested. But then, don't forget folks, that then all of a sudden it
becomes like Viscaya and other facilities. We lose control of it and we lose
the ability to use it for all kinds of purposes and then maybe it becomes more
of something remote from the people and Gusman is a beautiful facility. I
don't know. Clark, I beg of you, Commissioner, to get into that issue
privately and see if there's a way, before we get the headlines again that we
always get on that...
Mr. Jones: Mr...
Mayor Suarez: ...that we want to get rid of this thing...
Mr. Jones: Mr...
Mayor Suarez: ...that we work with the family and with the friends of Gusman
and with the other ideas that have been broached lately by other people who
want to help to complete their refurbishing of that facility, which a lot has
been done in the last few years, thank God. So that it doesn't lose any money
and that they can either own it and operate it or whatever. Some groups have
Ideas right now on that.
Mr. Jones: Commissioner...
313 September 10, 1992
� t
Commissioner Plummer: Mr. Mayor...
Mr. Jones: Commissioner...
Commissioner Plummer: My main concern is that we are now 350, for round
figures. Am I in the ballpark, Clark?
Mr. Cook: The exact figures for next year's budget, we've estimated a deficit
of $275,000 this year. We'll run a deficit of approximately $260,000 on that
building.
Commissioner Plummer: OK, a quarter of a million dollars.
Mayor Suarez: Right.
2
Commissioner Plummer: Now, my other... Mr. Mayor, the reason I say it costs
more is simply because if we gave it... If the family were to accept the
property back, it goes back on the tax rolls.
Mr. Jones: Commissioner..
Mayor Suarez: Well, I don't think...
Commissioner Plummer: So I would assume that you're talking about whatever
the...
Mayor Suarez: I don't think, on top of having them manage and operate it,
that you'd be expecting to get taxes for it. I think they would probably be
some nonprofit entity or something. But, anyhow, if you think that you can
get taxes on top of that...
Mr. Jones: Commissioner...
Mayor Suarez: ...you know, start negotiating with them. It's not that easy.
Commissioner Plummer: I will.
Mr. Jones: Mr. Mayor... Commissioner...
Mayor Suarez: Yes.
Mr. Jones: I recall now that we opined that it couldn't be given back. It's
because the City owns it outright...
Mr. Cook: RFP (request for proposals).
Mr. Jones: ...and you'd have to dispose of it in accordance with what the
Code requires for disposition of City property. So it's not a matter of just
giving it back... asking them whether they want to take it back.
Commissioner Plummer: Wasn't there a reverter in the giving back to the
family?
Mr. Jones: No.
314 September 10, 1992
pp
rt�
Mayor Suarez: Yeah, but if there's a reverter...
Mr. Cook: Could I...
Mayor Suarez: ...it is something that is not necessarily automatic.
Mr. Cook: URD? Not URD.
Mayor Suarez: They have the choice of wanting it back or not. In any
event...
Commissioner Plummer: OK.
Mayor Suarez: Clark...
Commissioner Plummer: i will pursue it, Mr. Mayor.
Mayor Suarez: Sir, you've got the whole thing laid in front of you. Try to
work with the Commissioner. It is something that really, maybe by motivating
people in a positive way, that they really can run and operate this thing and
have some involvement. Even if it ultimately means that it's not quite as
much a City facility as it has been up to now. It's fine. We cannot afford
to lose X amount of money on any facility, even one that is a jewel like
Gusman. So, if there's any way, 1n a positive way, to do that, let's do it,
please.
Mr. Cook: The only comment I'd like to make. I would be honored to work with
Commissioner Plummer. It would be a pleasure.
Mayor Suarez: No, don't push it that far. I mean, you know...
Mr. Cook: Well it'll be... It'll be an honor and I'm sure the friends of
Gusman will be delighted. But I think it's important that you all know that
_
we've worked for the past year in trying to find a way to make the Olympia
Al
Building support, or help support, the theatre.
Commissioner Plummer: And we did... We put a knife in your back.
Mr. Cook: And I'm not talking about that. But let's step forward. We have a
UDP (unified development project) ready to come out... It should have been on
this agenda but 1t had to get cancelled because of the hurricane. ...which
y
would turn the Olympia building into a residential complex which would
generate enough money to offset, we believe, the deficit that the theatre's
been generating. This theatre has been generating deficits ever since it's
been there. The question is how well you,manage it. This year, we have 150
-days booked out of about 225, which 1 think our staff has done an excellent'
job of managing and doing that. We've cut our staff down to 12. We have
really done with 10...
Commissioner Plummer: Clark, there's no question you do a good job. The
question is it's $300,000 of taxpayers money...
Mr. Cook: I agree.
315
September 10, 1992
W
Commissioner Plummer: ...that I don't think we can continue to afford. It's
just like my Case with the Artime Center. It's near a half a million dollars
of subsidy► It's like the parking structure over here on First Street, a
million dollars of subsidy. Now, you know, this is something that the
taxpayers are paying for and getting absolutely nothing in return.
Mr. Jones: OK.
Commissioner Plummer: Clark, if you would forward, please, to my office, the
members of the family so that I can get in touch with them, please.
Mr. Cook: I will do that, sir.
Commissioner Plummer: Thank you.
Mayor Suarez: Very good. Thank you. Mariano, thank you, sir. You may sit
next to your lovely wife and...
Mr. Cruz: No, you've been representing me. Thank you. That's my day a year
that comes around. Visiting the money. Visiting my money.
Commissioner Plummer: Let me tell you. You've never missed a one since I've
been here.
Mr. Cruz: No. Just one reminder I'm going to make about the car. Today was
my day off. They called me to work, at my house I hop into my truck, went to
work paying my own gas but then I get paid time and a half eight hours and
double-time. I made more than enough money to pay for my gas, my insurance
and my car so, I mean, they pay me...
Mayor Suarez: This is all related to the City of Miami somehow, right?
Mr. Cruz: Eh?
Mayor Suarez: OK.
Mr. Cruz: Right.
Mayor Suarez: Very good. Thank you. Mr. Cotera?
Mr. Al Cotera: Yeah, Al Cotera, President, Fraternal Order of Police, Miami
Lodge 20. I think that the discussion on the vehicles and the vote has
already been completed but I think that in all fairness to the voters of
Miami, since it seems that your concern is the effect of saving tax dollars,
that you also mention that even though you are on 24-hour call, and that you
have responded on many occasions to many scenes, that the City of Miami also
pays $5,750 for your car. So that they are aware out there...
Commissioner Plummer: You're almost right.
Mr. Cotera: No, sir. I have it right here in writing.
Commissioner Plummer: You're almost right.
316 September 10, 1992
rj
Mr. Cotera: Plus insurance and maintenance and gas.
Commissioner PIummmer: You're almost right.
Mayor Suarez: Well, in my case it's a little bit less but...
Commissioner Plummer: No. In my case it's not.
Mr. Cotera: I have for the rest of the Commission and...
Commissioner Plummer: Sir, I beg of you to look to the ownership of my
vehicle.
Mr. Cotera: Wait a second, sir. I'm speaking directly to the Mayor.
Commissioner Plummer: I'm sorry.
Mr. Cotera: I was not...
Commissioner Plumper: I'm sorry.
Mr. Cotera: I had not mentioned your name.
Commissioner Plummer: I'm sorry.
Mayor Suarez: That's my car. That's the... That's under the new...
Mr. Cotera: Nor will I mention your name because I have...
Mayor Suarez: That's under the new agreement with Ford Motor Company? You
got a hold of that?
Mr. Cotera: It's right here, sir, 1992, Lincoln Continental, $5,750, lump
sum payment.
Mayor Suarez: Doesn't sound like as good a deal as they said it was going to
be.
Mr. Cotera: Do you want a copy of the... Here's a copy of the contract.
Mayor Suarez: It's supposed to be at cost. It's a special program. Anyhow,
It's supposed to be a lot less than some of the other cars that we're renting
but I don't know if it is. $5,750 a year?
Mr. Cotera: Yes, sir. And the City probably does pay for your gas too.
Mayor Suarez: Except when I use it for private purposes.
Mr. Cotera: OK.
Mayor Suarez: All right. On Item 17, we're back to 17B.
317 September 10, 1992
Vice Mayor Alonso: We certainly have listened.
Mayor Suarez: Yeah. We listened to one citizen. Is there anyone else from
the community, general public that wishes to be heard?
Commissioner Plummer: It never ceases to amaze me that people complain all
year long, but the one time that they need to complain at budget only Mariano
is consistent.
Commissioner Plummer: It amazes me to no end.
Vice Mayor Alonso: They don't even know.
Commissioner Plummer: People call our offices all year long, screaming about
taxes, but yet at budget time they don't show up.
Vice Mayor Alonso: That's right.
Commissioner Plummer: It's amazing.
Mr. Odio: Remember how they used to show up?
Commissioner Plummer: It's amazing.
Mr. Odio: Hundreds of people used to show up.
Commissioner Dawkins: Go ahead, Mano, so we can go home.
-------------------------------------------------------------------------------
34. FIRST READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL LIMITS FOR THE
CITY OF MIAMI -- FIX MILLAGE AND LEVY TAXES FOR FISCAL YEAR FROM OCTOBER
1, 1992 TO SEPTEMBER 30, 1993.
------------------------------------------------------------------------------
Mr. Manohar Surana (Assistant City Clerk): Item 18.
Commissioner Dawkins: What did we do with 17?
Mr. Surana: Adopting the millage.
Commissioner Plummer: I've got to get coffee.
Mayor Suarez: OK. Item 18. Item 17 is a discussion that we have to follow
as we did. Item 18 is the millage which would be...
Mr. Surana: Same as the last year for operating...
Mayor Suarez: Nine point four nine.
Mr. Surana: Nine point five nine nine five for operating purpose...
Vice Mayor Alonso: ...five nine nine five.
318 September 10, 1992
k$N�
Mayor Suarez: ...five nine nine five.
Mr. Surana: And for debt service, two point three three zero eight.
Mayor Suarez: OK. I'll entertain a motion on...
Vice Mayor Alonso: Same as last year.
Mr. Surana: Same as last year.
Vice Mayor Alonso: So we have to move on this.
Mayor Suarez: It sounds like a motion by the Vice Mayor. I'll deem it as
such.
Vice Mayor Alonso: I'm so excited.
Mayor Suarez: Unless she retracts it really quick.
Vice Mayor Alonso: I'm so excited. Yes.
Mr. Surana: Mayor, for the record...
Commissioner Dawkins: Second.
Mr. Surana: ...is it 3.2% less tax revenue compared to last year.
Mayor Suarez: All right. So moved and seconded.
Vice Mayor Alonso: OK. I so move.
Mayor Suarez: Less revenue than last year. Call the roil.
A. Quinn Jones III, Esq. (City Attorney): Madam City Clerk...
Ms. Matty Hirai (City Clerk): It's a first reading ordinance.
Mr. Jones: Yeah. This is 17?
Ms. Hirai: This is 18.
Vice Mayor Alonso: This is 18.
Mr. Surana: Eighteen.
Commissioner Plummer: What happened?
Mayor Suarez: Well, read the ordinance please.
Mr. Surana: Eighteen.
Vice Mayor Alonso: Have we moved and seconded?
319 September 10, 1992
Commissioner Plummer: No action on 17?
Vice Mayor Alonso: No.
Mayor Suarez: Seventeen lays out the procedure for the discussion. Call the
roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL
LIMITS FOR THE CITY OF MIAMI FOR THE PURPOSE OF
TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE
CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1992 AND ENDING SEPTEMBER 30, 1993;
CONTAINING A SEVERABILITY CLAUSE.
Was introduced by Vice Mayor Alonso and seconded by Commissioner Dawkins
and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
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35. FIRST READING ORDINANCE: MAKE APPROPRIATIONS FOR CITY OF MIAMI FY 92-93
BUDGET.
------------------------------------------------------------------------------
Mr. Manohar Surana (Assistant City Manager): Item 19.
Mayor Suarez: Item 19. Fiscal year ending September 30th, 1993,
appropriations. That's as contained in the proposed budget that was submitted
to us...
Unidentified Speaker: It has to be read in its entirety.
A.,Quinn Jones III, Esq. (City Attorney): What?
Unidentified Speaker: ...eighteen.
Mayor Suarez: ...by last week, I guess, in its semi-final form.
320 September 10, 1992
3Y'
Mr. Jones: Oh, OK. One minute. Is that the millage?
Unidentified Speaker: Yes.
Mr. Jones: It has to be read in its entirety?
Mayor Suarez: Now did that include any...
Unidentified Speaker: Yeah. In its entirety. Ask for a second reading then.
OK.
Mr. Jones: Yeah.
Mayor Suarez: ...revenues from any increase in the Solid Waste fee that was
initially scheduled for consideration, or not? I guess we've clarified that
it did not.
Mr. Surana: It did not.
Mayor Suarez: OK. I'll entertain a motion on the budget.
Commissioner Plummer: What's happening?
Vice Mayor Alonso: No one wants to move.
Mr. Surana: Motion for our budget.
Commissioner Plummer: What number?
Mr. Surana: Number 19.
Vice Mayor Alonso: Nineteen.
Commissioner Plummer: Nineteen. Oh, appropriations! Ahl Yes, as Steve
Clark says, "Everybody wants to go to heaven but nobody wants to die." I move
19 on first reading but I want to tell you that after listening to this
discussion here today the Manager has got an awful busy two weeks to get my
vote in two weeks.
Mayor Suarez: So moved.
Commissioner Plummer: I'll move it.
Mayor Suarez: I'll second'. Madam Vice Mayor?
Vice Mayor Alonso: OK. Any further comments?
Commissioner Plummer: And for the record let it so indicate that I am making
this motion and voting for it simply since we don't lose the State Revenue
Funds. Don't let anybody be misled my vote in two weeks.
Vice Mayor Alonso: OK. Roll call.
Ms. Matty Hirai (City Clerk): Commissioner, roll call...
321 September 10, 1992
Vice Mayor Alonso: Ordinance please.
AN ORDINANCE ENTITLED -
AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1993; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Mayor Suarez and
was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: I vote no and with the understanding that...
Ms. Hirai: On the mike.
Commissioner Dawkins: ...if the Manager can show me that his budget is
balanced, I'll change my vote to yes.
Ms. Hirai: Commissioner, would you repeat the statement?
Commissioner Dawkins: I vote no. The Manager can show me by the time the
votes come next time that his budget is balanced, I may vote yes.
36. WAIVE MONTHLY DOCKAGE FEES AT DINNER KEY MARINA AND MIAMARINA (EXCLUDING
PIER 5) DUE TO DAMAGE CAUSED BY HURRICANE ANDREW FROM SEPTEMBER 1, 1992
UNTIL PIERS AT SAID MARINAS ARE REPAIRED.
Mayor Suarez: Item 21.
Commissioner Plummer: Can I change... Can I change my mind?
Mr. Jones: No.
322
September 10, 1992
4)
Mayor Suarez: Territorial limits of the Downtown Development District of the
City of Miami in fixing the millage rate, what is the recommended amount? One
half mil, by any chance?
Mr. Matthew Schwartz: It's half of... Mr. Mayor, it's number 21st.
Vice Mayor Alonso: Twenty? What happened to twenty?
Commissioner Dawkins: Mr. Mayor...
Mayor Suarez: I'm sorry. I skipped 20.
Vice Mayor Alonso: Yeah.
Commissioner Dawkins: Mr. Mayor, before he gets into that, may I special
privilege?
Mayor Suarez: Yes, Commissioner.
Commissioner Dawkins: The Manager... We passed an agreement to waive the
dockage fee and I'd like to read the resolution into the records, please. [AT
THIS POINT COMMISSIONER DAWKINS READ THE RESOLUTION INTO THE RECORD.] I so
move.
A. Quinn Jones III, Esq. (City Attorney):
one.
Mr. Cesar Odio (City Manager): Twenty-one?
Commissioner Plummer: Second.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded.
Commissioner Plummer: I seconded.
Mayor Suarez: Call the roll.
We're down to twenty... Twenty -
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-557
A RESOLUTION WAIVING THE MONTHLY DOCKAGE FEES AT
DINNER KEY MARINA AND MIAMARINA (EXCLUDING PIER 5) DUE
TO DAMAGE CAUSED BY HURRICANE ANDREW, SAID WAIVER TO
COMMENCE AS OF SEPTEMBER 1, 1992 AND TO CONTINUE UNTIL
THE PIERS AT SAID MARINAS HAVE BEEN REPAIRED AND MADE
READY FOR OCCUPANCY, AS DEEMED APPROPRIATE BY THE CITY
MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
323
September 10, 1992
a
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.
37. DISCUSSION CONCERNING PROPOSED MILLAGE RATE AND TENTATIVE FY 92-93
BUDGET FOR THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA).
Mayor Suarez: Item 20.
Commissioner Plummer: Move to deny.
Mayor Suarez: City... Percentage increase in millage over rolled back rate.
What is the proposed... Is it the same identical...
Vice Mayor Alonso: Yeah.
Mr. Matthew Schwartz: Zero percent change.
Vice Mayor Alonso: Yeah.
Mayor Suarez: All right. City Commissioners listens and responds to citizen
comments. Hopefully, Mariano is not going to comment on the Downtown
Development Authority which is a special, independent taxing district.
Mr. Mariano Cruz: I said it already before concerning the Camillus House
issue. If anything is going to happen on the problem of the Camillus House,
they should have the decency of...
' Mayor Suarez: You know, that's a fair request. That's a fair request,
Mariano.
Mr. Cruz: ...asking the neighborhood that's going...
Mayor Suarez: Yes, OK. Let's get Matthew. I called him Mariano now, all of
a sudden. I've had your name in my mind. Matthew, instead of Mariano
Schwartz...
Mr. Cruz: Doing things behind closed doors.
324 September 10, 1992
Ya ��79�{9 � t
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Y
Mayor Suarez: ...it's Matthew Schwartz.
Vice Mayor Alonso: It's cold.
Commissioner Plummer: Yeah.
Vice Mayor Alonso: Isn't it?
Mayor Suarez: We really should be very careful in dealing with that
relocation that we include him in any of the public discussions out...
Commissioner Plummer: Wait a minute. You'd better come here. You're going
to lose this Commission on Camillus House. Don't run off you're going to lose
this money on the Camillus House.
Unidentified Speaker: I'll be right back.
Mayor Suarez: There are occasionally meetings that don't involve the general
public. Don't feel excluded from those. But, you know, people have a right
to talk to each other if they're not in Commission session and so on, Mariano.
But anything that smacks of any kind of public discussion that will find its
way into "Miami Today" and "The Miami Herald," there's no reason to involve
these, you know, an active citizen like him.
Commissioner Plummer: I... Is floor open for a motion?
Mayor Suarez: Yes.
Commissioner Plummer: I will make a motion at this time that $500,000 of the
DDA (Downtown Development Authority) money be dedicated to more law
enforcement for the downtown area. I so move.
Mayor Suarez: So moved. Do we have a second on the motion? Is the motion
seconded?
Commissioner Plummer: I'm sorry. Commissioner De Yurre, did you not say that
they needed more police protection in the downtown area?
Commissioner De Yurre: They sure do, but not from that money.
Commissioner Plummer: Oh. OK.
Mayor Suarez: Do we have a second on that motion? Third try.
Commissioner Dawkins: What is the motion?
Coninissioner Plummer: The motion was to take $500,000 of DDA money and devote
it to law enforcement, for better protection of the merchants in the downtown
area.
Mayor Suarez: The motion...
Commissioner Dawkins: On top of the money that the merchants raised
themselves?
325 September 10, 1992
Commissioner Plummer: The merchants, that's what they're doing on their own.
That is separate and apart. I'm basing my motion predicated on Commissioner
De Yurre's and my both concurrence that says that more policemen are needed in
the downtown area. I don't know how else you're going to get them if you
don't pay for them. That's why I made the motion. I sure know that the
policemen are more important than decorative sidewalks, or trees, or other
things that the money is being spent on. I can't touch the exorbitant rent
that they're paying because they're under contract. Hey, if it dies for a
second? I made my point.
Commissioner De Yurre: Moving right along.
Mayor Suarez: All right. City Commissions listens in response to citizens.
Commissioner Dawkins: Hey...
Mayor Suarez: We did that. Yes, Commissioner Dawkins. Actions...
Commissioner Dawkins: I'd like to know... I was told that the DDA decided to
pay Camillus House $1,000,000 and let them stay in the lab property where they
are. Is that a true statement or not?
Mr. Schwartz: Commissioner, the DDA agreed to pay nothing. The DDA... Well,
we convened a meeting with the representatives of the City and Camillus House
and discussions were heard that Camillus House... And I think there's a memo
that was sent to the Commissioners that states that Camillus House was
interested in retaining their land and leasing the property at 12th Avenue and
19th Street and getting, basically getting assistance from the City and the
County and other entities, and the private sector, to help build the new
facility.
Commissioner Dawkins: Ok.
Commissioner Plummer: May I ask...
Commissioner Dawkins: Let me be sure that I understand what you just said.
There was a meeting between City Officials, DDA and Camillus House officials
and at this meeting it was agreed, I mean, it was discussed that Camillus
House would stay where they are, on their own property, and tell me to lease
them some of my property, for them to do some other things on. And that was
the discussion. Is that correct?
Commissioner Plummer: No.
Mr. Schwartz: That was part of...
Mr. Odio: But you're not...
Mr. Schwartz: ...one of the proposals that Camillus House...
Commissioner Plummer: No, that's not true.
Mr. Odio: Excuse me, Matthew...
326
September 10, 1992
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.T .
Mr. Schwartz:... would rip down their building...
Mr. Odio: You're not...
Mr. Schwartz: ...where they are today, they would not agree not to use that
property for homeless assistance purposes.
Commissioner Plummer: It was not a swap of property.
Mr. Schwartz: But this item has not been brought... It was to be brought
to...
Commissioner De Yurre: They would keep... They would keep their property but
they would not use it for any social services. That's basically it.
Commissioner Plummer: Yeah, but you see...
Commissioner Dawkins: Well, why would they keep it?
Mr. Mariano Cruz: Why do you take it to the Naval Reserve?
Commissioner De Yurre: So they can build a building, or do whatever they
want.
Commissioner Dawkins: OK. All right.
Commissioner Plummer: What are you going to do about Miami Rescue Mission?
Mr. Odio: What?
Commissioner Plummer: Miami Rescue Mission.
Mayor Suarez: What about it?
Commissioner Plummer: What are you going to do about them? Are they entitled
to the same things that you're doing for Camillus House? That's a very first
class operation...
Commissioner Dawkins: Salvation Army.
Commissioner Plummer: ...are you going to give them the same amount of
monies?
Commissioner Dawkins: Salvation Army.
Mayor Suarez: We paid Miami Rescue Mission...
Commissioner Plummer: Sir, we gave them a loan and they are asking to be
considered the same as anyone else.
Mayor Suarez: No, no. We relocated them from the Overtown Park West area and
we paid them a large amount of money. In fact, we paid them five or ten
percent more than the evaluation. We had to kind of push that.
327 September 10, 1992
Commissioner Plummer: With a proviso if that place is ever sold it reverts
back to the City. They're asking for the same consideration as Camillus
House. The thing that I don't understand, Mr. Mayor, what happens if tomorrow
we do, in fact, move Camillus House? First of a11, I think that you're
completely out of base in thinking that the people that go to Camillus House,
once they go there and eat, are not going to go back downtown and do their
panhandling and do their window washing. OK?
Mayor Suarez: Well, the idea...
Commissioner Plummer: That's my point there.
Mayor Suarez: The idea that a facility functions to feed as many as 800
people a day when they have 50 beds is what's killing that area.
Commissioner Plummer: OK. Now...
Mayor Suarez: Now, if they changed and began operating like the Rescue
Mission, with 250 beds feeding 250 people, that's fine.
Commissioner Plummer: Do you think this place... Do you think the rest of
them are going to disappear?
Mayor Suarez: No.
Commissioner Plummer: I don't.
Mayor Suarez: Presumably...
Commissioner Plummer: I think you're going to have another place go into
business that's going to be...
Commissioner Dawkins: But all this would have...
Commissioner Plummer: ...before this Commission looking for more money.
Mayor Suarez: But we don't need to create an attraction for them in that area
of Miami that we're trying to redevelop.
Commissioner Dawkins: OK.
Mayor Suarez: I mean, that's...
Commissioner Dawkins: Mr. Mayor, what I need to know is...
Commissioner Plummer: Mr. Mayor, if I thought by moving them to the
incinerator site we...
Commissioner Dawkins: What I need to know is before anything is done, is it
necessary for three votes of this Commission to do it?
Commissioner Plummer: Yes.
Mayor Suarez: Oh, yes.
328 September 10, 1992
�fr
Commissioner Dawkins: OK. That's all I need.
Mayor Suarez: Oh, yes. Absolutely. All right, Matt, anything else on the
budget, or anything else that you...
38. FIRST READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL LIMITS OF THE
DOWNTOWN DEVELOPMENT DISTRICT; FIX MILLAGE AND LEVY TAXES FOR FISCAL
YEAR OCTOBER 1, 1992 TO SEPTEMBER 30, 1993.
Mr, Schwartz: I just want to...
Mayor Suarez: ...have to tell us under item 20?
Mr. Schwartz: Yeah. ...to bring to your attention that the DDA board was
very much concerned about the lower of the assessment on the money downtown,
and having sufficient money to do projects based on further... And what's
included in your package, there was a further reduction in personnel costs.
Our budget now reflect a 30 percent reduction in personnel costs, an 8 percent
reduction in operating expenses and, as Commissioner Plummer has mentioned,
about the rent is fixed. We have been working with the landlord, trying to
reduce that, get a smaller space, or someone to take over our lease. The idea
is that we will have 10 employees next year and meeting, trying to, you know,
provide money for projects. We went through an extensive process this year,
meeting with the 15 major groups in downtown Miami, getting their input, their
priorities, and the Board spent two... One Saturday session and one evening
session, disecting the budget, coming up with priorities and general areas of
where the money should be spent... recommendations, I'm sorry.
Mayor Suarez: Yes, please. What is the motion... The motion is on the
proposed millage rate? Presumably at half a point? Half a percent? So
moved. I'll second.
Vice Mayor Alonso: I'll second.
Mayor Suarez: Seconded by Vice Mayor Alonso. Matt, is it a fair statement to
say that you are geared up and the DDA is geared up to take advantage of the
additional demand for office space and residential in the general area of the
inner City, in downtown Miami?
Mr. Schwartz: Yes. At the present time we've identified over 1,000,000
square feet of built out office space that is immediately available for
occupancy.
Mayor Suarez: Should you not consider, maybe as an alternative to
Commissioner Plummer's prior motion, something ... a radical changed in the
budget, that adjusts to the reality of Hurricane Andrew and the additional...
I mean, something that creates a package for companies to locate in downtown
Miami, or to build in downtown Miami, or something, whether it's additional...
A couple of officers, you know, dressed, you know, to be DDA officers or
329 September 10, 1992
•
4
whatever. Something along the lines of what he's saying, or some other
incentive that gives people the sense that there's a new downtown. I mean,
there's a downtown now that is really in high demand and that we want to
maintain that momentum if you know what I mean.
Commissioner De Yurre: Mr. Mayor...
Mayor Suarez: Yeah.
Commissioner De Yurre: What we're trying to do... In fact, we had our
Executive Committee meeting yesterday. This is... Unfortunately, this is an
ideal situation for residential development in the downtown area and I just
spoke with Herb Bailey a little while ago this afternoon and I think it's time
that whatever land we have available, whether it's around the Arena or
anywhere else, that we go and do whatever it takes and develop it for
residential... The Arena Towers, and Bayview, and all that, they're 100%
rented right now. The demand is there. We're going to have hundreds of
thousands of people, at least... significant amounts of people that will not
be owners of property any time soon, that they've lost what they had and
they're going to be looking to rent for a number of years.
Mayor Suarez: Are you precluded legally -here is another idea - are you
precluded legally - it might help us financially -from taking off the hands of
the Off -Street Parking Authority some facility, if you thought that it would
be a way to show some company that may locate downtown or some new housing...
j Mr. Schwartz: The...
i
Mayor Suarez: ...development that they can use some of that parking, that
they won't have any problems parking.
Mr. Schwartz: The City... The DDA is allowed to own property and to develop
property, as part of the Charter from the State and...
I
Mayor Suarez: Or to create an incentive package for a company to pay a little
bit less in parking initially, until they're relocated in downtown, etc. I
mean, we've got to be... This is the time to be creative and...
Commissioner De Yurre: Well, what we're doing, Mr. Mayor, we decided
yesterday. Obviously, Andrew changes, and we need to reassess our priorities
from, you know... For example, the goals that we had set a month ago, for
next year, need to be revisited. And certainly our priorities have changed
and at the next Executive Committee meeting we're going to review that and see
what we are going to do now with the monies that are available. And certainly
your thoughts, and other thoughts, that are going to be coming to play will be
entertained and we'll come up with a new strategy to, you know, maximize the
potential of the downtown area.
Mayor Suarez: And the... I hate to bring up the issue of Camillus House, but
if there's any kind of a financial incentive that can be created, maybe you
ought to earmark some amount for some purposes of that sort, to either
relocate Camillus House, or have more police visibility, or have
infrastructure improvement, or an incentive package for a company to locate,
or a residential development to begin, or a marketing study, a new marketing
330 September 10, 1992
r]
study. All of the marketing studies we've got for Overtown Park West or
downtown Miami are now outdated. Now, we don't know if they'll be outdated
again two years from now when a tot of these companies move right back to
where they were. Hopefully that won't happen. But, that... Just some ideas.
Maybe we should discuss that privately at some point or I'll be happy to come
to the DDA. We have a motion and a second. Call the roll.
Mr. Jones: We've got to read the ordinance.
Mayor Suarez: Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE, WITH ATTACHMENT, RELATED TO TAXATION,
DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE
DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAM1,
FLORIDA; FIXING THE MILLAGE AND LEVYING TAXES IN SAID
DOWNTOWN DEVELOPMENT DISTRICT FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1992 AND ENDING SEPTEMBER 30,
1993, AT FIVE -TENTHS (.5) MILLS ON THE DOLLAR OF THE
NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL
PROPERTY IN SAID DISTRICT; PROVIDING THAT SAID MILLAGE
AND THE TAXES LEVIED HEREIN SHALL BE IN ADDITION TO
THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES
WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI AS
REFLECTED IN THE CITY'S MILLAGE-LEVY ORDINANCE FOR THE
AFORESAID FISCAL YEAR WHICH IS REQUIRED BY CITY
CHARTER SECTION 27; PROVIDING THAT THE FIXING OF THE
MILLAGE AND LEVYING OF TAXES HEREIN SHALL BE IN
ADDITION TO SPECIAL ASSESSMENTS; PROVIDING THAT THIS
ORDINANCE SHALL NOT BE DEEMED AS REPEALING OR AMENDING
ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES
BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION
THERETO; CONTAINING A REPEALER PROVISION, SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner De Yurre and seconded by Vice Mayor
Alonso and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner J.L. Plummer, Jr.
ABSENT: Commissioner Miller J. Dawkins
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
331 September 10, 1992
0
(Y..i i--ii-----------!• iiYiii- i rY i--i--r-iwigriiir-i--------iiYw`i wlW ii-Wii----w------
39. FIRST READING ORDINANCE: MAKE APPROPRIATIONS FROM THE DOWNTOWN
DEVELOPMENT DISTRICT (DDA) FOR FISCAL YEAR OCTOBER 1, 1992 TO SEPTEMBER
309 1993 -- AUTHORIZE EXECUTIVE DIRECTOR OF DDA TO INVITE AND ADVERTISE
REQUIRED BIDS -- PROVIDE FOR BUDGETARY FLEXIBILITY.
IY �YYiv.. ----------------ii--1-----riirr-----ri--rr-------------r--r-W-ri--r-
Mayor Suarez: Item 22 is a companion item? It sets the territorial limits,
et cetera?
Mr. Matthew Schwartz: Yes.
Mayor Suarez: Moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Would you read the ordinance, please?
AT THIS POINT CITY ATTORNEY JONES READ THE ORDINANCE INTO THE RECORD.
Commissioner Plummer: Tell me what this means when you say, "providing that
this ordinance be deemed supplemental and in addition to the ordinance making
appropriations." What is this supplemental to?
A. Quinn Jones III, Esq. (City Attorney): The explanation is that this would
be supplemental to the City's general budget.
Commissioner Plummer: Of monies they received in the City general budget, or
what?
Mr. Joel Maxwell: The City... The Millage for the DDA is one half mil and
these monies are used, the one half mil. So, what you are doing...
Commissioner Plummer: But why are you talking about to advertise, to invite
or advertise required bids?
Mr. Maxwell: No, what you're doing is you're authorizing them in this, in the
future operation of DDA for the year, to advertise bids as needed for
projects.
1 Commissioner Plummer: Mr. Mayor, was it not our policy of this Commission
that DDA, like all other boards, were bound to do their bidding and everything
the same way the City does? I thought we were.
Vice Mayor Alonso: Yes, we are...
1
j Mr. Schwartz: Commissioner Plummer, it's done in that manner. We follow the
t_
City procedures...
Mr. Maxwell: You're authorizing them that...
Commissioner Plummer: Why do we have to approve it if it's already in effect?
332 September 10, 1992
Y
Mr. Maxwell: No, what you're saying is you follow the... What you're saying
is they must follow your bidding procedures.
Commissioner Plummer: Yeah.
Mr. Maxwell: But you're authorizing them on a yearly basis to go out for bids
for projects as necessary. That's what this language does.
Commissioner Plummer: And I assume that the same... You know, here again,
are we assuming that the provision of any line item change in their budget
above $5,000 has to come back before this Commission? Is that also in the
budget?
Mayor Suarez: We've built that in over the years.
Mr. Maxwell: Not that I see...
Mayor Suarez: I thought it was kind of assumed.
Commissioner Plummer: Well, I thought... I thought it was assumed that that
was on any budget outside of the City budget, which we absolutely control...
Mayor Suarez: Right.
Commissioner Plummer: ...that any other budget that was more than a $5,000
line item had to be approved by this Commission.
Mayor Suarez: And in the case of the City budget I think we did it by
ordinance in the case of...
Mr. Maxwell: That's correct.
Commissioner Plummer: Well, we know about that...
Mayor Suarez: Right.
Commissioner Plummer: ...if we're here. OK?
Mayor Suarez: In the case of them we've done it by a condition on the
approval of their budget each year.
Mr..Maxwell: ...come back...
Commissioner Plummer: All right. Well then, I will back that as... Excuse
me, can I do it blanket? Is that legal? That any budget outside of the City
of Miami's General Revenue Budget of a line item change in excess of $5,000
has to be approved by this Commission? Is that within order?
Mr. Maxwell: No, I would have to take a look at that, sir. It probably
requires an additional ordinance.
Commissioner Plummer: Well, OK, then I...
333 September 10, 1992
Mayor Suarez: The three basic ones are the Off -Street Parking, DDA (Downtown
Development Authority) and the Sports Exhibition Authority. Let's do...
Commissioner Plummer: That's correct.
Mayor Suarez: ...these two now and if we need to do it later for the Sports
Exhibition Authority...
Mr. Maxwell: There are provisions of the Code that would require amending to
do that. I would suggest that if you'd like to do that we can come back to
you...
Mayor Suarez: I think it ends being the City budget.
Mr. Maxwell: ...with necessary changes.
Commissioner Plummer: OK. I think that, you know, that gives this Commission
some continuing, ongoing knowledge of what's happening.
Mayor Suarez: And any funds that are being transferred back and forth in the
Bayfront Park Management Trust.
Commissioner De Yurre: I would include Bayfront Park...
Mayor Suarez: Commissioner...
Commissioner De Yurre: ...too but it just doesn't have 5,000 bucks.
Mayor Suarez: Commissioner De Yurre reminds me...
Commissioner Plummer: No, no, no.
Mayor Suarez: ...the hanky panky that's going on over there. We've got to
make sure...
Commissioner Plummer: Absolutely to Bayfront Park.
Commissioner De Yurre: But you guys don't have $5,000. So...
Commissioner Plummer: That's why I don't care.
Mayor Suarez: They're always coming and asking for more money. It's never a
transfer situation.
Mr. Maxwell: Let me...
Mayor Suarez: All right. With that proviso we have a motion.
Mr. Maxwell: ...will come back to you.
Mayor Suarez: Do we?
Commissioner Plummer: That's fine.
334 September 10, 1992
i
Vice Mayor Alonso. Yes.
Mayor Suarez: Seconded. Do we need to vote? Yes. Call the roll. I'm not
sure what we're voting on. I know it's got to do with DDA.
AN ORDINANCE ENTITLED -
AN ORDINANCE MAKING APPROPRIATIONS FROM THE DOWNTOWN
DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER
MISCELLANEOUS INCOME FOR THE DOWNTOWN DEVELOPMENT
AUTHORITY OF THE CITY OF MIAMI, FLORIDA FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1992, AND ENDING SEPTEMBER
30, 1993; AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
DOWNTOWN DEVELOPMENT AUTHORITY TO INVITE OR ADVERTISE
REQUIRED BIDS; PROVIDING FOR BUDGETARY FLEXIBILITY;
REQUIRING CITY COMMISSION APPROVAL FOR CHANGES IN LINE
ITEM EXPENDITURES IN EXCESS OF $5,000; PROVIDING THAT
THIS ORDINANCE BE DEEMED SUPPLEMENTAL AND IN ADDITION
TO THE ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1992, AND ENDING SEPTEMBER
30, 1993, FOR THE OPERATIONS OF THE CITY OF MIAMI;
CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner De Yurre and seconded by Vice Mayor
Alonso and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner J.L. Plummer, Jr.
ABSENT: Commissioner Miller J. Dawkins
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner De Yurre: Does that include the 5,000.
Ms. Matty Hirai (City Clerk):
there.
This is the five...
Yes, it is included in
335 September 10, 1992
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i rwrri--------rmil- nL-n.-------wr------------iY----it--r---------r-----lib--iY+G-ID. wiYw N1YfY
40. AUTHORIZE TRANSFER OF FUNDS ($350,000) TO DOWNTOWN DEVELOPMENT AUTHORITY
(DDA) FROM GENERAL FUND AS ADVANCE PAYMENT OF AD VALOREM TAXES TO BE
RECEIVED FROM METRO DADE BY THE CITY. -
------------------------.b----_-----_-----_---------------------- __------------
Mayor Suarez: Item 23. It's a loan to the DDA (Downtown Development
Authority) as in other years.
Vice Mayor Alonso: Move it.
Mayor Suarez: Presumably we make a little interest off of them because it's G
percent and we're trying to get the money at what, Carlos, on these tax
anticipation notes?
Mr. Cesar Odio (City Manager): Three percent.
Mayor Suarez: Who are the suckers... I mean who are the individuals that are
buying those bonds at 3 percent? That's what the market is right now, with
the tax exemption that they get.
Mr. Odio: That's the market.
Mayor Suarez: And they are willing need to lend us money at three percent,
which they don't have to pay taxes on. Wow!
Vice Mayor Alonso: In fact, they get three percent you have to...
Commissioner Plummer: Well, look at what CDs (certificate of deposit) are
paying.
Mayor Suarez: I don't blame you guys for wanting to borrow money.
Commissioner Plummer: CDs are paying under four percent.
Mayor Suarez: Jut don't get over -eager to borrow money now.
Mr. Odio: Can we borrow two hundred...
Commissioner Plummer: Hey! CDs are paying under four.
Mayor Suarez: Call the roll. I'm sorry, I need a motion on that, please.
Moved. Second this one at least, J.L. Do something for humanity. I second.
Madam Vice Mayor, you can call on the loan.
Vice Mayor Alonso: OK. What item was this? Twenty-three?
Mayor Suarez: Lending the money to DDA.
Vice Mayor Alonso: Roll call, please.
336 September 10, 1992
the following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO, 92-558
A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS IN THE
AMOUNT OF THREE HUNDRED FIFTY THOUSAND DOLLARS
($350,000) TO THE DOWNTOWN DEVELOPMENT AUTHORITY FROM
THE GENERAL FUND AS AN ADVANCE PAYMENT OF AD VALOREM
TAXES TO BE RECEIVED FROM METROPOLITAN DADE COUNTY BY
THE CITY OF MIAMI ON BEHALF OF THE DOWNTOWN
DEVELOPMENT AUTHORITY BEFORE THE END OF THE 1992-1993
FISCAL YEAR; PROVIDING FOR PAYMENT SCHEDULES; AND
PROVIDING THAT INTEREST SHALL BE PAID TO THE CITY OF
MIAMI AT THE RATE OF SIX PERCENT (6%) PER ANNUM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: Commissioner Miller J. Dawkins
COMMENTS MADE AFTER ROLL CALL:
Mr. Schwartz: Thank you.
Mayor Suarez: Now, can anyone of us borrow from you at a little bit over six
percent? Just kidding. We're borrowing from each other, this is getting
ridiculous.
41. APPROVE ANNUAL BUDGET OF DEPARTMENT OF OFF-STREET PARKING FOR FISCAL
YEAR OCTOBER 1, 1992 TO SEPTEMBER 30, 1993.
Mayor Suarez: All right. Item 24. Approving the annual budget of the
Department of Off -Street Parking of the City of Miami.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Vice Mayor Alonso: Second.
337 September 10, 1992
Mayor Suarez: Second. What have you done to these people? Did you make sure
that they got power at home. Is that what you did?
Mr. Cesar Odio (City Manager): He brought electric power back.
Mr. Clark Cook: No, sir. I had nothing to do with that.
Vice Mayor Alonso: He's doing it...
Commissioner Plummer: Don't argue with a success.
Mayor Suarez: Is there any part of the City, north of the Grove, that is not
yet powered, Clark? Commissioner Dawkins has once or twice referred to
some...
Vice Mayor Alonso: Williams Street, we worked with that.
Mr. Cook: I planned to ask Commissioner Dawkins. To my knowledge, everything
north of South Grove should have power. There might be one or two homes that
have not. I checked on one today but I believe everyone has power north of
South Grove.
Commissioner Plummer: Well, I think that what you presently have that I heard
was...
Vice Mayor Alonso: And we had serious problems in the area.
Commissioner Plummer: ...that those were the houses that had individual
damage.
Mr. Cook: That's correct.
Mr. Odio: Exactly.
Mr. Cook: They're being picked up one at a time.
Commissioner Plummer: And that that was the reason they were not back... I
know one of my neighbors is waiting for an electrician now for a week...
Mr. Odio: 'Clark, of the...
Commissioner Plummer: ..to replace the weather head.
Mr. Odio: One hundred and thirty have been energized now?
Mr. Cook: To my knowledge South Grove is back in service. But I'd have to
check and that's based on observation.
Mayor Suarez: Not every single home, but a lot of it.
Mr. Cook: Now...
Vice Mayor Alonso: No. But the area, yes.
338 September 10, 1992
•
Mr. Cook: Yes.
Vice Mayor Alonso: Individual cases still don't have energy.
Mr. Cook: Individual cases need to be looked at.
i
Mayor Suarez: There's stilt a few blocks. We appreciate, by the way, Mr.
i Cook, your sort of extracurricular service and...
Mr. Odio: He was great.
Mayor Suarez: ...in helping us link up with Florida Power and Light. I think
I speak for all of us...
t Vice Mayor Alonso: He did great work.
Mayor Suarez: He did a magnificent job.
Vice Mayor Alonso: Yes.
Commissioner Plummer: Their loss was definitely our gain.
Vice Mayor Alonso: That's right.
Mayor Suarez: Now...
Mr. Odio: He was our secret... We walked into a meeting with FP&L (Florida
Power & Light) at their building and Clark Cook walked in with me and you saw
their faces drop. They couldn't b.s. him. So...
Mayor Suarez: Now, sir...
Commissioner Plummer: He was the only one that came to my house at 10:00 at
night that didn't drink a beer.
Mayor Suarez: You are now geared up to creating some incentives for companies
to locate downtown and otherwise worrying about Off -Street Parking again?
Mr. Cook: Absolutely. As you know, the first rumor we heard of people moving
in to downtown, we went immediately and contacted those people within the same
` day and talked about... And I'm proud to say that in all cases we were
successful in assisting them. And we have contingent programs and will have
contingent programs to assist them.
Mayor Suarez: A lot of those companies have...
Mr. Cook: Parking will not be a problem.
Mayor Suarez: ...two year periods, 18 month periods of time...
Commissioner Plummer: Time to go home.
Mayor Suarez: ...in which they're going to consider moving back to other
places. You want to be ready with your incentives at that time to keep them
in'downtown, please.
339 September 10, 1992
Mr. Odio: You know, Mr. Mayor..,
Mr. Cook: Parking will be there.
Mr. Odio: ...for the first time ever this parking garage is full. This one
here.
Mr. Cook: That's correct. This parking garage is full.
Mr. Odio: First time ever.
Mayor Suarez: And what does that mean? Is that reflected in your budget? Or
not yet?
Mr. Odio: It reflects on the Knight Center. It will reflect on the Knight
Center.
Mr. Cook: It's reflected in the Knight Center budget.
Mr. Odio: It will lower the deficit of the Knight Center.
Commissioner Plummer: Yeah, we're paying it.
Mayor Suarez: OK. On Item 24 we have a motion and a second. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-559
A RESOLUTION, WITH ATTACHMENT(S), APPROVING AND
ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-
STREET PARKING FOR THE FISCAL YEAR COMMENCING OCTOBER
1, 1992 AND ENDING SEPTEMBER 30, 1993 IN THE AMOUNT OF
$1,022,068, EXCLUDING DEPRECIATION, TO PROVIDE FOR THE
OPERATION OF THE GUSMAN CENTER FOR THE PERFORMING ARTS
AND THE OLYMPIA BUILDING; FURTHER REQUIRING CITY
COMMISSION APPROVAL FOR CHANGES IN LINE ITEM
EXPENDITURES IN EXCESS OF $5,000.00.
(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:
340 September 10, 1992
3
•
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
COMMENTS MADE AFTER THE ROLL CALL:
Commissioner Plummer: Excuse me. That proviso still applies to Off -Street
Parking in reference to...
Mayor Suarez: Yes. Be it understood by the movant and the second that...
Commissioner Plummer: Yes.
Mayor Suarez: ...five percent...
Commissioner Plummer: That's understood, Madam Clerk?
Mayor Suarez: Line item transfers have to be approved by this Commission.
Commissioner Plummer: Correct.
42. (A) APPROVE ANNUAL BUDGET FOR DEPARTMENT OF OFF-STREET PARKING FOR
OPERATION OF THE GUSMAN CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA
OFFICE BUILDING FOR FISCAL YEAR OCTOBER 1, 1992 TO SEPTEMBER 30, 1993.
(B) DISCUSSION CONCERNING PROPOSED ELIMINATION OF GRANTING FREE DAYS AT
BAYFRONT PARK AMPHITHEATER.
----------------------------------------------------------------------
j Mayor Suarez: Tax Increment Trust Fund. Did we miss 25, Clark?
Mr. Clark Cook: Yes.
i
Vice Mayor Alonso: Yes.
Mayor Suarez: OK, the...
Commissioner Plummer: Which is 25?
Mayor Suarez: The resolution of approval for Off -Street Parking budget.
A. Quinn Jones III, Esq. (City Attorney): Yeah.
Mr. Cook: Yeah.
1
Commissioner Plummer: I thought that's what we just did.
i
s
341 September 10, 1992
r
Mayor Suarez: No, it was the...
Vice Mayor Alonso: No.
Mr, Cook: Even though we're talking... The reason I ask this, even though
we're talking...
Mr. Odio: This is Gunman...
Mr. Jones: This is for Gusman.
Mr. Cook: ...with Commissioner Plummer, we need to approve this budget for a
number of reasons. We have...
Commissioner Plummer: Well, you've got to approve it whether we like it or
not.
Mr. Cook: ...one hundred fifty days booked and if we don't approve it we have
a problem. And I would appreciate it if the Commission would consider
approving it for that reason.
Vice Mayor Alonso: I move it.
Mayor Suarez: If you have a little bit of a bonanza, have you considered the
possibility of some improvements in or about the area of Gusman that might
take us from 150 paid days to a lot more and ultimately resolve...
Commissioner Plummer: That's one of the suggestions that I was going to make.
Mayor Suarez:
You know, that area is still not as attractive as a lot of -
people have
proposed that it should be, you know, connecting those
four
buildings.
Commissioner
Plummer: Mr. Mayor, excuse me. I'll tell you how to help
him
and help me at the Bayfront Park: eliminate the free days of City giving
away
Bayfront Park. They will quit that and start using the Gusman Center.
Now,
if we had - just let me give you an example - at Bayfront Park, this year, no
free days, I
would not be asking this Commission for ten cents.
Mayor Suarez:
Do you have enough demand for the whole year?
Commissioner
Plummer: I'm sorry?
Mayor Suarez:
Do you have enough demand for the whole year?
Commissioner
Plummer: Well, you're giving away 30 days of free a year.
Mayor Suarez:
Are they 30 weekend days typically or are they weekdays?
Commissioner
Plummer: We're trying to avoid that, sir.
Mayor Suarez:
All right. I figured that.
342 September 10,
1992
s
Commissioner Plummer: All right?
to eliminate that...
Mayor Suarez: Well...
All I'm saying to you is that if you were
Commissioner Plummer: ...Bayfront Park would not require any subsidy.
Mayor Suarez: How many do you... How many semi -commitments do you have now,
for next year, of the 30?
Commissioner Plummer: I can't answer. I'll be glad to get you that figure
for the next meeting.
Mayor Suarez: Maybe we could slowly reduce the number. But, I mean, to flat
out say we're not going to have any community activities there at all...
Mr. Odio: Don't cut them for...
Commissioner Plummer: I'm saying that if you cut it, Mr. Mayor, every time
you cut from 30 days which now are given away, is less subsidy that is going
to be required. We are about to, hopefully, announce a very major commitment
by a major corporation. It's not there yet but, hopefully, it's going to be.
But I'm saying, if you cut down on our days of free giveaway, it's going to
help them because then they will have a better chance of saying, "Hey, we're
in the competition market." When you don't have a competition market and
you're giving something away free, they're surely not going to consider that.
Mayor Suarez: Well, it might do that or it might just mean a lot of people
won't be able to have their event.
Mr. Cook: Don't worry, Evelyn.
Mayor Suarez: I mean, they may be the kind that can't afford either you or
Gusman. I mean, Bayfront or Gusman. What I would suggest is on the 24th if
you give us back some idea of how many commitments we have, and what entities
there are that we can get out of, and that we should get out of, maybe we can
limit a little bit, down to 15 and give you another 15 days. And that, in all
i fairness, by tradition and otherwise, she would maintain as community days
or... I'm sure there's quite a few.
Commissioner Plummer: Mr. Mayor, just for your information, Ira Katz tells me
that last year.we used all 30 and this year, before the beginning of the year,
already have 10 booked for the beginning of the year.
Mayor Suarez: If you can give us the list of those by the 24th and what you
anticipate the other 20 to be or don't anticipate, so maybe we could limit it
to 15.
Vice Mayor Aionso: Yeah, the 24th. In the meantime, what about 25?
Mayor Suarez: In the meantime, let's book...
Commissioner Plummer: For your information, he says that we have 60
applications in.
343 September 10, 1992
a,n
S
Mayor Suarez: Well, we're going to want to see what those are. At least I'm
going to want to see them, Ira, because before you...
Commissioner Plum a r: Every time you look at me and say I come here for the
park looking for money, I want you to know why.
Vice Mayor Alonso: Mr. Mayor, are we going back to some of the items that we
tabled or not?
Mayor Suarez: Yes.
Vice Mayor Alonso: We are?
Mayor Suarez: Yes. Item 25.
Mr. Cook: ...five.
Vice Mayor Alonso: ...five.
Mayor Suarez: Please move it I'll entertain a motion on that.
Vice Mayor Alonso: I move it.
Mayor Suarez: Moved, Vice Mayor. Seconded, Commissioner De Yurre. Call the
roll, please.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-560
A RESOLUTION WITH ATTACHMENT(S), APPROVING AND
ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-
STREET PARKING FOR THE FISCAL YEAR COMMENCING OCTOBER
1, 1992 AND ENDING SEPTEMBER 30, 1993 IN THE AMOUNT OF
$1,022,068, EXCLUDING DEPRECIATION, TO PROVIDE FOR THE
OPERATION OF THE GUSMAN CENTER FOR THE PERFORMING ARTS
& THE OLYMPIA OFFICE BUILDING.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J Dawkins.
344
September 10, 1992
- -iY-------------wY — ----------------- ar m. ---------Y+--------.ii----------fir----------
43. APPROVE FISCAL YEAR 1992-93 BUDGET FOR THE SOUTHEAST OVERTOWN / PARK
WEST REDEVELOPMENT DISTRICT TAX INCREMENT TRUST FUND -- INSTRUCT MANAGER
TO SEEK APPROVAL OF BUDGET BY METROPOLITAN DADE COUNTY.
---------------------------------_--------------------------------------------
Mayor Suarez: Item 26. The resolution Overtown/Park West budget. Moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded. Any discussion. If not, please call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-561
A RESOLUTION, WITH ATTACHMENT, APPROVING THE ATTACHED
FISCAL YEAR 1992-1993 BUDGET FOR THE SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT TAX
INCREMENT TRUST FUND; INSTRUCTING THE CITY MANAGER TO
SEEK APPROVAL OF SAID BUDGET BY THE METROPOLITAN DADE
COUNTY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
345 September 10, 1992
.......,.._-- -.._---..----....,....-----------------µ------ -..__.._.,.---- -..---
44. AUTHORIZE MANAGER TO TAKE ACTIONS TO EFFECT TOTAL OR PARTIAL REFUNDING
OF OUTSTANDING PORTION OF CITY'S $22,000,000 GENERAL OBLIGATION BONDS;
$38,365,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 1986; $6075,000
GENERAL OBLIGATION BONDS, SERIES 1986A; AND $22,605,000 GENERAL
OBLIGATION BONDS, SERIES 1987 -- AUTHORIZE MANAGER TO PREPARE
DOCUMENTATION FOR ISSUANCE OF CITY'S GENERAL OBLIGATION REFUNDING BONDS,
SERIES 1992, IN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $90,0000000 --
APPOINT UNDERWRITERS. (See label 19)
------------------------------------------------------------------------------
Mayor Suarez: Item 8, was it, Commissioner... Vice Mayor?
Vice Mayor Alonso: Let me see. Eight... I don't remember any more, let
me... It was... Yeah. Where is Commissioner Dawkins? He was the one having
problems with this item. I believe it has been resolved.
Mr. Carlos Garcia: Yeah. I think Commissioner Dawkins is satisfied with the
commitment...
Vice Mayor Alonso: Is he here?
Mayor Suarez: Is this on a G.O. (General Obligation) Bond refinancing?
Mr. Garcia: Right. I don't know if he's here or not. He's satisfied with
the...
A. Quinn Jones III, Esq. (City Attorney): He said he had to leave at eight.
Vice Mayor Alonso: Has the company been...
Mayor Suarez: All right we'll move it and if he wants it reconsidered...
Vice Mayor Alonso: Has the company been included?
Mr. Cesar Odio (City Manager): We won't to do it...
Mr. Garcia: Yes.
Vice Mayor Alonso: The company... Yes, we are the one company.
Mr. Garcia: We'll include some other companies, yes. Right.
Vice Mayor Alonso: OK. I so move.
Mayor Suarez: So moved. Seconded. Is that an ordinance?
i
Mr. Odio: It is a resolution.
Vice Mayor Alonso: ...resolution.
Mr. Jones: ...resolution.
346 September 10, 1992
AhL
Mayor Suarez: Call the roll. But does it need four -fifths?
Mr. Odio: Let me... No.
Vice Mayor Alonso: No.
Mr. Odio: We won't sell them unless the market is right. It's a...
Mayor Suarez: Call the roll. Oh yes, I'm sorry. It's clearly subject to the
condition...
Mr. Odio: The conditions of the...
Mayor Suarez: ...that if the market, by any chance, changes we're not going
to sell them.
Mr. Odio: No, no.
Mayor Suarez: And we don't pay him either.
Mr. Odio: No, we need to save the money...
Mayor Suarez: All right.
Mr. Odio: ...it won't make any sense.
Mayor Suarez: Call the roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-562
A RESOLUTION AUTHORIZING THE CITY MANAGER TO TAKE THE
NECESSARY AND APPROPRIATE ACTIONS TO EFFECT THE TOTAL
OR PARTIAL REFUNDING OF THE OUTSTANDING PORTION OF THE
CITY'S $22,000,000 GENERAL OBLIGATION BONDS, DATED
JUNE 1, 1986, $38,355,000 GENERAL OBLIGATION REFUNDING
BONDS, SERIES 1986, $6,375,000 GENERAL OBLIGATION
BONDS, SERIES 1986A, AND $22,605,000 GENERAL
OBLIGATION BONDS, SERIES 1987, PROVIDING THAT SAID
REFUNDING SHALL RESULT IN A MONETARY SAVINGS TO THE
CITY IN AN AMOUNT NOT LESS THAN $1,000,000;
AUTHORIZING THE CITY MANAGER TO PREPARE THE
DOCUMENTATION NECESSARY FOR THE ISSUANCE OF THE CITY'S
GENERAL OBLIGATION REFUNDING BONDS, SERIES 1992, IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $90,000,000;
FURTHER APPOINTING UNDERWRITERS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
347 September 10, 1992
f 4,
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
45. DISCUSSION CONCERNING SELECTION OF BOND COUNSEL.
------------------------------------------------------------------------------
Mayor Suarez: Anything else left from the morning before we adjourn?
A. Quinn Jones III, Esq. (City Attorney): Mr. Mayor...
Vice Mayor Alonso: Yes, there was.
Mr. Jones: Mr. Mayor...
Mayor Suarez: Yes, sir.
Mr. Jones: Excuse me, if I might, madam Vice Mayor.
Vice Mayor Alonso: Yes.
Mr. Jones: In connection with...
r
Mayor Suarez: ...the choice of bond counsel.
Mr. Jones: ...bond counsel. The...
Mayor Suarez: What do you recommend?
t Mr. Jones: The rotation list was up. You know we had a rotation list. That
! was up the end of July.
z
ry
1 Mayor Suarez: Can we extend it by resolution until this is completed?
Mr. Jones: If you'd like to do it that way.
Mayor Suarez: Well, how else do you propose? You want to just go out on a
bid?.
Mr. Jones: I could come back with a new rotation list, or you can use the
same list that...
348 September 10, 1992
Mr. Jones: No, it won't.
Mayor Suarez: How is it not going to delay us? You don't need bond counsel's
opinion within the time that you need to sell the bonds?
Mr. Jones: What I'm saying to you, if you want to go ahead and pass a
resolution today, saying that we'll essentially use the same list, then the
next person in line, or combination thereof, I can recommend.
Mayor Suarez: All right. At some point we ought to revisit the process and I
guess it's due now and come up if you could... You'd do a great service if
you come up with a truly competitive...
Mr. Jones: Process.
Mayor Suarez: ...system of rates. One that doesn't rank them on the basis of
who we like or who we don't like...
Mr. Jones: Um-hmm.
Commissioner Plummer: What item are we on?
Mayor Suarez: ...or, you know, this or that kind of subjective thing...
Vice Mayor Alonso: We did eight and now he's talking about the...
Mayor Suarez: ...but really says, "Who is going to give us the best rates?
Flat out."
Vice Mayor Alonso: We're going back to some of the items.
Commissioner Plummer: Which number are you on?
Vice Mayor Alonso: We did eight and now it's...
Mayor Suarez: Or like we do with banks and interest rates where we take spot
bids, you know. They have... You call them and you get their rates and
whoever is more desperate at that particular time from a list of eight or ten
approved, you go with. You save a lot of money that way. We've got to come
up with a system that becomes...
Mr. Jones: Be creative...
Mayor Suarez: ...more competitive.
Commissioner Plummer: Who...
Mayor Suarez: Otherwise they sit around and wait for the next issue and try
to convince the Financial Advisor to convince us to do a refinancing. This is
a biggie here. This is a $90,000,000 one.
349 September 10, 1992
•
Commissioner Plummer: Are we using outside counsel on this?
Mr. Jones: Yeah, there were four firms on the list that just expired. So,
what I'm saying to the Mayor, either you can... If you want to extend that
list and include the same four firms...
Commissioner Plummer: I thought the understanding was that we would renew,
that's why I'm asking.
Mr. Jones: OK.
Mayor Suarez: Right. But not indefinitely, just for this bond issue. We
should go through the whole process again or come up with a better system.
Commissioner Plummer: Mr. Mayor, we made a promise to the rest of the firms
last year...
Mayor Suarez: That we're going to try to get to at least all four of them?
Vice Mayor Alonso: ...to rotate them.
Mayor Suarez: Well, we haven't gotten through at least one time in the
rotation for all four?
Mr. Jones: Oh, yeah. We've been through the rotation.
Mayor Suarez: Yeah.
Commissioner Plummer: Yeah.
Mr. Jones: Oh, yes.
Mayor Suarez: We can't promise them that they're going to be forever the four
in the rotation, J.L.
Commissioner Plummer: No, sir. What I'm saying is those four have got to
come off.
Mayor Suarez: All right. Right.
Commissioner Plummer: And new ones go on.
Mayor Suarez: The only reason we would be doing it here is that this thing
just came upon us...
Mr. Jones: Yeah.
Mayor Suarez: ...and I don't know that we have time to put out new bids.
Commissioner Plummer: When did the other one, list, expire?
Mr. Jones: The end of July.
350 September 10, 1992
Commissioner Plummer: OK. That's what... We made a promise. We
made a
commitment to these people that at the end of that time period we
would
establish a new list.
Mr. Odio: Look. We have time.
Mr. Jones: Yeah, we have time.
Mr. Odio: Can you come up with a list by the 24th?
Mr. Jones: Sure.
Commissioner Plummer: Oh, very definitely.
Mr. Odio: But, in case, it might get changed. OK. Can I...
Wait.
Commissioner...
Commissioner De Yurre: What are the four firms on the list?
Mr. Odio: I don't even know who they are.
Commissioner Plummer: I don't want to know.
Mr. Odio: But I... Let me ask you something.
Commissioner De Yurre: No, i...
Mr. Jones: Well, what we're going to have to do if you want a new list
is...
Mr. Odio: But wait a minute.
Mr.. Jones: ...really solicit those firms that may be interested and are
capable of doing the work. So, which means, I wouldn't be able to come back
with a list by the 24th.
Mayor Suarez: They're going to drive you totally and absolutely batty on a
f` $90,000,000 bond issue if we don't go to the existing four.
Mr. Jones: I mean, I can tell you, I've gotten inquiries already from at
least four firms.
Vice Mayor Alonso: It's going to delay it.
Mayor Suarez: And it's going to delay it and it's going to make it worse.
Mr. Odio: We can select the lawyers on the 24th.
Commissioner De Yurre: What about the underwriting?
Commissioner Plummer: We can on the 24th or not? Yes or no?
Mr. Odio: Yes, if it...
Mayor Suarez: You want to go through that on the 24th?
351 September 10, 1992
Mr. Odio: The 24th is fine because...
Mayor Suarez: A whole new list. All four of those are excluded. Is that
what you're saying?
Commissioner Plummer: Mr. Mayor, we promised at the time... And, 1n
particular, I'll name names: Kenny Myers came and was excluded. And he said
are you guaranteeing me that I will have a shot when this thing comes out
again in whatever that time frame? And I said, "Very definitely." This was
going to be in the interest of fairness, a rotated basis, so nobody could
point fingers and say that we were patronizing one firm or another. And I
thought that was...
Mayor Suarez: I would love to be able to take all of those qualified and say,
"Give us a sealed bid on what you're willing to do this bond issue for." And
we take the lowest.
Commissioner Plummer: I have no problem with that at all, Mr. Mayor. I have
no problem with that at all.
Mayor Suarez: We'll be the first City to do that.
Commissioner Plummer: That's...
Mayor Suarez: The rest of the stuff is hocus pocus. They're all the same.
Commissioner Plummer: Hey...
Mayor Suarez: They all go to the same books.
Commissioner Plummer: let me tell you...
Mayor Suarez: They all read the same...
Vice Mayor Alonso: Can we do that?
Commissioner Plummer: I think that's a...
Mayor Suarez: ...boiler plate. They all, you know...
Commissioner Plummer: Damned good idea.
Mr. Jones: Well, we could use competitive negotiations and we could come
back...
Mayor Suarez: But sealed bid for the amount because they really are all the
same.
Mr. Jones: We can't use that then. That's different.
Mayor Suarez: I mean, I hate to say it folks but they're all the same.
Mr. Jones: That's different then...
352 September 10, 1992
t
Mayor Suarez: They're not different.
Mr. Jones: It was if you want...
Mayor Suarez: The service is the same. The lawyers are the same. They all
came from the same law schools...
Commissioner Plummer: Hey, Mr...
Mr. Jones: If you want seated bids then it's going to take longer.
Mayor Suarez: ...and studied the same law and do the same stuff...
Commissioner Plummer: Mr. Mayor, I think we're looking for two things.
Mayor Suarez: ...And copy each other's documents and boiler plate everything.
Commissioner Plummer: I think we're looking for two things. Number one...
Mayor Suarez: We've got to reduce legal costs, folks, or we're going to
drown.
Commissioner Plummer: ...the best price that we can for the City, and number
two, that nobody 1s pointing fingers saying, "Hey. You're favoring one over
the other."
Mayor Suarez: Right.
Mr. Odio: Why can't you solicit sealed bids without having to add...
Mayor Suarez: Yes. You could go through all the lists...
Mr. Odio: Solicit.
Mayor Suarez: ...of the ones previously submitting and soliciting...
Mr. Jones: Can we get it done by the 24th?
Mr. Odio: I need to do it by the 24th. By advertising... time frame.
Mayor Suarez: ...and come up with the lowest rate, package deal.
Mr. Jones: Well, the only thing that concerns me with the sealed bid, Mr.
Mayor, in the time frame that you're talking about, because you've got to give
adequate time to advertise and for them to respond. So you're really talking
about a turnaround period... We can try. Well, we can try.
Commissioner Plummer: Yeah. But you're also talking about credibility of
this Commission and its word.
Mr. Jones: Yeah.
Mayor Suarez: Right.
353 September 10, 1992
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Commissioner Plummer: OK?
Mayor Suarez: And nobody can complain. Either the people that are on the
rotation now, or the people that have been left out of the rotation in the
past, that they didn't have a shot at it.
Commissioner Plummer: Now what...
Mayor Suarez: Just give us a low price.
Commissioner Plummer: What about the underwriters? Do we have a list? Isn't
there a rotation list on underwriters?
Vice Mayor Alonso: Yes.
Commissioner Plummer: OK? Now, did that expire or are we still on the...
Mr. Carlos Garcia: It's a brand new list that was approved by the City
Commission last year. This is the first team.
Commissioner Plummer: How many people on that list?
Mr. Garcia: There are four teams.
Commissioner Plummer: OK.
Mr. Garcia: There are five firms are in a particular team, team number one.
Commissioner Plummer: Say that again.
Mr. Garcia: There are four teams on the rotational list... -
Commissioner Plummer: OK.
Mr. Garcia: ...and a total of 19 firms. _
Commissioner Plummer: Nineteen?
Mr. Garcia: Nineteen firms. In the first team there are five firms. Three
minority firms and two non -minority firms.
Mayor Suarez: They split the package that way.
Commissioner Plummer: OK. But they, in effect, are one?
Mr6 Odio: Yeah.
Mr. Garcia: They work as one team.
Commissioner Plummer: As one?
Mr. Garcia: Yes, sir.
354 September 10, 1992
!` 5
Commissioner Plummer: And who is that first firm that has been chosen?
Mr. Odio: Goldman -Sachs.
Mr. Garcia: Goldman -Sachs...
Commissioner Plummer: Goldman -Sachs...
Mayor Suarez: Et al.
Mr. Garcia: ...is the leading firm. Right.
Commissioner Plummer: Now, let me ask this question. Goldman -Sachs is a New
York firm?
Mr. Garcia: Yes, sir.
Commissioner Plummer: You're then telling me, I assume, that there is no
local underwriting firm who can handle that sale?
Mr. Odio: No, you can't afford...
Mr. Garcia: No, we have other firms including...
Commissioner Plummer: Well, wait a minute.
Mayor Suarez: No, no. We went through the process of selecting them and we
took into account all of that. And almost everybody had at least one New York
firm affiliated with them.
Mr. Odio: And the minorities...
Commissioner Plummer: Goldman -Sachs is a primary New York firm, Mr. Mayor.
Mr. Garcia: But they have...
Mayor Suarez: No, I know.
Mr. Garcia: They have a local office.
_1 Mayor Suarez: But they joined with locals. That's what all of them did.
y
Mr. Garcia: They have a local office. t
Mayor Suarez:'`I don't think any of them were...
Commissioner Plummer: Are you telling me the majority of their money, their
fee, stays in Miami?
Mayor Suarez: Well, with,four partners.
". Mr. Garcia:. It depends on where they sell the bonds.
355 September 10, 1992
Mayor Suarez: Oh, but you have to... You have to specify that when we go
through the process in the future, if they tell us that it can be done...
Commissioner Plummer: I can tell you right now I'll make a motion that a
local firm get the business. If they're qualified.
Mayor Suarez: No, no. We set up this rotation and we went through the whole
process and we assumed, based on the Manager's recommendation and the experts,
that these were the kinds of teams that were feasible. Now, if at any point,
we think that we have enough underwriting out of Miami...
Commissioner Plummer: You're giving, Mr. Mayor... You're giving the biggest
bond issue we've got. Twenty-two million?
Mr. Odio: Yeah, but there are five teams in there.
Mayor Suarez: But there's five partners. Four may be local. You want to
check how many are local out of...
Commissioner Plummer: How many of them are local, Mr. Manager.
Mr. Odio: I would say four of them.
Ms. Matty Hirai (City Clerk): Carlos...
Commissioner Plummer: No, of the group A, B, C and D?
Mr. Odio: No, I didn't see... I haven't seen those.
Commissioner Plummer: I ask again do we have a local...
Mayor Suarez: Local presence...
Vice Mayor Alonso: Local presence...
Commissioner Plummer: ...firm involved?
Mayor Suarez: First Boston has local presence. Goldman -Sachs has a local
presence.
Vice Mayor Alonso: Local presence?
Commissioner Plummer: Not a local presence. OK? Because we knots what
tokenism is.
Mayor Suarez: No, I'm sorry. They have a local presence but then they have a
co -senior which is black owned, M.R. Beale & Co. Are they hear, local?
Mr. Garcia: No, they are from New York.
Mayor Suarez: New York. Co -managers you've got AIBC...
356 September 10, 1992
Mr. Garcia: Which is local.
Mayor Suarez: ...hispanic -owned, local presence; Barnett Capital Markets
Group, local presence; and Smith, Mitchell & Assoc., female owned.
Mr. Odio: No, and they added another one.
Commissioner Plummer: OK. Look, all I'm saying to you, Carlos...
Mayor Suarez: And now they've got another one. Is that local?
Commissioner Plummer: ...is the major portion of the monies that are going to
be made going to remain in this community?
Mayor Suarez: He just answered that.
Mr. Garcia: It depends who sells the bonds. The salespeople that sell the
bonds will get that commission. If these people have a local office, if that
local office handles most of the sale they'll get the commission. If the
bonds are sold in New York, the New York salesman will get the commission.
So...
Mr. Odio: But if you don't have an office in New York, you don't sell them.
Mayor Suarez: A typical sale of $90,000,000.
versus New York?
Mr. Garcia: What do you think?
Mayor Suarez: No idea.
Mr. Odio: $90,000,000, they won't buy them here.
How much will be sold here
Mayor Suarez: All right. What are we voting on?
Mr. Garcia: These are the firms that the selection committee...
Mayor Suarez: No, there's no questions pending, please. What are we voting
on. Item eight as presented?
'Mr. Odio: No, we have to bring back the lawyers on this.
Ms. Hirai: No, no. We already...
Mayor Suarez: Can you do it by the 24th?
Mr. Jones: I'm just afraid, doing it under the sealed bid process, we
need...and the Code requires notice of at least 15 days.
Mayor Suarez: OK. I didn't mean the sealed bid process in the Code. I meant
a competitive negotiation. Is that what you cats it?
Mr. Jones: Well if we do competitive negotiation...
357 September 10, 1992
Y
Mayor Suarez: Where...
Mr. Jones: .661 can just get on the phone.
Mayor Suarez: Fight. Were you... And do it in a way...
Mr. Jones: Right.
Mayor Suarez: ...that you're sure nobody is going to question you, please.
Mr. Jones: OK.
Mayor Suarez: That you get the rates and that they understand that it's a
package deal.
Mr. Jones: Yeah.
Mayor Suarez: Don't be saying, you know, "per hour fees" and all of that.
How much are you going to be willing to do this opinion.
Mr. Jones: OK.
Mayor Suarez: Can you do it?
Mr. Jones: Yeah, we can do it. Under competitive... we can do it.
Mayor Suarez: Can't beat that. All right. With all those provisos on item
8. Is that what we're voting on Madam City Clerk?
Ms. Hirai: No, sir. We've already called the roll call on eight.
Vice Mayor Alonso: No, we did that.
Mayor Suarez: OK. Do we need to vote on what we just decided? Do we need to
vote on that?
Mr. Jones: No.
Vice Mayor Alonso: No.
Mayor Suarez: All right. Anything further?
Vice Mayor Alonso: The CA-20, can we take that, please?
Commissioner Plummer: Mr. Mayor, I would hope in the future we would
definitely be looking to help local people first...
Mayor Suarez:For underwriting?
Commissioner Plummer: ...and foremost.
Mayor Suarez: It's tough for underwriting. We did it for bond counsel when I
first got elected in 1985 which had not been done before.
358 September 10, 1992
Commissioner Plummer: Were you...
■
Mayor Suarez: Then we went to New York firms as co -senior partners and all of
that. Then we went to co -ventures. Then we went to all, local firms for bond
counsel. We got criticized by the Herald, figure that one out. Out
underwriting we've never...
Vice Mayor Alonso: That's OK.
Mayor Suarez: ...never thought we could do it totally locally. But that's
interesting. I don't know anything about the bond market in Miami, to tell
you the truth, I...
Commissioner Plummer: OK.
Vice Mayor Alonso: Can we take CA-20, please?
Mayor Suarez: CA-20?
Vice Mayor Alonso: Yeah.
Mayor Suarez: What's that, Commissioner?
Vice Mayor Alonso: That was the Tower Theatre and the problem was the
assignment of committee members and then we didn't vote on the item because we
got...
Commissioner Plummer: CA-20?
Vice Mayor Alonso: Yes.
Ms. Hirai: Was withdrawn.
Commissioner Plummer: It was withdrawn.
Ms. Hirai: Yes.
Vice Mayor,Aionso: Not necessarily. It was... The discussion came about...
Ms. Hirai: Yeah.
Vice Mayor Alonso: Commissioner Dawkins wanted the clarification of the
components of the committee as assigned by the City Manager that staff
people...
Commissioner Plummer: Excuse me. I have a memo that it was withdrawn.
Vice Mayor Alonso: Twenty?
Ms. Hirai: But there was a brief discussion in connection with it, even
though it was in fact withdrawn. Yes.
359 September 10, 1992
Commissioner Plummers It was withdrawn by the Manager before we ever got
here.
Ms. Hirai: Yes.
Commissioner Plummer: I have a memo to that effect.
Ms. Hirai: But it was briefly discussed.
Commissioner Plummer: It was withdrawn prior to us coming here...
Vice Mayor Alonso: It was discussed.
Commissioner Plummer: ...and meeting.
Vice Mayor Alonso: But it was discussed.
Ms. Hirai: Somebody sought a clarification.
Commissioner De Yurre: There's a memo.
Ms. Hirai: Yes. But somebody wanted clarification on it.
Vice Mayor Alonso: It was because of the question... Mr. Manager?
Ms. Hirai: Commissioner Dawkins wanted some clarification on it.
Vice Mayor Alonso: Mr. Manager, did you pull... Did you withdraw CA-20?
Commissioner Plummer: Yes.
Mr. Odio: No, Commissioner...
Commissioner Plummer: Excuse me. Here it is. Here's the memo.
Mr. Odio: Commissioner Dawkins sent me a memo withdrawing CA-20.
Vice Mayor Alonso: It was because of the component of the... We discussed...
Mr. Odio: You have the memo from Dawkins?
Vice Mayor Alonso: He brought it back.
Mr. Odio: That's right. The day before the...
Vice Mayor Alonso: OK. We'll take it the 24th.
Commissioner Plummer: Yeah. It was withdrawn.
Mr. Odio: Excuse me. The day before the Commission meeting he sent us a
memo.
Mayor Suarez: Oh, under the procedure that a consent agenda item...
Vice Mayor Alonso:
committee.
Mr. Odio: I don't care. If you want to...
Vice Mayor Alonso: We'll do it the 24th. I...
Commissioner Plummer: Sure.
Vice Mayor Alonso: That's OK.
Mayor Suarez: Anything further? If not, we are...
Vice Mayor Alonso: But bring it back the 24th.
Mayor Suarez: All right. Please make sure it's on the agenda, Aurelio.
Vice Mayor Alonso: Because we don't want to delay that.
Mayor Suarez: We're adjourned.
Vice Mayor Alonso: OK. Great.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 8:13 P.M.
ATTEST:
Xavier L. Suarez
MAYOR
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September 10, 1992