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OF MEETING HELD ON OCTOBER 8, 1992
REGULAR
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
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INDEX
MINUTES OF REGULAR MEETING
OCTOBER O. 1992
ITEM SUBJECT
NO.
1. CONSENT AGENDA.
LEGISLATION PAGE
NO.
DISCUSSION 2-3
10/8/92
1.1 AUTHORIZE AND PERMIT NARON AND NARON,
R 92-613
PA TO CONSTRUCT / MAINTAIN A PEDESTRIAN
10/8/92
WALKWAY AWNING ACROSS THE ALLEY EAST OF
AND PARALLEL TO S.W. 27TH AVENUE,
BETWEEN SHELL LUMBER HARDWARE
DEPARTMENT AND SHELL LUMBER BUILDING
MATERIAL DEPARTMENT, AT 2733 S.W. 27TH
AVENUE, SUBJECT TO CONDITIONS.
1.2 ESTABLISH SPECIAL CHARGES / TERMS /
R 92-614
CONDITIONS FOR USE OF PORTION OF ORANGE
10/8/92
BOWL STADIUM BY MIAMI MUNDIAL SPORTS
GROUP, INC., FOR PRESENTATION OF SERIES
OF SOCCER GAMES.
1.3 RATIFY MANAGER'S ACTION IN ACCEPTING
R 92-615
DONATION OF: (a) $7,000 FROM MIAMI
10/8/92
SPORTS AND EXHIBITION AUTHORITY; (b)
$49000 FROM GREATER MIAMI HOST
COMMITTEE; AND (c) $5,000 FROM SKIP
SHEPARD AND THE DUPONT PLAZA HOTEL --
FOR REPLACEMENT OF TILE AND CARPETING
AT ORANGE BOWL STADIUM.
1.4 AMEND RESOLUTION 92-383, THEREBY R 92-616
CHANGING DATE OF SICKLE CELL ANEMIA 10/8/92
WALK-A-THON TO BE CONDUCTED BY DADE
COUNTY SICKLE CELL FOUNDATION, INC.
2. APPROVE PURCHASE: COMPUTERIZED R 92-617
PHOTOGRAPHIC MINI -LAB -- ALLOCATE FUNDS 10/8/92
FROM LAW ENFORCEMENT TRUST FUND,
PROJECT NO. 690001.
3
4
4
4-5
5-9
4 ;
i
3. AUTHORIZE MANAGER TO MAKE OFFER /
EXECUTE AGREEMENT WITH PROPERTY OWNERS
FOR ACQUISITION OF THREE PARCELS AT
BISCAYNE BOULEVARD AND N.E. 5TH AVENUE
BETWEEN N.E. 62ND AND 63RD STREETS, IN
EDISON / LITTLE RIVER COMMUNITY
DEVELOPMENT TARGET AREA -- TO BE USED
FOR DEVELOPMENT OF LOW / MODERATE
INCOME HOUSING -- ALLOCATE FUNDS FROM
LOTH YEAR CDBG PROGRAM.
4. AUTHORIZE AND PERMIT RAILWAY CLERKS
TITLE HOLDING COMPANY AND THE SCHOOL
BOARD OF DADE COUNTY TO CONSTRUCT /
MAINTAIN TWO PEDESTRIAN OVERPASSES AND
WALKWAYS OVER AND ACROSS: (a) N.E. 2ND
AVENUE NORTH OF M.E. 15TH STREET
BETWEEN THE JEFFERSON PARKING GARAGE
AND THE JEFFERSON BUILDING; AND (b)
N.E. 15TH STREET WEST OF N.E. 2ND
AVENUE BETWEEN THE SCHOOL BOARD
ADMINISTRATION BUILDING AND THE
JEFFERSON PARKING GARAGE, SUBJECT TO
CONDITIONS.
5. AUTHORIZE INCREASE IN FUNDS PREVIOUSLY
AUTHORIZED FOR PAYMENT BY CITY ATTORNEY
TO: (a) PETER J. HURTGEN, ESQ., (OF
MORGAN, LEWIS AND BROCKIUS) -- FOR
LEGAL REPRESENTATION OF FORMER FIRE
CHIEF COLONEL H. DUKE (CASE NO. 88-
2033-CIV-KEHOE); AND (b) CRAIG J.
FREGER, ESQ. (OF COFFEY, ARAGON, MARTIN
AND BURLINGTON) -- FOR LEGAL
REPRESENTATION OF FORMER FIRE CHIEF
KENNETH C. McCULLOUGH -- ALLOCATE FUNDS
FROM SELF-INSURANCE AND INSURANCE TRUST
FUND.
6. EMERGENCY RESOLUTION: DECLARE ALL CITY
OF MIAMI EMPLOYEES WHO WERE CALLED TO
ACTIVE STATE DUTY IN THE FLORIDA
NATIONAL GUARD PURSUANT TO EXECUTIVE
ORDERS SIGNED BY THE GOVERNOR SHALL
RECEIVE PAY, RETROACTIVE TO AUGUST 23,
1992, IN AN AMOUNT NECESSARY TO BRING
THEIR TOTAL SALARY, INCLUSIVE OF BASE
MILITARY PAY, TO THE LEVEL OF SALARY
EARNED AT THE TIME THEY WERE CALLED TO
ACTIVE DUTY TO SUPPORT LOCAL
AUTHORITIES DURING THE EMERGENCY
CREATED BY HURRICANE ANDREW.
R 92-618
10/8/92
R 92-619
10/8/92
R 92-620
10/8/92
R 92-621
10/8/92
9-11
12-13
13-16
16-17
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7. AUTHORIZE MANAGER TO APPLY FOR A R 92-622
COMMUNITY DISASTER LOAN OF $890009000 10/8/92
FROM THE FEDERAL EMERGENCY MANAGEMENT
AGENCY.
e. DISCUSS AND TEMPORARILY TABLE DISCUSSION
CONSIDERATION OF ST. HUGH OAKS VILLAGE 10/8/92
HOUSING PROJECT B-6206 (See labels 12,
37 & 67) .
9. AUTHORIZE PURCHASE OF A FLATBED TRUCK R 92-623
(FROM EXISTING STATE OF FLORIDA 10/8/92
DEPARTMENT CONTRACT NO. 070-700-200-8D)
FROM ATLANTIC FORD TRUCK SALES -- FOR
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE --
ALLOCATE FUNDS FROM RECYCLING PROGRAM
PROJECT NO. 197004.
10. ACCEPT BID: OLD DOMINION COMPANY, FOR R 92-624
FURNISHING A VACUUM LEAF LOADER -- FOR 10/8/92
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE --
ALLOCATE FUNDS FROM SOLID WASTE
REDUCTION RECYCLING AND EDUCATION GRAND
FUND, PROJECT NO. 197004.
11. ACCEPT BID: RAY PACE'S WASTE EQUIPMENT R 92-625
COMPANY, INC., FOR FURNISHING A HEAVY 10/8/92
DUTY SCREENING MACHINE -- FOR
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE --
ALLOCATE FUNDS FROM SOLID WASTE
REDUCTION, PROJECT NO. 197004.
12. (Continued Discussion) CONCERNING ST. DISCUSSION
HUGH OAKS VILLAGE HOUSING PROJECT B- 10/8/92
6206 -- MOMENTARILY TABLED (See labels
8, 37 & 67).
13. SECOND READING ORDINANCE: AMEND 10840 ORDINANCE
WHICH ESTABLISHED INITIAL 11004
APPROPRIATIONS FOR COCONUT GROVE 10/8/92
SPECIAL EVENTS DISTRICT FUND - FY '90-
91 -- PROVIDE FOR INCREASE ($42,000) AS
A RESULT OF ADDITIONAL MONIES DEPOSITED
DUE TO SUCCESSFUL COLLECTION OF COCONUT
GROVE SPECIAL EVENTS DISTRICT
SUPPLEMENTARY USER FEE.
17-18
18-19
19-20
21
22
23
24-25
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14. SECOND READING ORDINANCE: AMEND CODE ORDINANCE
CHAPTER 64-17 -- EXTEND DEADLINE DATE 11005
FOR DEPOSIT(S) OF FUNDS TO PAY FOR 10/8/92
CONSTRUCTION OF WALL(S) ACROSS NATOMA
STREET, TA-LU-GA DRIVE AND ALATKA
STREET TO JANUARY 10, 1993.
26-28
15.
SECOND READING ORDINANCE: AMEND
ORDINANCE 28-32
10938 -- ESTABLISH NEW PROJECT:
11006
PRELIMINARY GENERAL OBLIGATION BOND
10/8/92
EXPENSES - 1992 (CIP 311028) --
APPROPRIATE FUNDS FROM 1984 STORM SEWER
GENERAL OBLIGATION BOND PROCEEDS.
16.
SECOND READING ORDINANCE: AMEND CODE
ORDINANCE 32-36
CHAPTERS 2 AND 19 ("ADMINISTRATION" AND
11007
"FIRE PROTECTION") -- PROVIDE FOR
10/8/92
INCREASE IN FEES FOR INSPECTIONS /
EXAMINATIONS OF PLANS FOR COMPLIANCE,
EMERGENCY MEDICAL TRANSPORTATION FEES,
AND PERMIT, TESTS CHARGES AND FEES
RELATED TO REQUIREMENTS AND ENFORCEMENT
OF SOUTH FLORIDA FIRE PREVENTION CODE
AND CITY OF MIAMI CODE.
17.
SECOND READING ORDINANCE: AMEND CODE
ORDINANCE 36-37
CHAPTER 54.5 ("SUBDIVISION
11008
REGULATIONS") -- AMEND SECTION 54.5-15
10/8/92
("ENCROACHMENTS" ON OR IN RIGHTS -OF -
WAY, PUBLIC EASEMENTS, PRIVATE
EASEMENTS OR EMERGENCY ACCESS
EASEMENTS; EXCEPTIONS") -- PROVIDE
MECHANISM TO PERMIT ENCROACHMENT OF
VEHICULAR OVERPASS ABOVE RIGHTS -OF -WAY
(ROW), PUBLIC EASEMENTS OR EMERGENCY
ACCESS EASEMENTS.
18.
AUTHORIZE AND PERMIT PUBLIC HEALTH
R 92-626 37-46
TRUST OF DADE COUNTY TO CONSTRUCT /
10/8/92
MAINTAIN A PEDESTRIAN / VEHICULAR
OVERPASS OVER AND ACROSS INTERSECTION
OF BOB HOPE BOULEVARD AND N.W. 18TH
STREET BETWEEN PROPOSED HIGHLAND
PARKING STRUCTURE AND PARK PLAZA EAST
PARKING STRUCTURE, WITH CONDITIONS.
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19, FIRST READING ORDINANCE! AMEND CODE
SECTION 40-229 -- PROVIDE FOR CHANGES
IN INVESTMENT GUIDELINES AND TYPES OF
FUNDS WHERE INVESTMENT MAY BE MADE FOR
MEMBERS OF CITY OF MIAMI GENERAL
EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST.
20. GRANT REQUEST BY REPRESENTATIVES OF R 92-627
TRANSATLANTIC REGATTA III THE DISCOVERY 10/8/92
RACE -- GRANT WAIVER OF DOCK -RELATED
USER FEES AT FEC TRACK / BAYSIDE --
GRANT PERMISSION TO PLACE BANNERS.
21. AMEND RESOLUTION 86-11 -- MODIFY R 92-628
CERTAIN COMPENSATION BENEFITS AND 10/8/92
EMOLUMENTS TO BE RECEIVED BY CITY
MANAGER CESAR ODIO.
22. PERSONAL APPEARANCE BY REPRESENTATIVES DISCUSSION
OF THE OVERTOWN INDEPENDENT REVIEW 10/8/92
PANEL TO PRESENT STATUS REPORT ON
IMPLEMENTATION OF THE PANEL'S FINAL
REPORT AND RECOMMENDATIONS.
23. AUTHORIZE MANAGER TO EXECUTE AGREEMENT R 92-629
WITH OMNICOM, INC., TO CONDUCT A 10/8/92
FEASIBILITY STUDY OF A CONSOLIDATED LAW
ENFORCEMENT AND FIRE / EMS DISPATCH
CENTER.
24. AMEND RESOLUTION 91-513 WHICH WAIVED R 92-630
APPLICABLE FEES FOR USE OF SPACE IN 10/8/92
MANUEL ARTIME COMMUNITY CENTER FOR
LIONS HOME FOR THE BLIND, INC. --
INCREASE AMOUNT OF WAIVED FEES TO
$15,000 AND CHANGE PERIOD COVERED
(APRIL 1, 1992 - JUNE 30, 1993).
25. WAIVE APPLICABLE FEES ($12,000) FOR USE R 92-631
OF SPACE IN MANUEL ARTIME COMMUNITY 10/8/92
CENTER BY LIONS HOME FOR THE BLIND,
INC. FOR PERIOD JULY 1, 1992 - JUNE 30,
1993.
51-55
55-87
87-96
96-97
97-99
99-100
26.
DISCUSS AND WITHDRAW PROPOSED
DISCUSSION 100-102
RESOLUTION AUTHORIZING MANAGER TO ISSUE
10/8/92
FOUR INVITATIONS TO BID FOR SALE OF
CITY -OWNED PROPERTIES: (a) VACANT LOT
ON N.E. 4TH COURT AND 69TH STREET; (b)
TWO NON -WATERFRONT LOTS ON NORTH SIDE
OF S.W. NORTH RIVER DRIVE AND S.W. 1ST
STREET; (c) VACANT TRACT KNOWN AS
MUNICIPAL SHOP TRACT ANNEX ON N.W. 20TH
STREET AND LOTH AVENUE; AND (d) FORMER
FIRE STATION NO. 14, 151 N.W. 27TH
AVENUE --
27.
RATIFY RESOLUTION 91-256 WHEREBY URBAN
R 92-632 102-109
LEAGUE OF GREATER MIAMI, INC. APPROVED,
10/8/92
IN PRINCIPLE, AS THE PROJECT SPONSOR TO
UNDERTAKE DEVELOPMENT OF A 35 UNIT
AFFORDABLE RENTAL HOUSING PROJECT FOR
DEVELOPMENT ON CITY -OWNED HIGHLAND PARK
SCHOOL SITE -- AUTHORIZE MANAGER TO
EXECUTE CONVEYANCE OF SCHOOL SITE AND
MEMORANDUM OF AGREEMENT.
28.
APPROVE RECOMMENDATION OF COMPETITIVE
R 92-633 109-113
SELECTION COMMITTEE OF THE THREE MOST
10/8/92
QUALIFIED FIRMS TO PROVIDE PROFESSIONAL
PLANNING AND DESIGN SERVICES, INCLUDING
ENVIRONMENTAL ASSESSMENT STUDIES AND
PREPARATION OF CONSTRUCTION DOCUMENTS
FOR THE PROPOSED AIR TRANSPORTATION
SERVICE FACILITY AT WATSON ISLAND.
29
AUTHORIZE MANAGER TO EXECUTE AMENDMENT
R 92-634 113-114
NO. 8 TO AGREEMENT WITH DELOITTE AND
10/8/92
TOUCHE (CERTIFIED PUBLIC ACCOUNTANTS),
IN ASSOCIATION WITH (a) SHARPTON,
BRUNSON AND COMPANY, PA; (b) VERDEJA,
IRIONDO AND GRAVIER; AND (c) WATSON AND
COMPANY, PA -- FOR EXTERNAL AUDITING
SERVICES RELATED TO COMPREHENSIVE
ANNUAL FINANCIAL REPORT FOR FY ENDING
SEPTEMBER 30, 1992.
30.
ACCEPT BID: SAULSBURY FIRE EQUIPMENT
R 92-635 115-116
CORPORATION -- FOR ONE FOAM PUMPER
10/8/92
APPARATUS, INCLUDING INSPECTION TRIPS,
MISCELLANEOUS EQUIPMENT AND ANY
NECESSARY CONTINGENCY FUNDING.
:;a
31.
(A) RESCHEDULE OCTOBER 22ND COMMISSION
R 92-636
MEETING TO BEGIN AT 2:00 P.M.
R 92-637
(B) RESCHEDULE SECOND NOVEMBER
R 92-637.1
COMMISSION MEETING TO TAKE PLACE ON
10/8/92
NOVEMBER 12TH.
(C) RESCHEDULE SECOND DECEMBER
COMMISSION MEETING TO TAKE PLACE ON
DECEMBER LOTH.
32.
DISCUSSION CONCERNING NECESSARY CHANGES
DISCUSSION
IN BUILDING CODE -- EXPRESS
10/8/92
COMMISSION'S WISH TO HAVE CITY DIRECTLY
INVOLVED IN THE PROCESS OF REBUILDING
THIS COMMUNITY -- DIRECT ADMINISTRATION
TO ENSURE THAT THE CITY PARTICIPATE IN
FUTURE PLANNING IN A PRO ACTIVE MANNER.
33.
BRIEF DISCUSSION CONCERNING POSSIBLE
DISCUSSION
CONFLICT OF DATES CONCERNING STAGING OF
10/8/92
CARIBBEAN AMERICAN CARNIVAL -- DIRECT
ADMINISTRATION TO ESTABLISH REASONABLE
PERFORMANCE BOND AMOUNT (See label 72).
34.
APPROVE CHIEF PROCUREMENT OFFICER'S
R 92-638
DECISION TO REJECT PROTEST OF
10/8/92
OCCUPATIONAL MEDICAL CENTER IN
CONNECTION WITH REQUEST FOR PROPOSALS
(RFP) NO. 91-92-073 TO PROVIDE PHYSICAL
EXAMINATIONS FOR DEPARTMENT OF
PERSONNEL MANAGEMENT.
35.
ACCEPT PROPOSAL: MT. SINAI MEDICAL
R 92-639
CENTER OF GREATER MIAMI, INC. -- TO
10/8/92
FURNISH PHYSICAL EXAMINATIONS FOR
DEPARTMENT OF PERSONNEL MANAGEMENT --
AUTHORIZE AGREEMENT, WITH PROVISOS.
36.
DISCUSSION CONCERNING POSSIBILITY OF
DISCUSSION
TESTING PROSPECTIVE CITY EMPLOYEES FOR
1018/92
AIDS.
37.
(Continued Discussion) CONCERNING ST.
DISCUSSION
HUGH OAKS VILLAGE HOUSING PROJECT B-
10/8/92
6206 -- MOMENTARILY TABLED (See labels
8, 12 & 67).
38. AUTHORIZE PAYMENT, PURSUANT TO FEDERAL R 92-640
COURT ORDER, TO: (a) ATTORNEY JOEL 10/8/92
LUMER ($71,800.54); AND (b) ATTORNEY
JOHN J. SPIEGEL ($48,938.16) (U.S.
District Court Case No. 88-412-CIV-
RYSKAMP).
116-121
121-125
125-128
128-140
141-146
146-148
148-155
155-156
9. DISCUSS AND DEFER TO COMMISSION MEETING DISCUSSION
OF OCTOBER 22NO CONSIDERATION OF 10/8/92
PROPOSED RESOLUTION TO EXECUTE
AGREEMENT WITH A LAW FIRM FOR
PROFESSIONAL LEGISLATIVE CONSULTATION
SERVICES BEFORE METROPOLITAN DADE
COUNTY COMMISSION.
40. DENY PROPOSED RESOLUTION RATIFYING M 92-641
POSTPONEMENT OF COLLECTION FROM 10/8/92
VIZCATRAN, LIMITED, OF FEES REQUIRED BY
THE CODE TO EXTEND SUBDIVISION
IMPROVEMENTS TIME LIMIT TO JUNE 26,
1993, FEES TO BE DUE IN FULL AT SUCH
TIME AS CODEC, INC. OBTAINS NECESSARY
FUNDING TO BEGIN CONSTRUCTION, AS
RELATED TO VIZCATRAN GARDEN
SUBDIVISION.
41. APPOINT / REAPPOINT / RATIFY R 92-642
INDIVIDUALS TO SERVE AS MEMBERS OF 10/8/92
CITY'S AFFIRMATIVE ACTION ADVISORY
BOARD (Appointed / Reappointed were:
Sam Mason and Willy Gort; ratified was:
Sgt. Kevin McKinnon).
42. BRIEFLY DISCUSS AND TEMPORARILY TABLE DISCUSSION
PROPOSED RESOLUTION TO APPOINT AN 10/8/92
INDIVIDUAL AS ONE OF THE CITY'S
REPRESENTATIVES TO THE METRO DADE
COUNTY BISCAYNE BAY SHORELINE
DEVELOPMENT REVIEW COMMITTEE (See label
44).
43. APPOINT INDIVIDUAL TO SERVE AS MEMBER M 92-643
ON CITY'S URBAN DEVELOPMENT REVIEW R 92-643.1
BOARD. (Note: Commissioner Dawkins to 10/8/92
submit his nomination in writing to the
Clerk.)
44. (Continued Discussion) DEFER PROPOSED DISCUSSION
RESOLUTION TO APPOINT AN INDIVIDUAL AS 10/8/92
ONE OF THE CITY'S REPRESENTATIVES TO
THE METRO DADE COUNTY BISCAYNE BAY
SHORELINE DEVELOPMENT REVIEW COMMITTEE
(See label 42).
45. APPOINT / REAPPOINT INDIVIDUALS TO R 92-644
SERVE ON CITY'S CODE ENFORCEMENT BOARD 10/8/92
(Appointed / Reappointed were: Jack
Topley [regular member] and Ana Magda
Guillen [alternate member]).
156-1SS
163-163
170-172
172
173-174
174-175
175-178
APPOINT / REAPPOINT INDIVIDUALS AS
MEMBERS TO CITY'S LATIN QUARTER REVIEW
BOARD -- DESIGNATE TERMS OF OFFICE
(Appointed / Reappointed were: Silvio
Diaz, Tessi J. Garcia, Hector Gasca,
Luis Sabines, Angel C. Saqui II, Mario
Pestonit, Gloria Rosello, Mariano
Corral and Daniel Perez-Zarraga).
R 92-645
10/8/92
47.
APPOINT / REAPPOINT INDIVIDUALS TO
M 92-646
SERVE AS MEMBERS OF CITY'S OFFICE OF
R 92-646.1
PROFESSIONAL COMPLIANCE ADVISORY PANEL.
10/8/92
(Note: Vice Mayor Alonso and
Commissioners Plummer and De Yurre are
to submit their nominations in
writing.)
48.
REAPPOINT INDIVIDUALS FOR A SECOND AND
R 92-647
FINAL THREE YEAR TERM TO SERVE ON
10/8/92
COMMISSION ON THE STATUS OF WOMEN
(Reappointed were: Luisa M. Garcia
Toledo, Anita Rafky, Susana Sosa,
Elizabeth H. Kaynor, Bernadette Morris
and Marcia Hope).
49.
COMMISSIONER PLUMMER REQUESTS CITY
DISCUSSION
ATTORNEY TO INFORM AS TO WHETHER ONE OF
10/8/92
HIS APPOINTEES TO THE PLANNING ADVISORY
BOARD (ELADIO ARMESTO) WOULD BE ALLOWED
TO CONTINUE TO SERVE, GIVEN HIS RECENT
ELECTION AS STATE REPRESENTATIVE.
50.
DISCUSSION CONCERNING COMMISSIONER
DISCUSSION
PENDING APPOINTMENTS TO THE MIAMI
10/8/92
SPORTS AND EXHIBITION AUTHORITY --
COMMISSIONER DAWKINS REQUESTS
COMMISSION TO CONSIDER APPOINTING FOR 2
AND 3 YEAR TERMS VERSUS PRESENTLY
INSTITUTED ONE AND 2 YEARS -- ISSUE TO
COME BACK FOR DISCUSSION AT NOVEMBER
MEETING.
51.
DISCUSSION CONCERNING A PROPOSAL ON THE
DISCUSSION
FEASIBILITY OF MIAMI SPORTS AND
10/8/92
EXHIBITION AUTHORITY ACQUIRING
OPERATIONAL RIGHTS OF OWNERSHIP TO
MELREESE GOLF COURSE.
52.
ALLOCATE $24,500 EACH TO: (a) VIRRICK
M 92-648
PARK, AND (b) DORSEY PARK -- FROM THE
10/8/92
PROFFERED TRUST FUND BALANCE OF
$49,000.
178-180
181-182
182-183
183-184
184-186
186-195
195-200
11-flow
2
3
AUTHORIZE ISSUANCE OF REQUEST FOR R 92-649
PROPOSALS (RFP) FOR UNIFIED DEVELOPMENT 10/8/92
PROJECT (UDP) TO REDEVELOP THE OLYMPIA
BUILDING FOR RESIDENTIAL AND ANCILLARY
RETAIL, RESTAURANT AND CULTURAL USE --
SELECT CERTIFIED PUBLIC ACCOUNTING FIRM
AND APPOINT MEMBERS TO A REVIEW
COMMITTEE -- COMMISSIONER PLUMMER
APPOINTS NATHAN ROCK TO BE ADDED TO THE
REVIEW COMMITTEE (See label 55).
54. WAIVE REQUIREMENTS FOR FORMAL SEALED R 92-650
BIDS, FOR FURNISHING SOFTWARE, SUPPORT 10/8/92
SERVICES AND TRAINING FOR CITY'S
ARCHITECTURAL / ENGINEERING COMPUTER
SYSTEM (FOR DEPARTMENT OF PUBLIC
WORKS) -- AUTHORIZE PURCHASE FROM SOLE -
SOURCE SUPPLIER: ACCUGRAPH CORPORATION.
55.
(Continued Discussion) CLARIFYING
DISCUSSION
COMMENTS BY COMMISSIONER PLUMMER
10/8/92
CONCERNING PRIOR APPOINTMENT OF NATHAN
ROCK TO THE REVIEW COMMITTEE FOR RFP /
UDP TO REDEVELOP THE OLYMPIA BUILDING
(See label 53).
56.
AUTHORIZE INCREASE ($10,000) IN
R 92-651
CONTRACT WITH GARCIA-ROSS CONSTRUCTION
10/8/92
COMPANY -- FOR WILLIAMS PARK
REDEVELOPMENT PROJECT B-2981 (CIP
331351).
57.
AUTHORIZE INCREASE ($40,000) IN
R 92-652
CONTRACT WITH MARKS BROTHERS, INC. --
10/8/92
FOR DOWNTOWN HIGHWAY IMPROVEMENT PHASE
II, BID "B" B-4521 (CIP 341115).
58.
COMMISSIONER PLUMMER INQUIRES OF THE
DISCUSSION
ADMINISTRATION REGARDING THE WATSON
10/8/92
BUILDING.
200-203
203-204
205
205-206
206-208
208-209
7 Q{
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69. (A) RATIFY MANGER'S FINDING OF SOLE R 92-663
SOURCE WAIVE COMPETITIVE SEALED DISCUSSION
BIDS -- APPROVE ACQUISITION OF ONE 10/8/92
"SCAT" MODEL 482E COMPOST WINDROW
TURNER FROM RAY PACE'S WASTE EQUIPMENT,
INC.
(8) STATEMENT BY MANUEL GONZALEZ-
GOENAGA CONCERNING REQUEST FOR
CLARIFICATION OF ALLEGED ROBBERY
INCIDENT INVOLVING PERSONAL ITEMS.
(C) CLARIFYING COMMENTS BY COMMISSIONER
DAWKINS CONCERNING MISUNDERSTANDING
WITH CARLOS GARCIA DURING MORNING
SESSION.
(D) MAYOR SUAREZ REQUESTS TO BORROW
FROM MANUEL GONZALEZ-GOENAGA A
BIOGRAPHY OF DON LUIS MUNOZ MARIN.
(E) COMMISSIONER PLUMMER FURTHER
CLARIFIES THERE WERE DEFINITELY NO
RACIAL OVERTONES IN STATEMENTS MADE BY
HIM AT THE LAST COMMISSION MEETING.
60. RATIFY MANAGER'S FINDING OF SOLE R 92-654
SOURCE -- WAIVE COMPETITIVE SEALED 10/8/92
BIDS -- APPROVE ACQUISITION OF ONE
LOADER RAKE WITH TOP CLAMPS FROM ACS
INDUSTRIES, INC. (FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION).
61. ACCEPT BID: J.J. SHANE, INC., FOR R 92-655
DINNER KEY MARINA RESTORATION - PHASE I 10/8/92
REHABILITATION OF PIERS #1, #2 AND #9
(COMMERCIAL) H-1002 (See label 63).
62. DISCUSSION CONCERNING CURRENT M 92-656
CONDITIONS OF DINNER KEY BOAT YARD AND 10/8/92
MARINA WITH RESPECT TO DAMAGE SUFFERED
DURING HURRICANE ANDREW -- DIRECT
MANAGER TO EXTEND DEADLINE FOR TWO
MONTHS IN CONNECTION WITH SUBMISSION OF
PROPOSALS FOR OPERATION OF DINNER KEY
BOAT YARD AND MARINA, THEREBY
EXTENDING, AS APPROPRIATE, ALL OTHER
CORRESPONDING DEADLINES -- DIRECT
MANAGER TO ADVERTISE CHANGE OF DATES
FOR RECEIPT OF RFP.
209-215
215-216
216-218
218-241
ar<
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63.
(A) (Continued Discussion) DISCUSSION
DISCUSSION
241-247
CONCERNING LIABILITY INCURRED BY THE
10/8/92
CITY DUE TO THE FACT THAT MANY MARINA
BOAT OWNERS DID NOT REMOVE THEIR BOATS
PRIOR TO THE HURRICANE -- COMMISSIONER
PLUMMER REQUESTS OF THE ADMINISTRATION
A MEMORANDUM EVERY FRIDAY MORNING, BY 9
O'CLOCK, ON THE STATUS OF THIS ISSUE --
COMMISSIONER DE YURRE URGES THAT STEPS
BE TAKEN TO ENSURE THAT THE CITY WILL
BE PROTECTED IN ANY FURTHER SIMILAR
INSTANCE (See label 61).
-
(B) COMMISSIONER DAWKINS REQUESTS
ADMINISTRATION TO TAKE EVERY POSSIBLE
STEP IN ORDER TO ASSIST CITY RESIDENTS
TO FILL OUT APPROPRIATE FORMS
(APPLICATIONS FOR ASSISTANCE) IN THE
AFTERMATH OF HURRICANE ANDREW.
64.
WAIVE COMPETITIVE SEALED BID PROCEDURES
R 92-657
248
FOR REPLACEMENT OF TILE AT ESTHER
10/8/92
ARMBRISTER PARK (FORMERLY GRAND AVENUE
PARK) PRIOR TO JUNE GOOMBAY
CELEBRATION -- RATIFY MANAGER'S FINDING
THAT A VALID PUBLIC EMERGENCY EXISTED;
PALLAIS CONSTRUCTION COMPANY AWARDED
BID.
65.
WAIVE CITY CODE PROHIBITION (SECTION 2-
R 92-658
249-250
302) AS IT APPLIES TO ARSENIO MILIAN
10/8/92
(PRESENTLY A MEMBER OF THE ZONING
BOARD) CONCERNING HIS PROVIDING
PROFESSIONAL ENGINEERING SERVICES FOR
ESTABLISHMENT OF A TELECOMMUNICATION
FEE SCHEDULE.
66.
GRANT REQUEST BY COCONUT GROVE CHAMBER
M 92-659
250-257
OF COMMERCE FOR INSTALLATION OF BRONZE
10/8/92
INLAY PLAQUES IN SIDEWALK ON MAIN
HIGHWAY IN CONNECTION WITH THE COCONUT
GROVE WALK OF FAME PROJECT, WITH
CONDITIONS.
67. (A) (Continued Discussion) ACCEPT BID: R 92-660 268-263
ASSOCIATES CONSTRUCTION CORP. -- FOR ORDINANCE
ST. HUGH OAKS VILLAGE HOUSING PROJECT 11009
B-6206. 10/8/92
(B) EMERGENCY ORDINANCE: AMEND
10938 -- DECREASE TOTAL APPROPRIATIONS
TO PROJECT: SCATTERED SITE AFFORDABLE
HOUSING DEVELOPMENT PROGRAM (CIP
321034 -- APPROPRIATE FUNDS AND
ESTABLISH NEW PROJECT: SAINT HUGH OAKS
VILLAGE HOUSING PROJECT (CIP 321040) --
TO DEVELOP 23 NEW SINGLE FAMILY HOMES
ON CITY -OWNED ST. HUGH OAKS PARCEL IN
COCONUT GROVE (See labels 8, 12 b 37).
68. (A) DENY REQUEST BY COCONUT GROVE M 92-661 264-271
CHAMBER OF COMMERCE TO SELL ALCOHOLIC M 92-662
BEVERAGES DURING ANNUAL HALLOWEEN 10/8/92
SCAVENGER HUNT EVENT.
(B) GRANT REQUEST BY COCONUT GROVE
CHAMBER OF COMMERCE FOR CLOSURE OF
DESIGNATED STREETS AND WAIVER OF
COCONUT GROVE SPECIAL EVENTS DISTRICT
REQUIREMENTS CONCERNING A SAFE STREETS
HALLOWEEN TRICK OR TREAT FOR KIDS
EVENT.
69. GRANT REQUEST BY SHORECREST HOMEOWNERS M 92-663 272-273
ASSOCIATION FOR DONATION OF A CITY 10/8/92
VEHICLE TO REPLACE A SHORECREST
NEIGHBORHOOD CRIME PATROL VEHICLE.
70. GRANT REQUEST BY REPRESENTATIVES OF THE M 92-664
INSTITUTE FOR INNOVATIVE INTERVENTIONS, 10/8/92
INC., TO USE CITY'S HOME FUNDS TO
PURCHASE PROPERTY IN BLACK GROVE' IN
CONNECTION WITH A PROPOSED HOUSING
COMPLEX FOR SINGLE MOTHERS WITH SMALL
CHILDREN (THE OASIS PROJECT).
71. GRANT REQUEST BY REPRESENTATIVES OF R 92-665
OPERATION SAVING EYES FOR CLOSURE OF 10/8/92
DESIGNATED STREETS CONCERNING ITS
SPECIAL MARATHON RACE "SAVE EYE 192".
72. (Continued Discussion) GRANT REQUEST BY R 92-666
REPRESENTATIVES OF CARIBBEAN AMERICAN 10/8/92
CARNIVAL FOR WAIVER OF CERTAIN
DESIGNATED FEES, SURCHARGE AND POSTING
OF PERFORMANCE BOND CONCERNING EIGHTH
ANNUAL CARIBBEAN AMERICAN CARNIVAL (See
label 33).
273-276
276-278
278-298
73. DIRECT CITY ATTORNEY, CITY MANAGER AND M 92-667
DESIGNATED STAFF TO WORK OUT A FORMULA 10/8/92
FOR OUTDOOR CAFE LICENSE FEES BASED ON
A PERCENTAGE OF GROSS REVENUES.
74.
PERSONAL APPEARANCE BY ROBERT D.
DISCUSSION
KLAUSNER, ESQ. IN CONNECTION WITH
10/8/92
ATTORNEY'S FEES RE STATE VS. OFFICER
ROBERT SADLIER -- BRIEFLY DISCUSSED AND
WITHDRAWN AT REQUEST OF APPLICANT.
75.
DISCUSSION CONCERNING CAMILLUS HOUSE --
M 92-668
APPROVE MEMORANDUM OF UNDERSTANDING
10/8/92
SETTING FORTH PROPOSED DEAL WITH
CAMILLUS HOUSE -- DIRECT MANAGER TO
NEGOTIATE TERMS OF AGREEMENT AND BRING
BACK WITH RECOMMENDATION FOR CITY
COMMISSION CONSIDERATION AT NOVEMBER
MEETING -- DIRECT MANAGER AND BROTHER
HARRY TO PREPARE A TIMETABLE FOR
COMPLETION OF PROJECT.
76.
(A) ACCEPT, IN PRINCIPLE, PROPOSAL BY
R 92-669
AT&T COMMUNICATIONS, INC., TO SPONSOR
R 92-670
THE AMPHITHEATER IN MILDRED AND CLAUDE
10/8/92
PEPPER BAYFRONT PARK AT A COST OF
$1,000,000, PAYABLE TO BAYFRONT PARK
MANAGEMENT TRUST, OVER 5-YEAR PERIOD.
(B) ACCEPT, IN PRINCIPLE, EXECUTION OF
AGREEMENT WITH RAY SINGERMAN -- TO
COMPENSATE HIM FOR SERVICES AS A
CONSULTANT.
77.
(A) DIRECT MANAGER TO APPROVE FUNDING:
R 92-671
(a) ECONOMIC DEVELOPMENT COMMUNITY
R 92-672
BASED ORGANIZATIONS, AND (b) COMMUNITY
10/8/92
DEVELOPMENT CORPORATIONS, INCLUDING
18TH YEAR CDBG FUNDING OF: (a) DEHOSTOS
SENIOR CENTER, INC., AND (b) KIDCO,
INC. -- AT A FUNDING LEVEL OF ONE -
TWELFTH OF BUDGETED AMOUNT.
(B) DIRECT MANAGER TO FUND THE GREATER
BISCAYNE BOULEVARD CHAMBER OF COMMERCE
(JULY THROUGH OCTOBER, 1992).
78.
PERSONAL APPEARANCE BY REPRESENTATIVES
DISCUSSION
OF MODEL HOUSING COOPERATIVE, INC. FOR
10/8/92
A GRANT TO CONVERT INTO COOPERATIVE
OWNERS THE TENANTS AT 118-1126 N.W. 5TH
STREET -- REFER TO MANAGER FOR
RECOMMENDATION AT THE OCTOBER 22ND
COMMISSION MEETING.
299-302
302-305
305-348
348-356
356-366
366-368
4
EpE
Yq.
79. DISCUSSION CONCERNING SERIOUS PROBLEMS DISCUSSION
OF CIVIL UNREST AT 7374 N.W. 74TH 10/8/92
AVENUE -ft COMMISSION DIRECTS
ADMINISTRATION TO TAKE IMMEDIATE
ACTION.
368-383
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 8th day of October, 1992, the City Commission of Miami, Florida,
met at its regular meeting place 1n the City Hall, 3600 Pan American Drive,
Miami, Florida in regular session.
The meeting was called to order at 9:12 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Cesar Odio, City Manager
Rafael Diaz, Assistant City Attorney
Matty Hirai, City Clerk
Mayor Xavier L. Suarez
A. Quinn Jones, III, City Attorney
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Vice Mayor Alonso and then Commissioner
Plummer led those present in a pledge of allegiance to the flag.
----------------------------------------------------------
NOTE FOR THE RECORD: At this point, agenda items 37, 45,
and 53 were withdrawn by memorandum from City Manager
Cesar Odio.
----------------------------------------------------------
----------------------------------------------------------
NOTE FOR THE RECORD: On a motion duly made by
Commissioner Dawkins and seconded by Commissioner De
Yurre, the minutes of Commission meetings of June 11, July
9 and 16, 1992, were approved by the Commission.
----------------------------------------------------------
Vice Mayor Alonso: Mayor Suarez is going to be a little bit late, about 9:30,
so we are going to start the session.
1 October 8, 1992
-------------t--war----r—.s.rw.ii---------------------------------------------- -+.. -- .
1. CONSENT AGENDA.
------------------------------------------------------------------------------
Vice Mayor Alonso: Now, the Consent Agenda. If anyone wishes to pull any
items...
Commissioner Plummer: There's a terminology you have to...
Vice Mayor Alonso: Yes, I will.
Commissioner Dawkins: Pull 2 for discussion.
Vice Mayor Alonso: Number 2.
Commissioner Dawkins: Number 5.
Commissioner Plummer: Slow down.
Vice Mayor Alonso: Two, five?
Commissioner Dawkins: Yes. And pull no so I... Pull 3 so I can vote no.
Vice Mayor Alonso: OK. And 3. Two, three and five. Is there anyone
present...
Commissioner Dawkins: No.
Vice Mayor Alonso: ...who is an objector or proponent that wishes to speak...
Commissioner Dawkins: Leave 3.
Vice Mayor Alonso: ...on any item?
Commissioner Dawkins: Leave 3 in, now.
Vice Mayor Alonso: Three?
Commissioner Dawkins: Madam Vice Mayor.
Vice Mayor Alonso: OK. ...that want to address in the Consent Agenda?
Hearing none...
Commissioner Plummer: Excuse me. Pull 1. Yes.
Vice Mayor Alonso: So, we have 1, 2 and 5. OK.
Commissioner Plummer: Correct.
Vice Mayor Alonso: So we have motion for the rest.
Commissioner Plummer: Other than that, approve the remainder.
2 October 8, 1992
Vice Mayor Alonso: Moved by Commissioner Plummer. Do we have a second?
Commissioner Dawkins: Second.
Vice Mayor Alonso: Second. Call the roll.
THEREUPON, MOTION DULY MADE BY COMMISSIONER PLUMMER
AND SECONDED BY VICE MAYOR ALONSO, THE CONSENT AGENDA
ITEMS WERE PASSED AND ADOPTED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor Be Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
1.1 AUTHORIZE AND PERMIT NARON AND NARON, PA TO CONSTRUCT / MAINTAIN A
PEDESTRIAN WALKWAY AWNING ACROSS THE ALLEY EAST OF AND PARALLEL TO S.W.
27TH AVENUE, BETWEEN SHELL LUMBER HARDWARE DEPARTMENT AND SHELL LUMBER
BUILDING MATERIAL DEPARTMENT, AT 2733 S.W. 27TH AVENUE, SUBJECT TO
CONDITIONS.
RESOLUTION NO. 92-613
A RESOLUTION AUTHORIZING AND PERMITTING NARON AND
NARON, P.A. ("NARON") TO CONSTRUCT AND MAINTAIN A
PEDESTRIAN WALKWAY AWNING (THE "AWNING") OVER AND
ACROSS THE ALLEY EAST OF AND PARALLEL TO SOUTHWEST
27TH AVENUE, BETWEEN THE SHELL LUMBER HARDWARE
DEPARTMENT AND THE SHELL LUMBER BUILDING MATERIAL
DEPARTMENT, LOCATED AT 2733 SOUTHWEST 27TH AVENUE,
MIAMI, FLORIDA, APPROXIMATELY 110 FEET NORTH OF
SOUTHWEST 28TH LANE, WITH A MINIMUM CLEARANCE OF 16.0
FEET ABOVE THE SURFACE OF THE ALLEY, CONDITIONED UPON
THE APPLICANT EXECUTING A COVENANT TO INDEMNIFY IN
FAVOR OF THE CITY; PROVIDING FOR A PROCEDURE FOR THE
REMOVAL OF THE AWNING UPON FAILURE OF NARON TO
MAINTAIN IT; AND FURTHER PROVIDING FOR REQUIREMENTS
PERTAINING TO THE PLANS FOR THE CONSTRUCTION OF THE
AWNING.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
3
October 8, 1992
r
1.2 ESTABLISH SPECIAL CHARGES / TERMS / CONDITIONS FOR USE OF PORTION OF
ORANGE BOWL STADIUM BY MIAMI MUNDIAL SPORTS GROUP, INC., FOR
PRESENTATION OF SERIES OF SOCCER GAMES.
RESOLUTION NO. 92-614
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL
CHARGES, TERMS AND CONDITIONS FOR THE USE OF A PORTION
OF THE ORANGE BOWL STADIUM BY MIAMI MUNDIAL SPORTS
GROUP, INC., FOR THE PRESENTATION OF A SERIES OF
SOCCER GAMES ON SELECTED DATES DURING THE PERIOD
OCTOBER 10, 1992 THROUGH NOVEMBER 99 1993; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY
OF MIAMI AND SAID ORGANIZATION FOR THIS PURPOSE; AND
SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO
PROTECT THE CITY IN AN 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.)
1.3 RATIFY MANAGER'S ACTION IN ACCEPTING DONATION OF: (a) $7,000 FROM MIAMI
SPORTS AND EXHIBITION AUTHORITY; (b) $4,000 FROM GREATER MIAMI HOST
COMMITTEE; AND (c) $5,000 FROM SKIP SHEPARD AND THE DUPONT PLAZA
HOTEL -- FOR REPLACEMENT OF TILE AND CARPETING AT ORANGE BOWL STADIUM.
RESOLUTION NO. 92-615
A RESOLUTION RATIFYING THE ACTION OF THE CITY MANAGER
IN ACCEPTING THE DONATION OF $7,000 FROM THE MIAMI
SPORTS AND EXHIBITION AUTHORITY ("AUTHORITY"), $4,000
FROM THE GREATER MIAMI HOST COMMITTEE ("HOST
COMMITTEE"), AND $5,000 FROM SKIP SHEPARD AND THE
DUPONT PLAZA HOTEL ("DUPONT PLAZA") FOR THE
REPLACEMENT OF TILE AND CARPETING AT THE ORANGE BOWL
STADIUM ("STADIUM").
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
1.4 AMEND RESOLUTION 92-383, THEREBY CHANGING DATE OF SICKLE CELL ANEMIA
WALK-A-THON TO BE CONDUCTED BY BADE COUNTY SICKLE CELL FOUNDATION, INC.
RESOLUTION NO. 92-616
A RESOLUTION AMENDING RESOLUTION NO. 92-383, ADOPTED
JUNE 11, 1992, RELATED TO THE SICKLE CELL ANEMIA WALK-
A-THON TO BE CONDUCTED BY THE DADE COUNTY SICKLE CELL
FOUNDATION, INC. THEREBY CHANGING THE DATE OF SAID
WALK-A-THON FROM SEPTEMBER 24, 1992 TO OCTOBER 31,
1992.
4 October 8, 1992
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Vice Mayor Alonso: OK.
Commissioner Plummer: Madam Vice Mayor?
Vice Mayor Alonso: Yes.
Commissioner Plummer: I think we need to make this matter legal.
Vice Mayor Alonso: Which one?
Commissioner Plummer: The last. The Mayor or the Clerk state the following,
before the vote...
Vice Mayor Alonso: I did. I read it.
Commissioner Plummer: You read it?
Vice Mayor Alonso: Yeah.
Commissioner Plummer: I didn't hear you.
Vice Mayor Alonso: Yes, I did.
Commissioner Plummer: OK.
Vice Mayor Alonso: For the consent agenda, if anyone wishes to speak...
Commissioner Plummer: OK.
Vice Mayor Alonso: ...on any item. Yes.
2. APPROVE PURCHASE: COMPUTERIZED PHOTOGRAPHIC MINI -LAB -- ALLOCATE FUNDS
FROM LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001.
Vice Mayor Alonso: CA-1.
Commissioner Plummer: Mr. City Manager, in reference to CA-1, this is an
expensive piece of equipment. Do I have the assurance that this piece of
equipment will be used for all City utilization of photographic equipment?
Mr. Cesar Odio (City Manager): We sell photographs there.
Commissioner Plummer: No. Excuse me, sir.
Mr. Odin: What?
a
;t
5
October 8, 1992
SS
Commissioner Plummer: We know that the City has a photographer who 1s usually
here.
Mr. Odio: Right.
Commissioner Plummer: We know that the Fire Department has their Arson
Investigators,
Mr. Odio: Oh, I see what you mean. Yeah, we...
Commissioner Plummer: And the Police Department have civilian ID. Now, am I
to understand that near $80,000 piece of equipment will be utilized by all of
these entities and not have separate machines for everybody?
Mr. Odio: Yeah.
Commissioner Plummer: And the savings of money?
Mr. Odio: Yes.
Commissioner Plummer: OK. That's all. Thank you.
Commissioner Dawkins: I...
Commissioner Plummer: I move Item 1.
Commissioner Dawkins: OK.
Vice Mayor Alonso: OK. Do we...
Commissioner Dawkins: I second but...
Vice Mayor Alonso: Any further...
Commissioner Dawkins: Under discussion.
Vice Mayor Alonso: All right. Commissioner Dawkins.
Commissioner Dawkins: Why is it in the body it says, "sales of photographs
have generated revenue in excess of $100,000." Why is it that this has made
$100,000 but yet you're coming back to get $76,000 to buy it.
Assistant Chief Don March: Well, it's just a... a normal... You know, when
revenues come in that goes into the general fund.
Commissioner Dawkins: Well, why not take them out of the general fund and buy
this. I mean... No, no. Wait now. I want to be sure you and I are on the
same wavelength. If you take money and put it in a kitty bank, the money
stays in the kitty bank until you take 1t out. So, if it made $100,000 and
you put $100,000 in the kitty bank, why don't you take it out of the kitty
bank and spend $76,000 and leave 30... leave $28,000 still in the kitty bank,
to make another $100,000 to add to the $28,000.
6 October 8, 1992
Commissioner Dawkins: I hear you. OK?
Lt. Longueira: Right.
Commissioner Dawkins: Why isn't the expenditure made from the general fund
since you have put $100,000 into the general fund?
Mr. Cesar Odio (City Manager): Well, Commissioner, this money is coming from
the Law Enforcement Trust Fund which is free monies. So, in fact, what
they're saying is they're making a profit to the City of $100,000 to the
general fund. In other words, this money we're buying this equipment for is
free money to us because it's drug monies. So, we're paying it with free
monies and making... On top of that, we're making $100,000 profit.
Commissioner Dawkins: Where, in what object code, is the $100,000 placed in
the general fund? So that if I need $100,000 to do something, I know that
there's $100,000 available from money that's made with this machine that was
purchased with soft money that made hard money.
Mr. Carlos Garcia: What...
Assistant Chief March: It's sale of photographs.
Lt. Joseph Longueira: It's sale of photographs. It goes in the general fund
budget.
Mr. Garcia: OK. Right.
Lt. Longueira: And it balances the budget.
Mr. Garcia: Yeah.
Lt. Longueira: It's not available money.
Vice Mayor Alonso: Would you answer to the Commissioner, please?
Mr. Garcia: Yeah. If we get that revenue from the sale of photographs, it
goes into the general fund. As far as any other revenues the general fund may
have, like taxes, or, you know, property taxes, or any other revenues.
Commissioner Dawkins: All right. You are the gentleman who is charged with
monitoring expenditures in the City of Miami. You, since they brought you up
here, explain to me in plain, layman language, what the benefit is of using
soft money to buy a machine that made hard money and you're using the soft
money. Why are you doing it? No, no. See, I'm not going to... See, you all
keep switching around. Now, either somebody up here answer the question, all
of one, or...
Mr. Garcia: I wasn't here.
7
October 8, 1992
Commissioner Dawkins: ...or you all,.. Because you see, you all keep mixing
the apples and oranges. I get one answer from one guy and one answer from
another guy. And it's not working out.
Vice Mayor Alonso: Yeah, what is important is you people put your act
together...
Commissioner Dawkins: Yes.
Vice Mayor Alonso: ...and respond to Mr. Dawkins.
Commissioner Dawkins: That's all right.
Vice Mayor Alonso: Give an answer.
Commissioner Dawkins: That's all right. We'll pass it.
Vice Mayor Alonso: One of you. But, please respond to the questions.
Mr. Garcia: Well, Commissioners...
Commissioner Dawkins: We'll pass it.
Mr. Garcia: I was not here in the meeting.
discussion 100 percent.
Commissioner Dawkins: We will pass it.
Mr. Garcia: So, you know...
Commissioner Dawkins: We will pass it.
Mr. Garcia: The Chief has the answer on that.
I'm not sure of what we're
Commissioner Dawkins: The Chief should have given the damn answer at first.
I don't need an answer. We will pass it and I'm going to wait for you guys
with another one, later on in the day. I'm not worried. I vote... No
further discussion, Madam.
Vice Mayor Alonso: OK. We have a motion and a second.
Assistant Chief March: Thank you.
Vice Mayor Alonso: Would you call the roil, please?
3
October 8, 1992
RESOLUTION NO. 92-617
A RESOLUTION AUTHORIZING THE PURCHASE OF A
COMPUTERIZED PHOTOGRAPHIC MINI -LAB, AND ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $76,020,
FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO.
690001, INDEX CODE 029002-247, SUCH EXPENDITURE HAVING
BEEN APPROVED BY THE CHIEF OF POLICE AND BEING SUBJECT
TO APPLICABLE CITY CODE PROCUREMENT PROVISIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Mayor Xavier L. Suarez
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Yes, I guess.
3. AUTHORIZE MANAGER TO MAKE OFFER / EXECUTE AGREEMENT WITH PROPERTY OWNERS
FOR ACQUISITION OF THREE PARCELS AT BISCAYNE BOULEVARD AND N.E. 5TH
AVENUE BETWEEN N.E. 62ND AND 63RD STREETS, IN EDISON / LITTLE RIVER
COMMUNITY DEVELOPMENT TARGET AREA -- TO BE USED FOR DEVELOPMENT OF LOW /
MODERATE INCOME HOUSING -- ALLOCATE FUNDS FROM LOTH YEAR CDBG PROGRAM.
Commissioner Dawkins: Madam...
Vice Mayor Alonso: Yes, CA-2.
Commissioner Dawkins: Madam...
Vice Mayor Alonso: Yes, Commissioner Dawkins.
Commissioner Dawkins: Before we go any farther. We are graced this morning
with the presence of one of our State legislators. Would you stand, Mr. Ross?
Thank you. Thank you for coming.
9 October 8, 1992
Vice Mayor Alonso: It's good to have you around. CA-2.
Commissioner Dawkins: Who pulled two, me?
Vice Mayor Alonso: It was Commissioner...
Commissioner Plummer: Miller pulled it.
Vice Mayor Alonso: ...Dawkins.
Commissioner Dawkins: No, not two. I pulled five... I pulled three.
Vice Mayor Alonso: One, two and five. Or it was Commissioner Plummer?
Commissioner Dawkins: Yeah.
Commissioner Plummer: No. I...
Vice Mayor Alonso: You did not?
Commissioner Plummer: No.
Vice Mayor Alonso: Well, certainly it was pulled before.
Commissioner Dawkins: Well, I pulled one, three and seven.
Vice Mayor Alonso: OK. So we...
Commissioner Dawkins: I mean five. One, three and five.
Vice Mayor Alonso: We certainly pulled that one. OK. Then, would you move,
please?
Commissioner Dawkins: Number three. I move three in order to vote no.
Vice Mayor Alonso: Two, two.
Mr. Cesar Odio (City Manager): Commissioner Dawkins you said... No.
Vice Mayor Alonso: Two.
Commissioner Dawkins: No, I didn't pull... Two is OK with me.
Vice Mayor Alonso: CA-2, do we have a motion?
Commissioner Plummer: Yeah, I... Fine.
Vice Mayor Alonso: OK. Do we have a second?
Commissioner Dawkins: Second.
Vice Mayor Alonso: OK. Call the roll, please.
10
October 8, 1992
--
Commissioner Plummer: I need to talk with you.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-618
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO MAKE AN OFFER AND EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE PROPERTY
OWNERS FOR ACQUISITION OF THREE PARCELS SITUATED AT
BISCAYNE BOULEVARD AND NORTHEAST 5TH AVENUE BETWEEN
NORTHEAST 62ND AND 63RD STREETS IN THE EDISON/LITTLE
RIVER COMMUNITY DEVELOPMENT TARGET AREA, AND WHICH IS
MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE
ATTACHED EXHIBITS "A" AND "B", TO BE USED FOR THE
DEVELOPMENT OF LOW/MODERATE INCOME HOUSING; ALLOCATING
FUNDS THEREFOR IN A TOTAL AMOUNT OF $56,750 FROM THE
LOTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
UNDER THE BISCAYNE BOULEVARD/N.E. 62ND STREET LAND
ACQUISITION PROGRAM, PROJECT NUMBER 701501, INDEX CODE
451072, FOR ACQUISITION OF THE SUBJECT PROPERTIES; AND
AUTHORIZING THE CITY ATTORNEY TO PROCEED TO CLOSE ON
THE SUBJECT PARCELS AFTER EXAMINATION OF THE ABSTRACTS
AND CONFIRMATION OF OPINION OF TITLE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Mayor Xavier L. Suarez
11 October 8, 1992
......--------------------..-..- ----•---------..- --
4. AUTHORIZE AND PERMIT RAILWAY CLERKS TITLE HOLDING COMPANY AND THE SCHOOL
BOARD OF DADE COUNTY TO CONSTRUCT / MAINTAIN TWO PEDESTRIAN OVERPASSES
AND WALKWAYS OVER AND ACROSS: (a) N.E. 2ND AVENUE NORTH OF N.E. 15TH
STREET BETWEEN THE JEFFERSON PARKING GARAGE AND THE JEFFERSON BUILDING;
AND (b) N.E. 15TH STREET WEST OF N.E. 2ND AVENUE BETWEEN THE SCHOOL
BOARD ADMINISTRATION BUILDING AND THE JEFFERSON PARKING GARAGE, SUBJECT
TO CONDITIONS.
------------------------------------------------------------------------------
Commissioner Dawkins: I move three in order to vote no.
Commissioner De Yurre: Second.
Vice Mayor Alonso: CA-3?
Commissioner Plummer: Moved. Second.
Vice Mayor Alonso: Call the roll, please.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-619
A RESOLUTION AUTHORIZING AND PERMITTING RAILWAY CLERKS
TITLE HOLDING COMPANY ("RCTHC") AND THE SCHOOL BOARD
OF DADE COUNTY, FLORIDA (the "SCHOOL BOARD"), TO
CONSTRUCT AND MAINTAIN TWO PEDESTRIAN OVERPASSES AND
WALKWAYS OVER AND ACROSS NORTHEAST 2ND AVENUE,
APPROXIMATELY 80 FEET NORTH OF NORTHEAST 15 STREET
BETWEEN THE JEFFERSON PARKING GARAGE AND THE JEFFERSON
BUILDING WITH A MINIMUM CLEARANCE OF 20 FEET ABOVE THE
SURFACE OF NORTHEAST 2ND AVENUE AND OVER AND ACROSS
NORTHEAST 15TH STREET, APPROXIMATELY 170 FEET WEST OF
NORTHEAST 2ND AVENUE BETWEEN THE SCHOOL BOARD
ADMINISTRATION BUILDING AND THE JEFFERSON PARKING
GARAGE WITH A MINIMUM CLEARANCE OF 40 FEET ABOVE THE
SURFACE OF NORTHEAST 15TH STREET, CONDITIONED UPON THE
RCTHC AND THE SCHOOL BOARD EXECUTING A COVENANT TO
INDEMNIFY IN FAVOR OF THE CITY; PROVIDING FOR A
PROCEDURE FOR THE REMOVAL OF THE OVERPASSES AND
WALKWAYS UPON FAILURE OF THE RCTHC AND/OR THE SCHOOL
BOARD TO MAINTAIN THEM; FURTHER PROVIDING FOR
REQUIREMENTS PERTAINING TO THE PLANS FOR THE
CONSTRUCTION OF THE OVERPASSES AND WALKWAYS.
(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:
12 October 8, 1992
nil
#I.
AYES., Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Mayor Xavier L. Suarez
------------------------------------------------------------------------------
5. AUTHORIZE INCREASE IN FUNDS PREVIOUSLY AUTHORIZED FOR PAYMENT BY CITY
ATTORNEY TO: (a) PETER J. HURTGEN, ESQ., (OF MORGAN, LEWIS AND
BROCKIUS) -- FOR LEGAL REPRESENTATION OF FORMER FIRE CHIEF COLONEL H.
DUKE (CASE NO. 88-2033-CIV-KEHOE); AND (b) CRAIG J. FREGER, ESQ. (OF
COFFEY, ARAGON, MARTIN AND BURLINGTON) -- FOR LEGAL REPRESENTATION OF
FORMER FIRE CHIEF KENNETH C. McCULLOUGH -- ALLOCATE FUNDS FROM SELF-
INSURANCE AND INSURANCE TRUST FUND.
------------------------------------------------------------------------------
NOTE FOR THE RECORD: A. Quinn Jones III, City
Attorney, entere he meeting at 9:20 a.m.)
Vice Mayor Alonso: CA-5.
Commissioner Dawkins: Five? Somebody explain to me the logic in what we are
doing.
A. Quinn Jones III, Esq. (City Attorney): CA-5. Commissioner Dawkins,
approximately a year and a half ago, this Commission approved outside counsel
for former fire chiefs, McCullough and Duke. My predecessor made a
determination at that time that there was a conflict of interests for the City
Attorney's Office to represent these two individuals. Of course, you may
recall that this is a lawsuit which involves, or was brought by the
Professional Black Fire Fighters Association and it's been declared a class
action for those that are similarly situated, in which they allege
discriminatory practices on behalf of the City and the named fire chiefs,
including the City Manager, for practices within the Fire Department. Peter
Hurtgen has represented Chief Duke in this matter now for approximately a year
and a half. The Commission approved previously, I believe, $25,000. That
amount has been expended to date. The Commission further approved Beverly
Parker to represent Chief McCullough. She has now moved her practice to
Jacksonville and has withdrawn from representation. We proposed Craig Freger
represent, or continued representation of former Fire Chief McCullough at the
same rate, under the same terms and conditions, until this matter is
concluded.
Commissioner Dawkins: The lady who moved to Jacksonville, we paid her
$25,000?
13 October 8, 1992
Mr. Jones: That's correct.
Commissioner Dawkins: All right. Now we're getting ready to pay another
$25,000 to another individual who is coming on board to take her place..* to
take that firm's place?
Mr. Jones: Well, this is up to..# approving up to $25,000. This case...
Tina, is this case set for trial yet? It hasn't been set for trial yet but I
can tell you that most of the discovery and everything else has been
completed. So it should be coming to trial pretty soon.
Commissioner Dawkins: OK. I have a problem with this and the reason I have a
problem with it is, it's the black fireman suing for discrimination. The City
of Miami continues to spend money to defend the case against the black fireman
and the City of Miami continues to provide the funding to fight the case. The
individuals fighting the case have to reach into their own pockets to support
fighting of the case. Now, if the City of Miami is able to continue to fund
the defense, eventually the people fighting the case will have to drop out
because they will run out of money. Now, what do I have to do up here to pass
word to the City Attorney's Office that this is the last money that the City
of Miami should be spending to solve a case that's a year and a half old?
That should have been solved, in my opinion.
Mr. Jones: Commissioner, the only way I can answer you is simply that the
case has to be defended, whether you... whether the City pays these
particular attorneys or not, please keep in mind that whether the City
prevails - because this is a 1983 Civil Rights action - the prevailing party
is entitled to recoup attorney's fees. So, in this instance, if the City
prevails, the City would be entitled to recoup attorney's fees and costs
expended to date. Likewise, if the Plaintiff class prevails, they will be
entitled to recoup attorney's fees and costs - reasonable attorney's fees and
costs - which are approved by the Court. Again, I can only tell you that we
were placed in a position where it would have been a conflict because there
are some serious allegations indeed, in terms of whether in fact the City
condoned the practices, including these two prior... previous fire chiefs,
whether in fact they condoned the actions that were taking place within the
Fire Department. And certainly, our office could not be placed in a position
of advocating a defense on behalf of the City, which was in fact that we did
nothing wrong, and at the same time represent both Chiefs McCullough and Duke,
advocating a defense on their part. So, I hear what you're saying loud and
clear. I can only tell you that this office has no control over that and I've
tried to minimize, as I've indicated to this Commission before, the use of
outside counsel. And certainly, I think the record would bear out the fact
that perhaps for the first time in I don't know how many years, the use of
outside counsel is at an all time low. And only, only in those instances
where I deem as City Attorney, that there is a conflict of interest, or
there's a particular action that requires specialized services, will outside
counsel be requested for your approval.
Commissioner Dawkins: That... But my question is, and I'll ask it again, Mr.
Jones. What is the legal method for attempting to expedite this case? That's
what I need to know.
Mr. Jones: OK.
14 October 8, 1992
Commissioner Dawkins: I don't care about outside, inside counsel. That's not
my problem.
Mr. Jones: Let me answer you, Commissioner. In terms of expediting the case,
I can only tell you that unlike the Circuit Court case this is a Federal Court
Case. Federal judges control their own calendar. The time parameters within
which it will come to trial, I can only ask... I can only tell you that we
will attempt to get the judge to move the case along but, certainly, it's
within his...
Commissioner Dawkins: OK. Report back to me at the regular Commission
meeting in November what the judge said about expediting this, please.
Mr. Jones: Yes, sir.
Commissioner Dawkins: Thank you.
Vice Mayor Alonso: OK. We need a motion for CA-5. Do we have a second?
Commissioner Plummer: Second.
Vice Mayor Alonso: OK. Call the roll please.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-620
A RESOLUTION AUTHORIZING AN INCREASE IN THE AMOUNT OF
FUNDS PREVIOUSLY AUTHORIZED FOR PAYMENT BY THE CITY
ATTORNEY TO PETER J. HURTGEN, ESQ., OF THE LAW FIRM OF
MORGAN, LEWIS AND BOCKIUS, BY AN AMOUNT NOT TO EXCEED
$259000 AT AN HOURLY RATE OF $150 FOR SERVICES
RENDERED IN THE LEGAL REPRESENTATION OF FORMER FIRE
CHIEF COLONEL H. DUKE IN BOYKIN, ET AL. V. CITY OF
MIAMI ET AL., CASE NO: -- I - EH E; F RTHER
AUTHORIZING THE CITY ATTORNEY TO PAY CRAIG J. FREGER,
ESQ., OF THE LAW FIRM OF COFFEY, ARAGON, MARTIN AND
BURLINGTON, P.A., AN AMOUNT NOT TO EXCEED $25,000 AT
AN HOURLY RATE OF $150 FOR SERVICES RENDERED AS
SUBSTITUTE COUNSEL IN THE LEGAL REPRESENTATION OF
FORMER FIRE CHIEF KENNETH C. MCCULLOUGH IN BOYKIN ET
AL. V. CITY OF MIAMI ET AL., CASE NO: 88- - IV-
KE E; ALLOCATING FUND HEREFOR FOR SAID PAYMENT FROM
THE SELF-INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
15 October 8, 1992
rllralr
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: Commissioner Miller J. Dawkins
ABSENT: Mayor Xavier L. Suarez
----------------------------------------------------------
NOTE FOR THE
RECORD:
At
9:25 a.m., Assistant CityClerk
alter Foeman
----------------------------------------------------------
en eyed
the
meeting.
------------------------------------------------------------------------------
6. EMERGENCY RESOLUTION: DECLARE ALL CITY OF MIAMI EMPLOYEES WHO WERE
CALLED TO ACTIVE STATE DUTY IN THE FLORIDA NATIONAL GUARD PURSUANT TO
EXECUTIVE ORDERS SIGNED BY THE GOVERNOR SHALL RECEIVE PAY, RETROACTIVE
TO AUGUST 23, 1992, IN AN AMOUNT NECESSARY TO BRING THEIR TOTAL SALARY,
INCLUSIVE OF BASE MILITARY PAY, TO THE LEVEL OF SALARY EARNED AT THE
TIME THEY WERE CALLED TO ACTIVE DUTY TO SUPPORT LOCAL AUTHORITIES DURING
THE EMERGENCY CREATED BY HURRICANE ANDREW.
------------------------------------------------------------------------------
Vice Mayor Alonso: Now we go to the regular agenda, second reading...
Commissioner Plummer: Madam City... Madam Vice Mayor, if I may, a pocket
item that's been brought by the Administration.
Vice Mayor Alonso: OK, Commissioner Plummer.
[AT THIS POINT, COMMISSIONER PLUMMER READ EMERGENCY RESOLUTION INTO THE
RECORD.]
Commissioner Plummer: I so move.
Vice Mayor Alonso:
the roll, please.
Moved. Moved and seconded. Any further discussion? Call
16 October 8, 1992
5 �L
}
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-621
AN EMERGENCY RESOLUTION OF THE MIAMI CITY COMMISSION
DECLARING THAT ALL CITY OF MIAMI EMPLOYEES WHO WERE
CALLED TO ACTIVE STATE DUTY IN THE FLORIDA NATIONAL
GUARD PURSUANT TO EXECUTIVE ORDER NUMBER 92-220-E AND
EXECUTIVE ORDER NUMBER 92-241 SIGNED BY THE GOVERNOR
OF THE STATE OF FLORIDA ON AUGUST 23, 1992 AND
SEPTEMBER 10, 1992 RESPECTIVELY SHALL RECEIVE PAY,
RETROACTIVE TO AUGUST 23, 1992, IN AN AMOUNT NECESSARY
TO BRING THEIR TOTAL SALARY, INCLUSIVE OF THEIR BASE
MILITARY PAY, TO THE LEVEL OF SALARY EARNED AT THE
TIME THEY WERE CALLED TO SUCH ACTIVE STATE DUTY TO
SUPPORT CIVIL AUTHORITIES DURING THE EMERGENCY CREATED
BY HURRICANE ANDREW WITH FUNDS FOR SUCH EXPENDITURE
BEING ALLOCATED FROM PREVIOUSLY APPROPRIATED SALARY
AND SALARY SURPLUS FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Mayor Xavier L. Suarez
7. AUTHORIZE MANAGER TO APPLY FOR A COMMUNITY DISASTER LOAN OF $5,000,000
FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
Commissioner Dawkins: OK. Miss...
Commissioner Plummer: Another pocket item by the Administration. [AT THIS
POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE RECORD.] I so move.
Vice Mayor Alonso: Moved.
Commissioner De Yurre: Second.
Vice Mayor Alonso: Seconded by Commissioner De Yurre. Call the roll, please.
17 October 8, 1992
Commissioner Dawkins: Pass them out.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-622
A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR
A COMMUNITY DISASTER LOAN FROM THE FEDERAL MANAGEMENT
AGENCY IN AN AMOUNT NOT TO EXCEED $5,000,000.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Mayor Xavier L. Suarez
Commissioner Plummer: That's all the Administration has sent over.
------------------------------------------------------------------------------
8. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF ST. HUGH OAKS VILLAGE
HOUSING PROJECT B-6206 (See labels 12, 37 & 67).
------------------------------------------------------------------------------
Vice Mayor Alonso: OK.
Commissioner Dawkins: I have...
Vice Mayor Alonso: Do you have a pocket item?
Commissioner Dawkins: Yes, ma'am. I have five from the Commission. I mean
from the Administration. Number one is approving the St. Hugh Oaks property.
You know, Madam Vice Mayor, for...
Vice Mayor Alonso: Yes.
Commissioner Dawkins: ...five years we've been saying we're going to build
affordable housing, build affordable housing. And every time we get to a
point, something seems to happen. Mr. Manager?
Mr. Cesar Odio (City Manager): Yes, sir.
18 October 8, 1992
Commissioner Dawkins: Is the money available to construct these single family
homes at St. Hugh?
Mr. Odio: I understand that most of the money is, Commissioner. I need to...
Commissioner Dawkins: What do you mean by most?
Mr. Odio: That's why I wanted to... If I may, I can get Herb Bailey down
here for a minute. He was dealing with this.
Commissioner Dawkins: All right. Well, I'll hold this one. I'll hold this
one until he gets down here.
Vice Mayor Alonso: OK. So we move...
9. AUTHORIZE PURCHASE OF A FLATBED TRUCK (FROM EXISTING STATE OF FLORIDA
DEPARTMENT CONTRACT NO. 070-700-200-8D) FROM ATLANTIC FORD TRUCK
SALES -- FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID
WASTE -- ALLOCATE FUNDS FROM RECYCLING PROGRAM PROJECT NO. 197004.
------------------------------------------------------------------------------
Commission:=r Dawkins: All right. Now, I have three...
Commissioner Plummer: The what? Oh, fine.
Commissioner Dawkins: ...resolutions from the Solid Waste Department and we
have money that could be extended from the Recycling Program and I'd like to
move three resolutions here that we need to pass today so that we can spend
the money before the grant runs out. And the first one is... [AT THIS POINT,
COMMISSIONER DAWKINS READ THE RESOLUTION INTO THE RECORD.]
Commissioner Plummer: Second the motion.
NOTE FOR THE RECORD: Mayor Suarez entered the meeting
at 1 a.m.
Mr. Odio: You've got the appropriation ordinance?
Vice Mayor Alonso: The Mayor is back.
Mayor Suarez: Moved and seconded. Any discussion? This is the section of
the agenda devoted to Commissioner Dawkins by any chance?
Commissioner Dawkins: Yes.
Vice Mayor Alonso: Yes.
Mayor Suarez: That's where I've landed.
19 October 8, 1992
,
s
a
Vice Mayor Alonso: We already completed Commissioner Plummer's portion of the
agenda.
Mayor Suarez: Call the roll.
Mr. Bailey: I know it. I gave it to him.
Vice Mayor Alonso: All of the pocket items.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-623
A RESOLUTION AUTHORIZING THE PURCHASE OF A FLATBED
TRUCK FROM AN EXISTING STATE OF FLORIDA DEPARTMENT
CONTRACT NO. 070-700-200-8D FROM ATLANTIC FORD TRUCK
SALES, AT A PROPOSED .AMOUNT OF $35,745.00, 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.)
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.
T
October 8, 1992
LJ
-..------------- rr--------.-------r-.r:.---r------- -------.. --------------- `.- -----
10. ACCEPT BID: OLD DOMINION COMPANY, FOR FURNISHING A VACUUM LEAF
LOADER FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID
WASTE -- ALLOCATE FUNDS FROM SOLID WASTE REDUCTION RECYCLING AND
EDUCATION GRAND FUND, PROJECT NO. 197004.
Commissioner Dawkins: Another one, accepting the bid of Old Dominican Company
for the furnishing of a vacuum leaf loader in a proposed amount of $180750.
Commissioner Plummer: Second the motion.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-624
A RESOLUTION ACCEPTING THE BIDS OF OLD DOMINION
COMPANY, FOR THE FURNISHING OF A VACUUM LEAF LOADER AT
A PROPOSED AMOUNT OF $18,750.00 FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE;
ALLOCATING FUNDS THEREFOR FROM THE FY '91-'92 SOLID
WASTE REDUCTION RECYCLING AND EDUCATION GRANT FUND,
PROJECT NO. 197004, ACCOUNT CODE NO. 421302-840;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
21
October 8, 1992
--------....-/---Y---1------Lim------------`Y------------------------------- --------
11. ACCEPT DID: RAY FACE'S WASTE EQUIPMENT COMPANY, INC.$ FOR FURNISHING A
HEAVY DUTY SCREENING MACHINE FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE -- ALLOCATE FUNDS FROM SOLID WASTE
REDUCTION, PROJECT NO. 197004.
---------------------------------------------------------------------------_--
Commissioner Dawkins: A resolution accepting the bid of Ray Pace Waste
Equipment Company for the furnishing of a heavy-duty screening motion, at a...
for $62,627.50.
Commissioner Plummer: Second the motion.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-625
A RESOLUTION ACCEPTING THE BID OF RAY PACE'S WASTE
EQUIPMENT COMPANY, INC. FOR THE FURNISHING OF A HEAVY
DUTY SCREENING MACHINE AT A PROPOSED AMOUNT OF
$62,627.50 FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE; ALLOCATING FUNDS
THEREFOR FROM THE FY '91-'92 SOLID WASTE REDUCTION,
NO. 197004, ACCOUNT CODE NO. 421302-840; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
22 October 8, 1992
<j
t
iiiiYlii f$aaY+WYJii Ai aiY ii Yatli Yi ii fia �L Tali Yi ii ii ifi iY iS. iiii.liYYiY alr Yi iiii ---------------------aii----------it--ai.
12. (Continued Discussion) CONCERNING ST. HUGH OAKS VILLAGE HOUSING PROJECT
B-6206 -= MOMENTARILY TABLED (See labels 8, 37 6 67).
-------------- ---- ,..-......_-...i----_-_ -___---_-_-------------------i----------
Commissioner Dawkins: And the last one, Mr. Mayor, is this St, Hugh Oaks
Village. You know, we've been promising people affordable housing for I don't
know how long and every time I look up we get to the place where we're ready
to break ground and something happens. And I'm sure it's going to take more
money than this, Mr. Mayor, once we have to meet the new regulations set up by
the County for the roofing and what have you. This is going to add to the
cost.
Commissioner Plummer: Do we have anything on it? I don't have...
Commissioner Dawkins: So, is there money available, Mr. Manager, for this?
Mr. Cesar Odio (City Manager): Yes, there is.
Commissioner Plummer: I don't have anything on it.
Commissioner Dawkins: All right. Well, hold it.
what I have here as a pocket item.
Mr. Herb Bailey (Assistant City Manager):
copies.
Is there any... What...
Wait. Hold it. Prepare
Their copies. That's just the
Commissioner Dawkins: Give it to each one of the Commissioners.
Mr. Bailey: Yeah.
Commissioner Dawkins: And I will ring it up again after lunch for a pocket
Item.
Mr. Odio: OK.
Commissioner Plummer: Fine.
Mayor Suarez: Let's take it up in the afternoon.
Commissioner Dawkins: OK. That's right.
Mayor Suarez: All right?
Mayor Suarez: Yeah.
Commissioner Plummer: Fine and dandy.
23 October 8, 1992
yI.
S
G
YYi-----------YYrYdr---Yti------------------------------iL �r Yffi-W
13. SECOND READING ORDINANCE: AMEND 10840 WHICH ESTABLISHED INITIAL
APPROPRIATIONS FOR COCONUT GROVE SPECIAL EVENTS DISTRICT FUND - FY '90-
91 -- PROVIDE FOR INCREASE ($429000) AS A RESULT OF ADDITIONAL MONIES
DEPOSITED DUE TO SUCCESSFUL COLLECTION OF COCONUT GROVE SPECIAL EVENTS
DISTRICT SUPPLEMENTARY USER FEE.
Mayor Suarez: OK. We're ready to go to Item 2, Madam Vice Mayor?
Vice Mayor Alonso: Yes, we are.
Commissioner Plummer: Yes.
Mayor Suarez: The Chair... 5
Commissioner Plummer: Move item two.
Mayor Suarez: Understanding that he's probably here on a not totally
altruistic basis, the Chair recognizes a fine state representative. Are you
senator yet? I don't know. The way things have been going. Luis Rojas, good
to have you, sir. Thank you for what you've done for our community in the
past. We have a motion and a second on item 2. Read the ordinance please.
Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE NO. 10840, ADOPTED ON
FEBRUARY 14, 1991, WHICH ESTABLISHED INITIAL
_ APPROPRIATIONS FOR THE COCONUT GROVE SPECIAL EVENTS
DISTRICT FUND - FY 90-91 RECEIVED AND DEPOSITED
PURSUANT TO ORDINANCE NO. 10764, ADOPTED JULY 129
1990, TO PROVIDE FOR AN INCREASE IN THE AMOUNT OF
$42,000 AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN
SAID FUND DUE TO SUCCESSFUL COLLECTION OF THE COCONUT
GROVE SPECIAL EVENTS DISTRICT SUPPLEMENTARY USER FEE;
PROVIDING FOR FURTHER APPROPRIATIONS AND CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of July 9, 1992, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Vice Mayor Alonso, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
24 October 8, 1992
AYES: Commissioner Victor Ds Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11004.
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.
------------------------------------------------------------------------------
14. SECOND READING ORDINANCE: AMEND CODE CHAPTER 54-17 -- EXTEND DEADLINE
DATE FOR DEPOSIT(S) OF FUNDS TO PAY FOR CONSTRUCTION OF WALL(S) ACROSS
NATOMA STREET, TA-LU-GA DRIVE AND ALATKA STREET TO JANUARY 10, 1993.
Mayor Suarez: Yes. Item 3...
Commissioner Plummer: Mr. Manager, my neighborhood is up in arms on Item 3.
Mr. Cesar Odio (City Manager): Yeah.
Commissioner Plummer: They're asking why, if you're doing it for Ta-lu-ga and
Natoma, you're not doing it for Alatka.
Mr. Odio: Because... Well, they... No, no.
Commissioner Dawkins: And I agree with them and I don't even live over here.
Mr. Odio: These people came here.
Mr. James Kay: Ta-lu-ga and Natoma...
Mr. Odio: Alatka is closed.
Commissioner Plummer: Alatka is not closed as you are closing Ta-1 u-ga and
Natoma.
Mr. Odio: But what I mean, they're paying for this.
Comnissioner Plummer: No, this is asking the City.
Mr. Odio: The sufficient funds were collected for the walls and Natoma...
This wall has been constructed. The neighbors are paying for this.
25 October 8, 1992
Commissioner Plummer: All right.
Mr. Kay: The City would have done a fence, a chain link fence, at their cost
and they'll do the seem thing at Alatka, but the homeowners have indicated to
us that they want to collect the money to build a wall - a CBS (concrete block
structure) wa11.
Commissioner Plummer: So what are you doing in this motion here?
Mr. Kay: All we're doing is changing the date to receive the funds.
Mayor Suarez: We're setting a time for the time to be...
Commissioner Plummer: A deadline?
Mr. Kay: A deadline date to receive the funds in the Code.
Commissioner Plummer: OK.
Mayor Suarez: Do you support it?
Mr. Santiago Zardetto: Yes, sir. We do.
Mayor Suarez: OK.
Commissioner Plummer: Fine.
Mayor Suarez: Do you want to put your name in the record as long as you've
gotten that close?
Mr. Zardetto: Yes, sir. My name is Santiago Zardetto. I'm the president of
Natoma Manners Homeowner's Association. We've held a meeting, a general
meeting, and we are willing to place the money...
Mayor Suarez: All right.
Mr. Zardetto: ...for the construction of said wall.
Mayor Suarez: Any time we get...
Commissioner Plummer: That's on Alatka.
Mr. Kay: Alatka.
Mr. Zardetto: Yes, sir.
Commissioner Plummer: He's of Alatka.
Mr. Kay: Right. That's right.
Mr. Zardetto: The other two are already built.
26 October 8, 1992
Alb
Mr. Kay: The two are already built - Natoma and Tay-lu-ga.
Mr. Zardetto: And paid for by the homeowners.
Commissioner Plummer: OK.
Mr. Kay: Yeah.
Mayor Suarez: Very good. All right we have...
Commissioner Plummer: For the edification of my fellow Commissioners, you'd
better be aware there is a major feud, or about ready to be a major feud,
going on between Natoma and Bay Heights again. Bay Heights wants to close one
of their openings. It will be before us very quickly.
Mayor Suarez: Wow.
Commissioner Plummer: One more time.
Mayor Suarez: All right. We have a motion do we?
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded by the Vice Mayor. Read the ordinance.
Mr. Zardetto: Thank you.
Ms. Matty Hirai (City Clerk): It's an ordinance, Mr. Mayor.
Mayor Suarez: Read the ordinance, please. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 54-17 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY EXTENDING THE
DEADLINE DATE FOR DEPOSITS) OF THE FUNDS NECESSARY TO
PAY FOR THE CONSTRUCTION OF THE WALL(S) ACROSS NATOMA
STREET, TA-LU-GA DRIVE AND ALATKA STREET TO THE DATE
OF JANUARY 10, 1993; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of July 9, 1992, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Vice Mayor Alonso, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
27
October 8, 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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11005.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Commissioner Plumper: Mr. Mayor, may I just state for the record on Item 2.
Mayor Suarez: Yes, Commissioner Dawkins yields to you, Commissioner Plumper.
Commissioner Plummer: I want this Commission to be... I'm sorry. I didn't
know he was...
Mayor Suarez: It's all right. I heard kind of both of you at the same time.
Go ahead.
Commissioner Plummer: I just would like to state for the record that that was
the fund which was established originally by this Commission in trying to
bring some order to the chaos that was existing in Coconut Grove of festivals
every weekend. It's doing a great job and I think they're to be commended for
doing a good job, and also for the revenue which they established in the fund
in Item 2. Just for the record.
15. SECOND READING ORDINANCE: AMEND 10938 -- ESTABLISH NEW PROJECT:
PRELIMINARY GENERAL OBLIGATION BOND EXPENSES - 1992 (CIP 311028) --
APPROPRIATE FUNDS FROM 1984 STORM SEWER GENERAL OBLIGATION BOND
PROCEEDS.
------------------------------------------------------------------------------
Mayor Suarez: Item 4? Capital Improvements Ordinance.
Vice Mayor Alonso: Move it.
Commissioner Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? All right. On four we
have a motion and a second. Any discussion, Commissioner Dawkins?
Commissioner Dawkins: Under discussion. Mr. Manager, through you to Mr.
Garcia. Mr. Garcia, why is it that we are going to pay a 1991 expenditure
from a 1984 Storm Sewer General Obligation Bond when we said... when we
passed the bond issue we told the public that we would do sewers. And it
O'� ,
28 October- 8, 1992
looks to me like that $120,000 should be spent on sewers and not taken to pay
bond expenses on a 1992 bond expense. Explain to me why it is necessary.
Mr. Carlos Garciat Well, Commissioner. Typically bond issuance costs come
out of the bond proceeds. We L;�i able to offset these expenses against any
future earnings of these funds. You know, we get these funds, we invest them
and we make some earnings on that. We have no other funding to pay these
expenses f rom. If we don't incur these expenses we cannot sell the bonds.
It's that simple.
Commissioner Dawkins: Yeah. But... I hear you.
Mr. Garcia: Yeah.
Commissioner Dawkins: But you're taking money that was earned on a 1992... a
1991 bond sale. The interest off of that, which should go back into that
bond, you're taking it and telling me that you're going to sell bonds for
future indebtedness, but you don't say anything about when the bond... when
that bond sales make interest, you're going to put that money back into the
other fund. You don't say that.
Mr. Garcia: Well, Commissioner, you have to keep in mind that if we make more
money on these funds than what we're paying on the bonds, we have to rebate.
We have to return those monies to the federal government. And this is one of
the few expenses that we can offset against those revenues. And besides that,
as I said, there is no other funding source the City has to pay for these
expenses. And it's typically done nationwide.
Commissioner Dawkins: You mean to tell... You mean to tell me that we run a
City this size and we do not have any mechanism, methodology, or procedure of
funding these kinds of expenses than this way and if... And you're telling me
that if the City did not have this reserve, for the lack of a better word,
then we have operated in a form... in a manner that's detrimental to the City
because we wouldn't be able to sell bonds.
Mr. Garcia: No, Commissioner. What I'm saying is that this is the way it's
done all over the country. It's the acceptable way of doing it. It's the
sensible way of doing it. And we've done it like this for years. And it's
done like this. You know, you can...
Mayor Suarez: What happens... Carlos, what happens if you don't generate
enough to pay for these expenses? I mean...
Mr. Garcia: The bond proceeds...
Mayor Suarez: It's just a coincidence that we always do it and somehow manage
to absorb it?
Mr. Garcia: The bond.... Whichever way you finance a project, whether it's
with bond monies or if you go to a bank to borrow the funds, you pay for some
costs and this is part of those costs.
Mayor Suarez: Right. Except when you go to the bank to borrow the money,
typically, a lot of times, they ask you to have your check up front to pay for
the expenses.
29 October 8, 1992
Mr. Garcia: And what happens is...
Mayor Suarez: Here where hoping to generate it from the bond issue itself.
Mr. Garcia: Yeah. When you go to the bank you pay a higher rate than if you
go straight to the market... to the bond market. So, we're saving money by
going to the bond market.
Mayor Suarez: It just seems like something that you're kind of doing in a
risky way. I think that's what Commissioner....
Mr. Garcia: It's not a risky way, Mr. Mayor. It's a way, as I said...
Mayor Suarez: ...Dawkins is inquiring about and I understand the logic of the
inquiry is what happens if you just don't generate enough money?
Mr. Garcia: I think it's a very good question but I think... The answer is
very good too in the sense that this is the way it gets done nationwide and
it's ...
Commissioner Dawkins: OK. All right. Hold it right there. Hold it right
there. This is the way it is done nationwide. Is that correct?
Mr. Garcia: Yes, sir. It's customary to do it like this.
Commissioner Dawkins: All right. This is the way they did it in Newark and
Newark went under. This is the way they did it in Philadelphia. Philadelphia
went under. This is the way they do it in New York. New York went under.
Mr. Garcia: But...
Commissioner Dawkins: I can name you the number of places nationwide that
you're telling me about this is the way they have done it and they're in
bankruptcy.
Mr. Garcia: But they went bank... No, no.
Commissioner Dawkins: So, therefore they were doing something wrong.
Mr. Garcia: No, sir. They went bank...
Commissioner Dawkins: Somebody did something wrong.
Mr. Garcia: Right. They did. But they went bankrupt because...
Commissioner Dawkins: All right then. But see... But don't tell me, sir,
that this is the way they do it nationwide unless you're going to assume the
bad parts are going to happen nationwide.
Mr. Garcia: No, what I'm...
Commissioner Dawkins: Just don't pick out the ones that were successful that
you did nationwide. Tell me also that in Philadelphia they did it this way,
but because they did not do A, B, C and D, they're bankrupt.
30 October 8, 1992
Mr. Garcia: No, what I can tell you is that they went... They had financial
problems because of other reasons, not because of this particular type of
situation.
Commissioner Dawkins: Now, you are qualifying your general statements...
Mr. Garcia: And let me say this, sir.
Commissioner Dawkins: ...which you should have done at first.
Mr. Garcia: Yeah. Let me say that there are a trillion municipalities and
governments out there that do it like this and they don't have any financial
problems.
Commissioner Dawkins: They're lucky.
Mayor Suarez: A trillion municipalities?
Mr. Garcia: Well...
Mayor Suarez: Wow!
Mr. Garcia: A few thousand.
Mayor Suarez: All right. Anyhow, on Item 4, I should have said there were
certain developers here in the audience that might understand this more than
we do and always figure out a way to pay for the expenses of their loans by
the financing itself, including a distinguished Vice Chairman of the Downtown
Development Authority, Mr. Doran Jason. But maybe we shouldn't go into that.
All right, folks, we have a... Do we have a motion on this, Madam City Clerk?
Ms. Hirai: Yes, sir.
Mayor Suarez: OK. And a second?
Ms. Hirai: Yes.
�
Mayor Suarez: Read the ordinance, please. Call the roll.
k
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10938, AS AMENDED, ADOPTED DECEMBER 5, 1991, THE
CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY
ESTABLISHING A NEW PROJECT ENTITLED "PRELIMINARY
GENERAL OBLIGATION BOND EXPENSES - 1992" PROJECT NO.
311028 IN THE AMOUNT OF $120,000; AND APPROPRIATING
FUNDS IN SAID AMOUNT FOR SAID PROJECT FROM 1984 STORM r
SEWER GENERAL OBLIGATION BOND PROCEEDS; CONTAINING A`
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of July 9, 1992, was
taken up for its second and final reading by title and adoption. On motion of
31 October 8, 1992
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Vice Mayor Alonso, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11006.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
16. SECOND READING ORDINANCE: AMEND CODE CHAPTERS 2 AND 19
("ADMINISTRATION" AND "FIRE PROTECTION") -- PROVIDE FOR INCREASE IN FEES
FOR INSPECTIONS / EXAMINATIONS OF PLANS FOR COMPLIANCE, EMERGENCY
MEDICAL TRANSPORTATION FEES, AND PERMIT, TESTS CHARGES AND FEES RELATED
TO REQUIREMENTS AND ENFORCEMENT OF SOUTH FLORIDA FIRE PREVENTION CODE
AND CITY OF MIAMI CODE.
Mayor Suarez: Item 5, second reading, "Administration" and "Fire Protection."
Commissioner Plummer: Move it.
Mayor Suarez: Increase in fees of inspections and examinations, etcetera.
Anyone here wish to be heard against this item? Let the record reflect no one
stepped forward. Moved. Do we have a second?
Commissioner Plummer: Excuse me, let me ask a question. Is the Fire Chief
here? You can send me this later. We established, as I recall, a false alarm
as we did in the Police Department... a fee schedule, for those who were
constantly turning in false alarms. I saw in the budget what the matter of
revenue was in the Fire... in the Police Department. I did not see it in the
budget, what amount of monies revenue were generated from that in the Fire
Department. If you'd send that to me in a memo, I'd appreciate it. Thank
you, Mr. Mayor.
Mayor Suarez: OK.
Commissioner Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
32
October 8, 1992
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Commissioner Dawkins: I'm going to call a meeting of the Hispanic Builders
Association, the Latin Builders Association, and the Black Builders
Association. And I'm going to try to convene it here in this chamber and have
them tell me if this adversely affects their being able to build in the City
of Miami. I'm getting constant complaints that people no longer want to
attempt to build in the City of Miami because fees and other things add to the
costs and it's just not... It's cost prohibitive. So, I will be calling a
meeting to discuss that with them and whatever the findings are I'll bring it
back to this Commission.
Mayor Suarez: Very good.
Commissioner Plummer: Mr. Mayor, I...
Mayor Suarez: Will that include, Commissioner Dawkins, the whole issue of
impact fees?
Commissioner Dawkins: Yes, sir.
Mayor Suarez: Because those hit very hard.
Commissioner Plummer: I think... That's what I was going to bring out, that
you've got to take the whole picture together. You know, let's admit, when we
talk about builders, builders are in this matter for a profit and the builders
are not going to be paying any of these fees. The consumer is the one who
pays these fees and the developer is not going to take any less profit than he
had before. He might take a little bit more because he usually works a
percentage of the total cost. So, I think when we look at these kinds of
things, we've got to look at impact fees, we've got to look at total cost of
what it costs, not for the developer so much as we do for the consumer.
Because the developer's going to make his money one way or another. So, I
think what we need to do is look on how these fees are passed on and what is
the total scenario for fees. I think that's what we have to look at.
Commissioner Dawkins: I agree with you and am not as much concerned about the
fees tacked on by the developer as I am the City of Miami. Now, every time we
have a project, I look down at the bottom and you tell me "X" dollars for
Administration. OK?
Commissioner Plummer: Yeah.
Commissioner Dawkins: Now, this afternoon I'm going to show you an example of
where the City of Miami, in order to draw... The City of Miami, in order to
draw up a bid and put a bid out on the St. Hugh's property... People who are
supposed to do bids and put them out charged the project $44,000 to prepare
the bid and put it out. I'll show you that this afternoon.
Commissioner Plummer: All right. Did
last Commission meeting the cost of the
percent of the bid? Fifty percent more
administration to bring me... bring all
breakdown of where that money is going.
Commissioner Dawkins: That's...
[ not bring to your attention at the
City expenses on a given bid was 50
on top of the bid. And I asked the
of us when I said me... you know, a
To me it's ridiculous.
33
October 8, 1992
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Iummert. But we'll go into it later at a later time.
ISO: Yes.
Mayor Suarez: All right.
Commissioner Dawkins: Yeah, we're all saying the same thing.
Mayor Suarez: On Item 5, we've got a motion. Do we have a second Madam City
Clerk?
Ms. Hirai: We need a second, Mr. Mayor.
Mayor Suarez: We need a second.
Commissioner Dawkins: Second.
Mayor Suarez: Call... Read the ordinance, please. Call the roll
AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 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 AMENDING SECTIONS 2-76,
2-83.1, 19-2, 19-3, 19-5, 19-6, 19-79 19-9, AND 19-14;
CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE,
AND ESTABLISHING EFFECTIVE DATES.
Passed on its first reading by title at the meeting of September 10,
1992, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plumper, seconded by Commissioner Dawkins, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J.L. Plumper, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11007.
34 October 8, 1992
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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: Yes, Item 6, second reading.
Commissioner Plummer: Well, let me ask this question for the record, Mr.
Mayor.
Mayor Suarez: Sure.
Commissioner Plummer: Mr. Manager, I think it's only fair, and I understand
my colleagues' negative votes. But I think it needs to be said, had my vote
also been negative, this source of revenue would not have been available to
the Fire Department. Now, if in fact that was turned down by three votes,
what would have happened? I think that's important to know.
Vice Mayor Alonso: They will have to learn to do it in a more efficient way.
Commissioner Plummer: OK.
Vice Mayor Alonso: With less cost to the City of Miami and I think that's
bottom line what's happening. In some of the permits, and everything that is
happening with these kinds of fees that are imposed, we have to look at ways
of saving, doing at less cost to the taxpayers.
Commissioner Plummer: OK. You probably are 100 percent right. But I would
like the Administration's view that if this matter had been turned down and
this source of revenue was not made... Not now. Send me a memo. OK? You're
saying $250,000. Whatever it is. I'm not trying to set your numbers. If we
had not passed this revenue source of $250,000, what else would have happened
and what else would have to have been given up? I think it's a very important
question to be asked and I will expect your view. I've heard her view and I'd
like to make up my own opinion because there's got to be a compromise
somewhere in between of a balance.
Vice Mayor Alonso: Also, I'd like to hear in that memo...
Mayor Suarez: Commissioner Dawkins yields to the Vice Mayor.
Vice Mayor Alonso: Oh, I'm sorry. Also, I'd like to hear from you why the
increase? Why does it have to be increased and why are the services more
costly in some of these permits, for example? The number of people that they
have to go from person to person, it will have to be simplified. They tell me
in the County they do it in a more efficient way. Maybe we should look at
that. Thank you.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: It has nothing to do with efficiency or inefficiency,
in my... And it has nothing at all to do with the professionalism of the Fire
Department. It has to do with Administration. Now, everybody up here knows
that the Fire Department does two things: fight fires, and provide fire and
rescue service. Everybody up here knows what that costs per year. Therefore,
35 October 8, 1992
that amount of money should be factored into the budget for them to do their
job. You should not come here and tell me... Which puts me, as the elected
official, on the spot with the voters, that I'm trying to keep the Fire
Department from responding to their needs when they have an emergency call.
That's not... That's the administration's responsibility: to fund whatever
the hell is needed for the Fire Department to operate. Now, I agree with J.L.
I don't know what you have to do to do that. But do that and then come back
and tell me about some of the things that are not tear jerking or
heartbreaking that will get the public up in arms against the elected
officials, where it appears that the elected officials are against the Fire
Department meeting their needs. That's all I'm saying. And, when you sit
down, you have all year to figure out what it costs to operate the Fire
Department. One of the operations in the Fire Department is to provide fire,
rescue and safety, and that's what they're supposed to do and we're supposed
to fund it.
Commissioner Plummer: Let me go on the record, Mr. Mayor, because I'm hearing
rumblings again. There might be coming down the pike that nasty old thing
called a bond issue for Police and Fire. I want to go on the record again. I
am totally opposed to it. I will fight it tooth and nail because I think
we've got, as my colleague just said, to live within our means. I will not
support a bond issue for $20,000,000, or what I hear the vibrations of
$50,000,000 for each. I will never, ever support it at this point.
Mayor Suarez: All right.
Commissioner Plummer: They're talking.
17. SECOND READING ORDINANCE: AMEND CODE CHAPTER 54.5 ("SUBDIVISION
REGULATIONS") -- AMEND SECTION 54.5-15 ("ENCROACHMENTS" ON OR IN RIGHTS -
OF -WAY, PUBLIC EASEMENTS, PRIVATE EASEMENTS OR EMERGENCY ACCESS
EASEMENTS; EXCEPTIONS") -- PROVIDE MECHANISM TO PERMIT ENCROACHMENT OF
VEHICULAR OVERPASS ABOVE RIGHTS -OF -WAY (ROW), PUBLIC EASEMENTS OR
EMERGENCY ACCESS EASEMENTS.
------------------------------------------------------------------------------
Mayor Suarez: Item 6, I'll entertain a motion. Second reading.
Commissioner Plummer: Second.
Mayor Suarez: All right. I'll entertain a motion on Item 6.
Vice Mayor Alonso: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Call the roll.
36 October 8, 1992
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AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 54.5 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA* AS AMENDED, ENTITLED
"SUBDIVISION REGULATIONS", BY AMENDING SECTION 54.5-15
ENTITLED "ENCROACHMENTS ON OR IN RIGHTS -OF -WAY, PUBLIC
EASEMENTS, PRIVATE EASEMENTS OR EMERGENCY ACCESS
EASEMENTS; EXCEPTIONS.", BY PROVIDING A MECHANISM TO
PERMIT THE ENCROACHMENT OF A VEHICULAR OVERPASS ABOVE
RIGHTS -OF -WAY, PUBLIC EASEMENTS OR EMERGENCY ACCESS
EASEMENTS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of September 24,
1992, was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Alonso, seconded by Commissioner Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11008.
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.
18. AUTHORIZE AND PERMIT PUBLIC HEALTH TRUST OF DADE COUNTY TO CONSTRUCT /
MAINTAIN A PEDESTRIAN / VEHICULAR OVERPASS OVER AND ACROSS INTERSECTION
OF BOB HOPE BOULEVARD AND N.W. 18TH STREET BETWEEN PROPOSED HIGHLAND
PARKING STRUCTURE AND PARK PLAZA EAST PARKING STRUCTURE, WITH
CONDITIONS.
------------------------------------------------------------------------------
Mayor Suarez: Item 7. Authorizing and permitting the Public Health Trust...
Commissioner Plummer: Move it.
Mayor Suarez: ...to construct and maintain...
Vice Mayor Alonso: Second.
37 October 8, 1992
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Mayor Suarez: ...a pedestrian and vehicular overpass. Moved and seconded.
Any discussion? If not, please call the roll.
=' Commissioner Plummer: Mr. Manager, I'm assuming this comes with a built-in
protection that the Fire Department can get underneath of it. Public Works
and all of that have... I'm assuming that's... I don't read it here, but
that all of that has been first cleared before it comes here.
Mr. James Kay: I have memorandums from the Fire Department here.
Commissioner Dawkins: It says a...
Commissioner Plummer: OK. I'm just asking for the record.
Commissioner Dawkins: It says a minimum of 16. How did we arrive at 16 as
being sufficient?
Commissioner Plummer: That is the national standard.
Mr. Kay: That is the State controlled number for...
Commissioner Dawkins: But there are some... There are some tractors and
trailers that may come from the port that are higher than 16.
Commissioner Plummer: Then they go another route.
Commissioner Dawkins: Yeah, but the other route may... The other street may
be torn up, J.L.
Commissioner Plummer: Be careful.
Commissioner Dawkins: The other route may be... The street may be torn up.
Commissioner Plummer: OK. All I'm saying is they've run it by everybody
here.
Commissioner Dawkins: Just tell me why. That's all, please. -
Mr. Kay: Can't read the top paragraph up there but it says that vertical
clearances should be at least 16 feet for all streets.
Commissioner Dawkins: At least, but they didn't say it couldn't be 18.
Mr. Kay: That's correct.
Commissioner Dawkins: It said a minimum. Nothing said it couldn't be 18
feet.
Mr. Kay: Well, that's true.
Commissioner Dawkins: OK. That's all. And everything you've got now is 16
feet.
Mr. Kay: That's what is set by law.
38 October 8, 1992
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Commissioner Dawkins: What? What? That's a minimum.
Commissioner Plummer: No, that's minimum.
Mr. Kay: Minimum set by taw.
Commissioner Dawkins: No, the...
Commissioner Plummer: What he's saying is... His concern is a good concern.
Commissioner Dawkins: It's a minimum. The minimum is 16. It did not say the
maximum was 16, Mr. Kay.
Mr. Kay: No, that's right. The minimum is 16 feet.
Commissioner Plummer: Is it within this purview of this Commission to say it
shall be 20 feet?
Mayor Suarez: Why not provide a little extra clearance? I mean, you've
got...
Commissioner Dawkins: That's all I'm saying.
Mayor Suarez: Assuming that there are some trucks out there that go 16 feet.
I don't know that that's the case.
Commissioner Dawkins: There is. All of them. Every one of them.
Mayor Suarez: You know, what 1f one of them has something sticking out of the
top or something? I mean, what if one...
Commissioner Plummer: Remember, we could not move the library...
Mr. Kay: It's going to be...
Commissioner Plummer: ...out of Bayfront Park because of 16 feet.
Mayor Suarez: Why would you want to go right to the absolute...
Commissioner Plummer: Minimum.
Mayor Suarez: ...threshold distance, and not... height, and not go to, you
know, a safe one? I mean, is there any increase in costs for them or
anything?
Commissioner Plummer: No, the reason for it is is the availability of the
second floor of a building going out from one to the other. That's the reason
for it.
Mayor Suarez: Well, that would probably be more like...
Commissioner Plummer: But if they have a third floor, they could do it on the
third floor just as easy, or on the roof.
39 October 8, 1992
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Mayor Suarez: More like twenty feet, I would think.
Commissioner Plummers Cost them a little bit more.
Mr. Kay: Well, at 16 feet 1t will be marked 1116 feet" on the underpass.
Mayor Suarez: Right. That way if you crash into it, you'll know that you
should have looked at the sign.
Commissioner Plummer: As my motor home becomes a convertible.
Mayor Suarez: What? You want to address that issue?
Mr. Kay: No, I don't think it's that high.
Mr. 011ie Bonner: Yes. My name is 011ie Bonner. I'm Vice President of Plan
Operation of Jackson Memorial Hospital. _
Commissioner Plummer: My condolences.
Mr. Bonner: Thank you. We are trying to put this head to second level, as
you have mentioned, in order for the traffic to be able to go across there.
We feel in looking at all the traffic on that street, that there aren't any
vehicles that are over that height, that would have a problem going through
there. So, that was...
Mayor Suarez: Yeah, but what about a clearance? An extra foot or two? Is
that feasible?
Mr. Bonner: I don't believe it would be feasible to go above the 16 feet.
Commissioner Plummer: Well, the question is, sir, you're obviously coming out
of one building on a second floor into another building.
Mr. Bonner: That's correct.
Commissioner Plummer: Do the two buildings in this particular case each have
a third floor?
Mr. Bonner: Yes, they do have a third floor.
Commissioner Plummer: Well, why couldn't you do it from the third floor?
Mr. Bonner: Well...
Commissioner Plummer: Burdines does it from the fifth floor.
Mr. Bonner: That's a possibility but it's just a question of traffic. If you
were in there driving through the garage, when you up through the second Level
to go across...
Commissioner Plummer: That's your traffic and we're concerned about our
traffic.
40 October 8, 1992
Mr. Bonner: Well, we're trying to build the bridge, originally, to keep the
traffic off the street. It is an extra cost to us.
Commissioner Plummer% This is a pedestrian bridge.
Commissioner Dawkins: What traffic off the street?
Mr. Bonner: The traffic that would come into the garage.
Commissioner Dawkins: Pedestrian traffic or automobile traffic?
Mr. Bonner: It would be the traffic coming to the Public Health Trust or to
the...
Commissioner Dawkins: Pedestrian?
Mr. Bonner: ...anybody down there that parks.
Commissioner Dawkins: Pedestrian or automobile?
Commissioner Plummer: I've got to have 12 for my R.V.
Mr. Bonner: It would be both. It's a safety issue...
Commissioner Dawkins: Wait a minute.
Mr. Bonner: ...as far as going across the street.
Commissioner Dawkins: Wait a minute. I was under the impression that this
was a pedestrian walkway. I didn't know you were going to drive cars...
Commissioner Plummer: It is a...
Commissioner Dawkins: ...and trucks and loaded trucks across it also.
Mr. Bonner: No, there will not be loaded trucks going across it. It would be
strictly...
Commissioner Dawkins: Well, what will be going across there?
Mr. Bonner: It would be going across for vehicles that are parking in the
garage, that if one garage is full... If you've been out to the hospital you
realize the overcrowded parking and by the privilege you gave us of the...
Mr. Jones: Well...
Mr. Bonner: ...of the Special Public Interest District, we're building
another garage...
Commissioner Plummer: It doesn't even make sense.
Mr. Bonner: ...to relieve that traffic in parking.
41 October 8, 1992
3'� r
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Commissioner Plummer: Sir, excuse me. When I go in a parking garage, I go in
a circle.
Mr. Bonner: Correct.
Commissioner Plummer: And I go all the way to the top before I look for
another garage. Why wouldn't the bridge be across the top...
Mr. Bonner: Well, what we are going...
Commissioner Plummer: ...that gives you the availability of going all through
the first garage first to find a space, and if not then going over to the
second at the top and coming down looking for a space. That makes sense to me
why doesn't...
Mr. Bonner: You are correct. But we are going to have in this garage, on the
second level, because of our trauma center, we are going to have special
parking there. So, when people go into the Park Plaza East which is the
garage right there, there will be signals to tell that those upper levels are
full, meaning that they can go across... that those upper levels are full and
then, therefore, to go into the other garage, at the second level, saving them
the time of driving up as you do in most garages.
Mayor Suarez: I have a very simple question. Jim, what do the regulations
say, exactly 16 feet?
Commissioner Plummer: Minimum.
Mr. Kay: The recommendation from the State is...
Mayor Suarez: Minimum.
Mr. Kay: ...minimum 16 feet.
Mayor Suarez: Right.
Mr. Kay: I will say this...
Mayor Suarez: What is the... Wait, wait.
height of the bottom part of your overpass?
Mr. Bonner: Sixteen feet.
Mr. Mike Miller: Sixteen feet.
Mayor Suarez: Exactly sixteen feet?
Mr. Miller: Yeah.
Mayor Suarez: Is it just pure coincidence?
Mr. Bonner: No.
Minimum 16 feet. What is the
42 October 8, 1992
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Mayor Suarez: That you can't go 16 and a half, or 17, as long as we're In
this discussion? Or is it what Commissioner Mummer's saying that it happens
when you have two stories, typically each one goes eight feet, so you're up to
16?
Mr, Cesar Odio (City Manager): There's no tractor -trailer at 16 feet.
Commissioner Plummer: Huh?
Mr. Odio: There's no tractor -trailer at 16 feet.
Mr. Miller: OK. My name is Mike Miller and I'm the architect for the
project. Basically what we're doing is, there's an existing parking garage.
The level of that parking garage really sets the level of the bridge.
Mayor Suarez: And that happens to be exactly 16 feet?
Mr. Miller: Well, more or less.
Mayor Suarez: I mean, when you make...
Mr. Miller: The structure that's required to go across will just make 16 feet
clearance.
Mayor Suarez: Could it have been 16 and a half, 17, without a major design...
Commissioner Plummer: Why can't it be on the third floor?
Mr. Miller: I can only answer...
Mayor Suarez: It doesn't really answer my question, but that's...
Mr. Miller: I'll answer the question. It's at the second level we can match
16 feet, possibly 16 feet, six inches. That's about the limit.
Mayor Suarez: All right. So there is some flexibility. That's all I wanted
to know. Commissioner Plummer, obviously, is looking for even more
flexibility to possibly go to the third floor. And you're saying your main
traffic is at the second floor level. That would make it the...
Mr. Miller: That's right. It would make...
Mayor Suarez: If you'd go up to the third floor, you're forcing a lot of
people that would be able to cut across from the second floor to go up and
down, and all of that, I guess.
Commissioner Plummer: When you go in a garage, don't you go in a circle and
go all the way to the top looking for a space?
Mr. Bonner: No. That was a...
Mayor Suarez: I always get lost in every garage in Miami.
Commissioner Plummer: Well...
43 October 8, 1992
Mr. Bonner: That was the point I was trying to make.
Mayor Suarez: I'm a bad example. Don't say anything, Mano.
Mr. Bonner: The point I was trying to make, that in most garages that does
happen. We are going to have an ability, when the garage gets full in Park
Plaza East to put a signal to cross the bridge and go over.
Mayor Suarez: All rightee. And typical maximum height of most trucks under
Florida regulations and codes is what? Twelve?
Mr. Kay: Well, we have a request of 13 feet by the Fire Department.
Mr. Odio: The highest it goes is a fire truck.
Mr. Bonner: Most of them are not 16 feet.
Mayor Suarez: I didn't think they were 16 feet.
Mr. Miller: Right. Actually we've gone by the Board of DOT (Department of
Transportation) regulations.
Commissioner Plummer: Hey, heyl Did you...
Mr. Miller: Which would be about.... Which would be 14 feet allowed.
Mayor Suarez: Did you check Plummer's Winnebago to make sure that that fits
underneath.
Commissioner Plummer: Let me tell you, I require 12 feet. OK? But there are
motor homes with what they call a basement model, that require more than 13.
Mayor Suarez: Right.
Mr. Miller: That's right.
Commissioner Plummer: All right? So that's why, you know, I'm saying...
Mr. Miller: Right. Basically DOT standards in an urban area would allow 14
foot clearance in some areas.
Commissioner Plummer: Hey I know when I travel down the road, if it's not
marked on an overpass, I with comfort am assuming 16 feet. OK?
Mayor Suarez: All right.
Commissioner Plummer: So, that's the name of that game.
Mayor Suarez: Can we cut the last couple of feet off his Winnebago and then
that will resolve things.
Commissioner Plummer: The height not the...
44 October 8, 1992
Mr+ Miller: We will make sure his Winnebago gets...
Mayor Suarez: Yeah. You want to make sure that that gets through everywhere.
All right, folks. It sounds like they have enough clearance there, unless
somebody really, really goes crazy in which case we'll get our State
legislators to specify by code they cannot go over 15 foot, 12 inches. Do we
have a motion on this item? We do Madam?
Ms. Hirai: Yes, sir.
Mayor Suarez: And a second?
Mayor Suarez: Yes, sir.
Mayor Suarez: Any further discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-626
A RESOLUTION AUTHORIZING AND PERMITTING THE PUBLIC
HEALTH TRUST OF DADE COUNTY (THE "TRUST") TO CONSTRUCT
AND MAINTAIN A PEDESTRIAN AND VEHICULAR OVERPASS (THE
"OVERPASS") OVER AND ACROSS THE INTERSECTION OF BOB
HOPE BOULEVARD AND NORTHWEST 18TH STREET BETWEEN THE
PROPOSED HIGHLAND PARKING STRUCTURE AND PARK PLAZA
EAST PARKING STRUCTURE WITH A MINIMUM CLEARANCE OF
16.0 FEET ABOVE THE SURFACE OF THE INTERSECTION,
CONDITIONED UPON THE TRUST EXECUTING AN AGREEMENT TO
INDEMNIFY IN FAVOR OF THE CITY; PROVIDING FOR A
PROCEDURE FOR THE REMOVAL OF THE OVERPASS UPON FAILURE
OF THE TRUST TO MAINTAIN IT; PROVIDING FOR
REQUIREMENTS PERTAINING TO THE PLANS FOR THE
CONSTRUCTION OF THE OVERPASS; AND PROVIDING FOR 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 J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
45 October 8, 1992
1
•
Commissioner Dawkins: Wello I think it should be more than 16. I vote no.
Commissioner Plummer: God help him the next time he gets sick.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Dawkins: Is that color in the tie any hopes that we'll beat Penn
State?
Mr. Bonner: Yes. That's the reason we're wearing it today.
Mayor Suarez: All right. We'll make that into a resolution.
------------------------------------------------------------------------------
19. FIRST READING ORDINANCE: AMEND CODE SECTION 40-229 -- PROVIDE FOR
CHANGES IN INVESTMENT GUIDELINES AND TYPES OF FUNDS WHERE INVESTMENT MAY
BE MADE FOR MEMBERS OF CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST.
Mayor Suarez: Item 8.
Commissioner Plummer: Do we have anybody here... OK. We do.
Mr. William Jack Rabun: Good morning.
Mayor Suarez: Give us whatever information you.
Mr. Rabun: My name is Jack Rabun and I'm the Chairman of the General
Employees and Sanitation Employees Retirement Trust. For several years our
money managers have advised us, and our performance monitor, that we could get
higher returns on our investments, were the investment guidelines that are
M part the of the City of Miami's Ordinance concerning pension...
Mayor Suarez: You want a little bit more flexibility?
Mr. Rabun: Changed slightly. A little more flexible. There are no really
major changes here in...
Mayor Suarez: Jack, how long have you been the Chairman and how did you get
to be Chairman, for our edification here?
Mr. Rabun: I've been the Chairman since Monday this week.
Mayor Suarez: Oh.
Mr. Rabun: I've been on the Board about eight years and...
Mayor Suarez: So, they set you up for this presentation. All right.
Mr. Rabun: Yes. Yes, they did. Ron Silver was supposed to be here but
yesterday being a holiday we couldn't get a hold of him. He's going to be
here about 10:30, a little late maybe.
46 Octobc! P1, 1992
Commissioner Plummer: Give us one example of how this changes.
Mr. Rabun: OK. I think it's outlined very nicely in the memo that your
Manager sent you.
Mayor Suarez: I like that question. May the staff of the City keep in mind
that kind of a question. We need an example of things, folks. We're doing
some very complicated legislation here.
Mr. Rabun: Well, I...
Mayor Suarez: One example of something really gives us something that... to
grab...
Mr. Rabun: OK.
Mayor Suarez: That's not directed at you. It's directed at the staff. I
mean, with planning issues, zoning issues, fees, give us examples. Give us
little models that we can work with.
Mr. Rabun: OK. This allows us to invest in American Depository Receipts
which are negotiable certificates issued by U.S. Depository Bank and which
represent shares of non-U.S. companies but these are not considered foreign
investments. They are very safe. The Ordinance limits the amount we can
invest at three percent, 1n any one corporation. It's a very prudent type
thing. It just gives our Managers a little more flexibility. But American
Depository Receipts are one of them. The others are some types of very safe
mortgages. We have not invested in real estate. It is not... Fortunately,
we have not in the last few years. We have done very well in our other
investments, but we're looking ahead at a decade.
Mayor Suarez: How well have you done?
Mr. Rabun: Well, we're at...
Mayor Suarez: What are your typical returns on capital in the last couple of
years?
Mr. Rabun: Well, we're at $275,000,000 and when I went on that Board about
eight, ten years ago it was about $70,000,000. So we have gone up quite a
bit. Frank...
Commissioner Plummer: What's your unfunded liability?
Mr. Rabun: Since 187, yes.
Commissioner Plummer: How much?
Mr. Rabun: Since 187. We're averaging eight percent and we have done very
well in some years, down in some. I think if we... If you go...
Commissioner Plummer: What's your unfunded liability?
47
October 8, 1992
Mr. Rabun: We are at about 80 percent... 85 percent funded, which is
considered excellent. As you well know, as a result of the Gates case, we
received a very large payment towards that from the City of Miami each year
and I cannot give you an exact dollar figure on the unfunded. I will tell you
that we had 80 to 86 percent funded which 1s considered good.
Mayor Suarez: Have you had any years where you were flat in your...?
Mr. Rabun: Absolutely. Absolutely. We have lost money. I mean, the stock
market goes up and it comes down.
Mayor Suarez: Well, I keep hearing that from the other pension board. What
does the stock market have to do with it?
Mr. Rabun: We're invested in the stock market.
Mayor Suarez: I mean, what are you guys depending on the stock market?
Mr. Rabun: We are...
Mayor Suarez: Are you depending on the stock market for your investments? I
thought that was...
Mr. Rabun: Absolutely.
Mayor Suarez: ...one of the riskiest of all places to put...
i Mr. Rabun: Absolutely. Well, we are... Our investment guidelines call for a
maximum of 60 percent equity investments and 40 percent in bonds and in the
long run... We're looking at long run here.
Mayor Suarez: Maximum 60 percent equity investments.
Mr. Rabun: Maximum. And 40 percent in bonds. Those are our guidelines that
you all gave us. But in the long run, the stock market in any one year up and
down, or in any five and ten year period... But we're looking at 70 and 80
and 100 year periods when we invest.
Mayor Suarez: Well, give me the average of the stock market in the last half
a decade, the last five years. Do you know what that is?
Mr. Rabun: The last five years we've earned a little over eight percent,
total on our market.
Mayor Suarez: And the stock market?
Mr. Rabun: Now equities only? We've earned a great deal more. Let me see if
I can find out equity.
Mr. Frank May: Can I answer that?
Mr. Rabun: Yes, Frank will help me out here. Thanks.
48 October 8, 1992
Mr, May: Mayor Suare2, characteristically the stock market, the S a P
(Standard & poor's) averages increases at the rate of approximately ten
percent per year.
Mayor Suarez: Right. And, sir...
Mr. May: And their aggregate...
Mayor Suarez: Jack...
Mr. May: Their aggregate return over the last six years has been 12.6
percent.
Mayor Suarez: You mean the pension funds?
Mr. Rabun: From equities.
Mr. May: Sorry, sir?
Mayor Suarez: Their average?
Mr. May: Yes, sir, 12.6 percent over the last six years.
Mayor Suarez: OK. Jack, we never figured out exactly how you got to be
chairman.
Mr. Rabun: Well...
Mayor Suarez: Were you a member of one of our...
Mr. Rabun I'm a retired City employee...
Mayor Suarez: What department?
Mr. Rabun: ...appointed to the Board... Public Works Department, where Mr.
Kay works.
Mayor Suarez: And what is your background, Jack? What did you do?
Mr. Rabun:. I'm a professional land surveyor. I was the union Vice President
of AFSCME-(American Federal, State, County, and Municipal Employees) for a few
years, elected and... I was elected to the Board at one time. Now appointed
by the union as one of the two members. I'm a retired employee so you will
know that I get a check each month from this fund and that I'm very careful
with how the money is invested.
Mayor Suarez:. That's a good way to look at it.
Mr. Rabun: But I worked for the City for 33 years and...
Mayor Suarez: But you have no particular background in finance.
Mr. Rabun: No.
49 October 8, 1992
Mayor Suarez: Or investing?
Mr. Rabun: No.
� IY
Mayor Suarez: Except maybe your own particular extensive holdings?
Mr. Rabun: Well, minor holdings, I would say.
Mayor Suarez: All right. And you recommend this change and you've given us
one example as requested by Commissioner Plummer. Any further questions,
Commissioners?
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded. Any discussion?
Mr. Manuel Gonzalez-Goenaga: Yes.
Mayor Suarez: Manolo, I think the rule is we take you up in the afternoon
after 3:00 p.m.
Mr. Gonzalez-Goenaga: Item 9.
Mayor Suarez: However, I have a feeling... Well, I shouldn't say it. But I
have a feeling that Jack would be most interested in any input you might give
him in how to invest his money. This gentleman has been a stockholder in
various banks, locally, and has given advice at their stockholders meetings,
some of it rather celebrated advice. And you may want some of his input.
Mr. Rabun: Well, we'd be glad to have him come to one of our Board meetings.
We meet...
Mr. Gonzalez-Goenaga: No, it will be a small remark.
Mayor Suarez: No, have a seat, Manolo. If they had heeded his advice in the
case of Southeast Bank, they may not have gone under, actually. All right.
Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 40-229 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDING
FOR CHANGES IN INVESTMENT GUIDELINES AND TYPES OF
FUNDS WHERE INVESTMENT MAY BE MADE FOR MEMBERS OF CITY
OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.
50 October 8, 1992
Was introduced by Commissioner Plummer and seconded by Vice Mayor Alonso
and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor Be Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
20. GRANT REQUEST BY REPRESENTATIVES OF TRANSATLANTIC REGATTA III THE -
DISCOVERY RACE -- GRANT WAIVER OF DOCK -RELATED USER FEES AT FEC TRACK /
BAYSIDE -- GRANT PERMISSION TO PLACE BANNERS.
Mayor Suarez: Commissioner De Yurre?
Commissioner Be Yurre: Yes, Mr. Mayor, we have Patty Allen here from Bayside
and they have a request to make for an upcoming event. If they can approach
the podium? Hello?
Commissioner Plummer: What item is it on the agenda?
Commissioner Be Yurre: It's one of these emergency items.
Commissioner Plummer: Ah, yes.
Mayor Suarez: Emergency matter.
Commissioner Plummer: Yes.
Commissioner Be Yurre: Just like the 17 that you addressed us with earlier
this morning.
Commissioner Plummer: Yes, yes. An emergency. Yes, yes.
Mayor Suarez: What is it? Is the issue controversial in any way? Can we
Just simply vote on it?
Commissioner Be Yurre: No.
Mayor Suarez: Do you know? Can you tell us?
i
51 October 8, 1992
i
Commissioner Plummer: Very controversial.
Commissioner De Yurre: Well...
Mayor Suarez: Ms. Allen certainly isn't controversial.
Ms. Patty Allen: OK.
Commissioner Plummer: What happened to Mario Diaz Ballart.
Ms. A11en: Mario couldn't come. With me is Xavier Marti and he's
representing the consul of Spain on a regatta that's going to take place in
December and they have a couple of requests.
Mr. Xavier Marti: Hi. My name is Xavier Marti. I'm the U.S. delegate of
and I'd like to introduce a little bit the regatta, the
Discovery Race. Born as the commemoration of Columbus' voyage in 1492, the
Discovery Race comes of age this year, when the third edition is to be held.
After having proved to be one of the biggest events in the international race
calendar, through the former runs in 1984 and 1988 and ranking to the amount
of five ocean races all over the world. The Discovery Race will be the last
event to be held in 1992 and will thus close the broad reigns of celebrations
scheduled in that program. The Discovery Race is expected to gather
boats, skippers and cruises who will join the largest fleet ever
assembled in a regatta following the Columbus week. The race wi11 start at
November 28th in Southwest Spain, in Palos de la Frontera, historical site of
Columbus' departure and will take some 15 or 20 days in sailing more than
4,000 nautical miles to cross the Atlantic Ocean. The finishing line will be
located off Miami Beach and just by the boat approaches.
Mayor Suarez: Mr. Marti... You said your last name is Marti?
Mr. Marti: Yeah.
Mayor Suarez: M-A-R-T-I?
Mr. Marti: Yeah.
Mayor Suarez: With an accent on the I.
Mr. Marti: Yeah. Exactly.
Mayor Suarez: And your first name is Xavier?
Mr. Marti: Xavier.
Mayor Suarez: That's a heck of a combination of names.
Commissioner Plummer: Jose.
Mayor Suarez: But...
Vice Mayor Alonso: You got his vote.
52 October 8, 1992
Mayor Suarez: You've got my vote, sir. But you are giving us a bunch of...
Mr. Marti: I gust...
Mayor Suarez: I mean, a rather long narrative. Commissioner, what do you
want...
Commissioner De Yurre: Mr. Mayor, having said all that. Basically what they
need is use of the dock space for the FEC track; Bayside outside wall;
interior wall of Bayside; waiving dockage fee from the 16th to the 28th of
December; a trophy presentation by the Mayor - so it's up to you - to the
second classified of Maxi OMYA category; permission to place 5 of the races
banners in "Pequena Habana," Downtown, Key Biscayne entrance, Coconut Grove,
and Northwest Miami; permission to put a trailer with a banner in Bayfront
Park, just inside the entry to Bayside.
Mayor Suarez: I delegate all duties to the Vice Mayor or Commissioners as
appropriate, but the rest of it sounds good to me. Otherwise Patty Allen will
me calling my office.
Commissioner Plummer:
Well, let me ask you...
Mayor Suarez: Yes, sir. Commissioner.
Commissioner Plummer:
In all honesty... There are to be no
products sold at
all.
Commissioner De Yurre:
No what?
Commissioner Plummer:
No products to be sold. There will be
no souvenirs...
Mr. Marti: No.
Commissioner Plummer:
...or T-shirts, or any of that.
Mr. Marti: Nothing at
all.
Commissioner Plummer:
So there will be no... absolutely no
source of income.
Ms. Allen: No.
Mr. Marti: We're just
going to sell Miami.
Commissioner Plummer:
You couldn't have a better product.
Mayor Suarez: All right.
Commissioner De Yurre:
I move it.
Mayor Suarez: Moved.
Commissioner Plumper:
Second.
Mayor Suarez: Second.
Any discussion? If not, please call
the roll.
53 October 8, 1992
Mr. Marti: Thank you very much.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-627
A RESOLUTION WAIVING APPLICABLE DOCKAGE FEES AT THE
RATE OF $0.75 PER FOOT PER DAY FOR THE USE OF
AVAILABLE SLIPS AT MIAMARINA, THE BAYSIDE SEAWALL AND
AT THE F.E.C. PROPERTY BY PARTICIPANTS IN THE "QUINTO
CENTENARIO - III RUTA DEL DESCUBRIMIENTO" (RACE
CLEBRATING THE QUNINCENTENNIAL OF AMERICA'S DISCOVERY
ALONG THE ROUTE FROM SPAIN) DURING THE PERIOD DECEMBER
15-25, 1992; GRANTING PERMISSION TO SAID EVENT SPONSOR
TO PLACE UP TO FIVE (5) BANNERS AT SPECIFIED AVAILABLE
LOCATIONS WITHIN THE CITY OF MIAMI AND TO PLACE AN
ADVERTISING TRAILER IN BAYFRONT PARK; SUBJECT TO SUCH
CONDITIONS AND LIMITAITONS AS MAY BE PRESCRIBED BY THE
ADMINISTRATION OF THE CITY OF MIAMI AND BY THE
BAYFRONT PARK MANAGEMENT TRUST.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Suarez: You really were helped enormously by your name and your
companion there.
Commissioner Plummer: More so the companion.
54 October 8, 1992
Mayor Suarez: More so the companion.
..—a.---- ------------ -------w.---ram.—r+rr----------- a------------------�-------
21. AMEND RESOLUTION 86-11 -- MODIFY CERTAIN COMPENSATION BENEFITS AND
EMOLUMENTS TO BE RECEIVED BY CITY MANAGER CESAR ODIO.
Mayor Suarez: Item 9. Certain compensation benefits and emoluments received
by...
Commissioner Plummer: Mr. Mayor, I only have one question...
Mayor Suarez: ... Cesar Odio.
Commissioner Plummer: ... as I ask always and then... The State taw says
that any pension benefits given have to be approved by the State for the
purposes of establishing that that matter, and I am sure the size of this is
no problem, that it can be funded by the City, that you justify that you can
fund it by the City. Have you complied with that State law?
Mr. Carlos Garcia: Well, Commissioner, you are not changing the benefits per
se, what you are changing is the salary base for that pension to be computed
on, so I don't think you need State approval on that.
Commissioner Plummer: All right. If you are telling me that you don't need
to go to State for approval...
Mr. Garcia: Right.
Commissioner Plummer: ... then I will accept that but I am putting it on the
record...
Mr. Garcia: Right.
Commissioner Plummer: ... that that is normal scenario, and I am assuming
that you have run this by all of the tax lawyers, and the CPAs (certified
public accountants)...
Mayor Suarez: Mr. Manolo Gonzalez...
Commissioner Plummer: ... and all of the rest that...
Mayor Suarez: Wait a minute, Commissioner.
Commissioner Plummer: ... normal procedure...
Mayor Suarez: Manolo, please have a seat. If you need to give anything to
this Commission you may do so by giving it to the clerk. All right.
Commissioner Plummer: I feel neglected he did... I feel neglected he didn't
give me one.
''" 55 October 8, 1992
Mayor Suarez: All right, sir. Moved. Second. Vice Mayor.
Vice Mayor Alonso: Yes, i have some questions. How much will it cost the
City? What additional costs?
Mr. Garcia: For the first year it will cost about $7,0000 and for the second
year there will be an additional $79000.
Mayor Suarez: And that 1s the total duration?
Mr. Garcia: And then from there on there will be a total of about $14,000
depending on how many years the Manager stays with the City.
Commissioner Plummer: May I inquire?
Mayor Suarez: I am sorry. Have you completed your inquiry?
Vice Mayor Alonso: No. I have one more question.
Mayor Suarez: OK. Madame Vice Mayor.
Vice Mayor Alonso: Is that the total cost to the City?
Mr. Garcia: That is the total cost to the City. There will be additional
pension... You see when the pension contribution is computed, there is a
seven point five percent (7.5%) increase implied to all of the employees of
the City. So whether the Manager gets a... increases his pension benefits or
not, according to the pension records, or according to the actuarial report,
there is an estimation that his salary is going to go up seven point five
percent (7.5%), and that is the way it has been for the last ten years
although he has not received actual increases in salaries, there is a
computed, or imputed seven point five percent (7.5%) increase annually in the
City contribution in the assumption.
Mr. Frank May: It is an assumption.
Mr. Garcia: In the assumption, right. So in that sense, there is no
additional cost to the City. The additional cost to the City comes because
there is an additional ten percent (10%) reimbursement to him on the increase
of the salary which is about $4,000, and then there is...
Vice Mayor Alonso: But for the purpose of pension, it is going up to
$140,000...
Mr. Garcia: Right. Right.
Vice Mayor Alonso: ... so you must have an increase.
56 October 8, 1992
Mr. Garciat But what 1 am saying is the pension has already computed in its
computation that his salary is going to go up seven point five percent (7.5%)
every year whether it goes up or not. So it has been built in for him and for
every City employee that we have in the City.
Mayor Suarez: Why have they done that?
Mr. Garcia: That is an assumption that they have. When they compute the City
contribution...
Mr. Cesar Odio (City Manager): Let me... In general, Mr. Mayor, I am not
explaining about my case. I don't want to. That is the things...
Mayor Suarez: But no that is not my question. My question is directed at the
whole thing.
Mr. Odio: ... that we negotiate every... Every employee...
Mayor Suarez: Why does the...
Mr. Odio: It is the assumption...
Mayor Suarez: ... board assume an seven and a half percent (7.5%) increase?
We are not inclined to give seven and a half percent (7.5%) increases. We
can't.
Mr. May: No. Mayor Suarez, in the development of the actuarial evaluation
reports each year...
Mayor Suarez: Right.
Mr. May: there are certain assumptions that are used to generate the
contributions from the City into the trust.
Mayor Suarez: But I presume most of the assumptions are based on history, or
logic, or something, not just sort of seven and a half percent (7.5%) increase
in compensation.
Mr. May: That is correct but...
Commissioner Plummer: No, no. Mr. Mayor, you just voted last year, and that
was one of the questions that I raised at the time when they opened this
window for early retirement, they raised the assumption rate from seven to
seven and a half.
Mr. May: No, sir. That is a different assumption rate. That is...
Mayor Suarez: No, that...
Commissioner Plummer: No. But that is how it comes about as far as the
assumption rate is concerned.
Mayor Suarez: No. But that is the discount rate.
57 October 8, 1992
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7
Mr, May: No. There are many assumption rates that are predicated in terms of
our contribution into the trust. What you are speaking about is the
investment rate assumption.
Mayor Suarez: Right. Right. But we are talking...
Mr. May: This is a salary scale assumption.
Mayor Suarez: ... about the salary increases. Why seven and a half percent
(7.5%)? Can anybody give me a simple answer? Is this historical?
Mr. May: Seven and a half percent (7.5%) is historical...
Mayor Suarez: All right.
Mr. May: ... and essentially this is built in.
Mayor Suarez: At some point if we don't, in fact, increase compensation by
seven and a half percent (7.5%) we all of a sudden realize that our benefits
have been overestimated. Is that correct?
Mr. May: Or the contributions to the trust have been overestimated.
Mayor Suarez: All right.
Mr. May: That is correct, Mayor.
Commissioner Plummer: May I inquire how long is...
Vice Mayor Alonso: I am not finished, Mr. Mayor, if I may.
Commissioner Plummer: Oh, I am sorry. Go ahead.
Vice Mayor Alonso: Yes. In Section B it also says that if Cesar Odio resigns
from City employment, or is dismissed from City employment at any time
hereafter the City shall pay him the severance benefit of two weeks per year
of service with the City. This is an additional benefit to what he had
before. Is that right?
Mr. Garcia: That is right. Yes, ma'am.
Vice Mayor Alonso: How much will it cost if this takes place because it says
either if he resigns or if he is dismissed in both cases. So are we saying
this is an additional cost to the City. Right?
Mr. Manohar Surana (Assist. City Manager): Vice Mayor, in Resolution number
87-990, in 1987, City Commission had given him almost two years of severance
benefit. That has been reduced to almost about six and a half months.
Vice Mayor Alonso: But I checked what it had the 86-11.
Mr. Surana: Eighty-seven...
Vice Mayor Alonso: And this to me is completely different.
58 October 8, 1992
Mr. Surana: tight -seven dash nine nine zero, which was approved on 1987.
Vice Mayor Alonso: But this is an addition.
Commissioner Plummer: What does the APM (Administrative Policy Manual) say?
Mr. Surana: APM about three months. I don't know...
Vice Mayor Alonso: Is this equal to that?
Commissioner Plummer: Seven months, and this is under that.
Mr. Surana: Right.
Commissioner Plummer: So why is this an additional benefit if the APM says he
has up to seven months of severance?
Mr. Garcia: The APM does not cover the City Manager.
Mr. Odio: I'll tell you why. I have been excluded from APMs, obviously, that
we put out. I don't want to include myself in that. That is all. That is
why it is here.
Commissioner Plummer: Why would we treat you any differently than we treat
someone that is under you?
Mr. Odio: Because traditionally the City Managers have been treated
different. I can go back...
Commissioner Plummer: But treated less?
Mr. Odio: Yes. They... Severance pay has never entered... In other words I
would feel funny including myself on an APM that I signed. That is all. It
is up to you not me to include the severance pay which I am entitled to, yeah,
if I was a regular employee anyway.
Vice Mayor Alonso: But this is higher than that, isn't it? This is two
week... It says two weeks per year.
Mr. Surana: Right. He has been here for thirteen years. So suppose his
employment terminated this year, he will give six and a half months severance
pay.
Commissioner Plummer: But wait, wait a minute. He has not been Manager for
thirteen years.
Mr. Surana: In service in the City.
Vice Mayor Alonso: It says with the City.
Mr. Surana: With the City service.
Vice Mayor Alonso: The length of time with the City of Miami.
59 October 8, 1992
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Commissioner Plummer: The point I guess I am trying to make is that prior to
being Manager he was covered by an APM.
Mr. Odio: Yes.
Commissioner Plummer: OK. And when he took over as Manager he stepped out of
that category...
Mr. Surana: Right.
Commissioner Plummer: ... into an independent category. But how... What you
are telling me that based on what he has there today...
Mr. Surana: Right.
Commissioner Plummer: ... is less than what an underling, I don't like that
word, but a subdirector would make. Is that a correct statement? That that
seven calls for seven months and you are speaking of six in his behalf?
Mr. Surana: I got to check that.
Commissioner Plummer: Is that what I understood? And I have one other
question. When was the last time the Manager received a raise?
Mr. Odio: I can tell you that. I have received one raise in seven years.
Commissioner Plummer: One raise in seven years. And do you remember the
percentage?
Mr. Odio: The same percentage that they gave... I think it was ten percent
(10%).
Commissioner Plummer: One raise in seven years?
Mr. Odio: In all... In my... Well, yeah.
Commissioner Plummer: OK.
Vice Mayor Alonso: This means about... Let's say if the Manager were to
leave tomorrow, are we talking about this "B" section, are we talking what,
$100,000 approximately?
Mr. Surana: No. Approximately $50,000.
Vice Mayor Alonso: Eighty, one hundred.
Mr. Surana: About $50,000.
Vice Mayor Alonso: How come?
Mr. Surana: Six and a half months. He is making $106,000 right now.
60 October 8, 1992
Vice Mayor Alonso: OK. And may I ask one more question, and the last
question on this item. Why are we doing this now? I am a little bit
confused. Last week we saw... We went through questions. Commissioner De
Yurre asked whether the Manager was leaving, and now we see this, and it says
whether he resigns or 1s dismissed. Something is happening that some of us
don't know, or it is just something that was put by coincidence one week after
the question was asked?
Mr. Surana: This is the same language which we used in number 1987. It was
Section 8. It is just copy of the resolution.
Vice Mayor Alonso: Well, let me see because I requested the forms. Could you
give me a copy of that? That is not what I had. Cesar Odio resigns from City
employment or is dismissed from position on or after January 30th ninety...
Well, it is not the same, but it is quite different. OK. So no particular
reason. No one is leaving? It is not...
Mr. Surana: Not to my knowledge.
Vice Mayor Alonso: ... a golden parachute. No? Not that you know.
Mr. Garcia: Not that we know. Right.
Vice Mayor Alonso: No. OK. Thank you.
Commissioner De Yurre: Carlos, let me ask you this. We are talking about
adding an additional $7,000 and so on and so forth. What would that, if he
were to have a pay raise... If he were to be making more money would part of
that contribution come from him in that difference, or it would still be...
There would be like... The $7,000 would still be going in?
Mr. Garcia: The $7,000 would be going in from the City to the pension fund.
Yes.
Commissioner De Yurre: OK. So it isn't like you are covering any
contribution that he would have to put in on the excess of additional income.
The difference between what he makes now and what he would make the one
twenty-two or the one forty eventually. Are you picking up any contribution
that he would be making on that difference?
Mr. Surana: Right. His take home is basically take home pay would be the
same as he is getting today. That is not going to be changed.
Commissioner De Yurre: That is not my question.
Mr. Surana: OK. If he has to pay additional taxes...
Commissioner De Yurre: My question is...
Mr. Odio: You are not picking up any contributions that I would make.
Commissioner De Yurre: OK. What I am saying is are we better off giving him
a pay raise, and he would have to kick in...
61 October 8, 1992
Commissioner De Yurre: I understand that, but if it is better for the City.
Mr. Odio: Well, but you see... And I don't mean this... We have been _
working very hard, everybody, to hold the line on salaries, and I think, I
really believe this with all my heart, that if I am telling other people you
are not going to get a raise I don't want a raise. I really mean that. I
guess I am concerned about my... I am 56 years old so I am concerned about
pension, and if I had had my raises, I would have been entitled to my pension.
But raises when we are talking to the unions, and we had talked again to zero
increases, no. Please.
Commissioner De Yurre: Well I just want to add for, you know, our own
edification that the new contract with Roger Carlton over at Miami Beach who
hadn't worked a day before guaranteed him a one year's severance pay, one year
If he were to leave, and his salary starts at $125,000 for a city that is
quite smaller than the City of Miami, just for the record, Miami Beach.
Mayor Suarez: Any further discussion on the item?
Commissioner Dawkins: Yes, sir.
Mayor Suarez: Commissioner Dawkins. I am sorry. Let me just announce
something. Father Marquess Barry I know you have been here on a voluntary
basis working with the City on the Overtown panel's interim report, or maybe
final report, and we have been passing you up so we intend to take your item
right after this one.
Commissioner Dawkins: Mr. Carlos Garcia or Mr. Mano Surana, you made
reference to the consumer index. What is the difference between the consumer
index and the Manager's salary, which would help you arrive at a statement
that you made that the Manager's salary is less in real dollars. And explain
to me the difference between real dollars and unreal dollars.
Mr. Garcia: Well, Commissioner, the consumer index since 1986 when the
Manager became City Manager has gone up about thirty percent (30%). If you
were to apply that thirty percent (30%) to the $92,000 he was making at the
beginning, he would be making, today, about close to $120,000. He is making
$106,000. Now, in real dollars, what you do is you deflate today's dollar,
for instance, the $106,000 that he is making and deflate that by thirty
percent (30%) to make it equivalent to what dollars he was making in 1985.
So, if you reduce $106,000 by $30,000 I guess you come up with an amount that
is close to about $80,000, or less than $80,000, and he was $92,000 in 1985,
so he is making less money in that sense than he was making then.
Commissioner Dawkins: So all of the employees in the City of Miami who was
talked into early retirement, and who also was talked into foregoing raises,
are you going to include the consumer index in figuring out what raise to give
them when you do, which I don't think will happen in this century, find the
money to give them raises?
Mr. Surana: Commissioner, if somebody started the same time that the Manager
started, that employee would be making right now...
62 October 8, 1992
Commissioner Dawkins: I will rephrase my question. My question asked only
dealing with employees. Mr. Plummer asked only dealing with the Manager.
Give me my answer as it relates to raises for the employees who forgave their
raises in the expectations of getting a raise this year. Are you going to use
the consumer index In determining how much of a raise they lost because they
didn't get their money last year or the year before last? Yes or no, and then
why.
Mr. Surana: Union negotiations are based on numerous things, not just cost of
living.
Commissioner Dawkins: Mr. Mano Surana, I am going to ask my question again.
OK? I am going to ask it again. The people who work for the City of Miami
who through their generosity, in order to save the City money and keep it from
going broke, forewent raises that they were entitled to. They were promised
that they would get those raises this year. They did not get them.
Mr. Odio: Yes, sir. Yes, sir.
Commissioner Dawkins: No.
Mr. Odio: Yes, sir.
Commissioner Plummer: I just got a memo saying they did October 1, four
percent (0) .
Mr. Odio: They got... They obtained their raises October 1.
Commissioner Dawkins: All right. Then hey. All right. Then did you figure
in the consumer index amount that they lost because they did not get their
money last year?
Mr. Surana: There is one difference between manager and employees.
Commissioner Dawkins: Did you figure in the consumer index raises?
Mr. Surana: No. Answer is no, but employee get...
Commissioner Dawkins: Al right. Now. OK. No. Let me ask you the
questions. Don't you ask me. OK. Let me ask you the questions. All right.
Now. Why didn't you do that? Now you can tell me why you didn't do it.
Mr. Surana: Normally new employees they get one step increase every year.
Commissioner Dawkins: No, no. I am not talking about new employees. There
are no new employees, sir. There are no new employees who forewent a raise.
If you are a new employee you were not here to give up your raise.
Mr. Odio: But, Commissioner...
Commissioner Dawkins: So don't discuss new employees, discuss old
employees...
63
October 8, 1992
Commissioner Dawkins: ... who were here who gave up their raise.
Mr. Odio: No. They... If you went by the cost of living... They, when we
negotiated a contract, both sides agreed on a four percent (4%) cost of living
increase which they got. You keep... But let's not forget that they have a
step increases that are automatic.
Commissioner Dawkins: All right. I'll get back to that...
Mr. Odio: That is a five percent (5%).
Commissioner Dawkins: ... because I am going to read to you from what we
agreed to on you in 191. OK. Now what we agreed to you on in 191 had nothing
to do with what we are talking about now. But because it is you, it is one
different set of rules against the other people because they agreed. OK? All
right. Go ahead. Now, OK. What is... And you guys... And I got this from
your writing, not mine. What is the purchasing power of Mr. Odio's today
salary? Explain fully how this has a negative effect on Mr. Odio's pension.
Explain that to me.
Mr. Garcia: Well, what happens is, of course, if his base salary doesn't go
up, his pension is going to be stagnant. It is not going to go up while the
cost of living keeps increasing so there is a loss there.
Commissioner Dawkins: All right. Now I will go back and you guys will have
to bear with me. I am going to the minutes from January 10, 1991. OK? And I
will start with Vice Mayor Plummer. Mr. Mayor, I have a resolution which is
appropriate. The resolution which I furnished all of you. A resolution
amending Section 8 and 9 of Resolution number 86-11 adopted January 9, 1986,
as amended. Thereby modifying certain compensation benefits and others
received by the City Manager. Commissioner Dawkins, "OK. First I want to
know what Section 9 means." Vice Mayor Plummer, "The sections that are listed
here, Section 9 is down at the bottom. Cesar Odio may continue as a member in
the City of Miami General Employees and Sanitation Employment Retirement Trust
Fund." That is in relation to his pension. "The City will reimburse Cesar
Odio for his ten percent (10%) employee contribution, and the City will also
reimburse Cesar Odio for his contributions in accordance with the law to the
ICMA (International City Management Association) deferred compensation 457
plan or he may at his option participate in any other retirement program which
here for has been authorized by the ordinances of the City of Miami. The
Manager, many years ago, was afforded the opportunity of joining the ICMA
Pension Plan rather than the City plan, and it was at his option. Managers,
as I have stated previously, have usually average life spans of 2.4 years, and
not to get bogged down in one pension plan where they had no chance of ever
getting vested. They could take the option of ICMA regardless of whether they
were working as their contributions were made to ICMA. They would then have
an opportunity to become vested after a number of years and still have a
retirement plan." Now, does that mean that the Manager is in ICMA, or in the
General Service Employee Pension Plan?
Mr. Garcia: He is in the General Employees Pension Plan as a pension plan,
and then he is into a deferred compensation plan other ICMA 457.
64 October 8, 1992
Commissioner Dawkins: So you are double dipping.
Mr. Garcia: Well, they are two different... They are not exactly the same.
They are two different things.
Commissioner Dawkins: Well help me see where it is not double dipping.
Commissioner Plummer: Doesn't he pay into both? He is taking less revenue...
Excuse me. Don't let me get in...
Commissioner Dawkins: And you know what, Mr. Mayor.
Commissioner Plummer: As I see it he is taking less revenue.
Commissioner Dawkins: Mr. Mayor, Mr. Mayor, Mr. Mayor, please ask my fellow
Commissioners to refrain from dipping in until the administration has answered
by questions, and after that I will sit back and wait for anything to come
from my Commissioners.
Commissioner Plummer: Mr, Mayor...
Mayor Suarez: All right. As long as we all stick to those rules because.
Commissioner Plummer: Mr. Mayor, inform may colleague I will be glad to comply
with his request.
Mayor Suarez: Very good.
Commissioner Dawkins: Thank you.
Mr. May: Commissioner Dawkins, if I could answer that.
Commissioner Plummer: If you will let me know when he is finished.
Commissioner Dawkins: Well, you... When I close this. I will be finished.
Commissioner Plummer: So be it.
Commissioner Dawkins: All right.
Mr. May: Commissioner Dawkins, the Manager is a member of the General
Employees and Sanitation Employee's Retirement Trust. He also defers up to
$7,500 a year into an ICMA 457 account. They are two separate entities. One
is...
Commissioner Dawkins: In plain English is he a member of two pension plans?
Mr. May: No, sir.
Commissioner Dawkins: Plain English.
Mr. May: No, sir.
65
October 8, 1992
Commissioner Dawkins: Well if you defer money... You know what? If you
defer money into one as a tax shelter, to take it out, and you get it when you
retire, and you belong to another retirement plan - that is not two retirement
checks?
Mr. May: No. One is a defined benefit pension plan.
Commissioner Dawkins: Do you get two checks after you retire.
Commissioner Plummer: You could have an IRA (individual retirement account).
You could have a KEOGH. You could have it all.
Mr. May: Commissioner Dawkins, if I... It would be the same thing as an IRA.
All right. In other words it is another type of retirement vehicle, but he is
a member of only one retirement program.
Commissioner Dawkins: All right. The $7,500 that is deferred. How do you
factor that into how much should be contributed to the General Service
Employment Fund?
Mr. May: Again, they are totally separate, Commissioner. They are totally
separate.
Commissioner Dawkins: Well... OK. They are separate therefore they are
separate payments, therefore, tell me what each payment is to the separate
entity.
Mr. May: Al right. To the General Employees and Sanitation Employees
Retirement Trust it would ten percent (10%) of his salary.
Commissioner Dawkins: Ten percent (10%) of his salary.
Mr. May: That is correct, sir. On the ICMA 457 it would be a maximum of
$7,500 per year.
Commissioner Dawkins: All right. Now, who pays this money?
Mr. May: He pays the ten percent (10%) from his salary as a direct
contribution for his membership for the retirement trust, and he also defers,
from his salary, pretax, $7,500 per year for his ICMA 457.
Commissioner Dawkins: Pretax?
Mr. May: Yes, sir.
Commissioner Dawkins: Pretax?
Mr. May: Yes, sir.
Commissioner Dawkins: So therefore, and this is what you are asking me to put
in, although you say you are not going to give a raise, this is the money you
are telling me I should put in to replace the money that he has been paying,
and he is not getting a raise. Is that a correct statement?
66 October 8, 1992
Commissioner Dawkins: OK. Why not?
Mr. May: Because I think that what we are talking to, if I could go back
again, he is contributing ten percent (10%) to his membership in a retirement
trust, he is also deferring $7,500 into a 457 account.
Commissioner Dawkins: All right. No problem. "Is that in conjunction with a
top of $106,000? All I need to know is what is the amount," Vice Mayor
Plummer. "Oh, the amount," Commissioner Dawkins. "Thank you, Mr. Vice
Mayor." OK. Mr. Vice Mayor... And I am skipping stuff because J.L. will say
I didn't read what was at the top. Vice Mayor Plummer, "The only difference
there is a five percent (5%) increase he was granted before. All along we
said he didn't get a raise. There is a five percent (5%) increase that he was
granted. This is no increase in this amendment. It is exactly the same as
before." Commissioner Dawkins, "Then where will the money come from that will
cover Section 8?" Vice Mayor Plummer, "All right. I will answer that." Vice
Mayor Plummer, "OK. Let me try to answer Section 9." All right. The Mayor
says OK. Vice Mayor Plummer, "No different than any other employee. The
salary which he receives does not speak to perks. For example in the Police
and Fire Department whatever they receive in salary, there is a perk package
of thirty-eight percent (38%), and that is retirement and retirement alone."
Mr. Odio, "The total benefits my salary, with fringes, is $120,000." Vice
Mayor Plummer, "Can't be. Can't be." Commissioner Dawkins, "It is. It is.
True, true, true." Vice Mayor Plummer, "You are saying $120,000 includes
fringes?" Mr. Odio, "Includes the pension and everything else, yes." Vice
Mayor Plummer, "You are saying that the pension is only $14,000?" Mr. Odio,
"Because I pay taxes on that, I know what it is, it is $14,000." Commissioner
Dawkins, "OK. So what you are saying the Manager will be paid $130,000.
$106,000 plus $14,000 equal $30,000." [sic3 Vice Mayor Plummer, "This is...
no. Let me give you an example. When we pulled the numbers, the only numbers
I have, I am not picking on the individuals." And this is very important to
date ladies and gentlemen. Vice Mayor Plummer, "This is in no way... Let me
give you an example. When I pull the numbers, and the only numbers I have. I
am not picking on the individual when I look into Perry Anderson. Perry
Anderson is making $95,000 a year. When you add his fringe package he is a
cost to the taxpayers of $142,000. Now, I don't believe, Mr. Manager, you are
correct, and I am arguing against you when your fringe package is normally
what the fringe package is." Again Mr. Odio tells you what it is. I will
skip over since we are running for time. Commissioner Dawkins, "What is the
amount of money that will be reported to the IRS (Internal Revenue Service)
for the Manager?" Mr. Odio, "One hundred and twenty thousand dollars." Vice
Mayor Plummer, "It doesn't include health and life." Vice Mayor...
Commissioner Dawkins, "Mr. Mayor, I accept all explanations of that - but what
is B?" And "B" is the same part "B" that we got today. Mayor Suarez, "Are
you saying that B that if he is dismissed, let's say tomorrow, or for whatever
reason, that we own him two years salary? That is to say $212,000." Vice
Mayor Plummer, "Mr. Mayor, if you read further it so stipulates that if you
terminate him without cause that position kicks in. If it is terminated for
cause, malfeasance or misfeasance in office, you own him nothing. It is, in
other words, if three people as I think I have heard the comment made around
here doesn't like, tomorrow he is gone. Golden parachute." Commissioner
Dawkins, "You know this is a golden parachute, and I for one don't understand
67 October 8, 1992
and I am not voting for it. I don't care who votes for it. As Plummer says
that is my prerogative not to vote for it." Now, reading from you January the
100 1991. But if you are going to be fair, which we should be, and you are
going to provide that individual, which we are responsible for, and we have
evaluated and determined whether we should keep him or let go, whatever
benefits are given to the City Manager should be given to the City Clerk and
the City Attorney because they work for us just like the Manager. But I would
be remiss to sit here and allow all of the citizens who I represent in the
City of Miami, especially, the Black and Latins ones they let you get away
with this. When the Police Chief, Perry Anderson, was here asking for the
same thing, a golden parachute, everybody up here said it couldn't be done. I
sat here like a dummy, and I listened to you, and I voted with you because you
told me the Charter did not permit it. Perry Anderson continued to tell me it
Is racism. I continued to argue with Perry Anderson that he was a lie. But
when you sit here today and see the same thing that Perry Anderson asked for
was denied and you are prepared to give it to someone else, if it walks like a
duck, quacks like a duck, got feathers like a duck, it has got to be a duck.
Now, I cannot understand why you would sit here and tell me that this is a
resolution. Ladies and gentlemen, call it what you may. Do anything you
desire to do, but I will take words from Commissioner Plummer and say that
they are inaccurate. Vice Mayor Plummer, "OK. But I am just stating this is
not a contract it is a resolution setting forth compensation benefits and
others." Ladies and gentlemen we are giving the City Manager a contract.
That is all this is, a contract, and I for one want the public to know that
Chief Perry Anderson should get a copy of these proceedings, and I will
provide him with a copy of these minutes. I will also sit down with his
lawyer and try to help his lawyer determine that this is racism. That they
ruled against him, and that is... Now, what is meant by the term "for pension
purposes'?
Mr. Garcia: That means that it will be reported for pension purposes. It
will be reported to the Pension Board as his salary being that, and the City
contribution to pension will be based on that salary too. But it also says
that any amount in excess of what he is making today, he will return to the
City.
Commissioner Dawkins: I have no problems with paying for what you get. OK?
By the same token, if this passes, I am going to make a motion that you do the
same thing for the City Clerk, the City Attorney, in fact, for all the
Managers' Assistant City Managers. Because if you are going to provide golden
parachutes, ladies and gentlemen, and call them... I don't care what you call
it, a resolution, a golden parachute, a birthday present, something for
Christmas, it is the same thing. So, I don't have a problem with paying the
Manager for doing a good job. I don't care if you pay him $210,000 a year.
I'll make the motion. I don't have a problem with it.
Commissioner Plummer: Did I hear a second?
Commissioner Dawkins: OK. I said I don't have a problem...
Commissioner Plummer: Did I hear a second?
Commissioner Dawkins: ... if you pay the Manager $230,000 a year, as long as
you come out and say this is his salary. This is what he is entitled to. He
68 October 8, 1992
1
9
is doing a good
job, and what have you.
But ladles and
gentlemen I have a
problem when you
all try to sneak stuff through on these
premises. Under no
way, shape or form should this Commission
vote for Section
B of this contract,
and that Section
B it says... (DAWKINS'
TELEPHONE RINGS)
This might be my
-i wife, pardon me.
Dawkins. Yeah, OK. No,
it was not her.
Mayor Suarez: She said not to move the $230,000 for the Manager. Very wise
lady. We agree with her.
Commissioner Dawkins: All right.
Mayor Suarez: Good old Nancy comes through in the clutch.
Commissioner Dawkins: Section B it says if Cesar Odio resigns from City
employment, is dismissed from City employment any time hereafter he shall be
paid two weeks per year with service with City Commission. How many years has
the Manager been with the City?
Mr. Surana: Thirteen. It will be thirteen.
Mr. Garcia: Thirteen.
Commissioner Dawkins: Thirteen? That is 26 pay periods. OK? Now, when we
take his salary to $140,000 somebody... J.L. Plummer where is your computer?
What is twenty-six percent (26%) of...
Commissioner Plummer: I didn't...
Commissioner Dawkins: Divide 140 by 26.
Commissioner Plummer: I don't have my computer here.
Commissioner Dawkins: Give... See I keep telling you all let me do this and
you all can do whatever you want to do after I finish. I have no problem with
that. Divide 140 by 26. What do you get Mano?
Mayor Suarez: Seven plus percent.
Commissioner Dawkins: No, I know. I want dollars.
Mr. Surana: Fifty-three thousand, fifty-four thousand.
Commissioner Dawkins: That ain't no heck of a lot of money. All right.
Fifty-four thousand, then he will get his vacation pay that he has saved up.
Mayor Suarez: You divide 140 by 26...
Commissioner Dawkins: Twenty-six. That is more than...
Mayor Suarez: ... and got fifty-four? Is that what you did? We better hire
a whole new Budget Director here.
Mr. Surana: Oh, that is per week then. Five thousand three...
69 October 8, 1992
Commissioner Dawkins: Fine thousand. OK. All right.
Mr. Surana: Seventy thousand...
Mayor Suarez: Seven. Seven. Not seventy. Seven. Please.
Commissioner Dawkins: I don't see how... OK. And the part that makes this
unacceptable 1s the part that was brought out by the Vice -Mayor. Last week we
sat up here and were embarrassed, browbeat, harassed. I heard there is a
rumor that Cesar Odio will be fired. Is there any truth to that rumor? That
was in the negative. Then it was directed directly to J.L. Plummer. J.L.
Plummer, do you know of any moves to fire the Manager? J.L. Plummer says if I
don't say nothing I don't have to eat it.
Commissioner Plummer: You are almost close. You are close.
Commissioner Dawkins: OK. All right. So now why is it that the Manager has
been with the City of Miami 13 years. Last year we said he is doing a
magnificent job. He has got nothing to be afraid of of being fired, and now
if he resigns, if he is dismissed I must put in to pay him two weeks of salary
even if he cuts his toe off and can't come back to work. Ladies and
entlemen, I can vote like I told you for Section A, and it can go up to
140,000, I couldn't care less, but I would hope that this Commission would
not pass Section B, and, again, put it in the record, Perry Anderson should
call Miller Dawkins, and have his lawyer call Miller Dawkins because this is
pure institutional racism.
Commissioner Plummer: Question. Did Perry Anderson have an APM? Was he
covered under an APM?
Mr. Garcia: Yes, he was.
Commissioner Plummer: And he had that amount of office spelled out as to what
his severance would be?
Mr. Garcia: Right.
Commissioner Plummer: And yet the Manager did not have an APM and there is,
in my estimation, a major difference.
Mr. Garcia: Right.
Commissioner Plummer: Now, I want to ask another question which hasn't been
raised today. Have you calculated that if you gave these raises, and did not
take the monies back, but for pension purposes only, what would it cost the
taxpayers?
Mr. Garcia: If you give out the total pension?
Commissioner Plummer: If you gave out the total amount, the first year, as I
read it here,...
Mr. Garcia: Yeah. Well.
70
October 8, 1992
Lei
heir
Y'a• $gY
_
NS S
C
Commissioner Plummer: ... is a hundred and... The equivalent of one twenty
A two, and the second year is one forty. What would those two years cost the
taxpayers as opposed to the... Is it thirteen thousand that is proposed in
this, or fourteen thousand?
Mr. Garcia: Right.
Commissioner Plummer: OK. What is the difference?
Y
i Mr. Garcia: It would be like $45,000.
Commissioner Plummer: More.
Mr. Garcia: In total.
Commissioner Plummer: Is that correct?
Mr. Garcia: In total, yes.
Commissioner Plumper: For the two years?
Mr. Garcia: Right.
Commissioner Plummer: So in other words, giving him a benefit the way it is
proposed here is going to cost $25,000 less to the taxpayers than the proposal
of giving him a straight salary, 1s that...? Now make sure your numbers are
correct because I think it is very important that if we give him a straight
salary increase, as proposed here, one twenty-two and one forty, for the
record,...
Mr. Garcia: About $45,000.
Commissioner Plummer: ... you are saying that it would cost the taxpayers
$25,000 more money than what is proposed. Is that a correct statement?
Mr. Garcia: Yes, sir.
Commissioner Plummer: Thank you.
Commissioner Dawkins: Is it also a correct statement that even though, if you
give it to the Manager this way, it will cost the taxpayers how much?
Mr. Garcia: It is about $7,000 the first year, and an additional $7,000 the
second year, and then from there on it would be a total of...
Commissioner Dawkins: All right. What would this add to the... What amount
of money would this add to the Manager's salary that the pension plan has to
pick up? What amount?
Mr. Garcia: In total it is about $34,000 a year in additional salary.
Commissioner Dawkins: Thirty. All right. Hold it. Hold it. That is good
enough. So, therefore,...
71 October 8, 1992
�t"
f
l
d �1�
I
Commissioner plummer: Not an increase.
Commissioner Dawkins: ... through this movement we are saving the taxpayers
$26,000?
Mr. Garcia: No, no. No. I am sorry, Commissioner, I did not understand your
question.
Commissioner Dawkins: OK. Now somebody tell him 1n Spanish,
Mr. Garcia: No. What I said before... LO QUE YO LE DIJE ANTES AL
COMISIONADO FUE OTRA COSA DISTINTA. I am sorry but what I said is we have
already computed into the pension contribution seven and a half percent (7.5%)
increase in the Manager's salary...
Commissioner Dawkins: OK. Go ahead.
Mr. Garcia: ... so that amount is already there in the pension fund, and it
is being contributed every year for the Manager and every other employee of
the City.
Commissioner Plummer: But it is not.
Commissioner Dawkins: I still ask the question. Go ahead, J.L., I'll wait.
Commissioner Plummer: It is not thirty-four thousand a year.
Mr. Garcia: No, it is not. I am sorry. That was the wrong answer.
Commissioner Dawkins: OK. What will by allowing the Manager to take what is
over $120,000, I mean $106,000, and pay into the pension plan...
Commissioner Plummer: OK. There is the answer. You want to make the motion?
I will withdraw my motion. Let's give him the $122,000 this year, and
$140,000 next year. Nothing secret about it, excuse me, nothing hidden. OK?
Commissioner Dawkins: OK.
Commissioner Plummer: You are going to give him $25,000 more money. I was
trying to save some money.
Commissioner Dawkins: But you see... I would like for you to wait until I
get through with my reasoning and you will see where you haven't given us
anything. You are buying out what I am trying to show the public.
Commissioner Plummer: In respect to my colleague he said when he put those
papers on the desk he was finislied. That is when I started to speak.
Commissioner Dawkins: OK. All right.
Commissioner Plummer: I will, once again, bow to my colleague.
Commissioner Dawkins: I will defer to you and then I will come back.
72 October 8, 1992
Mayor Suarez: We need to take the inquiries one by one in sequence.
Commissioner Plummer: I just thought that the best thing, Mr. Mayor, you
know, I didn't feel that when the item appears on the agenda there was
anything sneaky about it. OK? Sneaky Petes used to be the things that would
come up at midnight after everybody has gone home, and the press was... in
the bathroom. Now, what I am saying to you is if my colleague feels that the
Manager is entitled to $25,000 more money than what is being proposed to give
him here, a man who has not had a raise, but one raise in seven years...
Commissioner Dawkins: That is a lie.
Commissioner Plummer: ... then let's do it that way, and it is totally open,
nobody got any secrets. I just tried to save some money, that is all.
Mayor Suarez: Yeah. And factually I don't remember it being just one
raise...
Commissioner Dawkins: That is right.
Mayor Suarez: ... you know, since he was appointed in 1985.
Commissioner Dawkins: He got three five percent (5%) raises.
Mayor Suarez: I remember a couple of times where one way or another the
salary has been higher. I mean I don't know what you call it, and when the
Commissioner talks about, Commissioner Dawkins talks about something sneaky I
don't think he means in a sense that it was something that people wanted to
sort of not have us be aware of, but that it is a subterfuge. It seems to be
an alternative and less logical simple straightforward way of giving more
compensation to someone. Whether one supports it philosophically or not, hey,
that is up to us to decide up here. Anything further on this item? Mr.
Dawkins.
Commissioner Dawkins: Getting back, Mr. Carlos, what would be, if the Manager
retires one year after he has $140,000 payment to his pension plan, what does
that add per month to his pension check?
Mr. Garcia: I think, in total, he will be getting about $56,000 a year in
pension.
Commissioner Dawkins: Hum?
Mr. Garcia: He will be getting, in total, about $56,000 in pension.
Commissioner Dawkins: What will that add to the $56,000?
Mr. Garcia: Well, no, that is the total. The addition between what he gets
today and what he would get with that additional increase would be about
$10,000 a year.
Commissioner Dawkins: Ten thousand?
Mr. Garcia: Yes.
73 October 8, 1992
k
Commissioner Dawkins: So you are saving the taxpayers $25,000, but you are
adding a liability on the pension plan of $10,000 a year for as long as he
Lives. So don't stand over there, and pretend to the public, that you are
saving twenty-five... the taxpayers $25,000, and you are doing the taxpayers
a hell of a favor when you are transferring a liability from the City of
Miami's payroll to the pension plan, which it will have to pay as long as he
lives which could be ten, fifteen or twenty years.
Mr. Garcia: Let me try to explain this. That will be the additional cost to
the pension plan, but when the pension plan comes back to the City and asks
for a City contribution, they look at every employee that they have and they
say those employees will be making...
Commissioner Dawkins: I don't care what we look at, sir. I am looking at
basic numbers.
Mr. Garcia: Well that... That... OK.
Commissioner Dawkins: You see, we can philosophize up here all day, you and
I, and you can present your point of view, I present mine, and it is up to the
people to look at it. But 1t is still $25,000 versus $10,000 per year after
he retires.
Mr. Garcia: Commissioner, I am just trying to give you the facts the best
that I can, you know, that is...
Commissioner Dawkins: That is all.
Mayor Suarez: All right.
Commissioner Plummer: Mr. Mayor, I go back to my original issue to see if it
will pass, which was the level at $25,000 less than what would be in the way
of an outright raise, and so, sir, I offer item 9.
Mayor Suarez: OK. So moved and I think it was seconded already, was it not
Madame City Clerk?
Ms. Matty Hirai (City Clerk): Yes, Mr. Mayor.
Commissioner Dawkins: All right.
Mayor Suarez: Quick question. Quick question. Wait a minute. I got a quick
question here. Commissioner Dawkins was citing from a consideration... I
forget what year was that that we were...
Commissioner Dawkins: Eighty-one. 10/81.
Mayor Suarez: Eighty-one?
Commissioner Dawkins: No, 191, I am sorry.
Mayor Suarez: OK.
74 October 8, 1992
tbR.u� .x:E
t t
Commissioner Dawkins: 10/91,
Mayor Suarez: Which had to do with another...
Mr. Od1o: That was taken out, Mr. Mayor.
Mayor Suarez: ... contract for compensation.
Mr. Odio: That was taken out.
Mayor Suarez: OK.
Commissioner Plummer: That never went.
Mayor Suarez: All right. I haven't gotten to my question yet. The
implications of that particular inquiry, at the time, was or that the
consequence was that if the Manager were dismissed, some substantial amount of
salary would be paid.
Commissioner Dawkins: It is the individual, not the Manager.
Mayor Suarez: Right.
Commissioner Dawkins: The individual. Look at the Chief of Police.
Mayor Suarez: OK. And well I thought you were, at one point, talking about
the Manager.
Commissioner Plummer: In 191 it was the Manager. Prior to that it was the
Manager, excuse me...
Mayor Suarez: 191 was the Police Chief.
Commissioner Plummer: 191 was the Police Chief.
Mayor Suarez: Right.
Commissioner Plummer: Discussion prior to that, and Mr. Mayor, for your
edification, that kind of discussion goes all the way back, in my knowledge,
to Mel Reese.
Mayor Suarez: OK. But I was...
Commissioner Plummer: I can remember the humongus argument here.
Mayor Suarez: ... not around during the Mel Reese times, and I was around
during the...
Commissioner Plummer: Well, I was.
Mayor Suarez: ... earlier discussion of this particular Manager...
Commissioner Plummer: Argued for two hours about one month was 30 days or
four weeks.
75 October 8, 1992
•
Mayor Suarez: ... who has coincided with my term of office, and at the time
19 for some reason, was less...
Commissioner Dawkins: Inclined...
Mayor Suarez: Well, yeah, I was equally inclined to be concerned about the
economic implications to the City, but for some reason, at that time, it was
stated to me in a way that maybe I should have just gone through the fine
print. Let me just make sure this time I have gone through the fine print
here. If he were dismissed tomorrow, there is no bulk payment of any sort
having to do with his salary, assuming that we do it in accordance with the
Charter, is that correct?
Mr. Garcia: If he has any kind of accumulated vacation time he will get that,
and that is it.
Commissioner Dawkins: He does not get the two weeks pay?
Mr. Garcia: No, sir he...
Commissioner Dawkins: That is in here.
Mr. Garcia: Right now?
Commissioner Dawkins: Yes.
Mr. Garcia: He doesn't get anything.
Commissioner Plummer: He is not covered by an APM.
Mr. Garcia: Right now he doesn't get anything except...
Commissioner Plummer: That is the point.
Commissioner Dawkins: What Section B says.
Mayor Suarez: OK. If we pass it now.
Commissioner Plummer: He said prior to.
Mayor Suarez: Now we are going to the next question here. Commissioner
Dawkins is leading me to the next question. If we pass it now, OK, and he is
dismissed, what lump sum compensation he gets other than pension? He gets the
fine APM you put in here, the sort of quasi APM?
Mr. Garcia: No, sir. He is not covered by the APM.
Mayor Suarez: Well, the substitute APM.
Mr. Surana: Section B.
Mr. Garcia: Section B.
Is
C.
October 8, 1992
Mayor Suarez: The one that is specifically earmarked for him. How much is
it?
Mr. Garcia: About $53,000.
Mayor Suarez: And that reflects what? Two weeks for each of the years that
he has served?
Mr. Garcia: Twenty-six weeks, yes.
Mayor Suarez: Now you said too that his pension would be $56,000. I think
you tried to say that that would not lead to any additional payments by the
City because that has already, somehow, been absorbed by calculations that
assume that he, like everyone else, would be getting seven and a half percent
(7.5%) increases et cetera. I think that is where you were trying to lead us.
Mr. Garcia: That is right.
Mayor Suarez: That is all fine and well, but now let me ask you a question.
I remember when the Manager was hired as Manager, in 185, my questioning, I
don't know that I did it publicly, but I certainly did it privately, in his
statement was that if he was dismissed he would be entitled to absolutely no
pension. I think that was, in part, because he had less than 10 years of
service in the City.
Mr. Garcia: Right. He wasn't vested at the time. Yes, sir.
Mayor Suarez: So now are you telling us, and don't read more into my
question. I just want a simple answer, mathematical answer that now, in this
particular case, assuming this is approved, that he has gone from a situation
where before, as Manager, because he was Manager in 185, November of 185, he
was entitled to zero by way of pension, and now by 1992 he is entitled to
$56,000 by way of pension benefits. Is that a correct statement?
Mr. Garcia: That is correct, yes.
Mayor Suarez: I mean I got the historical, mathematical historical sequence
right here, and that the economic consequence to us is limited to what you
stated it to be?
Mr. Garcia: Right.
Commissioner Plummer: Can I ask another question?
Mayor Suarez: One last one. If the new Manager... If a new Manager were
chosen, and if the new Manager were someone who also didn't have ten years in
the City, and didn't have any civil service rights, let's say civil service
benefits or vested rights, say someone from another municipality or something,
that somehow didn't come under our pension benefits in any way. That person
also could be hired and subsequently dismissed, our point is subsequently
dismissed by this Commission with no pension benefits.
Mr. Garcia: Yeah. I think the Manager will probably have two options. One
R is to join the City's pension plan, and wait ten years to be vested, or to
f
77 October 8, 1992
r'3
belong, maybe, to
the ICMA plan
for a 401A0 in which case
the person will
be... wi11 have
those benefits
accrued immediately. So
there are some
options there.
-
Mayor Suarez: Accruing immediately? You can do that?
Mr. Garcia: In the 401A, yes. Any monies you put in that, once you leave the
City you can take it with you or you can...
Mayor Suarez: Oh. But that is like your own plan. I mean you basically
contribute...
Mr. Garcia: It is a pension plan. It is not the 457 that we talked about
`= before.
�s
al Mayor Suarez: How much does the City have to contribute to that? I thought
�1 i�i that was basically your own.
Mr. Garcia: No, no, no. We are talking about different things. We are
talking about a 401 plan, which he doesn't have, but somebody else could have.
Mayor Suarez: I know that. That is why I was saying.
Mr. Garcia: Right.
Mayor Suarez: I remember in law firm them my submitting to me applications
for a 401, and it always seem to me like I was basically providing my own
pensions, in which case I would rather just take the money and put it into the
bank where it doesn't last any time because it is usually spent by me and or
my spouse.
i
Commissioner Plummer: Any pension you get you pay for.
Mayor Suarez: But I mean that doesn't have any consequence to the City.
Commissioner Plummer: Like it or not, one way or the other you are going to
pay for it. Pay me now or pay me later.
Mayor Suarez: The City doesn't contribute to a 401. So a new Manager could
be hired and would back, right back, where he was in 1985 with no... And
this... No pension benefits vested unless he had it because of civil service,
or number of years and all the other rules.
Mr. Surana: It is eight percent (8%). Your answer is eight percent.(8%).
Mayor Suarez: Eight percent (8%). The answer to what?
Mr. Surana: The 401. The City contributes eight percent (8%).
Mayor Suarez: Oh. The City does contribute on the 401. All right. But
initially vested rights of pension, a Manager could be hired tomorrow who was
not part of our City bureaucracy would have no pension benefits right off the
bat.
78 October 8, 1992
i
Mr. Garcia: Right.
Mayor Suarez: He would start off just like he did. And now in his particular
case, because of the number of years of service, and because of this
particular package, we are taking him up to $560000 a year, that is quite an
increase, folks, I just... My feelings. I had heard the figure of fifty, now
it is fifty-six. Anyhow, that is...
Mr. Garcia: Wei 1 that wi 11 be a year from now. You know, by the time his
fiscal year finishes.
Mayor Suarez: What if he doesn't last a year from now?
Mr. Garcia: Right now he may be entitled...
Mayor Suarez: I don't mean that he is going to die. I mean if we dismiss
him.
Mr. Garcia: He will be entitled to maybe fifty-three, fifty-four thousand
dollars.
Mayor Suarez: That is still...
Commissioner Plummer: What would a regular employee...
Mr. Garcia: About fifty thousand...
Commissioner Plummer: Excuse me. What would an Assistant City Manager, under
APM, be entitled to?
Mr. Garcia: You are talking about...
Commissioner Plummer: For 13 years.
Mr. Garcia: Your talking about a lump sum payment.
Commissioner Plummer: I am talking about an Assistant City Manager, under the
APM, what would...
Mayor Suarez: He is saying APM but he means pension. What are the typical
benefits?
Commissioner Plummer: ... he be entitled to for 13 years of service to the
City?
Mr. Garcia: Of pension, something similar to what he would be entitled to.
Commissioner Plummer: OK.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: There 1s a motion on the floor?
Commissioner Plummer: No, I had one other question.
79 October 8, 1992
t'F
Commissioner Dawkins: Go ahead.
Commissioner Plummer: Aside from... If passed, this APM, which in effect 1s
what it is, he would get the two weeks per year of severance. What other
benefits would he derive if he left the employ of the City of Miami?
Mr. Garcia: No other.
Commissioner Plummer: OK. Now spell out for me an Assistant City Manager,
who we know one that just left, got a car for six months, I think it was. Got
a cellular phone. Got his health insurance paid for. Tell me what a regular
APM Assistant City Manager gets on termination.
Mayor Suarez: Hey, hey. Whoa, whoa. I am sorry. And I don't mean to
interrupt you but who are you talking about that got a cellular phone, and a
car, and so on after they left here?
Commissioner Plummer: Tell me... Let me back track.
Commissioner Dawkins: Call names now.
Commissioner Plummer: Tell me...
Mayor Suarez: Well give us this Assistant City Manager who...
Commissioner Dawkins: Call the names first.
Commissioner Plummer: Tell me what the APM of an Assistant City Manager would
provide to that individual if he left the City employment...
Commissioner Dawkins: He would get nothing.
Commissioner Plummer: ... after 13 years of service.
Mr. Garcia: I think they can get...
Vice Mayor Alonso: It all depends.
Mr. Garcia: ... up to three months in salary.
Commissioner Plummer: Three months in salary.
Mr. Garcia: Right.
Mayor Suarez: Who is the Assistant City Manager...
Commissioner Plummer: What other... Wait a minute. What other benefits?
Mayor Suarez: At some point we need to know who is the Assistant City Manager
who left the City's employ with a phone, and a car and so on for six months?
Mr. Odio: No. There was no Assistant City Manager that left...
Y-
80 October 8, 1992
Mayor Suarez: Who was
the Assistant City Manager that left? I
don't know of
ally
Mr. Odio: I have no Assistant City Manager that left.
Mayor Suarez: Are you
talking about Janet Garborette?
Mr. Odio: No.
Commissioner Plummer:
No.
Commissioner Dawkins:
Well, who are you talking about then?
Commissioner Plummer:
Let me get my answer to my question.
Commissioner Dawkins:
Well you...
Mayor Suarez: There has
been no Assistant City Manager who has
left...
Mr. Odio: No. There
has not been any Assistant...
Mayor Suarez: ... with
the benefits described by the Commissioner.
Commissioner Dawkins:
Well then J.L. Plummer is lying.
Mr. Odio: No. There
is not...
Commissioner Dawkins:
J.L. Plummer is lying then.
Commissioner Plummer:
No. My terminology is wrong. I stand
corrected. It
was an Assistant to the
Manager.
Commissioner Dawkins:
OK. Who was the Assistant City Manager?
Commissioner Plummer:
Pablo Escorita [sic]. Escor, what's his
name? How do
you pronounce it?
Vice Mayor Alonso: Esquijarosa.
Mr. Odio: Esquijarosa.
Commissioner Plummer:
Esquijarosa.
Commissioner Dawkins:
Oh, OK. There, he sits out there. That
is all right.
Commissioner Plummer:
He got benefits from the City.
Commissioner Dawkins:
Yeah.
Mr. Odio: He got exactly what the APM calls for.
Commissioner Plummer:
And, again, my question is...
Mr. Odio: And I have
that...
81 October 8, 1992
4
} yr.
Commissioner Plummer: A City employee covered under an APM.
Mr. Odio: He got exactly what the APM called for.
Commissioner Plummer: What does he get in the way of a benefit when he would
leave...
Commissioner Dawkins: Whatever he can negotiate.
Commissioner Plummer: ... after 13 years of service. He gets three months,
you said, of salary. What else, tell me.
Ms. Sue Weller: All right. Under the APM, if someone leaves the City, other
than retirement...
Commissioner Plummer: Um -hum.
Ms. Weller: all right, that is covered by that APM, they receive ten days of
pay for the first five years, and then five days of pay, not to exceed 100
=' days of pay. Now, once they have that they also have entitled to them payment
for whatever vacation they have on the books. They also get sick leave
payment, and that is based upon the number of years of service.
Commissioner Plummer: That is what I am asking.
Ms. Weller: It is one quarter of your sick leave if you have been here seven
to fifteen years, fifteen years and beyond it is one half of your six leave.
Commissioner Plummer: Now, the bottom line, again, of my questioning is, does
the Manager get that?
i
Ms. Welter: The Manager would get the vacation pay. He would get the sick
leave pay based upon his years of service.
Commissioner Plummer: And that is it.
I? Ms. Weller: The APM references a...
Commissioner Plummer: Excuse me. I am told the Manager has no APM.
!� Mr. Odio: I have no APM.
Commissioner Plummer: That is the point...
Ms. Weller: Right.
Commissioner Plummer: ... I am trying to drive home.
Ms. Weller: Right.
Commissioner Dawkins: I got one question then I am going to make a motion. I
don't know why Commissioner Plummer continues to elude one fact.
82 October 8, 1992
Commissioner Plummer: OK. Let me see if I can help you.
Commissioner Dawkins: The City Manager is not a member of the ICMA because he
chose not to be. That is right. And you keep trying to equate what the
Manager is entitled to, or what the Manager gets, with what the ICMA gets,
when the Manager chose that he did not want those benefits. So now don't keep
mixing the apples and the oranges. Let's keep one on one. I have a
substitute motion.
Commissioner Plummer: Well, excuse me. Let me answer you please.
Commissioner Dawkins: Yeah.
Commissioner Plummer: The Manager is entitled to be a member of anything he
Is willing to pay for.
Commissioner Dawkins: But he chose not...
Commissioner Plummer: May I finish? Whether it is ICMA, an IRA, the City's
pension fund, a KEOGH, as long as he is paying for it. You said double
dipping. He can triple dip. He can quadruple dip...
Commissioner Dawkins: You see you are going off another end again, J.L.
Commissioner Plummer: ... if he pays his fair share into that plan.
Commissioner Dawkins: But you are going off on another end. The question
that you said was AACM left, AACM got X, da-da-da-da-da-da-da, and the
Manager... Then you asked the question in the same line of questioning, did
the Manager get that.
Commissioner Plummer: I said APM.
Commissioner Dawkins: The Manager cannot get that because he is not a member
of the ICMA. OK. I have a substitute motion.
Mayor Suarez: OK. Commissioner Dawkins.
Commissioner Dawkins: What is the motion on the floor, please?
Mayor Suarez: To approve the a...
Commissioner Plummer: Pass 9. Pass 9.
Mayor Suarez: ... the item as presented item 9.
Commissioner Dawkins: I move a substitute motion that we pay the City Manager
$140,000 a year, and that whatever that percentage is that that percentage be
added to the salaries of the City Attorney and the City Clerk, and that you
delete Section 9.
Commissioner Plummer: That is Section B. Isn't it?
83 October 1992
Comissioner Dawkins: The reason... OK. That is my motion. My substitute
motion*
Mayor Suarez: So moved. Substitute motion takes precedents if it is
seconded.
Commissioner Plummer: If it gets seconded, I'll need clarification on that
motion.
Mayor Suarez: Do we have a second on that motion? I think he means to
eliminate, from consideration, item 9, if this passes.
Commissioner Plummer: Nine or...
Commissioner Dawkins: No. No.
Mayor Suarez: The item presented in the agenda?
Commissioner Plummer: In lieu of.
Commissioner Dawkins: That is right. Eliminate... Pass Section A at
$140,000, eliminate Section B.
Mayor Suarez: All right. Any other...
Commissioner Dawkins: That is right.
Mayor Suarez: ... economic consequences of item 9.
Commissioner Dawkins: That is right.
Mayor Suarez: Just set the salary at one hundred and forty. That is the
motion. Do we have a second?
Commissioner Plunmer: Well, let me get on the record. I am voting against
the substitute motion. If it fails and the original motion fails I will come
back and vote for the substitute.
Mayor Suarez: Very good. Inappropriate, but very good.
Commissioner Plummer: Why is it inappropriate?
Mayor Suarez: We don't have a second yet. Why don't we wait to see if we
have a second,...
Commissioner Plummer: No. no. no. Excuse me.
Mayor Suarez: ... and then we will take your comments.
Commissioner Plummer: You are entitled to your opinion, as wrong as you may
be, but why is it inappropriate?
Mayor Suarez: We don't have a second yet.
84 October 8, 1992
Commissioner Plummer: I am sorry, thank you.
Commissioner Dawkins: OK. Since there is no second...
Commissioner Plummer: I am going to be around to remind you of that all day
long. You are going to regret that. Manny! Manny, where are you!
Mayor Suarez: I accepted your comments to the record and we did not rule you
out of order even though you are almost out of order. All right.
Commissioner Dawkins: Since the motion died for a lack of a second...
Mayor Suarez: That is inappropriate too. We got caught three times, I think,
under Mason's rules.
Commissioner Dawkins: OK. Now. Oh, I am sorry. Go ahead, Mr. Mayor.
Mayor Suarez: Do we have a second?
Commissioner Plummer: Miller, let's get rid of him.
Commissioner Dawkins: OK. Because...
Mayor Suarez: If I am not here, you guys are going to really be fighting it
out, I want you to know. All right. Third time. Do we have a second on the
motion? All right. Commissioner Dawkins.
Commissioner Dawkins: Since there is no second to the motion, I would like to
place...
=� Commissioner Plummer: No. There is a motion on the floor.
=1
Commissioner Dawkins: I would like to... Since there is no second to my
amendment to the motion.
Mayor Suarez: Your initial motion is the one on the floor. Right.
Commissioner Plummer: Sure.
Mayor Suarez: I would like to add into the records that I attempted to give
the same benefits to a woman, and nobody up here saw fit to do it, who happens
to be the City Clerk, and I also attempted to give the same kind of
consideration to the City Attorney, who happens to be black, and you can read
anything into that that you choose to read into it. Thank you.
85 October 8, 1992
Mayor Suarez: All right. On the...
Commissioner Plummer: For the record, let me state that we'll deal with
today's agenda item today, and if the lady and the City Attorney would like to
come back for consideration as another agenda item, then we'll deal with that
accordingly.
Mayor Suarez: The City Clerk and the City Attorney may or may not want to
bring up their respective situations as far as...
Commissioner Plummer: That's their...
Mayor Suarez: Wait, wait. Let me just finish my statement. You've made
yours. As far as my vote, the City Clerk and the City Attorney have a lot of
proving to do on their budgets and we're going to take those up, I believe...
Commissioner Plummer: The 22nd.
Mayor Suarez: ...on the 22nd. So, as far as I'm concerned, they ought to be
very busy with that, never mind compensation. All right. On the motion
before us, we have a motion and a second. Any further discussion? If not,
please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-628
A RESOLUTION AMENDING SECTION 8 OF RESOLUTION NO. 86-
11, ADOPTED JANUARY 9, 1986, AS AMENDED, THEREBY
MODIFYING CERTAIN COMPENSATION BENEFITS AND EMOLUMENTS
TO BE RECEIVED BY CESAR H. ODIO AS CITY MANAGER OF THE
CITY OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: That is... Since all of this discussion, let me
clarify, my vote is approving item 9. Yes.
86 October 8, 1992
Vice Mayor Alonso: I vote no and I'd also like to state for the record that
it has been a history in the City of Miami to create packages for different
individuals according to the particular case. Yes, phones have been approved.
Cars have been approved. Also, additional funding given to the particular
individuals has been a history of the City of Miami. I vote no.
Commissioner Dawkins: I'm voting no and I'd like to state for the record that
this is nothing unusual. The item never would have been scheduled on the
agenda if they didn't have three votes up here for it. I knew when it was
scheduled as an item, that there were three votes up here to pass it. There
was no problem. And it's the same three votes that have been voting together
ever since we've been up here. So, that's nothing new. So, I vote no and let
the three that have been generaling and running this Commission continue to
run it. I so vote no.
----------------------------------------------------------
NOTE FOR THE RECORD: At this point, Commissioner Plummer
thanks skip Shepar for his generous donation toward the
Orange Bowl re -carpeting project.
----------------------------------------------------------
22. PERSONAL APPEARANCE BY REPRESENTATIVES OF THE OVERTOWN INDEPENDENT
REVIEW PANEL TO PRESENT STATUS REPORT ON IMPLEMENTATION OF THE PANEL'S
FINAL REPORT AND RECOMMENDATIONS.
Mayor Suarez: Father Marquess Barry would like to hear from the Overtown
Advisory Panel. Sorry, again that we have taken up so many meetings without
getting to you and we appreciate the service you give voluntarily. Father
Marquess Barry, may we dispose of one item that I know was a strong, strong
recommendation from day one? And I believe it's reflected in the report.
That is the effort and the goals and the much fought for...
Commissioner Plummer: Mr. Manager?
Mayor Suarez: ...proposal to have in our Police Department at least 21
percent of the Department to be African -American, reflecting roughly the
workforce of the City of Miami. Is that one of the findings of your latest
report?
Reverend Marquess Barry: No. Mr. Mayor.
Commissioner Plummer: Father, could I interrupt for one minute?
Reverend Barry: Um-hmm.
Commissioner Plummer: Before Skippy Shepard leaves... Is he gone? Mr.
Mayor, I don't think we thanked Skippy Shepard for his donation that was on an
item this morning. He contributed out of his own pocket about $8,000 for the
rug in the Orange Bowl and I think that we should not just say we p,15sed a
motion. I think we should have said thanks.
87 October �r. 1992
a s��
17,
Mayor Suarez: Whatever ceremonial thing you deem appropriate.,,
Commissioner Plummer: OK.
Mayor Suarez: ...we'll be happy to do.
Commissioner Plummer: Father, I'm sorry. I thought he was still maybe in the
building. And that's why I was trying to catch him.
Mayor Suarez: A resolution or otherwise. Including, J.L., if you want to
prepare some kind of an artifact, widget or something to give him.
Commissioner Plummer: OK.
Mayor Suarez: We can post it at his building where we seem to have City
presence.
Commissioner Plummer: Father, I apologize.
Reverend Barry: In answer to your question, Mr. Mayor, at the present time,
blacks personnel in the Police Department totals 22.3 percent.
Mayor Suarez: So, we've exceeded the 21 percent goal. Is the workforce still
estimated... the general workforce of the City of Miami, to be 21 percent
African -American?
Reverend Barry: I don't know.
Dr. Hattie Daniels: In the 190 census there's about 25 percent.
Reverend Barry: Twenty-five.
Mayor Suarez: Up to 25 percent.
Reverend Barry: Yeah.
Mayor Suarez: So, we would... To continue trying to meet that goal we still
have to make strides.
Reverend Barry: Yes.
Mayor Suarez: All right. Sorry.
Reverend Barry: It is with a great sense of accomplishment and fond
appreciation and hope that I present the Overtown Independent Review Panel's
final report to the City Commission, January 10, 1991. In presenting their
report some 22 months ago, I advised the Commission that the report had been
prepared based on a rather extensive process which included the testimony of
numerous witnesses, a review of primary and secondary research materials, and
a tour of the neighborhood facilities and development projects. In addition
to these factors, the final report concerning economic issues, relative to the
Overtown civil disturbance, embodied the collective wisdom, experience and
reflections of the members of the panel, relative to economic and related
88 October 8, 1992
conditions in Overtown. The final report, which officially included the
Panel's nearly two year long investigation into the Overtown civil
disturbance, contained some ten Findings and 12 recommendations, which were
fully reflective of the panel's views, that immediate, dramatic and
comprehensive action was desperately needed to improve economic and social
conditions in Overtown. Throughout the 22 months since the issuance of the
final report, the panel and the community have awaited with some eager
anticipation. The Manager's periodical six-month progress reports on the
status of the recommendations, which the City Commission embraced through the
adoption of Resolution number 91-20... Therefore, it is this morning with
sincere anticipation that I have looked forward to the receiving... receiving
the City Manager's progress report. However, before hearing the Manager's
report I want to specifically acknowledge the Police Department's very
positive effort in maintaining this continuous progress reporting to the Panel
in the spirit of corporation and resolve which the Police Chief has
demonstrated in addressing the findings and recommendations regarding police
and community relations. In addition, I want to acknowledge the City Manager
for his leadership and Dr. Hattie Daniels and her staff, and also Mr. Tony
Crapp for his unwavering support of the ongoing efforts in carrying out the
intent of Resolution number 91-20. Having said this, I want to let this
Commission know that in the Panel's view, the City Manager's second status
report indicates the beginning of substantial progress towards the full
implementation of the recommendations of the Overtown Independent Review
Panel. We anxiously look forward to the continued progress as the various
City departments proceed with their ongoing monitoring and follow-up actions
relative to the recommendations. I want to thank the City Commission for this
opportunity to make these few remarks and I want you to please accept our
thanks and appreciation for your continued efforts and support in response to
the needs and concerns of Overtown. One further note. Back in May of 192, we
sent to the City Manager, and I believe to each of the Commissioners, a
resolution asking that the City Commission extend the Panel's life until all
of these recommendations were acted upon. And I don't know what you have done
with that.
Commissioner Plummer: Well, Father, I think it needs to go one step further.
And I think that the life of that Panel should not end at all. I think with
that Panel in place, they maybe don't want a new job. And whether you pick on
the same individuals who have done a good job to this very point, or have
other people on that Panel, I think it's an excellent thing to have people
from the outside, monitoring, looking in and giving us and the Administration
their views of what's going on. I use the same scenario when I speak of
panels that we have in the City for choosing bids and things of this nature.
The private sector, bar what some people would like to believe, are not
dummies. The private sector knows what's going on. And I think where I have
insisted upon any bidding or scenario that says there's a committee, that the
private sector be heavier than the in-house committee. And I think this is
the same thing that this committee, that you head up at this particular time,
should not be disbanded at all but be a continuing, ongoing, monitoring system
to report directly to this Commission and we will deal with it at that level
here.
Reverend Barry: I would... I might agree with that if one condition were
met.
October 8, 1992
^111A '
.y
Commissioner Plummer: No. We won't give you a raise.
Reverend Barry: No. I don't want a raise. Not from what I've seen this
morning.
Commissioner Plummer: Would you like a pension?
Reverend Barry: If we could have the same kind of professional assistance
that we received through Dr. Daniels in her office...
Commissioner Plummer: Nothing less, Father.
Reverend Barry: OK.
Commissioner Plummer: Nothing less.
Reverend Barry: OK.
Mayor Suarez: One quick question. We need... Mr. Manager, we need to make
sure that we have adequate police supervision of those doors back there. I
spend half the Commission meeting making sure that noise doesn't filter into
here. Father, if...
Reverend Barry: Are you going to make a report?
Mayor Suarez: If I were to analogize and say that a lot of the disturbances
that we have had in this community - civil disturbances and, in some cases,
widespread violence - can be said to be caused, in part, by the underlying
root causes of the whole life in impoverished areas of our City, hopelessness,
too much crime, too much unemployment, et cetera; and then, that that
underlying anger sometimes is lit up by an incident typically... not always,
but often involving the Police Department. Would you... Do you have any
findings, and any indications of any trends, as to whether the number of
incidents involving... not deadly force, we know that we have to analyze
those very carefully and I guess one could even say that now it's almost
automatic when the use of deadly force... There's more than one department
that investigates if there's any indication that the individual was not
committing a crime, particularly, but even when they were committing a mild
infraction of some sort, you know, that the U.S. Attorney, State Attorney, and
the whole bit, get very involved. But the simple complaints by citizens that
they're... that the handling by the police as not as courteous as it should
be, or whatever - is the frequency of those increasing or is it decreasing?
Do you have any feel for that since 1989?
Reverend Barry: Yes.
Mayor Suarez: I get a lot of complaints directed to me. I refer them to the
Manager and the Police Chief and typically they work their way to the other
board like this, which is really the Citywide Professional Compliance Board.
And I've not been able to get a handle on whether we're doing better or not as
well. I know that the officers reflect better the community. I know that we
now have a hurricane that has forced a lot of them to live in the City, which
we wanted them to be in the first place - more of them living in the City and
more aware of the conditions of the inner City. But I can't tell if the
frequency is increasing or not. I still get... You know, a certdin flow...
90 October 8, 1992
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i�
Reverend Barry: Well, we have not had that kind of ongoing mechanism to
monitor that sort of thing. But I can say this, that the number of calls that
I have received personally has decreased.
Mayor Suarez: Is that right?
Reverend Barry: Now, I don't know if that's an indication of anything, you
know. I used to get almost 10, 15 calls a week.
Mayor Suarez: Did you... Did you get calls from incidents that did not
happen in Overtown?
Reverend Barry: Oh, yeah.
Mayor Suarez: Because recently, of course, we've had the situation in
Wynwood.
Reverend Barry: Um-hmn.
Mayor Suarez: Two different situations that have sparked a lot of anger...
Reverend Barry: I was very instrumental behind the scenes in calming some of
the fears over there.
Mayor Suarez: We appreciate that.
Reverend Barry: Yeah.
Mayor Suarez: We appreciate that. And do you want to, as a final
clarification... do you want to introduce anyone else that participated in
the Panel or staff or anything? You've thanked Dr. Daniels. Anyone else
that...
Reverend Barry: These police officers we have. Stand up.
Mayor Suarez: All the members of the Panel. Doctor, do you want to introduce
into the record the names of the Panel members that are here and anyone else
that has worked hard at this.
Dr. Daniels: Oh, yes. We have Elmira Brown, who is a citizen and was
appointed to the panel; Officer Daniel Sanchez and Herma Justice, police
officer Herma Justice who's here.
Mayor Suarez: Yeah. Very appropriately named Officer Justice. Yes. And go
ahead. I'm sorry. I interrupted you, Doctor. Anyone else?
Dr. Daniels: That's all that's here. Mr. Tony Crapp, of course, is here,
whose served as the Records Custodian. And I also have with me...
Commissioner Plummer: You mean money bags.
Dr. Daniels: I have my staff person here, Maite Rodriguez, from the
Affirmative Action division.
91 October 8, 1992
1
3
•
Mayor Suarez: Very good. Just today, coincidentally, I got a package from
Dr. Marvin Dunn which reflected an editorial and some other things that he
said in 1989, all of which 1s oriented towards the issue of affordable
housing. Is this another one of your recommendations that we particularly go
out of our way to continue the efforts with St. John's Economic Development
and all the other ones that are busy out there? We've got... Mr. Manager,
we've got one from Christian Community Services, acting jointly with Reverend
White, another proposal for improvement of certain blocks. And, of course,
St. Agnes has been active in this area.
Reverend Barry: Um-hmm.
Mayor Suarez: What general recommendation do you have for us on this?
Reverend Barry: We have made rather specific recommendations...
Mayor Suarez: They're right in there.
Reverend Barry: ...concerning housing and we stand by those recommendations.
One of the things that we continue to field and have some mixed feelings about
is the fact that something really needs to be done with the Housing Code and
we realize...
Mayor Suarez: How so?
Commissioner Plummer: And you're backed up by Andrew.
Reverend Barry: We realize that that's beyond the Commission. Huh?
Commissioner Plummer: You're backed up by Andrew but not in the City.
Reverend Barry: Yeah. You know, what has happened so often in Overtown
specifically is that we have... the City has secured loans and have been a
partner to rehabbing buildings where nothing really has been done but just
cosmetic sorts of things - going in putting paint over the same little four by
four. And, you know, if you have a lot of people living in those little small
places you're going to have a tot of problems. You know...
Mayor Suarez: Certainly, in Overtown, you know that the quality of building
materials is not what it should be.
Reverend Barry: Sure.
Mayor Suarez: That if the buildings, the affordable housing projects, and the
public housing projects - if they were built better, people would be able
to... would be encouraged to maintain them and it would be easier to maintain
them. I mean...
Reverend Barry: Well, the problem... The thing is, Mr. Mayor and I've said
this over and over. The Manager has heard me say this and those on his staff
have heard me say this. There would be need to shoot at, instead of rehabbing
all of these rental properties, let's give those... enable people who would
like to make coops of those places, where they can own. If we can get more
92 October 8, 1992
T
yr'
people to own those places where they are living, become taxpayers and
whatnot, we're going to see a difference in the City of Miami.
Vice Mayor Alonso: Indeed,
Mayor Suarez: By the way, the coops are a very interesting in between...
Commissioner Dawkins, I'm sorry to take up the time you've requested. If you
would yield, I'd... They are very important for one thing that I had
forgotten. We haven't done too many in the City of Miami but coops are
important because individual owners a lot of times do not qualify for the
permanent loans.
Reverend Barry: That's right.
Mayor Suarez: Whereas a coop, it can be done in a collective way and
sometimes the financing is easier to obtain. We have not done too many in
Miami. I wish we had done more. Commissioner Dawkins?
Commissioner Dawkins: Father Barry, this Commission has attempted to do just
what you said. The Mayor has lobbied the quarterback. I have lobbied the
quarterback. Mr. Bailey lobbied the quarterback, because when he first came
in office he said that he was interested in private ownership. And each time
that either one of us went up there, he got to the line of scrimmage and
called an audible.
Mayor Suarez: God knows we've been there enough times.
Commissioner Dawkins: He has not called a play yet. It's all audibles. OK?
Reverend Barry: Um-hmn.
Commissioner Dawkins: But we... We started out with the housing project
behind your church. People in there want to own the units. We have sat down
and figured out how we... If somebody, HUD (Housing and Urban Development) or
somebody, give them to us for a dollar... We work with an organization that
you had sponsored, that you had sent to us... and keep the repairs down per
unit where the mortgage would be no more than the rent that they are paying.
Commissioner Plummer: I've got to have that other item back.
Commissioner Dawkins: We had... Norman Brayman went to Washington with it.
Everybody... But nobody, Father Barry, understands that we can do affordable
housing in Overtown. It's a stigma, see? Now, I'm happy to hear Homes for
Habitat say they're going down south. That's great. But the City of Miami
has its own housing unit. We have lots in Overtown that we can pick up on the
courthouse steps for a dollar. There's no reason why we cannot identify
people who want to live in the City of Miami and go in and build single-family
homes on single lots. There's no reason why it can't be done. And this
Commission... I think I speak for it. We pledge our support to you for that.
l Mayor Suarez: You're here from Greater Miami Neighborhoods are you? Could
you just step up to the mike for a second because Commissioner Dawkins said
something and I think we ought to get it on the record. And this is not, in
any way, derogatory of Habitat for Humanity - I think that's the correct
93 October 8, 1992
t y {
name - and former president Carter's efforts to build affordable housing. But
if we could get the media, every once in a while, to be as attentive to all
the community development groups and CBOs (Community Based Organizations) as
they are to Habitat for Humanity, which I think announced... How many homes
are they going to build in the wake of...
Mr. Bob Pollack: I think 200 over the next two years.
Mayor Suarez: Well, the headline I saw was seven. And the headline was the
size of, you know... The size of a riot. And, you know, the fact that
they're building seven... I love them to death for building seven but how
many has Greater Miami Neighborhoods have been a factor in now in the last
couple of years?
Mr. Pollack: Five hundred.
Mayor Suarez: And this community... I mean, this City has been instrumental
just in Overtown in building many, many times seven. And I just hope that
the... I hope that the media would give us just a little bit more... And not
us - the projects, the CDCs that are doing it, the Community Development
Corporations. The Miami Capitals that are helping in many, many ways to...
And, of course, the CBOs are out there. ...the indigenous groups that are out
there doing this and get some publicity because otherwise we have to go to
radio public service messages, the whole bit, to be able to put together these
packages. And a little bit more media exposure would really, really help.
Commissioner Dawkins: Commissioner De Yurre and I opened the first seven.
What street was that on, De Yurre?
Commissioner De Yurre: Fifty something.
Commissioner Dawkins: Fifty-eighth and fifteenth. We opened seven units...
What date... What year was that Mr. Bailey?
Mayor Suarez: That was last year.
Commissioner Dawkins: No, year... No. That's before. The houses on 58th
Street?
Mr. Herb Bailey (Assistant City Manager): 1990.
Commissioner Dawkins: Huh?
Mr. Bailey: 1990.
Mayor Suarez: That was ours.
Commissioner Dawkins: 1990. We put seven...
Mayor Suarez: Ours.
Commissioner Dawkins: Yeah. We put seven houses there to sell for less than
$59,000.
94 October 8, 1992
t
Mayor Suarez: Yeah. Those are ours. They hardly got any publicity.
Commissioner Dawkins: Now many more have we got, Mr. Bailey?
Mr. Bailey: I'm sorry?
Commissioner Dawkins: How many more do we have?
Mr. Bailey: Oh. I think about...
Mayor Suarez: Those are Liberty Homes.
Commissioner Dawkins: Um-hmm.
Mayor Suarez: Is that Liberty Homes Project?
Commissioner Dawkins: Yeah. How many of the homes do we have that we have
built and sold for $59,000?
Mr. Jeff Hepburn: In total about 33 at this point.
Commissioner Dawkins: Thirty-three? But that's... Like the man says, we
don't get any...
Mr. Hepburn: But it also includes Melrose's other project that the CDCs are
doing.
Commissioner Dawkins: No, no. I'm talking about single family homes.
Mayor Suarez: Jeff, can you see what...
Mr. Hepburn: In terms of what the City has done, roughly about 33.
Mayor Suarez: ...public relations... What...
Commissioner Dawkins: Yes, sir. What the City has built in single family
homes?
Mr. Hepburn: Scatter site. That's correct.
Commissioner Dawkins: Thirty?
Mr. Hepburn: Thirty-three.
Commissioner Dawkins: Thirty-three. And like the Mayor says, everybody gets
pleasure and gets something for it. The City of Miami has 33 homes that we
have built, Mr. Manager, and you don't see it 1n anything.
s Mayor Suarez: The Habitat ones...
:r
Mr. Odio: ...working on another 19 now.
} Mayor Suarez: ...from the first nail to the last nail are in the paper almost
every day. And God bless them again. That's good. I mean, it's attracting
95 October 8, 1992
FT
attention to a real problem and a real solution, but I wish that we were as
good... Maybe we ought to find out who their public relations are or what
their contact is with the palace of Malice by the Bay, otherwise known as the
Miami Herald, that they get in there every day. I mean, when the funding
first comes, when the ex -President first shows up, when the first nail is
driven, when the last... And, you know, it gets to the point that it sounds
like Greater Miami Neighborhoods doesn't exist. And our own Housing
Conservation Agency doesn't exist and we're not building many, many more
units. That's, I guess, the way the ball bounces. What item are you here on,
by the way?
Mr. Pollack: Highland Park.
Mayor Suarez: What item on the agenda?
Mr. Pollack: Thirteen.
Mayor Suarez: All right. We're going to get to it in a second. Thank you,
Father.
Reverend Barry: Thank you.
Mayor Suarez: Thanks to all the Panel members and we're going to keep trying.
23. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH OMNICOM, INC., TO CONDUCT A
FEASIBILITY STUDY OF A CONSOLIDATED LAW ENFORCEMENT AND FIRE / EMS
DISPATCH CENTER.
Mayor Suarez: Item 10, then.
Mr. Odio: This is the consultant for the dispatch center. By the way, Frank
May went to see the County yesterday.
Commissioner Plummer: Move it.
Mayor Suarez: So moved. Second. Any discussion? If not, please call the
roll.
96 October 8, 1992
e incur
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e
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-629
A RESOLUTION WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH OMNICOM, INC., TO CONDUCT A
FEASIBILITY STUDY OF A CONSOLIDATED LAW ENFORCEMENT
AND FIRE/EMS DISPATCH CENTER; ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $35,930.00, FOR
SAID SERVICES AS FOLLOWS: $17,965.00 FROM ACCOUNT NO.
506001-270, $8,932.50 FROM ACCOUNT NO. 290301-270, AND
$89982.50 FROM ACCOUNT NO. 280401-270.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
24. AMEND RESOLUTION 91-513 WHICH WAIVED APPLICABLE FEES FOR USE OF SPACE IN
MANUEL ARTIME COMMUNITY CENTER FOR LIONS HOME FOR THE BLIND, INC. --
INCREASE AMOUNT OF WAIVED FEES TO $15,000 AND CHANGE PERIOD COVERED
(APRIL 19 1992 - JUNE 30, 1993)
Mayor Suarez: Item 11.
Commissioner De Yurre: Move.
Mayor Suarez: Moved.
Commissioner Plummer: Second.
Vice Mayor Alonso: Uh...
Mayor Suarez: Second. Commissioner... Vice Mayor.
Vice Mayor Alonso: Just a minute. Yes. I have to make some corrections in
reference to this item.
97
October 8, 1992
Mayor Suarez: This is the one you handed out this morning.
Vice Mayor Alonso: Yes. I've been asked to make some amendments to this
resolution and the first one reads as follows: [AT THIS POINT, THE VICE MAYOR
READ THE RESOLUTION INTO THE RECORD.]
Commissioner Plummer: That's what's on the agenda.
Mayor Suarez: So...
Vice Mayor Alonso: This was a mistake that they omitted...
Mayor Suarez: So modified.
Vice Mayor Alonso: ...three months.
Mayor Suarez: So modified. Does the movant accept that and the second? J.L.
and Commissioner De Yurre?
Commissioner Plummer: Fine.
Mayor Suarez: Yes. So moved and seconded with those modifications. Any
discussion? If not, please call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-630
A RESOLUTION AMENDING RESOLUTION NO. 91-513, ADOPTED
JULY 11, 1991, WHICH WAIVED APPLICABLE FEES FOR USE OF
SPACE CONSISTING OF ROOM NOS. 403-407 IN THE MANUEL
ARTIME COMMUNITY CENTER FOR THE LIONS HOME FOR THE
BLIND, INC., THEREBY INCREASING THE AMOUNT OF SAID
WAIVED FEES FROM AN AMOUNT NOT TO EXCEED $12,000 TO AN
AMOUNT NOT TO EXCEED $15,000 AND FURTHER CHANGING THE
PERIOD FOR SAID WAIVER FROM THE PERIOD COMMENCING
OCTOBER 1, 1991 THROUGH SEPTEMBER 30, 1992, TO THE
PERIOD COMMENCING APRIL 1, 1991 THROUGH JUNE 30, 1992.
(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:
98 October 8, 1992
zx
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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.
------------------------------------------------------------------------------
25. WAIVE APPLICABLE FEES ($12,000) FOR USE OF SPACE IN MANUEL ARTIME
COMMUNITY CENTER BY LIONS HOME FOR THE BLIND, INC. FOR PERIOD JULY 1,
1992 - JUNE 30, 1993.
------------------------------------------------------------------------------
Vice Mayor Alonso: Also, I have an additional resolution that it will then
coincide with the dates stated on the printed material. [AT THIS POINT, THE
VICE'MAYOR READ THE RESOLUTION INTO THE RECORD.] I so move.
Mayor Suarez: So moved.
Commissioner Plummer: That's what we just passed.
Vice Mayor Alonso: No. It is the same length of time that is here but it had
to be changed in two resolutions to include the dates that were omitted before
and that's why we had to do this.
Commissioner Plummer: OK.
Commissioner De Yurre: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-631
A RESOLUTION WAIVING APPLICABLE FEES, IN AN AMOUNT NOT
TO EXCEED $12,000, FOR USE OF SPACE CONSISTING OF ROOM
NOS. 403-407 IN THE MANUEL ARTIME COMMUNITY CENTER BY
LIONS HOME FOR THE BLIND, INC. FOR THE PERIOD
COMMENCING JULY 1, 1992 THROUGH JUNE 30, 1993, SUBJECT
TO SUCH CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE ADMINISTRATION OF THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
99 October B, 1992
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
26. DISCUSS AND WITHDRAW PROPOSED RESOLUTION AUTHORIZING MANAGER TO ISSUE
FOUR INVITATIONS TO BID FOR SALE OF CITY -OWNED PROPERTIES: (a) VACANT
LOT ON N.E. 4TH COURT AND 69TH STREET; (b) TWO NON -WATERFRONT LOTS ON
NORTH SIDE OF S.W. NORTH RIVER DRIVE AND S.W. 1ST STREET; (c) VACANT
TRACT KNOWN AS MUNICIPAL SHOP TRACT ANNEX ON N.W. 20TH STREET AND LOTH
AVENUE; AND (d) FORMER FIRE STATION NO. 14, 151 N.W. 27TH AVENUE --
------------------------------------------------------------------------------
Mr. Cesar Odio (City Manager): Mr. Mayor?
Mayor Suarez: Mr. Manager?
Mr. Odio: No. On Item 12, I would like to leave it as is but withdraw number
four, which is former fire station...
Commissioner Dawkins: OK. Mr. Manager... Mr. Manager, I'm going to make a
motion that this...
Mayor Suarez: On Item 12?
Commissioner Dawkins: ...that this be withdrawn and that we sit down with
you...
Mr. Odio: OK.
Commissioner Dawkins: ...and see what pieces of these properties that we can
put affordable housing on and then we sell those that the City of Miami can't
use.
Mr. Odio: OK. But... OK. That's fine, Commissioner. What I was going to
say is that on the fire station number 14 the FOP (Fraternal Order of Police)
has indicated an interest...
Commissioner Dawkins: Yeah. That they... a desire for that. OK.
Mr. Odio: ...on that property.
Commissioner Dawkins: So you want to withdraw that in total?
100
October 8, 1992
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Mr. Odio: That one. Number four, yes. And if you want to, why don't we
withdraw the whole thing then and... until we...
Commissioner Dawkins: OK. All right. And then we can come together.
Mr. Odio: Yes,
Mayor Suarez: OK. Do you need a...
Commissioner Dawkins: I make a motion that we withdraw Item 12.
Mayor Suarez: Item 12. And do you need any instructions to work with the
three sites that make sense for affordable housing and see what we can come up
with?
Mr. Odio: No. We'll do it but if...
Mayor Suarez: All right.
Mr. Odio: If you would allow, could I go ahead and... What the FOP wants
is... I think, is that the City will give them this building... the fire
station 14 and I think it would be better than the FOP.
Commissioner Dawkins: What they said, Mr. Manager, to me, Mr. Mayor...
Mr. Odio: Yeah.
Commissioner Dawkins: I don't know if they've been to see any of you.
They're interested in building a new... acquiring a new administration
building.
Mr. Odio: Yes.
Commissioner Dawkins: And since I already... Now, this is what they told me.
Since I'm always complaining that they don't pay taxes, at least they'll have
a building in the City that pays taxes.
Commissioner Plummer: They're a tax exempt organization.
Mr. Odio: They are tax exempt, right?
Commissioner Plummer: Sure they are.
Mr. Odio: But if you want to take that now... I mean, I would recommend
that...
Commissioner Plummer: They've got a new property up for sale. What is it?
They're looking for $5,000,000?
Mayor Suarez: I'm not aware of that but I think we ought to separate it.
Commissioner Dawkins: Separate it.
101 October 8, 1992
Mayor Suarez: Yeah. I think, Mr. Manager, what we've said so far is fine.
Commissioner Plummer: Yeah. that's right. It is PBA.
Commissioner Dawkins: Bring them on.
Mayor Suarez: You...
Commissioner Dawkins: Bring them on.
Mayor Suarez: Yeah. Let's hear further about that but we're withdrawing it
from this item which would have put them for sale...
Mr. Odio: OK.
Mayor Suarez: and you can continue those negotiations. I'd like to be more
apprised of exactly what McKewen and Company have in mind.
Mr. Odio: McKewen...
Mayor Suarez: Yes? All right.
-----------------------------------------------------------------------------
27. RATIFY RESOLUTION 91-256 WHEREBY URBAN LEAGUE OF GREATER MIAMI, INC.
APPROVED, IN PRINCIPLE, AS THE PROJECT SPONSOR TO UNDERTAKE DEVELOPMENT
OF A 35 UNIT AFFORDABLE RENTAL HOUSING PROJECT FOR DEVELOPMENT ON CITY -
OWNED HIGHLAND PARK SCHOOL SITE -- AUTHORIZE MANAGER TO EXECUTE i
CONVEYANCE OF SCHOOL SITE AND MEMORANDUM OF AGREEMENT.
Mayor Suarez: All right. Item 13. Thirty-five unit affordable rental
housing project...
Commissioner Plummer: Move it.
Mayor Suarez: ...planned for...
Vice Mayor Alonso: Second.
Mayor Suarez: Moved and seconded. Urban League of Greater Miami. Any
discussion? I was going to ask before, when Father Marquess Barry was here,
if... talking about construction materials and equipment, did the special
mini -heaters that were used in Rainbow Towers, have those worked out? Has
anybody looked back at those? They're water heaters that are like, about this
big. No tank. No storage of hot water. Anyhow, they look... They look kind
of dangerous, actually but apparently they're state of the art.
Commissioner Plumper: Mr. Manager?
Mr. Odio: Yeah.
Mayor Suarez: And...
102 October 8, 1992
Comissioner Plummer: Excuse me.
Mayor Suarez: ...they occupy a tot less space, obviously. And, presumably,
they do a good job.
Commissioner Plummer: Does this agreement have a provision, since this is
rental, that if for any reason the Urban League ever abandons this project, it
reverts back to the City of Miami?
Mr. Jeff Hepburn: We'll make sure to incorporate that 1n the agreement. It's
not in there now but we'll put that 1n there.
Commissioner Plummer: At any time that the Urban League abandons or does not
be involved 1n this project...
I Mr. Hepburn: OK. All right.
Zi
Commissioner Plummer: ...it reverts back to the City of Miami, of course.
Mr. Hepburn: Boiler plate. Yeah. Is that all?
Mr. Odio: This should be standard in all contracts...
Commissioner Plummer: I think it should be standard in every contract.
Mr. Odio: ...and we'll pull it out if you don't want it.
Commissioner Plummer: OK. I've moved 13, Mr. Mayor.
Mayor Suarez: So moved. Second. Give us your name and...
Mr. Oliver Gross: Oliver Gross on behalf of the Urban League of Greater
Miami .
Mr. Bob Pollack: Yes. I'm Bob Pollack with Greater Miami Neighborhoods.
We're -copartners with the Urban League in the project. We have one request
relating somewhat to Hurricane Andrew. The project right now is... it has
all its financing in place. It's currently being bid for construction. We
are concerned, somewhat, about the raise in construction prices due to the
hurricane. In that regard, we're requesting one of two items in relationship
to the land price of the project. One, that it either be waived by the City -
the City has no other funds in the project; or, that we put a due on sale
clause, that if the property is sold... when the property is, at the end of
fifteen years... at a minimum, the funding for the sale of the land from the
City of Miami would be due at that time.
Commissioner Plummer: In return are you willing to give us a share of the
revenues from the rentals?
Mr. Pollack: The project is being done as a low income housing tax credit
project and it's... Basically there...
Commissioner Dawkins: The tax credits do not produce revenue?
103 October 8, 1992
Mr. Pollack: No, they don't sir. All of the revenue in the project...
Commissioner Dawkins: No...
Mr. Pollack: ...is going into...
Commissioner Dawkins: So, wait a minute. Hold it.
Mr. Pollack: ...into an operating reserve fund to maintain the project.
Commissioner Dawkins: Hold it. All of the money that's going to be generated
by the project goes to get rid of debt service.
Mr. Pollack: It goes to get rid of debt service and into operating and
maintenance reserves.
Commissioner Dawkins: And nothing else?
Mr. Pollack: That's correct.
Mayor Suarez: But if you were to make profits, obviously, you would share
them with the City. Are you legally...
Mr. Pollack: I think we would be legally...
Mayor Suarez: ...constrained from having any...
Mr. Pollack: I think that I would have to talk to my...
Mayor Suarez: You would have to adjust the prices accordingly. Is that what
you are saying, of the rentals?
Mr. Pollack: Well, I would also have to talk to my attorney about what effect
that would have on the...
Mayor Suarez: All right.
Mr. Pollack: ... limited partnership arrangement.
Mayor Suarez: I guess they are not really suppose to function with any kind
of profit is what it comes down to.
Commissioner Plummer: Mr. Mayor, the problem is, is if we don't acquire this
money for this parcel how can we continue to enhance this program in the
future?
Mayor Suarez: Well what is being proposed? Maybe I missed something. Jeff,
what is this?
Commissioner Plummer: A hundred and seven thousand five hundred dollars, that
is what they are suppose to be paying us.
104 October 8, 1992
..-4J
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Mayor Suarez: How are we, ultimately, going to get that back the way it is...
Is it a grant?
Mr. Hepburn: At this point it is a pay back to the City. It is not a grant.
Commissioner Plummer: It is a loan.
Mr. Hepburn: It is not a grant. It is a loan.
Mayor Suarez: But he is saying that he wants to pay it...
Commissioner Plummer: Nothing.
Mr. Pollack: Either nothing or at the end of the...
Mayor Suarez: At the end of 15 years.
Mr. Pollack: ... fifteen year partnership period.
Mayor Suarez: We did it... Let's see. We did it at least one of the
scattered site projects with a ten year payment of principal and only interest
in the meantime. I think we have done two like that. Here he is saying no
interest, no principal until 15 years from now.
Mr. Hepburn: Yeah. The way it sounds to me it would be a mortgage for a
hundred and seven, and the City would get paid...
Mr. Pollack: A hundred and seven...
Commissioner Plummer: At what interest rate?
Mr. Pollack: We would negotiate that with the City.
Comm ssioner Plummer: No, no, no. You negotiate it now if we are going to
approve it.
Mayor Suarez: What is the typical interest that we were charging on those
other ones when we did interest only?
Commissioner Plummer: Seven, eight percent.
Mr. Hepburn: No. Roughly about three percent (3), I think.
Mr. Pollack: We could go to five or six.
Commissioner Plummer: Five percent (5%)?
Mr. Pollack: Yeah.
Commissioner Plummer: That sounds good.
Mayor Suarez: Five percent (5%) and lump sum 1n 15 years?
Mr. Pollack: Yes.
105 October 8, 1992
Mayor Suarez: You want to make that modification?
Commissioner Plummer: No. The others were ten, and I think we ought to do
that here.
Mr. Pollack: Well again the term of our partnership is a 15 year term. All
the financing is...
Commissioner Plummer: You are talking about $107,000 over ten years. You are
talking about a $10,000 payment a year? Is your project that marginal?
Mr. Pollack: We try to keep the rents as low as possible.
Commissioner Plummer: That is not my question. Is your project that
marginal?
Mr. Hepburn: Yes.
Mr. Pollack: Yes.
Commissioner Plummer: OK. Fifteen years at five percent (5%), fine.
Mayor Suarez: With those modifications, we have a motion and a second on item
13. Payment back to the City will be lump sum principal in 15 years. In the
meantime interest at five percent (5%). That is payable yearly, right?
Mr. Oliver Gross: That is OK.
t
A
Commissioner Plummer: I move it.
73
Mayor Suarez: Yeah. I think otherwise it is silly.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not please call the
=
roll.
Commissioner Plummer: Excuse me. Is there a provision, Mr. Manager, that the
people, the recipients... How many units is this? ;'-
Mr. Pollack: Thirty-five.
s
Commissioner Dawkins: Thirty-two.
Commissioner Plummer: Thirty...
Mr. Pollack: Thirty-five. -
Commissioner Plummer: Thirty-five. That those residents will be residents of
the City of Miami? Is there a stipulation in there to that affect?
Mr. Pollack: There will be, I mean, eventually.
106 October 8, 1992
V
Commissioner Dawkins: No. We will put it in.
Commissioner Plummer: Well, no, no, no. Hey, you home folks.
Commissioner Dawkins: Put it in, J.L.
Mr. Odio: Nick, put it in. Put 1t in.
Commissioner Dawkins: Put it in.
Commissioner Plummer: I want in the contract that those rental units have to
be City residents. God knows 1n that area you got more City residents that
need housing than you can shake a stick at.
Mr. Herb Bailey (Assist. City Manager): Is that first preference or absolute?
Commissioner Plummer: No, sir. Absolute.
Commissioner Dawkins: No. In total.
Mr. Pollack: That may violate federal fair housing regulations.
Commissioner Plummer: Mr. Bailey, since you are going to be moving into the
City we will make one available to you, sir. You live in the City now?
Mr. Bailey: I live here just like you.
Mr. Odio: Yeah. He has always lived in the City.
Commissioner Plummer: So be it. You pay five thousand a year?
Commissioner Dawkins: What do we violate in the federal regs with this?
Mr. Pollack: I think it is discrimination if we say we are only able to rent
the property to...
Commissioner Dawkins: Not if they are white, black and Latins it is not
discrimination.
Mr. Pollack: I think we could give a first preference...
Commissioner Dawkins: And women.
Commissioner Plummer: Is it not discrimination asking us to give you money
for nothing? Hello. I didn't hear your answer.
Mr. Hepburn: We won't touch that one, Commissioner Plummer.
Commissioner Plummer: Thank you, sir.
Commissioner Dawkins: Hey. Wait a minute now.
Commissioner Plummer: Go away and sin no more.
107 October 8, 1992
}
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Commissioner
Dawkins: Wait. No. They have
not agreed.
Commissioner
Plummer: Oh. they haven't?
Commissioner Dawkins: No, sir.
Commissioner Plummer: So be it. I move to deny.
Mr. Pollack: We agree.
Commissioner Plummer: I am glad you saw... You know.
Mayor Suarez: Moved and seconded. Any further discussion? If not please
call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-632
A RESOLUTION, WITH ATTACHMENTS, RELATING TO THE
DEVELOPMENT OF A 35-UNIT AFFORDABLE RENTAL HOUSING
PROJECT PLANNED FOR DEVELOPMENT ON THE CITY -OWNED
HIGHLAND PARK SCHOOL SITE BY THE URBAN LEAGUE OF
GREATER MIAMI, INC. (A NOT -FOR -PROFIT CORPORATION);
RATIFYING, APPROVING AND REAFFIRMING RESOLUTION NO.
91-256, ADOPTED APRIL 11, 1992, WHEREBY THE MIAMI CITY
COMMISSION APPROVED, IN PRINCIPLE, THE AFOREMENTIONED
NOT -FOR -PROFIT CORPORATION AS THE PROJECT SPONSOR TO
UNDERTAKE THE DEVELOPMENT OF A LOW DENSITY RESIDENTIAL
PROJECT TO BE LOCATED ON SAID PARCEL; ESTABLISHING
$107,500 AS THE ACQUISITION AMOUNT TO BE PAID IN 15
YEARS TO THE CITY BY THE PROJECT SPONSOR; AUTHORIZING
THE CITY MANGER TO EXECUTE THE APPROPRIATE LEGAL
DOCUMENTS FOR CONVEYANCE OF THE HIGHLAND PARK SCHOOL
SITE, WHICH IS MORE PARTICULARLY AND LEGALLY DESCRIBED
IN THE ATTACHED EXHIBIT "A", TO THE URBAN LEAGUE OF
GREATER MIAMI, INC.; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY
OF MIAMI AND THE URBAN LEAGUE OF GREATER MIAMI, INC.
IN CONNECTION WITH THE PROPOSED HOUSING PROJECT
CONTAINING PROVISIONS FOR INTEREST PAYMENTS AND
PREFERENCE TO CITY RESIDENTS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
108 October 8, 1992
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.
Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: What is the address?
108.1 October 8, 1992
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Mr: Pollack:
Mayor Suarez:
It 1s 11th Street and ith Avenue.
Thank you.
Commissioner Plummer: It is right across from Metro Rail.
Mr. Pollack: Yes.
Commissioner Plummer: It is the old school.
Mr. Pollack: Highland Park School, right.
Commissioner Plummer: Yeah.
Mr. Gross: Thank you.
28. APPROVE RECOMMENDATION OF COMPETITIVE SELECTION COMMITTEE OF THE THREE
MOST QUALIFIED FIRMS TO PROVIDE PROFESSIONAL PLANNING AND DESIGN
SERVICES, INCLUDING ENVIRONMENTAL ASSESSMENT STUDIES AND PREPARATION OF
CONSTRUCTION DOCUMENTS FOR THE PROPOSED AIR TRANSPORTATION SERVICE
FACILITY AT WATSON ISLAND.
------------------------------------------------------------------------------
Mayor Suarez: Item 14.
Mr. Odio: Mr. Mayor, if you recall last year and the year before we have been
getting... This is from a federal grant that we received $300,000 a year to
develop this...
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: Well. Whoa. Whoa. Whoa. Let's don't be in to big a
hurry here now.
Commissioner Dawkins: Why?
Mr. Odio: Yeah.
Commissioner Plummer: Well let me tell you the reason why, Mr. Dawkins.
Commissioner Dawkins: Um -hum.
Commissioner Plummer: How many acres of Watson Island are they going to use?
Commissioner Dawkins: All of it.
Commissioner Plummer: That is the point.
109 October B. 1992
�.:
Mayon Suarez: No, no. It is minimal. It is minimal.
Mr. Jack LOU About three.
Commissioner Plummer: How much?
Mr. Luft: About three.
Mr. Odio: Three acres. It is only three acres.
Commissioner Plummer: OK. All right. And what are we, the City, going to
derive in revenue?
Mayor Suarez: We will have a heliport.
Mr. Luft: The City will be able, for the first time, to begin charging for
municipal services to that facility. Police, fire, sanitation...
Commissioner Plummer: Who will control the facility?
Mr. Luft: The City of Miami. It is a municipally owned facility.
Commissioner Plummer: It would be our facility?
Mr. Luft: Our facility.
Mr. Odio: Our facility.
Commissioner Plummer: Where will 1t be located on the problem [sic]?
Mr. Odio: I tell you, Commissioner, now that we lost Tamiami also, this has
become more important.
Commissioner Plummer: And how long, under the terms of the federal grant, do
we have to operate that facility as a transportation center?
Mr. Luft: Twenty years.
Commissioner Plummer: OK. I just want the Commission aware that if you
wanted to try, some day, to put some kind of nice development...
Mr. Odio: You can pay it back.
Commissioner Plummer: OK. Yeah. You can pay it back. That is the problem.
Mr. Odio: No. Let's say you decide to go ahead with this and you obtain a
$400,000 grant from them, right.
Mr. Luft: That is right.
Mr. Odio: And you want to develop the property five years from now. We will
pay the grant back.
Commissioner Plummer: And the grant was $300,000.
110 October 8, 1992
Mr. Odio: Yeah.
Mr. Luft: That is correct.
Commissioner Plummer: One time?
Mr. Odio: Yes.
Mr. Luft: It is ours as long as we want to ask for it. It is there every
year...
Commissioner Plummer: Where...
Mr. Luft: Indefinitely.
Commissioner Plummer: OK. Where is the money to build the facility?
Mr. Luft: Same grant. It occurs every year and it has been increased by
federal legislation, earlier this week, to four hundred thousand a year.
Commissioner Plummer: So, in other words, the construction money...
Mr. Luft: It can be used for construction and planning. Whatever we want to
use it for.
Commissioner Plummer: What is the estimated cost of the facility?
Mr. Luft: I have no idea until we do the plan.
Commissioner Plummer: Well then how in God's name can you come here and ask
me to vote for it if you don't know the answers?
Mr. Luft: This is just for the planning.
Mr. Odio: We need to know...
Mr. Luft: This is just to get the plan done, and then we will bring the
contract back to you. Then we will bring the plan back to you.
Commissioner Plumper: Oh. This is not the final.
Mr. Odio: No.
Mr. Luft: This just is just to prepare the...
Commissioner Plummer: OK. So we still reserve the right to say no.
Mr. Luft: That 1s correct.
Commissioner Plummer: Fine.
Vice Mayor Alonso: It is the same thing that came to the Commission before.
111 October 8, 1992
Mr. Odio: Last year you chose give the money to the County.
Commissioner Plummer: The problem, as I recall, Mr. Manager, is that this
facility to construct is going to be in excess of a million dollars.
Mr. Odio: Well, but we can obtain grants to do that and we also show revenues
to offset any costs of building there, Commissioner. And I tell you the
location is ideal for helicopters. Ideal.
Commissioner Plummer: OK. But we will control it.
Mr. Odio: Yes.
Commissioner Plummer: OK. Call the roll.
Mayor Suarez: OK. Do we have a second on the motion?
Vice Mayor Alonso: Yes.
Mayor Suarez: Call the roll on the item.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-633
A RESOLUTION APPROVING THE RECOMMENDATION OF THE
COMPETITIVE SELECTION COMMITTEE OF THE THREE MOST
QUALIFIED FIRMS, IN THE RANKED ORDER SUBMITTED BY THE
CITY MANAGER, TO PROVIDE PROFESSIONAL PLANNING AND
DESIGN SERVICES INCLUDING ENVIRONMENTAL ASSESSMENT
STUDIES AND PREPARATION OF CONSTRUCTION DOCUMENTS FOR
THE PROPOSED AIR TRANSPORTATION SERVICE FACILITY AT
WATSON ISLAND; AUTHORIZING THE CITY MANAGER TO
COMMENCE CONTRACT NEGOTIATIONS PURSUANT TO CITY CODE
SECTION 18-52.3(g), FOR A COMPENSATION WHICH IS FAIR, -
COMPETITIVE AND REASONABLE; DIRECTING THE CITY MANAGER
TO PRESENT THE NEGOTIATED CONTRACT TO THE CITY
COMMISSION FOR ITS REVIEW AND APPROVAL PRIOR TO ITS
EXECUTION.
(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:
112 October 8, 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.
29 AUTHORIZE MANAGER TO EXECUTE AMENDMENT NO. 8 TO AGREEMENT WITH DELOITTE
AND TOUCHE (CERTIFIED PUBLIC ACCOUNTANTS), IN ASSOCIATION WITH (a)
SHARPTON, BRUNSON AND COMPANY, PA; (b) VERDEJA, IRIONDO AND GRAVIER; AND
(c) WATSON AND COMPANY, PA -- FOR EXTERNAL AUDITING SERVICES RELATED TO
COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FY ENDING SEPTEMBER 30, 1992.
------------------------------------------------------------------------------
Mayor Suarez: Item 15.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion? If not please call the roll on 15.
113 October 8, 1992
C
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-634
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 8, IN SUBSTANTIALLY
THE ATTACHED FORM, TO AN AGREEMENT BETWEEN THE CITY OF
MIAMI AND DELOITTE & TOUCHE, CERTIFIED PUBLIC
ACCOUNTANTS, IN ASSOCIATION WITH SHARPTON, BRUNSON &
COMPANY, P.A., VERDEJA, IRIONDO & GRAVIER, AND WATSON
& COMPANY, P.A. FOR EXTERNAL AUDITING SERVICES RELATED
TO THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR
FISCAL YEAR ENDING SEPTEMBER 30, 1992; PREPARATION OF
ANNUAL COMPLIANCE REPORTS REQUIRED BY BOND INDENTURES
FOR THE MIAMI CONVENTION CENTER AND THE GOVERNMENT
CENTER PARKING GARAGE FINANCINGS, AND PREPARATION OF A
SEPARATE AUDIT REPORT FOR THE SOUTHEAST
OVERTOWN/PARKWEST REDEVELOPMENT TRUST; ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $330,000,
FROM THE FISCAL YEAR 1993 OPERATING BUDGETS OF THE
DEPARTMENT OF CONFERENCES, CONVENTIONS, AND PUBLIC
FACILITIES, THE GOVERNMENT CENTER PARKING GARAGE
ENTERPRISE FUND, THE SOUTHEAST OVERTOWN/PARKWEST
REDEVELOPMENT TRUST FUND, THE DEPARTMENT OF FINANCE,
AND THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, AS
FOLLOWS: $79500 FROM ACCOUNT NO. 350119-340, $7,500
FROM ACCOUNT NO. 260221-340, $5,000 FROM ACCOUNT NO.
550108-340, $248,000 FROM ACCOUNT NO. 260201-280, AND
$629000 FROM ACCOUNT NO. 450806-280.
(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.
114
October 8, 1992
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30. ACCEPT BID: SAULSBURY FIRE EQUIPMENT CORPORATION -- FOR ONE FOAM PUMPER
APPARATUS, INCLUDING INSPECTION TRIPS, MISCELLANEOUS EQUIPMENT AND ANY
NECESSARY CONTINGENCY FUNDING.
Mayor Suarez: Item 16.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: Mr. Mayor, just for the record...
Mayor Suarez: Commissioner Awareness Report.
Commissioner Plummer: ... after watching a TV program the other night I met
with the Fire Chief and we have an unconditional guarantee on this piece of
equipment, remembering that this is a pilot piece of equipment, that we have
an unconditional guarantee of ten years. With that comfort, I move the item.
Mayor Suarez: So moved. Seconded. That is close enough. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-635
A RESOLUTION ACCEPTING THE BID OF SAULSBURY FIRE
EQUIPMENT CORPORATION FOR THE PURCHASE OF ONE (1) FOAM
PUMPER- APPARATUS, INCLUDING INSPECTION TRIPS,
MISCELLANEOUS EQUIPMENT, AND ANY NECESSARY CONTINGENCY
FUNDING, FOR THE DEPARTMENT OF FIRE, RESCUE AND
INSPECTIONS SERVICES AT A TOTAL PROPOSED COST OF
$339,018.00; ALLOCATING FUNDS THEREFOR FROM THE FY
1991-92 CAPITAL IMPROVEMENT PROJECT NO. 313234,
ACCOUNT CODE NO. 289401-840; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
115
October 8, 1992
� 4
AYES: Commissioner Victor De Yurre -
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Norte.
i
ABSENT: None.
------------------------------------------------------------------------------
31. (A) RESCHEDULE OCTOBER 22ND COMMISSION MEETING TO BEGIN AT 2:00 P.M.
(B) RESCHEDULE SECOND NOVEMBER COMMISSION MEETING TO TAKE PLACE ON
NOVEMBER 12TH.
(C) RESCHEDULE SECOND DECEMBER COMMISSION MEETING TO TAKE PLACE ON
DECEMBER LOTH.
------------------------------------------------------------------------------
Mayor Suarez: Item 17.
Commissioner Plummer: Mr. Mayor, what time are we coming back from lunch?
Mayor Suarez: Well, it depends on how many items we get done now.
Commissioner Plummer: Well, you know that is a two pronged question, and the
reason for it is there... I am wondering why the Administration... Hello.
Mr. Manager.
Commissioner Dawkins: Go ahead. I am sorry. I'll get the Manager.
Commissioner Plummer: OK. No. Hey, I am not. I'll beat him later. Why do
you have items scheduled for 4:00, 4:05, 4:10, 4:15, why don't you just
=` schedule 4:30... I think we could have been finished and out of here before
five o'clock this afternoon but yet we have...
Mr. Odio: No. Commissioner, look... I looked at that. You have the C.B.O.s
(Community Based Organizations)... I mean that is...
Commissioner Plummer: OK.
:* Mayor Suarez: But why the spacing...
Commissioner Plummer: What I am saying is...
Mayor Suarez: Why the spacing from morning items to four, and not scheduling
some of those at two?
Mr. Odio: Well, we could do that.
Commissioner Plummer: What I am saying is that all afternoon items just
schedule after two o'clock.
116 October 8, 1992
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Mayor Suarez: Why does he go to four o'clock?
Mr. Odio: You want to do that?
Commissioner Plummer: Yeah. If we are able to do it then we get out of here.
Mr. Odio: Well, the reason we did this was because before we were running
late, and you had people waiting here from the morning session...
Commissioner Plummer: Well, you know I...
Mayor Suarez: You know, at least they have some signal that they don't have
to come until four. J.L. today it may work out because we still have quite a
few items to do in those first two hours of the afternoon, but we can postpone
the starting time until three if you would like.
Commissioner Plummer: That is fine.
Mayor Suarez: All right.
Commissioner Plummer: We will be back at three?
Mr. Odio: If you are doing that can we...
Commissioner Plummer: Because I got a lot of reading to do here during
this...
Mr. Odio: If you are doing that, could you do something else? For the 22nd
meeting I did look... We have no regular scheduled items.
Mayor Suarez: OK. I will entertain a motion for the meeting of the 22nd to
begin at 2:00 p.m.
Commissioner Plummer: Second.
Mr. Odio: At two... The only item you will have then... The only item you
would have then is from two all the way through, ah... It is the budget.
Mayor Suarez: All right. On that item then. On that motion. You move it
Commissioner.
Commissioner Plummer: Yeah.
Mayor Suarez: Seconded by the Vice Mayor. Call the roll.
Commissioner Plummer: The Manager... Hold on.
Mayor Suarez: To have the meeting of October 22nd begin at 2:00 p.m.
Mr. Odio: You actually start at five if you wanted to.
Commissioner Plummer: Xavier, he is saying five if we want.
Mr. Odio: If you wanted to you could start at five.
117 October 8, 1992
Win
Mayor Suarez: Well, let's shoot for four then.
Mr. Odio: Pour. Four.
Mayor Suarez: Just in case, please. Four.
Commissioner Plummer: Compromise.
Mayor Suarez: Make that motion for four.
Commissioner Plummer: OK.
Mayor Suarez: The October 22nd. Because they are always a little bit to
conservative on these, and people end up talking more than...
Mr. Odio: What do you want to do from now on on these public hearings?
Mayor Suarez: Particularly Commissioners on my left. All the way to the
left.
Mr. Odio: You want to set them at two?
Commissioner Plummer: Yeah.
Commissioner Plummer: Well, or set the public hearings at three.
Mr. Odio: OK.
Commissioner Plummer: You
know, show them coming back at two.
s
Mayor Suarez: All right.
Public hearing on the issue of budget at 3:00 p.m.,
and the rest of the agenda
to begin at four.
Commissioner Plummer: That
is fine, sir.
Mayor Suarez: On the 22nd.
Commissioner Plummer: That
is fine, sir.
Mayor Suarez: Agreed.
All right. So moved by Commissioner Plummer.
Seconded by the Vice Mayor.
We got problems with that again.
i
Mr. Odio: She just told me that the Planning and Zoning items that have been
advertised for two o'clock
for the 22nd.
Mayor Suarez: All right.
The meeting is scheduled for 2:00 p.m.
Commissioner Plummer: Not
two o'clock.
Mayor Suarez: So moved by the Commissioner. Seconded by the Vice Mayor.
Call the roll.
118 October 8, 1992
:£+S-K^t 1L'i.�1y
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The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-636
A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY
COMMISSION MEETING OF OCTOBER, 1992 TO TAKE PLACE ON
OCTOBER 22, 1992 AT 2:00 P.M.
eoe omitted here and on
file inthe Officof the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: The second...
Commissioner Plummer: And today...
Mayor Suarez: ... meeting in November is now scheduled exactly for
Thanksgiving. I think...
Commissioner Plummer: We always change that.
Mayor Suarez: ... we probably want to change that. How about the 25th then?
Mr. Odio: You want to have one meeting in November?
Commissioner Plummer: Mr. Mayor, we have traditionally...
Mr. Odio: Why don't we have one meeting.
Commissioner Plummer: ... for the last couple of years been having one
meeting in November and one in December.
Mayor Suarez: OK. Do you want to leave it the November then for the 12th,
and schedule then the second meeting for the same day of the 12th?
Commissioner Plummer: Yes.
Mr. Odio: Yes.
Commissioner Plummer: And the same in December.
119 October 8, 1992
i
Mayor Suarez: So moved on the November one.
Commissioner Dawkins: What is it?
Mayor Suarez: That we have both meetings on the 12th, and that way we don't
have problems with Thanksgiving.
Commissioner Plummer: And in December we have...
Commissioner Dawkins: Is that J.L.'s birthday?
Mr. Odio: On the 10th.
Commissioner Plummer: Yeah. And in December we have both meetings on the
10th.
Mr. Odio: OK.
Mayor Suarez: Let us do November first, please. All right. In November we
have got the 12th for both meetings. So moved...
Commissioner Plummer: Yup.
Mayor Suarez: ... and seconded. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
=i
n
RESOLUTION NO. 92-637
='
A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY
COMMISSION MEETING OF NOVEMBER, 1992 TO TAKE PLACE ON
NOVEMBER 12, 1992 AT 2:00 P.M.
(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: And then on December, yes. On December you want i t on the
loth, both meetings?
1
120 October 8, 1992
Tjt1.f1 Y 4 ., t eL,L".}::.k .e'SC 1'"M1,2.i4hatrA':''.%b K"Vl y^IXSifi'.3r _
f-
Commissioner Plummer: Yes, sir.
Mayor Suarez: All right. So moved and seconded. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-637.1
A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY
COMMISSION MEETING OF DECEMBER, 1992 TO TAKE PLACE ON
DECEMBER 10, 1992 AT 2:00 P.M.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor Be Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: All right.
Commissioner Plummer: Mr. Mayor, before we break for lunch... Mr.
Manager,..,
Mr. Odio: Yeah. One question I...
-----------------------------------------------------------------------------
32. DISCUSSION CONCERNING NECESSARY CHANGES IN BUILDING CODE -- EXPRESS
COMMISSION'S WISH TO HAVE CITY DIRECTLY INVOLVED IN THE PROCESS OF
REBUILDING THIS COMMUNITY -- DIRECT ADMINISTRATION TO ENSURE THAT THE
CITY PARTICIPATE IN FUTURE PLANNING IN A PRO ACTIVE MANNER.
Commissioner Plummer: ... let me tell you I am concerned and I would like to
hear back from you after lunch. Mr. Mayor, we are going, I think, to see in
this community some major changes in building codes. They are needed. I
don't want to find my City on the outside looking in. I think that this City
needs to force our way, and to participate in any changes that are going to be
made or come about so that they are not rammed down our throat without our
participation. Mr. Manager, I would like for you to come back after lunch, if
you can, and tell this Commission how this City can be involved in the
rebuilding of this community. Where we are a player and not an outsider
121 October 8, 1992
cY'
because I can imagine there is that entity downtown who likes to set minimum
standards, and you play by my rules whether you like it or not. So I am
saying, Mr. Mayor, I think it is very important that we be involved and be a
player in whatever is going to be coming about in the changes which we all see
that are needed, and that this City plays a very important part in that
decision.
Commissioner Dawkins: You are talking about legislation, right, J.L.?
Commissioner Plummer: I am talking about South Florida Building Code as it
stands today is going to, in my estimation, have changes.
Commissioner Dawkins: Yes.
Commissioner Plummer: And I assume that is legislation.
Commissioner Dawkins: OK. That is what it...
Commissioner Plummer: Is it State code...?
Mayor Suarez: No, no, no, no. Folks. This Commission adopts by ordinance
the building code that we want, and we have adopted the South Florida Building
Code.
Commissioner Plummer: Mr. Mayor, you problem is is that...
Mayor Suarez: Although we are constrained a lot by Dade County ordinances
and...
Commissioner Plummer: ... the Dade County under home rules has the right to
set minimum standards.
Mayor Suarez: Right. And by State.
Commissioner Plummer: OK.
Commissioner Dawkins: Yeah. But then what...
Commissioner Plummer: But I am saying is is if we get in there and we fight
for what we think is right within our given community it is not after the fact
that we are giving this...
Mayor Suarez: Oh. I full agree with you.
Commissioner Plummer: OK.
Mayor Suarez: I think we all agree with you.
Commissioner Plummer: We should be a player, not an outsider. We are a very
important segment of this community.
Mr. Odio: May I suggest... The County named a board to look...
Commissioner Dawkins: No. We don't need no boards.
122 October 8, 1992
Mr. Odio: ..6 at the code. I think you should be involved.
Commissioner Plummer: There should be a member of either this Commission or
the Administration representing this City in that board or whatever. I am
saying we want to be a part as a player.
Commissioner Dawkins: I think... I agree with you J.L. but I would rather
see the Manager appoint a professional, and the City Attorney appoint somebody
who knows about South Florida Building Code, and that anybody else... Let it
be three people. Two from the Administration and one from the Law Department
and they go... I don't know now, I am like J.L., I am fishing for an answer
because I feel if they establish minimum standards, we should have something
written in that if we want something better, I mean stronger, then it has to
be...
Commissioner Plummer: No...
Commissioner Dawkins: Go ahead J.L. My colleague that we can do with no
problem. We can always establish more than minimum, but sometimes their
minimum... Let me give you an example. We came along and found out that
there was a thing out here called a coastal...
Commissioner Dawkins: Reef.
Commissioner Plummer: No.
Mayor Suarez: Coastal line.
Commissioner Plummer: The coastal line right here. OK? This Commission
found out about that scenario that it was going to affect us probably more
than any City in Dade County after they had gone through committee hearings,
after they had gone through what is good for Dade County, after the, after,
after, after, after. Then it is presented and we got to live by it, and it
has been extremely difficult to live by. Now, I think we would have had some
changes if, in fact, we would have been in from the inception, and had input
into the final decision.
Commissioner Dawkins: Well, see I am concerned, J.L., because I don't
understand how they built the houses in the south end of the County that they
built. When I built my house in 163 the Code demanded that at every 20 feet I
have a poured column, and in that column you had to put steel, and that steel
was tied into the tie beam, and when they poured the tie beam you poured the
column every 20 feet. Now if they would have had that still in effect, those
houses down there wouldn't have gone any place.
Commissioner Plummer: Well...
Commissioner Dawkins: Maybe the roof would have left. Maybe the roof.
Commissioner Plummer: ... we can argue back and forth and I am not here to
make that argument, you know.
Commissioner Dawkins: Um -hum.
123
October 8, 1992
�y�'+fi '' , t AR ..( . a•x. 'f .dttHYF�Ef�fS�,'�itr' it 1
Y
Commissioner Plummer: I told Macu. I said, you know, she was worried about —
getting her shutters up when they said it was blowing 155 miles an hour...
Mayor Suarez: Maria Cristina Palacios.
Commissioner Plummer: Commonly referred to A/K/A (also known as) as Macu.
Mayor Suarez: Well, we had the quarterback a little while ago that was being
referred to, and we never put on the record that was the honorable head of the
Department of Housing and Urban Development, Jack Kemp. And now you throw
Macu in there, you know, this is getting to be a little colloquial here.
Commissioner Plummer: The point that I am trying to make is I told her at 155
miles an hour, don't worry about the shutters, worry about the house.
Mr. Odio: J.L. is it...
Mayor Suarez: All right. Why don't we take up that item after lunch because
I think that in as nice and gentle a way, I would like to give a report to
this Commission of something that Commissioner Dawkins helped to get started.
Today I received a letter back from the Chairman of "We Will Rebuild," and it
isn't entirely satisfactory to me, and some of you may want to propose the
kinds of things that are being discussed here for this Commission to be a
proactive member of all of these decisions. Spending of monies.... Yes, the
money is being raised, folks, in the name of this entire community. So that
Miami's name is out there. Code modifications... And we do have a role in
that. We do adopt, by ordinance, the South Florida Building Code, the last
time I checked. That is not just a County ordinance, that is also a City
ordinance, and plus we can always be stricter. Can we not? We can always
go...
Commissioner Plummer: Always.
Mr. Odio: You can go...
Mayor Suarez: ... to stricter... Right. And people are, for example, even
though we didn't have too many roofs blow off in the City, we did have quite a
bit of damage to some homes and some buildings. And people want to know,
suppose the wind had been 200 miles an hour up here, 160, 170, what would the
effect have been on some of those downtown buildings. Because we saw walls
ripped off buildings. Not just roofs, things that Commissioner Dawkins was
talking about, but entire walls ripped off buildings. Not too many, thank
God. Down at Cutler Ridge I saw one, and I would like to know exactly what
your answers might be on the downtown buildings that we have approved over the
years. So, I think all of that should be discussed, and I think we are going
to have plenty of time and, therefore, ask you to be back, why don't we try
for 3:00 p.m. Are we OK on that, 3:00 p.m.? All right. At 3:00 p.m. and we
will dispose of the items that were left over from the morning very quickly,
and then try to get into this discussion. Yes.
Mr. Odio: On changing the public hearings from now on, I mean, we have to
change the ordinance so what I suggest is we bring the ordinance back that set
the rules of the agenda.
124 October 8, 1992
r
Mayor Suarez: I have no idea what you are talking about. Changing what
public hearings?
Mr. Odio: We passed an ordinance, a long time back, setting the rules on when
public hearings would be called and so forth, and he is telling me in order to
change the public hearings we have to bring the ordinance back.
Mayor Suarez: Let's talk that over...
Mr. Odio: OK.
--------------------------------------------------------------
NOTE FOR THE RECORD: At this point, the Mayor recognizes the
presence of State Representative Ron Silver in the Chambers.
--------------------------------------------------------------
THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON
RECESS AT 12:06 P.M. AND RECONVENED AT 3:16 P.M., WITH
ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE
PRESENT, EXCEPT FOR MAYOR XAVIER SUAREZ AND
COMMISSIONER VICTOR DE YURRE.
33. BRIEF DISCUSSION CONCERNING POSSIBLE CONFLICT OF DATES CONCERNING
STAGING OF CARIBBEAN AMERICAN CARNIVAL -- DIRECT ADMINISTRATION TO
ESTABLISH REASONABLE PERFORMANCE BOND AMOUNT (See label 72).
Commissioner Plummer: We will be dealing with an ordinance relating to the
Caribbean American Carnival 1992 Parade. We spoke last time that they were to
put up a performance bond, or an insurance policy, that if they do not remove
themselves by 12:00 noon, which they have agreed to, that we would street
[sic] the bond and we would take the money. I would ask the Admin$tration be
prepared so we do not find ourselves in the scenario that we had prior with
the Day of the Ninos. OK. We had to pay out $10,000, that you establish a
number, a dollar number, as to what that bond will be in case the second event
of that day, which was previously scheduled, wants to come in and claim any
loss, that we will not be out. OK. So I am asking the Administration, with
the Law Department, to establish a bond amount that is reasonable. OK.
Ms. Anne Sterling: Eloy said that it would be a...
Commissioner Plummer: No. Eloy is out of question $250,000. Well, he is
saying it... He could lose a hundred and a quarter in sponsorship, and he
could lose a hundred and fifty and two hundred thousand...
Ms. Sterling: And a hundred in income for the festival.
Mr. Odio: That is reasonable. They can afford $25,000. Fifty thousand and
what did they say? Did he say no way. He didn't even accept a $50,000 bond?
He won't pay $50,000?
125 October 8, 1992
aqs-
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k 4
Mso Sterling: How are...
Commissioner Plummer: Wait a minute.
bond,...
Ms. Sterling: Yeah.
Wait a minute. If he puts up a cash
Commissioner Plummer: ... and he does what he says he will do, he is not out
a dime.
Ms. Sterling: Right. Now are our police going to move them?
Commissioner Plummer: Then he 1s concerned that he is not going to be out by
noon.
Ms. Sterling: Right.
Commissioner Plummer: That is my fear.
Ms. Sterling: Right.
Commissioner Plummer: And this City is going to wind up paying another ten
thousand like we did for the Day of the Ninos.
Ms. Sterling: No. More than ten thousand.
Commissioner Plummer: For my vote, OK, he is either going to put up an
insurance policy or a... No I want it on. Or a cash bond, and I would prefer
a cash bond because that way it doesn't cost them anything if they do what
they are supposed to do, and take it from there.
Ms. Sterling: And J.L., the Police Department even said that, what are they
really supposed to do if they don't get out of there? They can try to move
them out of there.
Commissioner Plummer: Let me also ask one further question.
Ms. Sterling: What are they supposed to do, shoot them?
Commissioner Plummer: Well I... Not inconveniencing my colleagues. You are
and the Police Department and everybody else are collecting your money in
advance.
Mr. Odio: Yes.
Ms. Sterling: Three days prior. It is supposed to be by the resolution.
Commissioner Plummer: Excuse me?
Mr. Odio: In advance he cannot...
Commissioner Dawkins: J.L., are you starting the meeting by yourself?
126 October 8, 1992
i
Commissioner Plummer: I am trying not to inconvenience you by getting some
answers.
Ms. Sterling: Today the money is due, J.L. Three days prior.
Commissioner Plummer: OK. But he is aware as everybody is aware, no ticky,
no laundry. OK.
Ms. Sterling: J.L., what are the police going to do when these people are in
the streets and they can't get them out?
Commissioner Plummer: Don't ask me what the police are going to do. Ask the
police what they are going to do. OK.
Lt. Joseph Longueira: It is going to be a problem.
Ms. Sterling: It is going to be a problem. Do you hear that?
Commissioner Plummer: Then 1f it is going to be a problem, we better deal
with it here.
Ms. Sterling: Yeah. You need to deal with it because it is going to be a
problem. They can't shoot people. They can't push people.
Commissioner Plummer: Hey. Let me tell you something. If you put that man
under a $100,000 bond, or a $100,000 in cash, and say he has got to be out of
there by noon, and he lives up to his word...
Ms. Sterling: Yeah.
Commissioner Plummer: ... it doesn't cost him anything.
Ms. Sterling: Right.
Mr. Odio: The problem is to get...
Commissioner Plummer: Then why are we doing business with somebody that is
not bondable?
Ms. Sterling: Well, he is coming to ask about the bonding issue, don't get me
wrong.
Commissioner Plummer: Huh? May not be bondable.
Ms. Sterling: He is coming to talk about that.
Commissioner Plummer: Excuse me. Did I remember something that this same
group, last year, owed us money and the only way we would talk to them this
year is if they paid up the past debt?
Ms. Sterling: It is in here.
Commissioner Plummer: Have they paid up the past debt?
127 October 8, 1992
Ms. Sterling: Yes, I think...
Commissioner Plummer: What do you mean all but?
Lt. Joseph Longueira: It is due today.
Commissioner Plummer: No. It was due five days before the last event.
Ms. Sterling: It was due three days prior to this event.
Commissioner Plummer: goy, this is no way to run an airline.
Ms. Sterling: No. It is not. And he did pay the past years.
Commissioner Plummer: Hey, I am telling you for my vote where I am at... OK.
Ms. Sterling: OK.
34. APPROVE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT PROTEST OF
OCCUPATIONAL MEDICAL CENTER IN CONNECTION WITH REQUEST FOR PROPOSALS
(RFP) NO. 91-92-073 TO PROVIDE PHYSICAL EXAMINATIONS FOR DEPARTMENT OF
PERSONNEL MANAGEMENT.
Vice Mayor Alonso: OK. Let's go. Let's call the meeting to order, please.
Commissioner Plummer: What are we on 17?
Vice Mayor Alonso: Seventeen, eighteen, no seventeen.
Commissioner Plummer: Seventeen. I move 17.
Vice Mayor Alonso: Seventeen. Move it. Do we have a second? Approving the
Chief Procurement Officer's decision to reject the protest of the Occupational
Medical Center.
Commissioner Plummer: We did do 16. Yes. Mr. Manager...
Vice Mayor Alonso: Just a minute, Commissioner Plummer.
Commissioner Dawkins: I will second it with the understanding that we have to
hold 18 for some more people because I am voting no on 18, but I will vote yes
on 17.
Vice Mayor Alonso: Seventeen. So we have a motion and a second. Please call
the roll.
Commissioner Plummer: Well, wait a minute. Excuse me, Madam Vice Mayor,
there is a gentleman who stood up. Did he want to speak?
Vice Mayor Alonso: Oh. I am sorry. Yes...
128 October 8, 1992
Mr. Randall Aderman: Is it on? Hello.
Commissioner Plummer: Make it quick.
Mr. Aderman: Good afternoon, Commissioners, my name is Randall Aderman and I
represent...
Commissioner Dawkins: Pull the mike to you, sir.
Mr. Aderman: I am new at this. I represent the Occupational Medical Center.
I am here concerning of the protest of the bid for the City of Miami physical
examinations. It is my contention that the final figures based on the
selection committee's point system were inaccurately assigned. There are
three items that I would address. These are the history of the bid, the
selection criteria, and a few of the specific components. Regarding the
history of the bid, this is the third consecutive year the Occupational
Medical Center has proposed a bid for the physical examinations. The prior
awardee had requested that the RFP (Request for Proposals) be rebid on each of
the past two years. It is my understanding that they were not making an
adequate profit, therefore, asked that the physicals be rebid at a cost to the
City of Miami. It is... In 1990 and 1991 all the bids that were submitted
were rejected by the selection committee, and Cedars Hospital retained the
bid. It is unknown to me if their fees were subsequently raised. Regarding
the selection criteria, the selection criteria is based on three categories in
choosing the medical centers. One was their experience. The second the
price, and the third, the facility itself. I will only discuss the points
assigned by the selection committee that constitute this protest. I had
handed out a form of papers to each one of you. Regarding the experience. If
you would look there was a maximum of 40 points awarded to the medical
facilities, and that is based on... If you turn to page two, IA, if the
medical facility had seven years experience they were awarded the total of 20
points, and if they had seven years experience performing physical
examinations they were awarded 20 points. If you turn to page three, which is
the actual bid from the medical center designee, they stated at number 14 and
number 15, this is page three, that they only have six years' experience.
Therefore, how could they have been awarded the maximum of 20 points. They
should have been awarded 15 points for their experience, or a total of 30, not
40. Secondly, regarding the price, our price for the physical examinations
was approximately $11,000 less per year than the other medical facility. Over
a period of five years that amounts to over $55,000. I think that is an
important point. We, the medical center, did receive 30 point maximum. The
other medical center received 27 points. Regarding the facility, one of my
main concerns... In the RFP it was specified that consideration for medical
centers located within the City of Miami limits would be forthcoming.
Additionally the point system criteria stated that facilities within a five
mile radius of the Department of Personnel building, located at 300 Biscayne
Boulevard would be allotted 10 points. If you will note page one under OMC
(Occupational Medical Center) Facility, we were awarded only 5 points. We are
within a 5 mile radius of the Personnel Department, and I discussed this with
the City engineer, at the Port of Miami, and we are approximately 4.5 miles
129 October 8, 1992
t
radius. If you drive it, yes, we are about 5.3 miles, but my radius we are
under 5 miles, and that is the Criteria, as stipulated under the point system
on page two under proximity.
Mayor Suarez: That is an interesting concept. Are you saying as the bird
flies. Is that what you are saying that you're...?
Mr. Aderman: Exactly. And that 1s exactly how they state it.
Mayor Suarez: When we think of radius I think we think as you drive. No?
Ms. Judy Carter: Yes, sir, we do.
Mayor Suarez: I would think...
Ms. Carter: And in accordance with the driving it shows it is approximately 6
miles.
Mr. Aderman: I drove it myself and it is 5.4 miles, but...
Mayor Suarez: But as the crow flies, I guess is the saying.
Mr. Aderman: Radius to me is defined as a straight line not...
Mr. Cesar Odio (City Manager): Radius...
Mr. Aderman: Radius is a straight...
Mayor Suarez: I think it goes back to the Arabs or the Greeks. I forget who
it was that it started geometry.
Mr. Carter: No. I don't think so.
Mayor Suarez: In any event, that is as we understand it. Anything further on
this item?
Mr. Aderman: Also in addition to the parking. We do have 23 parking spaces
in our parking lot, and the bid does state approximately 20 spaces, and there
is also parking on the street, and it is at no cost. To my knowledge you are
not able to go to the downtown Dade Government Center and have free parking,
and that is where the other medical center is located.
Mayor Suarez: All right. Commissioner Dawkins, and then Gloria wants to...
Commissioner Dawkins: What is the insurance requirements to bid and
participate in this project?
Ms. Carter: The insurance requirements, as I recall, is indemnification,
which is a normal provision that we require for professional personal
services.
Commissioner Dawkins: There was no amount of money spelled out in the bid?
130 October 8, 1992
a 9
4y
Mr. Carter: No, sir. No dollar amount. Again, the provision on insurance =
requirement was simply the hold harmless requirement, which is otherwise known
as indemnification. There was no commercial liability requirement.
Commissioner Dawkins: Thank you.
Mayor Suarez: OK.
Mr. Aderman: OK. I would like to finally say I believe we should have been
awarded a total of 92.5 points, which is higher than the given 89.5 that the
other medical facility received based on their point system. But, again,
there should have been reductions on their part because of the fact that they
don't have the seven years experience that the criteria set out by the
selection committee proposed, and, secondly, the fact that there 1s no free
parking, to my knowledge, at Dade County Government Building downtown, and
therefore...
Mayor Suarez: Want to answer those to points quickly?
Ms. Carter: Yes, sir. With regard to the first issue that he raised, that
that issue was clarified in the selection committee and the presentations that
were submitted by the vendors. Keep in mind, Commissioners, that this is a
request for proposal. Clarifications can be made unlike a bid, and that
information was clarified to the extent...
Mayor Suarez: How was it resolved as to the seven year experience?
Ms. Rene Jones: Mr. Mayor, the facility in question has 8 years experience
performing physicals with the City of Miami Beach, and...
Mayor Suarez: What is the name of the facility in question?
Ms. Jones: Mt. Sinai.
Mayor Suarez: I would think they would have some experience. All right.
Commissioner Plummer: In all fairness, answer this question for me. Is that
physicals done at Mt. Sinai Hospital or at a location within the City limits
of the City of Miami?
Ms. Jones: It is performed at the Metro Dade Government Center.
Mr. Aderman: That is not possible.
Commissioner Plummer: For Miami Beach?
Ms. Jones: No. For the City of Miami. Our physicals.
Commissioner Plummer: How long have they done it at Metro Center?
Ms. Jones: At Metro Center it has been approximately 5 years.
Mayor Suarez: And what about the issue of parking?
131 October 8, 1992
Y
Commissioner Plummer: Excuse me.
Mayor Suarez; Oh, I'm sorry. Go ahead, Commissioner.
Commissioner Plummer: Are you sure of that? And the reason I am asking that
question, I know for a fact that Cedars was doing it, and I don't... If you
are sure of the 5 years, I will accept that, but something tells me that
Cedars was doing it less than 5 years ago.
Mr. Randall: Currently.
Mayor Suarez: What about the issue of parking? Oh, I am sorry. You are
still resolving that?
Ms. Jones: Yes. No, this is representatives from the Mt. Sinai, and they are
confirming what now? OK
Ms. Linda Arana: We have done it over 17 years.
Ms. Jones: OK.
Commissioner Plummer: At that location?
Mayor Suarez: How many years have...
Commissioner Plummer: No. Not at that...
Ms. Arana: Five years but seven years...
Commissioner Plummer: Total. Yeah.
Mayor Suarez: You have to come up to the mike, ma'am. You have to come up to
the mike and give us your name. We can't have a voice in the...
Ms. Arana: Certainly.
Vice Mayor Alonso: Lower the mike please.
Mayor Suarez: Crying in the wilderness...
Ms. Arana: My name is Linda Arana, and I am Manager of Mt. Sinai Medical
Center Occupational Health Department. We have a facility at the Government
Center. We have been there approximately 5 years. We have been doing Metro
Dade Personnel, Police, Fire and all their ancillary personnel. We bid on the
City of Miami contract. There will be, there is free parking for all of your
employees or applicants. It is adjacent to the building and we have as much
space.as needed.
Mayor Suarez: All right. How about parking?
Ms. Arana: That is the parking. All of our personnel and the facility...
Mayor Suarez: They won't be charged for parking?
132 October 8, 1992
Ms. Arana: No, sir.
0
Commissioner Plummer: What about... Let me ask this question. Basically are
you going to be doing police and fire?
Ms. Jones: Commissioner, police and fire annual physicals will be performed
at Mercy Outpatient Center.
Commissioner Plummer: OK. So that is still going on there. Let me ask...
Let me clarify the record. Mr. City Attorney, I want it known upfront, I am
on the Board of Directors of Mercy Outpatient Clinic, so I want to predicate
any statement I make on that. But why, for example, would you go for police
and fire to one facility, but to go to another facility for another segment of
the employees? It would seem like to me the uniformity would be in a single
facility, and more so, I got to be honest with you, this is ... I love Mt.
Sinai but Mt. Sinai is not in the City of Miami, and I am asking the question
why, number one, wouldn't you go to whatever facility you do, you would do all
City employees, and second of all, why wasn't an edge or preference given to a
City facility?
Ms. Jones: Commissioner, when we took the employment physicals out to bid in
1989, we included not only pre -employment, but the annual physical as well.
It was a two part RFP (request for proposal), and at that particular time,
Cedars Medical Center provided the best response to the RFP...
Commissioner Plummer: I remember that.
Ms. Jones: ... and Mercy provided the best response as it related to the
annual physicals.
Commissioner Plummer: But does it not... Tell me if I am wrong. Does it
not
make sense that one facility doing all that the City would be better off,
that
9
everybody would know, hey, this is where you go, and this is the same
test
that is given to everybody?
i'
Ms. Jones: Well, there are different exams involved.
Commissioner Plummer: Why?
Ms. Jones: Well, for police...
Commissioner Plumper: The only different exam that I know of is
the
hypertension bill for police and fire, and that can be a separate part of
the
examination.
Ms. Jones: Police and fire, they have separate items built into their
j
respective physical exams.
3
f
Commissioner Plummer: Who established that?
Ms. Jones: That was negotiated, I believe.
Commissioner Plummer: In the contract? Would you send me a copy of
that
relating to the physical examinations, please?
133 October 8, 1992
,y
Mayor Suarez: By the way when you say the contract Commissioner, if I may, it
reflects an agreement with the union but it isn't that the contract somehow
dictates that. I am sure it comes from a variety of regulations related to
police and fire work, which are negotiated and built into the contract.
Commissioner Dawkins.
Commissioner Plummer: I have a second question there.
Ms. Carter: Yeah.
Commissioner Dawkins: Go ahead.
Mayor Suarez: Go ahead, Commissioner Plummer.
Commissioner Plummer: Relating to a facility in the City.
Ms. Carter: Yes. In the RFP, we specified that the provider shall have a
facility within the City of Miami limits. We did not say that the primary
office must be within the City of Miami. They do have a facility located at
the Metro Dade Center.
Commissioner Plummer: Yeah, but...
Ms. Carter: And that qualified under this...
Commissioner Plummer: You are very much...
Ms. Carter: ... provision.
Commissioner Plumper: You are very much aware of this desire, at least as I
understand this City Commission's desire of doing business with City people,
and if you don't put that in there... You know I just got to say to you that
you are not carrying forth with what is the desire of this City Commission.
Mr. Aderman: Excuse me.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: The statement was made that fire and police have
something in their examination portfolio, for the lack of a better word, that
other people do not have. Is that a correct statement?
Commissioner Plummer: No. It was that theirs was different. It didn't say
they had something more.
Mayor Suarez: Yeah. That reflects, I think, what was stated. Yes.
Commissioner Plummer: No.
Mayor Suarez: That they have different kinds of test.
Commissioner Plummer: They have different... Not necessarily they had more.
They had different criteria.
134 October 8, 1992
r
Mayor Suarez: OK.
Commissioner Dawkins: Now wait a minute. What does it say now?
Commissioner Plummer: I said they had different criteria not more than
others.
Commissioner Dawkins: All right. Now. Well. OK. It has different
criteria.
Commissioner Plummer: Yeah.
Commissioner Dawkins: OK.
Commissioner Plummer: It could be less.
Commissioner Dawkins: Now is there anything that shows that Mercy could not
do the examinations required for the other people whether it had more or less?
Ms. Angela Bellamy (Assist. City Manager): OK. Commissioner, they can do it
and they did bid in...
Commissioner Dawkins: That is all.
Ms. Bellamy: ... 1987...
Commissioner Dawkins: That is all.
Ms. Bellamy: ... but tpbid was higher.
Commissioner Dawkins: That is fine. That is fine ma'am. That is fine.
Commissioner Plummer: Excuse me. Mr. Mayor...
Commissioner Dawkins: All I need...
Commissioner Plummer: Mr. City Attorney, should I exclude myself from this
conversation? I mean I gain nothing as a member of the board, but I don't
want anybody to think I am here...
Commissioner Dawkins: Yeah. let him excuse himself. We will get through it
quicker.
Mr. A. Quinn Jones III, Esq. (City Attorney): Well, I don't think you have
any conflict of interest...
Commissioner Plummer: OK. I just wanted...
Mr. Jones: ... if that what you are...
Commissioner Plummer: I just want to make sure the record is clear.
Mr. Jones: ... making reference to.
135 October 8, 1992
Commissioner Dawkins: One thing else. is Mercy Hospital located within 5
miles of the Personnel Office?
Ms. Bellamy: Yes, it is.
Commissioner Dawkins: OK. No further questions.
Ms. Bellamy: Commissioner, Mercy did respond to this bid. They were one of
the six respondents but, for example, their...
Mayor Suarez: That is OK. He just wanted to know...
Ms. Bellamy: ... basic physical exam...
Mayor Suarez: ... if Mercy had participated since apparently...
Ms. Bellamy: ... was $80.00.
Mayor Suarez: ... they are doing some of the other ones. We don't have to go
through everyone that is not protesting because, you know... Gloria...
Commissioner Plummer: Who did this evaluation?
Ms. Bellamy: There was a committee of five which was composed of one person
from the Personnel Department. The Nurse Advisor from Risk Management. A
representative from fire. A representative from police and a representative
from procurement.
Commissioner Dawkins: is the person from fire and the person from Risk
Management the same person?
Ms. Bellamy: No. No, sir.
Commissioner Dawkins: Because you got persons now... You got person from...
You got two people from one department.
Ms. Bellamy: No, they are different persons.
Commissioner Dawkins: Yes, you got two people from one department.
Commissioner Plummer: Why...
Commissioner Dawkins: You put Risk Management in the Fire Department and now
you got...
Ms. Bellamy: Commissioner...
136 October 8, 1992
Commissioner Dawkins: ... one person from...
Ms. Bellamy: Commissioner...
Commissioner Plummer: Why...
Commissioner Dawkins: Sir.
Ms. Bellamy: The evaluation was done in May.
Mayor Suarez: All right.
Commissioner Dawkins: OK.
Commissioner Plummer: Why there were no outsiders? You know. Some day I am
going to strike home...
Mr. Odio: Wait. This was done...
Commissioner Plummer: ... that the private sector of this City...
Mayor Suarez: Well we... I think we made it into a policy.
Commissioner Plummer: are not dumb.
Mr. Odio: Yes. This was done in... This was in...
Mayor Suarez: Commissioner Plummer, I think we made it into a policy
subsequent to that.
Ms. Bellamy: Right.
Mr. Odio: In May... You did it...
Ms. Bellamy: Right.
Mayor Suarez: This was done in May. We made now into a policy...
Ms. Bellamy: That is right.
Mayor Suarez: ... which I think we made into I don't know if I...
Ms. Bellamy: It was after that.
Mayor Suarez: From now on it has to have at least...
Commissioner Plummer: Yeah. But you see. I guess what I am really saying.
This evaluation which we have in front of us here was not done by
professionals. And this is not speaking disparagingly of those who sat on the
committee, but these are not medical people. A policeman is a policeman he is
not medical. OK? Risk Management, he is not medical. These are medical.
Ms. Bellamy: We have... That was a riff... That was a nurse advisor,
Commissioner.
137 October 8, 1992
i
Commissioner Plummer: A nurse is a nurse. She is not a medical doctor.
Mr. Odio: They know more than the doctors.
Commissioner Plummer: They know more than the doctors. I know more than the
Manager what does that make me, a Manager? I want retirement.
Mayor Suarez: The next time the Manager gets treated in any hospital make
sure there is a nurse there with him as the doctor treats him.
Vice Mayor Alonso: And a hundred forty thousand for the retirement.
Commissioner Plummer: Well, let me tell you. I am like my colleague so I'll
try to cut it short for you, Mr. Mayor.
Mayor Suarez: Please, yes. Appreciate it.
Commissioner Plummer: I am voting for this one and against the next one. All
right.
Mayor Suarez: As far as the selection committee.
Commissioner Plummer: My objection, basically, is going to be to throw them
out and rebid.
Mr. Odio: Fine.
Mayor Suarez: Don't argue with him he is voting this one. Yes.
Vice Mayor Alonso: So you will accept this and...
Ms. Gloria Rosello: My name is Gloria Rosello, 3007 N.W. 7th Street. I am
not here to protest anything but to clarify what you was talking about just
now. Since 1987 I have been coming in here with the same thing. I did not
bid, and if you notice on your paperwork, none of the minorities, Hispanic
minority, bid. That bid is written in a way that no minorities, no locals,
Commissioner Plummer, could do it.
Commissioner Plummer: When they asked the Kawasaki dealer to bid on a
specifications out of the Harley Davidson book, it is very difficult.
Mayor Suarez: All right. Last statement, sir.
Ms. Rosello: Or the big hospitals. That is it.
Mayor Suarez: Then we have to vote. You apparently disagree with something
she said and you might as well put it in the record.
Mr. Aderman: Just a comment, I...
Commissioner Plummer: Mr. Mayor. I want to broach a very important subject,
if I may.
138 October 8, 1992
Mayor Suarez: Sure.
Commissioner Plummer: And it is related but not directly. Mr. Manager and
Mr. City Attorney...
Mayor Suarez: Well, can we just handle the protest first, and then we go to
that?
Commissioner Plummer: Surely, sir.
Mayor Suarez: All right. Last...
Commissioner Plummer: I move that the protest be approved.
Mayor Suarez: All right. But let... Approved or denied?
Commissioner Plummer: No. Excuse me. You bid it.
Mayor Suarez: OK. He denied the protest and approved the bid. But, sir, I
think you are entitled to one quick statement.
Commissioner Plummer: He wants to quit. If it is going to be rebid, he wants
to shut up.
Mr. Aderman: No. I would just as soon see it rebid. If it is not going to
be awarded to me I would rather see it rebid, and I will bid a different way.
Mayor Suarez: That is logical.
Commissioner
Plummer: You are talking yourself out of...
Mr. Aderman:
No. No question. I got a lot more knowledge now regarding how
they play the game.
Commissioner
Plummer: ... rebidding, sir.
Mr. Aderman:
I am sorry.
F.
Commissioner
Plummer: You are talking yourself out of rebidding.
Mr. Aderman:
No problem.
r �
Commissioner
Plummer: Would you like to sit down?
Mr. Aderman:
I am gone.
Commissioner
Plummer: I thought you would.
Mayor Suarez: All right. We have a motion then to accept the protest and
-f
send it out
for new bids, is that correct, as I have stated?
Commissioner
Plummer: Well, how do you want to handle it? Mr. City Attorney,
should we approve 17 and disapprove 18, or just throw out the whole thing?
You tell me
whatever way it is to be done. I want it to go back to rebidding.
My other two
colleagues haven't spoken, but their...
y
139 October 8, 1992
Mr. Jones: the proper way would be to rule on the protest first, and then
take up 18. Just deny 1t and if it is your wish to send it out to rebid with
those instructions.
Commissioner Plummer: Well, I don't want to make the in-house took bad and
give them the right of anything. I'll move that the protest be denied. OK?
It's mechanical.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: And yet assuming that Commissioner Plummer's wish is carried
today, Mr. City Attorney, that he wants to send it back out for bids. We can
do that having denied the protest?
Commissioner Plummer: That is the next item.
Mayor Suarez: All right. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-638
A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S
DECISION TO REJECT THE PROTEST OF THE OCCUPATIONAL
MEDICAL CENTER, IN CONNECTION WITH REQUEST FOR
PROPOSALS NO. 91-92-073, TO PROVIDE PHYSICAL
EXAMINATIONS, AS IT HAS BEEN DETERMINED TO BE WITHOUT
MERIT.
(Here follows body of resolution, omitted here and on
file 1n the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
140 October 8, 1992
aac:aar.waoy�aca'��.-acarwaaa�aw ra►-r.---as�:.:ar war-arir— "-—--------_----ar-------
36. ACCEPT PROPOSAL: MT. SINAI MEDICAL CENTER OF GREATER MIAMI, INC. -- TO
FURNISH PHYSICAL EXAMINATIONS FOR DEPARTMENT OF PERSONNEL MANAGEMENT --
AUTHORIZE AGREEMENT, WITH PROVISOS.
---------------------------------------w------------------------ .._�.r_..-
Commissioner Plummer: OK. On item 18, I move that the bids be rebid.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. OK. Any discussion?
Commissioner Plummer: And the committee shall be one more of the private
sector than the in-house sector, and you can have as many as you want on the
committee.
Mr. Cesar Odio (City Manager): Wait. But before... The RFP (request for
proposal) was approved by this Commission before we went out, and we want to
go ahead with the same RFP, right?
Commissioner Plummer: OK. But I would like... No. One change in the RFP.
Mr. Odio: What?
Commissioner Plummer: I would like it so stipulated that in City facilities
have a preference.
Mr. Odio: In City... OK.
Commissioner Plummer: OK. And I am not talking about the people that have an
office here and the money goes back to the Beach. OK? Their facility is
here.
Mr. A. Quinn Jones III, Esq. (City Attorney): Are you saying that... What
you are essentially saying... I hear what your saying.
Commissioner Plummer: Have a preference.
Mr. Jones: The primary business is here in the City of Miami?
Commissioner Plummer: Call it what you may. OK.
Ms. Judy Carter: The primary office.
Commissioner Plummer: The primary office. OK.
Ms. Carter: OK. That is what you want.
Commissioner Plummer: That is what..
Ms. Carter: The primary office shall be in the City of Miami.
141 October 8, 1992
r:.
F
Commissioner Plummer: I hope that is what you want also.
Ms. Carter: Yes, sir, always.
Commissioner Plummer: So be it.
Vice Mayor Alonso: Gloria Rosello just said that according to the way it 1s
written, no locals or minorities can participate. Could she add something
more specific other than the location that perhaps could help us now that we
are going through the process again?
Ms. Gloria Rosello: For example, like Commissioner Plummer said that
centralized it will make more sense, right? But they tell you you have to do
this and this and this type of tests, and you must do it on premises. So if
you don't have that certain equipment, you cannot do it.
Commissioner Plummer: Well, you can't bid.
Ms. Rosello: Right. That is it. So you have thrown out right there. The
insurance is another thing. There is a lot of little things that they will
not... And then you have to spend so much money if you lease a... for one a
year. Then you have to have the equipment in the office. Who is going to
spend, you know, thousands of dollars to have that equipment in the office to
be able to bid for the City of Miami, and then you are not sure you...
Commissioner Plummer: It is not going to use it. Yeah.
Ms. Rosello: ..0 are going to get the bid anyway. So none of the
Hispanics... If you see there or other minorities, in fact, respond to the
bid.
Commissioner Plummer: Let me ask you a question. When is the present
contract with Mercy Hospital up?
Ms. Angela Bellamy (Assist. City Manager): May of 193.
Commissioner Plummer: Then I would hope this contract would not extend beyond
that. The reason for that is I think there is some merit that in May of 193
when you bid that it all be within one facility which, in effect, I think,
would be more beneficial to all of the City.
Mayor Suarez: If you are going to do that, wouldn't it make sense to go with
the recommendation at least until May? I mean there are people that have gone
through the RFP. We sort of after the fact are wanting to change the RFP, and
we have good reason to. Frankly, when I think of an office in the City I
don't think of an office 1n a sense of using the Metro Dade Center, you know,
I think of an office in the sense of really being there at least. Maybe it is
not primary but at least secondary, but a real corporate office. But whatever
we did, these people have gone through it. They have won the bid...
Commissioner Plummer: Who has been doing it for you?
Mayor Suarez: ... and at least until May of next year, it would make no sense
to go through this again.
142 October 8, 1992
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Vice Mayor Alonso: But this is for three years. How long is this contract
for? Three years?
Ms. Bellamy: Yes.
Vice Mayor Alonso: Three years.
Mayor Suarez: But he is saying that he only wants to have it until May of
'93.
Ms. Bellamy: But it can...
Commissioner Plummer: Well, wait a minute here... He has got a problem, Mr.
Mayor, because he has a class of firemen coming in that has to have physicals.
Mayor Suarez: Right.
Commissioner Plummer: Can't we...
Mayor Suarez: And if we reject it, what we are doing is we are going back to
the existing one.
Commissioner Plummer: But can't we extend the present contract of Cedars to
allow them to do...?
Ms. Bellamy: Commissioner, Cedars terminated because they could not continue
with the cost. So we have been on an emergency contract, and it's currently
with Mercy, with I am sorry, Mt. Sinai.
Mayor Suarez: Let me clarify the Commissioner is proposing... Let me, Angela,
let me see... Are you proposing, Commissioner Plummer, that this contract
i only be awarded through May of 193 so it could...
3 Commissioner Plummer: Mr. Mayor, my hope and desire was...
Mayor Suarez: ... coincide with the...
Commissioner Plummer: I feel that it is beneficial to the City, 1f
humanly possible, to have one facility to do all of...
Mayor Suarez: I understand. So, if that is the case, why don't we approve
this one until May of 193?
Vice Mayor Alonso: With the same contract as we have now.
Ms. Bellamy: Yeah.
Mayor Suarez: No. I meant with Mt. Sinai. I think they are the recommended
bidder.
Commissioner Plummer: I have no problem with that, but who are you going to
award it to? We just turned down the protest.
143 October 8, 1992
Ms Bellamy: Right.
i
I Mayor Suarez: Right. Mt. Sinai is recommended, right?
i
Ms. Carter: Yeah. That is OK.
Mr. Odio: Fine.
Commissioner Dawkins: For one year?
Mayor Suarez: Well, it is actually less than that.
Commissioner Plummer: No. Till May of 193.
Mayor Suarez: May of 193.
Commissioner Plummer: Will Cedars accept it until May of 193?
Ms. Bellamy: Cedars will not.
Commissioner Plummer: I am sorry. Would Mt. Sinai accept it?
Ms. Bellamy: No, not Cedars. Mt. Sinai will accept it.
Commissioner Plummer: They will accept it?
Vice Mayor Alonso: To May of 193.
Ms. Bellamy: Yes, they will. They will.
Mayor Suarez: You know they have gone through the process. There 1s some
fairness...
Commissioner Plummer: Well, you know, when you stop and think about it it is
probably going to take you that long to rebid anyhow.
Mayor Suarez: Right. Thank you.
Commissioner Plummer: Yeah. OK. I'll move on 18 that this contract with
Cedars run until May...
Ms. Bellamy: Mt. Sinai.
Mayor Suarez: Mt. Sinai. The winning bidder...
Commissioner Plummer: I am sorry.
Mayor Suarez: ... recommended but shorten the period to...
Commissioner Plummer: I am still trying to get it into the City.
Mayor Suarez: ... May of 193. You might, if they want to bid after May of
193, you might want to have like a real office here or something, you know,
that we can...
144 October 8, 1992
f.rt
Ms, Arana: Well we have an office here and our employees are...
Mayor Suarez: But not the one you are going to give the services from.
Commissioner Plummer: Yeah. But the dollars go back across the bay.
Ms. Arana: We have six Hispanics, one black and three whites, white Americans
working there, so I just wanted...
Mayor Suarez: But we were not dwelling just...
Commissioner Plummer: And the green dollars go back across the water.
Ms. Arana: That I can't answer for you but the personnel and everyone are...
Do live within Miami proper.
Commissioner Plummer: OK. Very good.
Ms. Arana: We have a facility... We have a commitment to be there... So
a...
Mayor Suarez: All right. So you are going to have a better shot probably
beginning of May 193 than maybe some people anticipate. All right. We have a
motion do we, Commissioner Plummer?
Commissioner Plummer: Yes, sir, I'll move it...
Mayor Suarez: Second.
Commissioner Plummer: ... with that concurrence.
v
# Mayor Suarez: Second by the Vice Mayor?
' Vice Mayor Alonso: Yes.
Af
a Commissioner Plummer: Now do we understand that the bid that now will be
going out for May of 193, hopefully, could be all encompassing or separate?
00
Ms. Bellamy: Yes.
Mayor Suarez: All right.
Commissioner Plummer: Yes, sir, I move.
Mayor Suarez: Call the roll.
145
October 8, 1992
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FF-7111
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-639
A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE
PROPOSAL OF MT. SINAI MEDICAL CENTER OF GREATER MIAMI,
INC. TO FURNISH PHYSICAL EXAMINATIONS FOR THE
DEPARTMENT OF PERSONNEL MANAGEMENT, AT AN ESTIMATED
AMOUNT OF $87,650, WITH SAID FUNDS THEREFOR BEING
ALLOCATED FROM THE FY 193 OPERATING BUDGETS OF THE
DEPARTMENTS OF PERSONNEL MANAGEMENT, (ACCOUNT NO.
270101-260), FIRE, RESCUE AND INSPECTION SERVICES,
(ACCOUNT NO. 280201-260), AND POLICE (ACCOUNT NO.
290201-260); AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH MT. SINAI MEDICAL CENTER OF GREATER MIAMI, INC.
FOR THE PERIOD OF NOVEMBER 1, 1992 THROUGH MAY 31,
1993; DIRECTING THE CITY MANAGER TO SOLICIT REQUEST
FOR PROPOSALS FOR FUTURE PHYSICAL EXAMINATIONS FROM
PROVIDERS WHOSE PRIMARY OFFICES ARE LOCATED WITHIN THE
CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: Commissioner Victor De Yurre
36. DISCUSSION CONCERNING POSSIBILITY OF TESTING PROSPECTIVE CITY EMPLOYEES
FOR AIDS.
Commissioner Plummer: Mr. Mayor, I have... Mr. Manager and Mr. City
Attorney, and don't you girls leave because this might need some answers.
Ladies, I am sorry.
Mr. Odio: J.L., persons.
Commissioner Plummer: Persons.
Mayor Suarez: Administrators.
146 October 8, 1992
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Commissioner Plummer: Ay-ay-ayl
{
Mayor Suarez: High paid administrators. That will work.
Commissioner Plummer: Mr. Manager, it has been brought to my attention, and I
consider this not to be funny in any way, shape or form, nor do I intend for
this to be discriminatory in any way, shape or form. It is my understanding
that this City does not have the availability of pre -employment of testing for
AIDS (Acquired Immune Deficiency Syndrome) mandatory. It is my understanding
that an AIDS patient, insurance wise, could run $200,000. Now, it is also my
understanding that if you did make it a part of pre -employment... I consider
this serious. I really do. That I understand that if you do make it a part
of pre -employment, because of the confidentiality, this City cannot make
itself aware yes or no, and, yet, we are hiring, possibly, someone who could
cost this City $200,000, and my concern is, Mr. City Attorney, that it is my
understanding that we have a rule today that if a person has a heart condition
in their family of a father or mother who died prior to the age of 50, they
are not eligible to be a fireman or a policeman. I think... Isn't that the
rule in there?
----------------------------------------------------------
NIOTE FOR THE RECORD: At 3:45 p.m., Commissioner De Yurre
entered the meeting.
----------------------------------------------------------
Mr. A. Quinn Jones III, Esq. (City Attorney): I am not aware of that.
Commissioner Plummer: Well, they sure turn them down for it. OK?
Mr. Jones: Yeah.
Commissioner Plummer: Now, I am very concerned. We know the problem
existing, and in my estimation, I think that this City... I can tell you in
the Florida League of Cities we are presently putting aside in a reserve
$181,000 for any AIDS case that is brought to our insurance portions
awareness. Now, Mr. City Attorney...
Mr. Jones: Yeah.
Commissioner Plummer: ... as we see and as we hear this condition and this
problem is exploding. Our insurance problem right now is out of reach.
Mr. Jones: Yeah. I...
Commissioner Plummer: Look, I am not going to go any further than to say I
have brought it to the table. I think we got to have answers.
Mr. Jones: Yeah.
Mayor Suarez: Yeah. Why don't you and a tot of those policy questions, and
legal questions, and insurance questions, and Risk Management questions and
medical questions get direct input, and maybe make a recommendation back to
the Commission.
147 October 8, 1992
Mr. Jones: Well, it is not so much that. We are looking at it now but I
think all of you know now that we are operating under the Americans with
Disabilities Act, whereas before we could make inquiry relative to certain
medical conditions of an individual or potential worker. Those are now
prohibited. I am not so sure that the reference you are making relative to
testing, pre -employment testing for AIDS, would be covered. It may very well
be, but I will be able to give you a definitive answer at the next meeting.
Mayor Suarez: Very good.
Commissioner Plummer: Thank you, sir.
Commissioner Dawkins: I think we are violating their civil rights.
Mayor Suarez: Yeah. And maybe the ADA (Americans with Disabilities Act) now
that 1t 1s in place.
37. (Continued Discussion) CONCERNING ST. HUGH OAKS VILLAGE HOUSING PROJECT
B-6206 -- MOMENTARILY TABLED (See labels 8, 12 & 67).
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I have a pocket item for the Administration from this
morning, please.
Mayor Suarez: Sir, go ahead.
Commissioner Dawkins: As you know, we are supposed to be building portable
housing, and I have a resolution accepting the bid of Associate Contract in
the proposed amount not to exceed $2,258,000 total bid for the St. Hugh's Oaks
Village Housing Project, and I so move.
Commissioner Plummer: Mr. Mayor, I am going to second it but under
discussion. Mr. Mayor, if you look at the items in reference to St. Hugh's,
and I have spoken to Mr. Bailey and I guess we continue to have a little bit
of a disagreement, but the area that I think that if in the future, Mr.
Manager... Hello.
Mr. Cesar Odio (City Manager): Yes, I am here.
Commissioner Plummer: We got an empty chair.
Mr. Odio: I am here.
Commissioner Plummer: OK. I am speaking, Mr. Manager, in reference to St.
Hugh's.
Mr. Odio: Yes, sir.
148 October 8, 1992
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Commissioner Plummer: If you took at the formal bid sheet, and we had items
j; 1, 29 3 and 4, and you put these out as individual items or total, I am going
.; to bring to your attention that the lowest bid on the first page is $290,000
for site development.
�I
Mr. Odio: Oh, OK. Line item. I see what he means.
Commissioner Plummer: OK. If you go to the back page where there 1s a bid of
another company, their bid for site development is $171,000...
Mr. Odio: One seventy one.
Commissioner Plummer: ... or approximately...
Mr. Odio: Yeah. But...
Commissioner Plummer: ... a hundred and nineteen thousand dollars'
difference.
Mr. Odio: Yeah but the total is $300,000 more.
} Commissioner Plummer: Sir, I am not disputing that, but if you make it known
in a bid that they bid on four items and the City can pick item 1 from this
company, item 2 from another company...
Mr. James Kay: No, no. We can't.
Commissioner Plummer: Excuse me?
Mr. Kay: We can't do that.
Commissioner Plummer: Why can't we do that?
Mr. Kay: The bid is not set up that way.
Commissioner Plummer: That is what I am telling you the bid it wrong. That
is`what I am trying to tell you.
Mr. Kay: Commissioner, maybe I can explain this. On the site development,
site development includes the new roadway and the new utilities that come in.
Commissioner Plummer: Yes, sir.
Mr. Kay: One contractor may have, but I haven't talked to them, but they may
have included the service line utilities in with the site development contract
rather than into the base bid contract.
Commissioner Plummer: I am not arguing that point. I am arguing that if you
take in your bids, and you have four items which I see here, and all four of
these items in the bid are known that you can pick from one contractor, number
one, another contractor, number two, another contractor, number three, or you
can take it, if it is advantageous to the City, all four from the same
contractor. I am looking at a bid here that tells me in just one item there
is $119,000 difference.
149 October 8, 1992
Mr. Odio: Yeah J.L., but then you take the second line and he is up two
million five.
Commissioner Plummer: So you don't take the second item from him.
Mr. Odio: You cannot do that that way.
Commissioner Plummer: The hell you can't do it that way. He might not want
to bid that way, and he might not bid, but don't tell me you can't do it that
way.
Mr. Odio: And let me tell you the...
Mr. Kay: Commissioner, it was bid that way. It was bid that way.
Commissioner Plummer: I am telling you the bid, the procedure is wrong in my
estimation.
Commissioner Dawkins: So we do that on the next one.
Mayor Suarez: J.L., you can't take the total bid, and then in addition to
that say if we find that one item of your bid happens to be lower, we are
going to choose that one.
Commissioner Plummer: Sir.
Mayor Suarez: They do that...
Commissioner Plummer: Sir.
Mayor Suarez: as... They do their own breakdown.
Commissioner Plummer: You can put it out... Excuse me.
Mayor Suarez: You can... You can...
Commissioner Plummer: Excuse me. When you put out the bid originally and you
so stipulate that we can pick and choose, we can do that.
Mr. Odio: But you don't want...
Mayor Suarez: Yes. But you wouldn't want to do that on these kinds of bids
because a lot of people have different ways of accounting for their
expenditures. Some have different overhead. Some use subcontractors. Some
do it themselves. You can't possibly go item by item.
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: And once in a while there is something that lends itself to be
broken into two, for example, and you can say we will do the whole thing or
half, and we will take a look at it and decide which way we want to go.
150 October 8, 1992
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Commissioner Plummer: OK. Let me blow your argument out of the saddle.
Let's go to item three. OK? Item three is security.
Mr. Odio: Right.
Commissioner Plummer: There is a difference in security from a low of $45,000
to $110,000...
Mayor Suarez: All right. The reason...
Commissioner Plummer: ... that is $55,000 difference.
Mayor Suarez: ... that we asked for that breakdown that in another sense
doesn't concern us...
Commissioner Plummer: Why does the contractor, one contractor, have to do it
all?
Commissioner Plummer: It is precisely to ask those kinds of questions. To
make sure that they have all met the essential requirements. We want to know
how much they are going to spend so that we can analyze it, and that is a fair
question to ask. Why is it? Do you have any idea, anybody?
Commissioner Plummer: And don't tell me it is because that is the way the bid
reads. I understand the bid reads that way now, but I am telling you...
Mr. Odio: Let me tell you...
Commissioner Plummer: ... the bidding procedure is wrong.
Mr. Odio: J.L., you might be right. In this case this is the way the bid
went out.
Commissioner Plummer: You will never know if you keep doing it this way.
Mr. Odio: What we want... What we want on that side to have quality control
� yls
is one person. One company that we can make responsible for, and make sure
MM they are responsible in every phase of it.
Mayor Suarez: Does anybody have any idea on that particular large
discrepancy, which is a two to one discrepancy, or two plus to one, why that
would be on security?
Commissioner Plummer: Mr. Mayor, just forget it. OK.
{ Mr. Kay: Know I don't.
Commissioner Plummer: I try to save this City money and nobody gives a damn.
Mr. Odio: Yes, we do, Commissioner.
Commissioner Plummer: OK. I am sorry.
Mayor Suarez: The bottoms line is you take the lowest bid, but the ingredients
of that are not always susceptible to you telling people how you do your
breakdown. They do it in many different ways.
Mr. Odio: Mr. Mayor, that is the problem...
Mayor Suarez: Some absorb their overhead...
Commissioner Plummer: My friend Mr. Dawkins...
Mayor Suarez: ... with their own equipment. Some subcontract it. Some...
Commissioner Plummer: Is it acceptable, Mr. Mayor, that fifty percent (50%)
of a bid is City expenses? Is fifty percent (50%) more. That is not
acceptable to me.
Mayor Suarez: If there is a discrepancy there, it should be questioned. Yes,
Commissioner Dawkins. You giving up?
Commissioner Dawkins: I give up.
Mayor Suarez: All right. On the item before us all the other procedures were
followed in accordance with our code?
Mr. Kay: Yes, sir.
Mayor Suarez: Who was the winning bidder?
Mr. Kay: Associates.
Mayor Suarez: What 1s Fabregas doing back there looking slick and ready to
go? Is he involved in this thing?
Commissioner Dawkins: No.
Commissioner Plummer: Who is Associates?
Mayor Suarez: Don't tell me they are just named Associates.
Mr. Kay: They call it Associates Construction, Incorporated.
Mayor Suarez: Associates Construction.
Commissioner Plummer: What item number is this? I forgot.
Mayor Suarez: Who are the principals?
Mr. Kay: This is a pocket item.
Commissioner Dawkins: It is a pocket item.
Commissioner Plummer: I don't find any background on Associates. Who are
they?
152
October 8, 1992
Mayor Suarez: Who are the principals?
Commissioner Plummer: No. I don't have a background sheet.
Commissioner Dawkins: I brought it up as a pocket item. That is why nobody
has any backup.
Commissioner Plummer: Can I have... Tell me who they are.
Mr. Kay: We can get that for you.
Mayor Suarez: Who are the principals?
Mr. Kay: We can get that for you.
Commissioner Plummer: How long they have been in business? Where is their
business located? What major projects have they done? - which you normally do
every time for us.
Mr. Kay: OK. We can have that for you.
Commissioner Dawkins: I tell you what. Hold it. Hold it. I am going to
pass this today. I don't care what happens.
Commissioner Plummer: Excuse me, Mr. Dawkins.
Commissioner Dawkins: So now give... No, no, no. Wait a minute. Give each
Commissioner up here anything he needs before 8:30.
Commissioner Plummer: Excuse me, sir. Call the roll right now. I will vote
for it, but I think I am entitled to that information.
Commissioner Dawkins: But no... You still... No. You are entitled... No,
J.L... I do not want you to vote for this unprepared and don't have what you
need, because you wouldn't do that to me. I am not going to do that to you.
Commissioner Plummer: All right, sir.
Commissioner Dawkins: That is why I am saying give you what you want,
whatever it is, so that you are satisfied.
Commissioner Plummer: The normal background and material that we have is what
I am asking for.
Commissioner Dawkins: That is all.
Mayor Suarez: Who are these folks?
Commissioner Dawkins: That 1s what J.L. is asking.
Mr. Kay: They have had a prior...
Mayor Suarez: As long as you have put the question out, does anybody know?
153 October 8, 1992
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Mr. Kayi They have had one prior contract with the City before.
Mayor Suarez: Principals, any names? Anybody know who they are?
Mr. Kay: I don't have the names of the principals.
Commissioner Plummer: Do you know where their company is located?
Mayor Suarez: Try to get as much of...
Mr. Kay: Yes, sir, in the...
Mr. Odio: 7422 S.W. 48th Street.
Commissioner Plummer: They are not in the City.
`.,
Mr. Odio: No. None of them are.
No. I am sorry. Pentagon Construction...
3^
'j
Mayor Suarez: OK. Please get as
much of that information then to us, since
you don't know who the principals
are. What other projects they have built,
and so on, so we can act on it properly...
Mr. Kay: OK. We will do that.
E
Mayor Suarez: ... today if no one
invokes the rule, I guess.
--
Commissioner Plummer: No, sir. I
am not.
Mayor Suarez: Yeah. Item 19.
Mr. Jeff Hepburn: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Hepburn: There is a second portion to this that deals with the
appropriations ordinance, making the funding available for the project. We
can do it together?
Commissioner Dawkins: We can do all that afterwards.
Mayor Suarez: We can do it together.
Commissioner Dawkins: We will get it all at one time.
Mr. Hepburn: 'OK.
Mayor Suarez: We can do it together.
Commissioner Plummer: What is the..?
City?
The bid is a ten percent (10%) for in
Mr. Odio: But you don't have any... I don't believe you have it.
154 October 8, 1992
Commissioner Plummer: Whet 1s ten percent (1O%) of two million eight hundred
eighty-eight?
Mr. Odio: Two hundred and eighty-eight thousand.
Commissioner Plummer: No. That wouldn't make a difference.
Mr. Odio: No. I tell you it doesn't.
---------- ---- - --- - ----------------------------------------------
38. AUTHORIZE PAYMENT, PURSUANT TO FEDERAL COURT ORDER, TO: (a) ATTORNEY
JOEL LUMER ($71,800.54); AND (b) ATTORNEY JOHN J. SPIEGEL ($48,938.16)
(U.S. District Court Case No. 88-412-CIV-RYSKAMP).
Mayor Suarez: Item 19. Anybody have any further questions on this? I
presume this is a court order... Much as we dislike paying attorney's fees.
It is a court order, and I entertain a motion on it.
Commissioner Plummer: The order... The court order is mandated that we pay
these attorneys?
Mr. Jones: It is a judgement. A final judgement issued in the amount of
reasonable attorneys fees of a hundred twenty thousand seven...
Commissioner Plummer: The court said we had to personally pay the attorneys?
Mr. Jones: Absolutely.
Commissioner Plummer: Then I move it.
Mayor Suarez: Moved.
Commissioner Plummer: I won't do it otherwise.
Mayor Suarez: Seconded by Commissioner Dawkins. I deem the kicking of the
dais up here to be a second.
Commissioner Dawkins: Eighteen?
Mayor Suarez: Nineteen.
Commissioner Plummer: Nineteen.
Mayor Suarez: Second by Commissioner De Yurre. That is close enough. Call
the roll.
155 October 8, 1992
z
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-640
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE,
PURSUANT TO THE ORDER OF THE FEDERAL COURT, TO PAY
ATTORNEY JOEL LUMER THE SUM OF $71,800.54 IN
REASONABLE ATTORNEY'S FEES PLUS ACCRUED INTEREST AND
TO PAY ATTORNEY JOHN J. SPIEGEL THE SUM OF $48,938.16
IN REASONABLE ATTORNEY'S FEES PLUS ACCRUED INTEREST IN
FULL AND COMPLETE SATISFACTION OF THE ORDER OF THE
COURT AWARDING SUCH FEES IN UNITED STATES DISTRICT
'( COURT CASE NO. 88-412-CIV-RYSKAMP, SUCH FUNDS 'TO BE
PROVIDED FROM THE INSURANCE AND SELF-INSURANCE TRUST
i(! FUND.
�i
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Miriam Alonso
39. DISCUSS AND DEFER TO COMMISSION MEETING OF OCTOBER 22ND CONSIDERATION OF
PROPOSED RESOLUTION TO EXECUTE AGREEMENT WITH A LAW FIRM FOR
PROFESSIONAL LEGISLATIVE CONSULTATION SERVICES BEFORE METROPOLITAN DADE
COUNTY COMMISSION.
------------------------------------------------------------------------------
Mayor Suarez: Item 20.
Commissioner Plummer: Mr. Mayor, I am going to ask that item 20 be deferred,
and that the Manager look further into this matter. I had an individual,
without naming that individual, who came to my office this morning, who is one
of the bidders, who indicated that he felt that, in fact, 1f his firm were
selected that they could come back in many values more than what they would
receive, and I think we need to know what kind of parameters that value coming
back could be.
Commissioner De Yurre: Well, what do you mean?
156 October 8, 1992
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Commissioner Plummer: Well, what I mean is that we send Holland and Knight to
Tallahassee, and we pay them $75,000 and we somewhat measure them by how much
bacon they bring back home. Do they bring a million dollars, two million
dollars in State funds back to this City? I think that is legitimate. If we
were to choose a firm to represent us, and I don't like the word lobbying Dade
County, I think that we get a representation firm. That they feel that they
can demonstrate to us that by hiring this firm to represent us down there that
they can make it very beneficial, financially, to this community. I think
that they should have the right to do that demonstration.
Commissioner De Yurre: Well, they should have been here.
Commissioner Plummer: Excuse me?
Commissioner De Yurre: Wasn't this the whole procedure we had the last time
for the State deal?
Commissioner Plummer: I can't answer that, Victor, I don't know.
Commissioner De Yurre: Sure, you were here.
Commissioner Plummer: I didn't get the... No, just one firm was here before.
Commissioner De Yurre: No, no. But last month... We are following the same
procedure we followed for the State bidding process. It is no different. Did
we ask Holland and Knight what are you going to produce for us as compared to
the other companies, or their businesses? - you know, other law firms.
Commissioner Plummer: OK. Well. I have asked the Manager if he would look
at the matter. He said that he would be happy to, and report back at the next
meeting, and that is where I am at. OK.
Commissioner De Yurre: OK. No. I just wanted to be clear as to what it is
that the Manager needs to look into that, you know, he can't address right
now.
Commissioner Plummer: Well, I think it further states what I stated prior to
this, and that is that I would like for him to look into whether, first, there
is the need, the rationale, and the justification, and second of all, what
could it produce for this City based on what we would cost. That is what I am
asking him to look into.
Commissioner De Yurre: Two weeks ago we talked about this, and you were one
that was pretty much in favor of this concept of bringing it back as we have
this time.
Commissioner Plummer: I didn't say two weeks ago that I was in favor or not,
I asked that the Manager look at it and come back and recommend.
Commissioner De Yurre: OK. So is the Manager coming back to recommend now?
Commissioner Plummer: I have asked him to put it off two weeks.
Commissioner De Yurre: You are not ready to recommend right now?
157 October 8, 1992
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Mr, Cdio: You know, I can recommend but I...
Commissioner De Yurre: Well, I just want to know where we are at, you know.
Just so... I am ready to vote on this right now. Now, if the Manager is not
ready to give us an opinion...
Mr. Odio: I am ready to...
Commissioner De Yurre: ... then I can see delaying this.
Commissioner Plummer: Well, you know, I made a motion to defer, if that
motion faits, then I am sure you are available to make a motion.
Commissioner De Yurre: No, no. I just want to know so I can understand, you
know, what 1s going on.
Commissioner Plummer: OK.
A. Quinn Jones III, Esq. (City Attorney): Can I ask for a point of
clarification?
Commissioner Plummer: Sure.
Mayor Suarez: We have a motion to defer. The reasons have been stated. Yes,
Mr. City Attorney.
Mr. Jones: Yeah. Because at your direction...
solicit responses to this.
Mayor Suarez: We did?
Mr. Jones: Yes, you did.
Commissioner Plummer: How many did you get?
Mr. Jones: We got three responses.
You directed my office to
Mayor Suarez: Oh. I was wondering about that because I talked to one of the
groups and they said that they had received some kind of solicitation or
form...
Vice Mayor Alonso: That is what we instructed him to do.
Mayor Suarez: OK. I was not aware of that. I had thought that just sort of
discussed very generally. We told you to...
Commissioner Plummer: My discussion was general in asking the Manager to look
into it to see whether it was worthwhile.
Vice. Mayor Alonso: My understanding was there was a vote on instructing the
City Attorney to come back with recommendations.
Mr. Jones: That is correct.
158 October 8, 1992
h
Mayor Suarez: And to proceed to solicit firms and all that?
Vice Mayor Alonso: Yes, of course.
Mayor Suarez: No. I didn't think...
Vice Mayor Alonso: And people could vote whatever way they want but that was _
the instruction to the City Attorney.
Commissioner De Yurre: If J.L. is not comfortable.
Mayor Suarez: I didn't think we had done that.
Commissioner De Yurre: All right. You know, if J.L. is not comfortable with
voting on this today I got no problem with that. But if he is comfortable
based on information that is ready to be provided then we can go on, so it is
you know...
Commissioner Plummer: Well, I told you where I am at.
Mayor Suarez: You said you found out this possibility this morning right?
Commissioner Plummer: Yes.
Mayor Suarez: That is why you need additional time.
Commissioner Plummer: Yes.
Mayor Suarez: All right.
Commissioner Plummer: Yes. One of them came into my office and spoke to me.
Vice Mayor Alonso: So you need more time to...
Commissioner Plummer: I asked for the two week deferment.
Vice Mayor Alonso: OK.
Mayor Suarez: Folks, you know that...
Commissioner De Yurre: Hey, what the hell, we have never had them so what is
an extra two weeks.
Mayor Suarez: Right. You know that those firms that are here...
Distinguished representative, et cetera, are bidding and looking for votes
from not all of us, because I have made pretty clear what I feel about this,
which is I don't think we should be paying for this, but... Yeah.
Commissioner Plummer: Mr. Mayor, I would ask if the City Attorney... I
thought it was the City Manager, but if it is the City Attorney who is going
to do the recommendations... What I am looking for is a statement that was
made to me today, because up until this morning I was of the opinion that I
would vote against it. When it was said to me that there was the
possibility...
159 October 8, 1992
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Mayor Suarez: That could be 1t right there... We may have three votes...
Commissioner Plummier: OK. Well, excuse me.
Mayor Suarez: ... to not pay this. I mean a...
Commissioner Plummer: Excuse me. When the statement was made to me that
there could be an enhancement of financial return to this City by virtue of
this contract is when I said, hey, let's look a little further. So, Mr. City
Attorney, what I am asking you I will be asking you in two weeks...
Mayor Suarez: All right.
Commissioner Plummer: ... that 1f you see that there is a financial reason,
enhancement for this City, 1 would like to know what you feel that it is, or
is not.
Mayor Suarez: Fair enough.
Commissioner De Yurre: And again I have got no problem with the deferral but,
you know, maybe be conceptually we can discuss whether we want to go with this
situation at the County level. I suggested at the onset, at the last meeting,
because time and time again we hear comments here during this Commission
meeting that we are getting hit with the extra tipping fee for the trash, for
the garbage, that we are getting hit for this, or we are not getting any help
over there, then Miller has a problem with Gersten because he can't get things
out of committee, that we don't get the funding for the Orange Bowl or the
Arena. I mean like all that tells me that maybe it is time that we change the
rules of the game a little bit, and get somebody that 1s going to be full-time
there representing us. Now if there isn't a feeling along these lines here
then, you know, maybe we will just drop the whole thing, you know, which is
fine with me.
Mayor Suarez: All right. Anything further from the Commission? We
appreciate the presence of the distinguished representative but I think we
have motion to defer. We have distinguished Chairman of the Democratic Party,
and counselors, but I think this Commission is either going to decide not to
go through this at all, or to defer, and if we defer, I am sure your comments
will be appropriate on the 22nd. Do we have a second on that motion?
Commissioner De Yurre: I'll second.
Mayor Suarez: Second. Any further discussion? If not please call the roll.
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER DE YURRE THE HEREINABOVE ITEM
WAS DEFERRED BY THE FOLLOWING VOTE:
160 October 8, 1992
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AYES:
Commissioner
Victor De Yurre
Commissioner
Miller J. Dawkins
Commissioner
J. L. plumper, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier
L. Suarez
NOES:
None.
ABSENT:
None.
Mayor Suarez: Before you...
Vice Mayor Alonso: Republicans and democrats...
Mayor Suarez: Before you walked in, I don't know if you were listening, but I
expressed my views on this which 1s that I don't support the concept. I think
there may have been at least one other expression to that effect from the Vice
Mayor. So...
Vice Mayor Alonso: Right here.
Mayor Suarez: ... I don't want you all to waste too much time on this.
Unless you are pretty sure you get sufficient votes on the concept, let alone
the actual bidding process. All right. Item 21.
Mr. Luis Rojas (State Representative): Mr. Mayor, can I just say one quick
thing.
Mayor Suarez: Yes, sir.
Mr. Rojas: And I think I have polled most of you and know where you are at,
and know a couple of you are against the concept. But one thing I do want to
tell you because I was at the Commission on Friday, which I spent a lot of
time there because my firm represents a lot of people, and one of the things I
heard was that this Tuesday the Coconut Grove breaking away issue is coming
back up. So I tell you that, Commissioner Alonso, because I know you have a
great interest in that, and these are the kinds of things that having someone
there...
Commissioner Plummer: That is a freebie.
Mr. Rojas: ... could help you with, but that issue, that what I heard, not
representing the City of Miami, is going to be readdressed on Tuesday.
Commissioner Plummer: Excuse me. Mr. Manager, I think this is very
important...
Vice Mayor Alonso: Yes, indeed.
Commissioner Plummer: ... that he... You are listening? OK.
Mayor Suarez: All right.
Vice Mayor Alonso: Thank you.
161 October 8, 1992
Mayor Suarez: Thank you for alerting us. Item...
Commissioner De Yurre: However, Mr. Mayor, there is already... Commissioner
Alonso and you are against this concept, I will be the third vote to kill it
right now, and we move on to something else. If that is the way we feel.
Mayor Suarez: We were deferring...
Commissioner Plummer: Excuse me. I am not asking for it to be killed.
Mayor Suarez: ... as a courtesy to....
Commissioner Plummer: Don't misunderstand my remarks.
Mayor Suarez: Yeah.
Vice Mayor Alonso: He wants some additional time.
Mayor Suarez: If you want to put your remarks on the record...
Vice Mayor Alonso: It is only appropriate to give it to him.
Mayor Suarez: ... or if you want to make it into a motion.
Commissioner Plummer: I did put my remarks on the records.
Mayor Suarez: No, no.
Vice Mayor Alonso: Oh, I know you did.
Commissioner De Yurre: No, what I am saying is if there are three votes up
here to say forget about this concept then let's...
Vice Mayor Alonso: I don't know if we have it.
Commissioner Plummer: Victor, if...
Commissioner De Yurre: All right. If you are one, and the Mayor is one, I'll
be the third one and that is the end of this Issue. If that is the way you
feel. So we don't have to bring it back again.
Commissioner Plummer: I have expressed myself.
Vice Mayor Alonso: That is fine with me, I think, if we have a colleague who
would like to have additional time, it is...
Mayor Suarez: All right. We leave the uncertainly out there then.
Vice Mayor Alonso: ... it is only fair to give it to him.
Commissioner De Yurre: OK. Fine.
Mayor Suarez: As a courtesy to our colleague on the left.
162
October 8, 1992
4
Commissioner De Yurre: That is fine.
Mayor Suarez: And that doesn't mean ideologically on the left, necessarily,
but you...
Commissioner Plummer: Of Mao Tse-tung.
40. DENY PROPOSED RESOLUTION RATIFYING POSTPONEMENT OF COLLECTION FROM
VIZCATRAN, LIMITED, OF FEES REQUIRED BY THE CODE TO EXTEND SUBDIVISION
IMPROVEMENTS TIME LIMIT TO JUNE 26, 1993, FEES TO BE DUE IN FULL AT SUCH
TIME AS CODEC, INC. OBTAINS NECESSARY FUNDING TO BEGIN CONSTRUCTION, AS
RELATED TO VIZCATRAN GARDEN SUBDIVISION.
Mayor Suarez: So we got the Democrats, the Republicans, and the leftists
here. All right. Item 21. Resolution ratifying...
Commissioner Plummer: And the left outs.
Mayor Suarez: ... the postponement of the collection from Vizcatran Limited
of the fees, et cetera.
Commissioner Plummer: Mr. Mayor, I have adamantly been from day one opposed
to the Vizcatran development. I did want to clarify one thing on the record.
In my estimation, CODEC is a very fine firm. I think they do a good job for
this community. I simply feel that this project, in a totally single-family
residential basic community, is wrong. I am opposed to Vizcatran from the
first day. I am stilt opposed to it, and I must move that item 21 be denied.
Mayor Suarez: So moved. Mr. City Attorney, unlike my esteemed colleague, I
have voted painfully, but favorably, on this item up to now. What is the
zoning status in the appellate court? I believe I was told by the opponents,
who are every day more numerous, that the matter was "lost on appeal" at the
Third District Court of Appeals. I requested, I think, from you office that
opinion. It didn't look to me like the judges... Well, I didn't look at it
carefully. There was one strong dissent, if I remember correctly...
A. Quinn Jones III, Esq. (City Attorney): Right. Um -hum.
Mayor Suarez: ... which read rather better than the concurring opinions, but,
nevertheless, what is the legal status? Where are we on this and where...
Mr. Jones: You recall, when the opinion came out, I contacted each of your
offices by memo, asking you what action you wanted me to take and, of course,
not receiving any response, I took it upon myself, since it was a decision
challenging your decision as a Commission, to take an appeal to the Supreme
Court and that is where...
Mayor Suarez: OK. So it was at the district court of appeals that our zoning
decision was overturned...
163 October 8, 1992
Mr. Jones: That is correct.
Mayor Suarez: ... and so from here on it would have to be at the Supreme
Court and would have to go by the standard of what? - Showing a conflict or
between different jurisdictions?
Mr. Jones: Yes.
Mayor Suarez: That 1s very hard to...
Mr. Jones: To overcome.
Mayor Suarez: ... to overcome. And if we were to vote against this, does
that, in effect, kill the project, or not necessarily?
Mr. Jones: I would think that in effect it would, unless the Supreme Court...
It wouldn't necessarily kilt it, because the Supreme Court could always rule
and uphold the decision of the Zoning Board.
Mayor Suarez: What would be the practical effect after the issue before us
which is a collection of the fees... Are these impact fees or what are these,
Jim?
Mr. James Kay: When Vizcatran Limited posted its letter of credit in favor of
the City, in the amount of $121,000, for the improvements that they were to
put in on the subdivision. They posted the letter of credit when one year was
up and they had not completed those improvements, or started those
improvements. They have to renew the letter of credit, and the City
automatically charges a five percent (5%) roll over fee, and this is done to
encourage the improvement...
Mayor Suarez: OK. You have given us a lengthy explanation of the form of the
payment letter of credit, extension, et cetera... A payment for what? What
kind of fees are these?
Mr. Kay: This is a fee that is a charge by the code when they roll over the
letter of credit or the bond.
Mayor Suarez: The letter of credit and the bond for what? What is the...
What are they paying us?
Vice Mayor Alonso: For the improvements that they have to do.
Mr. Kay: The subdivision improvements that they are required to construct
Mayor Suarez: They would have to do infrastructure improvements...
Mr. Kay: Right.
Mayor Suarez: ... in order to be able to do this,...
Mr. Kay: Right.
164
October 8,
Mayor Suarez: #* and they don't want to get started on that until...
Mr. Kay: Right.
Mayor Suarez: ... they are absolutely sure they can begin, so they post a
bond instead. Is that what you are telling us?
Mr. Kay: Right. They post a bond, but that bond is renewed every year.
Mayor Suarez: So...
Mr. Kay: Automatically renewed.
Mayor Suarez: ... if we vote against this they can always come up with cash,
I presume, right? Or do those subdivision improvements.
Mr. Kay: Right.
Mayor Suarez: And still keep their project alive.
Mr. Kay: Right. But the renewal fee 1s what we are interested in getting
squared away here because for the last...
Mayor Suarez: The renewal fee. What is the renewal fee?
Mr. Kay: ... two years what we have from them is an IOU (I owe you).
Mayor Suarez: Right.
Mr. Kay: OK. And that is what this resolution is proposing that the...
Mayor Suarez: A renewal fee? Where do we get a renewal fee?
Vice Mayor Alonso: They are asking for an extension of the construction time.
Mr. Kay: Right. They are asking... Well, they are asking that they be
allowed to postpone the fees that are required to extend this bond another
year.
Commissioner Plummer: But what I don't understand... Excuse me. They asked
for this on the agenda of September the-10th.
Mr. Kay: Right.
Commissioner Plummer: Their deadline expired June the 26th.
Mr. Kay: Right.
Commissioner Plummer: They went beyond on the deadline. So why are they
even...?
Mr. Kay: Well.
165 October 8, 1992
4 7 y rtj
Commissioner Plummer: You know had they asked for it prior to the deadline, I
would say that there was maybe merit for consideration, but asking for it on
an agenda three months after their deadline has passed...
Mr. Kay: Well,, they did... They asked for it prior to the deadline it is
just that it took us some time to figure out what we were going to do...
Vice Mayor Alonso: To be placed on the agenda. That is the problem.
Mr. Kay: ... and it it on the agenda and everything.
Commissioner Plummer: Well, let me just for the edification of any... I
don't know were all of you here when this originally passed? Well, OK. Just
for your edification this brought out...
Vice Mayor Alonso: Originally, no.
Commissioner Plummer: No. OK. The original brought out casts...
Mayor Suarez: Unfortunately, I was.
Commissioner Plummer: ... of hundreds from the Roads section. The Road
section even went to the extent of gathering money on their own for legal
fees. That is how adamant they are on this project. So I just wanted to
bring that...
Mayor Suarez: OK. Jim.
Vice Mayor Alonso: I was not here then...
Commissioner Plummer: Yeah.
Vice Mayor Alonso: ... when it was originally approved.
Mayor Suarez: No. The very original one you were not.
Vice Mayor Alonso: No.
Mayor Suarez: Jim, what project do they envision now? At one point, it was
elderly housing. At one point, it involved the Archdiocese of Miami would be
something like St. Dominics or Carol Manor or one of those.
Commissioner Plummer: Yeah.
Vice Mayor Alonso: Elderly.
Mayor Suarez: Is this still what they envision?
Commissioner Plummer:
Mr. Kay: Yes.
That was not the original.
Vice Mayor Alonso: This is elderly? Explain to us exactly...
166 October 8, 1992
Mayor Suarez: Or is 1t Section 202, what is it?
Mr. Kay: I believe it is elderly, but I don't want to say for sure. That is
not really my purview. Is this a... What type of project is this? It is an
elderly project or a...
Commissioner Plummer: Is it 202, elderly, what?
Vice Mayor Alonso: Yes.
Mayor Suarez: Exception from the parking requirement or the variance that we
approved, if I remember correctly,...
Vice Mayor Alonso: Limitations in the parking.
Mayor Suarez: ... was premised on the fact that they would do it for elderly,
but I forget if the funding is Section 202 or...
Commissioner Plummer: That is when it was changed, Mr. Mayor, because of the
parking scenario...
Mayor Suarez: No. I know all that.
Commissioner Plummer: ... they allow a lot of...
Mayor Suarez: ... I am just wondering whether funding is coming from...
Commissioner Plummer: No.
Mayor Suarez: ... and if our vote on this will cause the funding to be lost
or not. I am wondering how much...
Vice Mayor Alonso: Can we get an answer?
Mr. Kay: Will it cause the funding to be lost?
Mayor Suarez: Right.
Vice Mayor Alonso: No, he is asking about the funding, yes.
Mayor Suarez: What is the funding for this project supposed to come from? Is
this a classic Section 202? Is this something that the Archdiocese is going
to do in any event or what? Does anybody know? Jeff?
Mr. Kay: I don't know.
Commissioner Plummer: Are the Archdiocese even still involved?
Mayor Suarez: I don't think it is.
Commissioner Plumper: I don't think they are.
Vice Mayor Alonso: No, no. They are not.
167
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October 8, 1992
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Mr. Jeff Hepburn:
I think
it is FHA (Federal Housing Agency)
Section 202,
HUD (Department of
Housing
and Urban Development) 202 which
is for the
elderly. I looked for Fabregas but he is not out there.
Mayor Suarez: Yeah. He managed to get out just in time. And the a...
Vice Mayor Alonso: Do they have the funding now?
Mr. Hepburn: As far as I know, they do. To my knowledge, they do. They have
that commitment from us.
Mayor Suarez: Once again the renewal fee that we have here... Now that is
your expertise, Jim, so...
Mr. Kay: That is correct. Yes.
Mayor Suarez: ... don't be deferring on this one. Now this is a renewal
fee...
Mr. Kay: That is correct.
Mayor Suarez: ..9 for what? For their obligation to...
Mr. Kay: Renewing the...
Mayor Suarez: ... to build the subdivision?
Mr. Kay: That is right. Their renewal fee for their obligation to build the
subdivision improvements.
Mayor Suarez: Our code has a renewal fee when people instead of building a
subdivision...
Mr. Kay: They elect to postpone the improvements, and when they do, that they
have to pay a renewal fee of five percent (5%).
Commissioner Plummer: And how much would that be?
Mr. Odio: Twelve thousand one hundred dollars.
Mayor Suarez: And they want a postponement of that? OK. I second the motion
to deny.
Vice Mayor Alonso: It is twelve thousand or six thousand?
Mr. Kay: It is twelve thousand dollars for the last two years, and another
six thousand dollars for this coming year. So a total of eighteen thousand.
Vice Mayor Alonso: Oh, so they have accumulated twelve and now an additional
six?
Mr. Kay: Yes.
Vice Mayor Alonso: These people will not be able to do this project.
168
October 8, 1992
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Commissioner Plummer: They are not the quickest paying people in the world.
Vice Mayor Alonso: Are they here?
Mr. Odio: He was here.
Mr. Kay: He was here, yeah.
Vice Mayor Alonso: They don't have the money. OK. Any further comments?
Commissioner Dawkins: What is the motion?
Ms. Matty Hirai (City Clerk): To deny, sir.
Vice Mayor Alonso: To deny.
Commissioner Plummer: This one doesn't involve you.
Vice Mayor Alonso: OK. Please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-641
A MOTION TO DENY AGENDA ITEM 21 (PROPOSED RESOLUTION
TO RATIFY THE POSTPONEMENT OF THE COLLECTION FROM
VIZCATRAN, LIMITED, OF THE FEES REQUIRED TO EXTEND THE
SUBDIVISION IMPROVEMENTS TIME LIMIT, AS RELATED TO THE
"VIZCATRAN GARDEN" SUBDIVISION FROM JUNE 26, 1992 TO
JUNE 26, 1993).
Upon being seconded by Mayor Suarez, 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.
"i 169 October 8, 1992
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41. APPOINT / REAPPOINT / RATIFY INDIVIDUALS TO SERVE AS MEMBERS OF CITY'S
AFFIRMATIVE ACTION ADVISORY BOARD (Appointed / Reappointed were: Sam
Mason and Willy Gort; ratified was: Sgt. Kevin McKinnon).
Mayor Suarez: Item 22.
Commissioner Plummer: Who has the Advisory Board?
Vice Mayor Alonso: Thank you.
Commissioner Plummer: Where is Gloria? I don't think I have got...
Mr. Odio: Nominations by Mayor Suarez and Commissioner De Yurre.
Commissioner Plummer: OK. So I don't have any.
Mayor Suarez: I nominate Nancy Ancrum, Editorial Board Member of the Miami
Herald. Can you serve in that capacity? I will reserve my... I don't...
Sure as heck don't nominate Joe Tanfani because he is...
Commissioner Plummer: Hey, I am telling you, you think this is crazy but on
the original Advisory Board, Frank Cobo was on that...
Mayor Suarez: No, this is Affirmative Action.
Commissioner Plummer: You heard what I said. No, no. That was a womans...
Mayor Suarez: Right. Commission of Status of Women.
Commissioner Plummer: Yeah.
Mayor Suarez: Anybody have any other nominees, if not... Yes. Doctor, we
need to...
Ms. Hattie Daniels: Yes. The other appointment is for Commissioner De Yurre.
Mayor Suarez: Do we have any way of eliciting some people who are interested,
that you might submit to our consideration for nominations?
Ms. Daniels: Well, I will certainly ask the board members.
Mayor Suarez: Could you, please?
Ms. Daniels: Yes.
Mayor Suarez: Because maybe they thought in the past that we want to keep
that prerogative to ourselves, but we, you know, it is a... Some of these
boards require a lot of work. Don't have all that much...
Commissioner Plummer: Well, let me ask this question.
170 October 8, 1992
Mayor Suarez: ... publicity, and...
Commissioner Plummer: And it is De Yurre's...
Mayor Suarez: Sam, you want to serve on one of these?
Commissioner Plummer: It is De Yurre's representative...
Mayor Suarez: I'll nominate Sam Mason for mine. There you go. I got one.
Commissioner De Yurre: I will nominate Willy Gort.
Mayor Suarez: Those two nominations in the form of a motion.
Commissioner Plummer: OK. Let me just ask one...
Mayor Suarez: Seconded by Commissioner Plummer. Now, questions. Yes.
Commissioner Plummer: Yes. I note here that one of the persons whose term
expired was of the FOP (Fraternal Order of Police).
Ms. Daniels: Yes, that is a...
Commissioner Plummer: Does that mean now that by virtue of these two
appointments there would be no FOP appointment on that board?
Ms. Daniels: No. We are also asking that you certify Sergeant Kevin
McKinnon, who has been nominated by the FOP That is separate.
Mayor Suarez: Separate.
Commissioner Plummer: They have the right to nominate?
Ms. Daniels: Yes.
Commissioner Plummer: Oh, OK.
Ms. Daniels: Yes. There is one from each union.
Mayor Suarez: When I served on this, many many years ago, I got on the board
and the second meeting, Commission Dawkins who was not then a Commissioner,
nominated me for chairperson. So, Sam, be careful you could end up
chairperson and Mayor of the City of Miami before you even know about it.
Call the roll on the nomination.
171 October 8, 1992
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The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-642
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS OF THE CITY OF MIAMI AFFIRMATIVE ACTION
ADVISORY BOARD FOR TERMS OF OFFICE AS DESIGNATED
HEREIN; FURTHER CONFIRMING THE SELECTION OF AN
INDIVIDUAL BY CERTIFIED BARGAINING REPRESENTATIVES OF
THE CITY EMPLOYEES AND RECOGNIZING SAID INDIVIDUAL AS
A BOARD MEMBER.
(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.
----- ------------------------------------------------------------------------
f
42. BRIEFLY DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION TO APPOINT AN
INDIVIDUAL AS ONE OF THE CITY'S REPRESENTATIVES TO THE METRO DADE COUNTY
I
BISCAYNE BAY SHORELINE DEVELOPMENT REVIEW COMMITTEE (See label 44).
------------------------------------------------------------------------------
Mayor Suarez: Item 23. Shoreline Development Review Committee.
1 Commissioner Plummer: Whose appointment?
a
Commissioner Dawkins: We have to get somebody from the community.
{ Mayor Suarez: We need a nominee, preferably... Is Daniel Perez Zarraga, an
architect?
Commissioner De Yurre: Yes.
Vice Mayor Alonso: Yes, but a...
Mayor Suarez: Can't serve. Do we need an architect? Is that... Is it
preferred. Help. Somebody. (INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
172 October 8, 1992
�c.wrri. r W lI..� W Y W `Y V V �Y.iYHirii ii.l.liil.l W W rY W rbaaiiti-W.ii-------i..i.l'ar(iY..i .....LYiriYY�1i
43. APPOINT INDIVIDUAL TO SERVE AS MEMBER ON CITY'S URBAN DEVELOPMENT REVIEW
BOARD. (Note: Commissioner Dawkins to submit his nomination in writing
to the Clerk.)
Mayor Suarez: OK. And the same thing with item 24. Do we have any
suggestions?
Vice Mayor Alonso: Commissioner Dawkins' appointment.
Mayor Suarez: On 24?
Vice Mayor Alonso: Yes.
Mayor Suarez: Ed Wright cannot a...
Commissioner Dawkins: No. He can no longer serve.
Mayor Suarez: Right. He passed away.
Commissioner De Yurre: It would be difficult.
Commissioner Dawkins: I will submit one in writing...
Mayor Suarez: OK. All right.
Commissioner Dawkins: If you...
Mayor Suarez: Can we do that? Can we just do it in writing? Do we need a
motion on that?
Commissioner Plummer: Yeah. You can do it in writing but it should be
ratified.
A. Quinn Jones III, Esq. (City Attorney): It should be ratified though.
Mayor Suarez: Ratified that we delegate the appointment to Commissioner
Dawkins who will do it in writing.
Mr. Jones: Um -hum.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Call the roll.
173
October 8, 1992
The following motion and resolution were introduced by Commissioner
Dawkins, who moved their adoption:
MOTION N0. 92-643
A MOTION A MOTION RATIFYING ONE APPOINTMENT TO THE
URBAN DEVELOPMENT REVIEW BOARD TO BE SUBMITTED BY
COMMISSIONER DAWKINS. IN WRITING, TO THE CITY CLERK.
RESOLUTION NO. 92-643.1
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A
MEMBER ON THE CITY OF MIAMI URBAN DEVELOPMENT REVIEW
BOARD FOR A TERM TO EXPIRE AS DESIGNATED HEREIN.
(Here follows body of resolution and motion, omitted
here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution and motion were
passed and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
44. (Continued Discussion) DEFER PROPOSED RESOLUTION TO APPOINT AN
INDIVIDUAL AS ONE OF THE CITY'S REPRESENTATIVES TO THE METRO DADE COUNTY
BISCAYNE BAY SHORELINE DEVELOPMENT REVIEW COMMITTEE (See label 42).
Mayor Suarez: Joe, do you have a quick suggestion on 23? Because we kind of
glossed over that. That is a Commission wide appointment. That is not any
particular Commissioner's prerogative, right?
Mr. Joe McManus: That is right. Mr. Perez-Zarraga had a conflict of interest
because he was on another City board.
Mayor Suarez: One of the many people who want to be on the Waterfront Board,
you would think, one of them would want to serve on the Shoreline Review
Committee.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor. Suarez: Commissioner Dawkins doesn't want to name any of the Waterfront
Board member which would be a punishment to the Shoreline Review. I am going
to tell Frank Albritton you said that.
174 October 8, 1992
Commissioner Plummer: Now about Stuart Sorg?
Mayor Suarez: Stuart Sorg, that is real punishment.
Mr. McManus: Mr. Mayor, I think they would appreciate, from the County's
point of view, they would appreciate having an architect or an engineer.
Somebody with a professional background.
Mayor Suarez: Shoreline Development Review Committee.
Commissioner Dawkins: Are you an engineer?
Unidentified Speaker: How about a contractor?
Commissioner Dawkins: No. The other one. Contractor too...
Mayor Suarez: All right. Let's try to find one. If you have a
recommendation, please, Joe. Emilio is definitely not an engineer otherwise
he would have had that project built by now. Item 25. That is a low blow,
right.
45. APPOINT / REAPPOINT INDIVIDUALS TO SERVE ON CITY'S CODE ENFORCEMENT
BOARD (Appointed / Reappointed were: Jack Topley [regular member] and
Ana Magda Guillen [alternate member]).
------------------------------------------------------
Mayor Suarez: Item 25.
Mr. Odio: You have...
Commissioner Plummer: I'll renominate Jack Topley.
Mr. Odio: ... Commissioner Alonso, Commissioner De Yurre and Commissioner
Plummer.
Commissioner Plummer: I'll renominate Jack Topley.
Commissioner Dawkins: So moved.
Mayor Suarez: So renominated, moved. Any other...
Vice Mayor Alonso: Ana Magda Guillen.
Mayor Suarez: Ana Guillen.
Vice Mayor Alonso: Do you know if she wants to be reappointed? Do you know?
Mr. Odio: We don't know.
Commissioner Plummer: It is a useless board anyhow.
175 October 8, 1992
t4 w sy
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Suarez: Please, please.
Vice Mayor Alonso: Does she want to be reappointed? Do you know?
Mayor Suarez: Yes. But you are out of order.
Vice Mayor Alonso: Yes. OK. I will appoint Ana Magda Gulllen.
Ms. Teresita Fernandez: Yes, she wants to be reappointed.
Commissioner Plummer: They don't accomplish anything. They just spend money.
Mayor Suarez: All right. So renominated and...
Commissioner Plummer: Oh. By the way, Mr. Mayor...
Mayor Suarez: Yes.
Commissioner Plummer: ... let me with great pride announce that the Code
Enforcement Board in the past 12 months have gone from twenty million dollars
in liens... They now have forty million dollars in liens in paper.
Mayor Suarez: All right.
Commissioner Plummer: It is not dollars. They got a lot of liens but no
money.
Mayor Suarez: And a lot of properties are not worth the amount of the lien,
we know that. Call the roll on the two appointments.
Commissioner Plummer: No money.
Commissioner De Yurre: Well, let me see. Jack...
Commissioner Plummer: And no clout.
Commissioner De Yurre: Do you want to serve on the Code Enforcement Board?
Commissioner Plummer: And no action.
Commissioner De Yurre: You. You know...
Mayor Suarez: That will keep them from writing nasty stuff. I like that.
Commissioner De Yurre: You don't want to serve your community?
Unidentified Speaker: I do serve my community.
Commissioner De Yurre: No. Really serve your community.
Commissioner Plummer: In a proper way.
176 October 8, 1992
dyyS
3
Mayor Suarez: All right. As to the two nominations, call the roll.
Ms. Teresita Fernandez: Ms. Vice Mayor, are you aware that we still have one
vacancy?
Vice Mayor Alonso: What?
Ms. Fernandez: Are you aware that we still have one vacancy?
Vice Mayor Alonso: Mine.
Commissioner Plummer: Yes, hers. Yes.
Ms. Fernandez: For an alternate.
Vice Mayor Alonso: You mean I have two?
Ms. Fernandez: You have one alternate.
Mayor Suarez: One alternate.
Vice Mayor Alonso: In addition to this one... to Ana Magda Guillen.
Ms. Fernandez: Oh, I thought that Ana Magda Guillen was going to be appointed
by Mr. De Yurre.
Vice Mayor Alonso: Well, I read here that's my appointment.
Mayor Suarez: No, she's reappointing Ana Magda Guillen.
Vice Mayor Alonso: The same person.
Ms. Fernandez: Oh, OK.
Vice Mayor Alonso: Yeah.
Mayor Suarez: Right.
Ms. Fernandez: So, then we have... We still have...
Vice Mayor Alonso: Then it's Commissioner De Yurre who has an appointment.
Mayor Suarez: We have one pending. Yes, we know that. We know that. If you
have any ideas please give them to us.
Vice Mayor Alonso: Yes, he has an appointment.
Mayor Suarez: In the meantime, let's vote on the two that we've got.
Commissioner Dawkins: So moved.
Mayor Suarez: Thank you. Call the roll, please.
Vice Mayor Alonso: Second.
177 October 8, 1992
w
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-644
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS REGULAR MEMBERS AND AN ALTERNATIVE MEMBER OF THE
CODE ENFORCEMENT BOARD OF THE CITY OF MIAMI, FLORIDA,
FOR TERMS TO EXPIRE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
46. APPOINT / REAPPOINT INDIVIDUALS AS MEMBERS TO CITY'S LATIN QUARTER
REVIEW BOARD -- DESIGNATE TERMS OF OFFICE (Appointed / Reappointed were:
Silvio Diaz, Tessi J. Garcia, Hector Gasca, Luis Sabines, Angel C. Saqui
II, Mario Pestonit, Gloria Rosello, Mariano Corral and Daniel Perez-
Zarraga).
Mayor Suarez: Item 26. I'll renominate Tessi Garcia.
Commissioner Plummer: I'll renominate...
Mayor Suarez: ...and Silvio Diaz, both.
Commissioner Plummer: I'll renominate Hector Gasca and Luis Sabines.
Vice Mayor Alonso: And, in my case, Angel Saqui and...
Mayor Suarez: OK, Commissioner...
Vice Mayor Alonso: I reserve the right to reappoint...
individual to the additional position.
Mayor Suarez: Commissioner Dawkins?
to appoint another
178 October 8, 1992
Commissioner Dawkins: Pestonit and Rosello.
Mayor Suarez: And Gloria. Commissioner De Yurre?
Commissioner De Yurre: I reappoint both Danny and Mariano.
Mayor Suarez: OK. Commissioner Plummer?
Commissioner Plummer: I said Hector Gasca and Luis Sabines.
A. Quinn Jones III, Esq. (City Attorney): It's the... Wait, wait.
Mayor Suarez: Call the roll on the reappointment.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-645
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS
TO THE CITY OF MIAMI LATIN QUARTER REVIEW BOARD TO
SERVE TERMS OF OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
i;
Mayor Xavier L. Suarez
=i NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Jones: Which one is this? Mayor?
COMMENTS MADE AFTER ROLL CALL:
Mr. Jones: Mr. Mayor?
Mayor Suarez: Yes.
Mr. Jones: You need to make a clarification because it seems to be some are
for one year and some are for two years.
Vice Mayor Alonso: Oh, I guess...
179 October 8, 1992
9M1
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1.n •iM7 1 >
Mayor Suarez: Select therm any way you want.
Vice Mayor Alonso: We have to do it... OK. Angel Saqu1 for two years.
Mayor Suarez: Please, we've tried to indicate to staff that we don't need to
get into all of that.
Commissioner Plummer: Well, I'll tell you. How about alphabetical?
Commissioner Dawkins: That's right. In mine, do them alphabetically.
Commissioner Plummer: The first one goes for one and the...
Commissioner Dawkins: Yeah.
Commissioner Plummer: What difference does it make?
Commissioner Dawkins: The highest alphabet goes for the first one and the
lowest alphabet...
Commissioner Plummer: That's fine.
Commissioner Dawkins: ...goes for the second one.
Commissioner Plummer: That's fine.
Mayor Suarez: Neither one of my two has begged off this board so...
Commissioner Plummer: Go by the alphabet.
Vice Mayor Alonso: OK.
Mayor Suarez: ...presumably, both are interested 1n continuing to serve and
either one can be one year or two years.
Commissioner Dawkins: That's right.
Mayor Suarez: They get along.
Commissioner Dawkins: Latin 26.
180 October 8, 1992
Aft
W i W .iilY iYl r.a. rr �---------W-------------------r--------------i--r------i
47. APPOINT I REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF CITY'S OFFICE OF
PROFESSIONAL COMPLIANCE ADVISORY PANEL. (Note: Vice Mayor Alonso and
Commissioners Plummer and De Yurre are to submit their nominations in
writing.)
Mayor Suarez: Item 27. Office of Professional Compliance Advisory Panel.
Commissioner Plummer: Manny, what's your last name?
Mr. Manuel Gonzalez-Goenaga: Uh...
Commissioner Plummer: Gonzalez.
Mr. Gonzalez-Goenaga: For me it would be a liability to be offered any
position in this, because...
Mayor Suarez: All right, sir. Very good. We have an idea why. That was
Commissioner Plummer's mistake in raising the issue and we're just going to,
kind of, gloss it over. All right. Any other appointments of the people that
have appointment pending here?
Commissioner Plummer: I'll make my...
Vice Mayor Alonso: No. ...in my case.
Commissioner Plummer: I'll make my appointment in writing.
Vice Mayor Alonso: Me too.
Mayor Suarez: OK.
Commissioner Dawkins: So moved.
Mayor Suarez: So moved as to yours and the Vice Mayor. Commissioner De
Yurre, the same thing? All right. Call the roll.
The following motion and resolution were introduced by Commissioner
Plummer, who moved their adoption:
MOTION NO. 92-646
A MOTION RATIFYING THREE APPOINTMENTS TO THE OFFICE OF
PROFESSIONAL COMPLIANCE ADVISORY PANEL, WHICH
APPOINTMENTS ARE TO BE SUBMITTED, IN WRITING, TO THE
CITY CLERK AS FOLLOWS:
ONE BY VICE MAYOR ALONSO
ONE BY COMMISSIONER PLUMMER
ONE BY COMMISSIONER DE YURRE., who moved its adoption:
181 October 8, 1992
1
RESOLUTION NO. 92-646.1
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS OF THE CITY OF MIAMI OFFICE OF PROFESSIONAL
COMPLIANCE ADVISORY PANEL FOR TERMS OF OFFICE AS
DESIGNATED HEREIN.
Upon being seconded by Vice Mayor Alonso, the motion and resolution were
passed and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
48. REAPPOINT INDIVIDUALS FOR A SECOND AND FINAL THREE YEAR TERM TO SERVE ON
COMMISSION ON THE STATUS OF WOMEN (Reappointed were: Luisa M. Garcia
Toledo, Anita Rafky, Susana Sosa, Elizabeth H. Kaynor, Bernadette Morris
and Marcia Hope).
Mayor Suarez: Commission on the Status of Women, six appointments.
Vice Mayor Alonso: Move it.
Mayor Suarez: The suggested appointments are listed there. Moved.
Commissioner Plummer: I'll move all of the names suggested by the panel.
Mayor Suarez: No, you won't.
Commissioner Plummer: Oh, I'm sorry.
Mayor Suarez: You'll second them.
Commissioner Plummer: I'll second them.
Mayor Suarez: Thank you. Call the roll.
182 October 8, 1992
1
v
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption.,
RESOLUTION NO. 92-647
A RESOLUTION REAPPOINTING CERTAIN INDIVIDUALS FOR A
SECOND AND FINAL THREE (3) YEAR TERM TO SERVE AS
MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN OF
THE CITY OF MIAMI, FLORIDA.
(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.
------------------------------------------------------------------------------
49. COMMISSIONER PLUMMER REQUESTS CITY ATTORNEY TO INFORM AS TO WHETHER ONE
OF HIS APPOINTEES TO THE PLANNING ADVISORY BOARD (ELADIO ARMESTO) WOULD
BE ALLOWED TO CONTINUE TO SERVE, GIVEN HIS RECENT ELECTION AS STATE
REPRESENTATIVE.
Mayor Suarez: Item...
Commissioner Plummer: That's it on the appointments.
Mayor Suarez: Right.
Commissioner Plummer: Mr. City Attorney, do I now have an appointment on the
Zoning Board? Eladio Armesto is now a State Rep... He can't be both, am I
correct?
A. Quinn Jones III, Esq. (City Attorney): Yeah.
Commissioner De Yurre: Zoning or planning?
Commissioner Plummer: I think he was zoning.
Mr. Jones: I don't know whose appointment that is.
Commissioner Plummer: It's mine.
183 October 8, 1992
1 Yy:. �1 57�tP
IY
Mr. Jones: It's yours? If it is...
Commissioner Plummer: But the minute he's sworn in he automatically...
Mr. Jones: That would would be a problem.
Commissioner Plummer: ...has to come off. Is that correct?
Mr. Jones: That would be a problem. Yes.
50. DISCUSSION CONCERNING COMMISSIONER PENDING APPOINTMENTS TO THE MIAMI
SPORTS AND EXHIBITION AUTHORITY -- COMMISSIONER DAWKINS REQUESTS
COMMISSION TO CONSIDER APPOINTING FOR 2 AND 3 YEAR TERMS VERSUS
PRESENTLY INSTITUTED ONE AND 2 YEARS -- ISSUE TO COME BACK FOR
DISCUSSION AT NOVEMBER MEETING.
Commissioner Plummer: OK. Commissioner Dawkins, may I inquire of you, sir?
On the Sports Authority, did I ever reappoint Steve Newell, legally?
Commissioner Dawkins: I think you did, but if you didn't let's just do it to
cover.
Commissioner Plummer: All right. For the record I would like to make a
motion to ratify the reappointment of Steve Newell to the Sports Authority.
Mayor Suarez: What happened to the others whose terms expired?
Commissioner Plummer: Well, I think the rest of everybody made their
appointments and I didn't.
Mayor Suarez: No. I sure haven't.
Commissioner Plummer: Ohl
Mayor Suarez: I sure have not.
Commissioner Plummer: Excuse me...
Mayor Suarez: They're still pending.
Commissioner Plummer: Mr. Perry?
Mayor Suarez: When are they going to be on the agenda?
Mr. Bill Perry: Well, we decided at the last board meeting that it would come
back. We were going to have a meeting as it relates to the overall...
Commissioner Dawkins: Oh, that's right.
184 October 8, 1992
Mr. Perry: ...ordinance, regarding the appointments, and bring it back in
November,
Commissioner Plummer: Well, I'm going to do it before you do. So, I'm going
to...
Mr. Perry: OK.
Commissioner Plummer: ...at this point, reappoint Steve Newell as my
appointee to the Sports Authority.
Mr. Perry: Is that for a one or two year term?
Commissioner Plummer: Who's my other appointment and what is he in there for?
Mr. Perry: You have Robert Retiner who is currently serving a two year
appointment.
Commissioner Dawkins: Mr. Plummer?
Commissioner Plummer: So this one would be one?
Mr. Perry: Yeah.
Commissioner
Plummer:
I'm
sorry.
Commissioner
Dawkins:
Mr.
Plummer?
Commissioner
Plummer:
Yes,
sir.
Commissioner Dawkins: The board wanted me to ask the Commission if they would
consider two and three year terms in that the individuals work hard to
establish projects or programs, and before they can implement it, they don't
know whether they will be there or not. So, they wanted to go from one and
two year terms to two and three year terms. I don't know.
Commissioner Plummer: Would it help you if I hold my nomination at this time?
Commissioner Dawkins: Yes, sir. Please.
Mayor Suarez: Yes, please. That would really...
Commissioner Plummer: Because it's my understanding those presently there
serve until their successors have been appointed. Is that correct?
Commissioner Dawkins: Yes.
Vice Mayor Alonso: Right.
Commissioner Plummer: So, they are still in?
Mr. Perry: Right.
Commissioner Plummer: OK. I'll wait, Commissioner.
185
October 8, 1992
Commissioner Dawkins: Next Commission...
Mayor Suarez: Can't keep extending it.
Commissioner Plummer: Fine.
51. DISCUSSION CONCERNING A PROPOSAL ON THE FEASIBILITY OF MIAMI SPORTS AND
EXHIBITION AUTHORITY ACQUIRING OPERATIONAL RIGHTS OF OWNERSHIP TO
MELREESE GOLF COURSE.
Mayor Suarez: All right. Item 29. Feasibility of the Miami Sports and
Exhibition Authority acquiring operational rights of ownership to the Melreese
Golf Course.
Commissioner Dawkins: Mayor, on Item 29, I would like to read this statement
for the record. I am withdrawing item 29 but it will not suggest that any
other time that the City work out an agreement with Miami Sports and
Exhibition Authority to manage, operate or control the Melreese Golf Course.
The citizens around Melreese Golf Course are very upset about the thought of
such an arrangement and to me, real or perceived, their reasoning makes sense.
The area residents are saying the Heat agreement was negotiated without any
input from Overtown residents. They say again, an agreement regarding
Camillus House was negotiated without any input from the affected area
residents. They say I, as chairperson of the Miami Sports and Exhibition
Authority, negotiated an agreement on the Melreese Golf Course without the
area's input. In none of the above did the citizens have input as to their
likes or dislikes and recommendations. Therefore, by withdrawing this, I am
saying to MSEA (Miami Sports & Exhibition Authority), if we have desires of
working out any agreement where Melreese Golf Course is concerned, they, MSEA,
should first meet with the citizens and get their input, and then have an
agreement between the parties. And there is a consensus that is beneficial to
all.
Mayor Suarez: Very good.
Commissioner Dawkins: So, I withdraw this.
Mayor Suarez: So withdrawn.
Commissioner Plummer: Well, excuse me.
Commissioner Dawkins: Yes?
Commissioner Plummer: And, Commissioner, for the record, you know, I don't
agree with this in any way shape or form. The Camillus House agreement,
that's what we're here for today, to discuss that issue. The Melreese Golf
Course has been discussed before on many occasions and they always...
186 October 8, 1992
—77
Commissioner Dawkins: It said area... It said area in... Now look, I'm
going by the residents...
Commissioner Plummer: Hey! They had their right of input.
Commissioner Dawkins: OK. Heyl Well, I...
Commissioner Plummer: There was always public hearings on any of this.
Commissioner Dawkins: OK. I'm just...
Commissioner Plummer: The one question... And, hey, I'm in concurrence with
your memo of today. The only question that I would like answered, because it
was a legality question, is whether or not this City Commission has that right
to turn such a facility over to an agency...
Mayor Suarez: Why do you need that answered 1f as a political or policy
question we're withdrawing it?
Commissioner Plummer: Sir, because if, in fact, there is no right that this
Commission has to do such, then why go out and have meetings with the
4
residents?
1
Mayor Suarez: But if, in fact...
-�
Mr. Bill Perry: See...
Mayor Suarez: ...we're not sure that the residents want it then we're going
to go through with it, why get into a legal hassle? I mean, either way... I
mean...
Commissioner Dawkins: The residents don't want...
Mayor Suarez: Do you intend to have hearings on this?
Commissioner Dawkins: No, I don't.
Mayor Suarez: No, he's...
Mr. Perry: See, if 1... Mr. Mayor? Commissioner Dawkins, if I could... The
reason... The only reason why, at the board...
Commissioner Plummer: What's your name? Sir, what is your name?
Mr. Perry: Bill Perry.
Commissioner Plummer: Oh, yes.
Mr. Perry: Director of the Sports Authority. The only reason why this is put
on the agenda...
Commissioner Plummer: Do you live in a mailing address?
187 October 8, 1992
Commissioner Plummer: Do you have an address?
Mr. Perry: Yeah. 300 Biscayne Boulevard Way, Suite 1120.
Commissioner Plummer: And do you work for somebody?
Mr. Perry: Miami Sports and Exhibition Authority.
Commissioner Plummer: You're on payroll, but I'm asking do you work for
somebody?
Mr. Perry: Yes, yes. Basically, we were just here to put this on, to begin
discussions with the Administration which would include the neighborhood. It
was nothing to transfer the rights over to the Authority even though we
researched that and legally that could be done.
Mayor Suarez: Nothing sinister, but, Bill, are you now going to, in fact, try
to pursue this? Or are you dropping it at the direction and request of the
Chairman of the Authority?
Mr. Perry: Well, according to the statement that Commissioner Dawkins' has
read, I understand that he's intended to drop it.
Commissioner Plummer: Well, you know, I have to ask this question. Unless
somebody has misled me, I would think that the citizens of that area would
have been so much in favor...
Commissioner Dawkins: We all would have.
Commissioner Plummer: ...of what was proposed to me...
Mr. Perry: Right.
Commissioner Plummer: ...that it would be unreal.
Mr. Perry: We're looking at this... Just...
Commissioner Plummer: May I finish?
Mr. Perry: Yeah.
Commissioner Plummer: Thank you. They're proposing to spend $5,000,000...
Commissioner Dawkins: Or more.
Commissioner Plummer: ...to enhance and beautify and make a first class
! ` facility out of that golf course which today I don't think anybody is proud
of. OK? And I'm really astounded that unless the people of the thing have a
perception that somebody's trying to pull a sneaky Pete, like the
transportation center or something of that nature, that they are not out here
really trying to get this thing accomplished.
9
188 October 8, 1992
Commissioner Plummer: Sir, I'll tell you exactly...
Vice Mayor Alonso: Where is it coming from?
Commissioner Plummer: No, no. Excuse me. Let me tell you what I was told.
Let's put in the record.
Vice Mayor Alonso: Yes, please.
Commissioner Plummer: OK? Three million dollars from the Sports Authority
and $2,000,000 from the developer, the pro who presently is there.
Mr. Perry: That's not exactly correct, Commissioner Plummer. No.
Commissioner Dawkins: That's not right. That's not correct.
Commissioner Plummer: It was in that ball park.
Commissioner Dawkins: No, that's not correct at all.
Mr. Perry: Well, the ball park is a little large. You widened the ball park.
But if I could... The bottom line is...
_
Mayor Suarez: You hit a home run that went right over the fence and out of
the ball park and into the next ball park and...
Mr. Perry: No, you widened the ball park a little bit but the bottom line is
that the golf course does need some improvement and...
Commissioner Plummer: No, the golf course needs major improvements.
Mr. Perry: Significant improvements. Major improvements.
Mayor Suarez: All right. We all agree on that. And we agree that they're
probably not $5,000,000 worth.
Mr. Perry: It's currently not open and all were asking for is to begin
negotiations with the Administration, the City, and the City Attorney.
Mayor Suarez: All right.
Mr. Perry: Clearly. And then come back.
Mayor Suarez: Why don't you bring us...
Mr. Perry: That will include the residents...
Mayor Suarez: Obviously, the executive director and the chairman have to
bring a compatible recommendation here and Commissioner Dawkins has withdrawn
the item. Why doesn't the board make a recommendation and bring it back here.
0
189 October 8, 1992
r at
Commissioner Dawkins: That's all. I was getting ready to say, whatever the
board decides, I as a chairperson will do.
Commissioner Plummer: Well, let me express...
Commissioner Dawkins: We're getting back to what was said. The residents
have a very bad taste in their mouth for us and the county...
Commissioner Plummer: Because of the transportation center.
Commissioner Dawkins: ...because of the proposed airport. Take their park
and make an airport. So they are gun shy of anything at all. And that's all
it is. They're uninterested. Yes, they know that if the golf is upgraded,
the golf course will produce revenue.
Commissioner Plummer: And it will stay.
Commissioner Dawkins: They don't what will happen to the revenue. I mean,
they have legitimate complaints that if the board wants to go out and sit down
with them and convince... I have no problem with it. But I'm only going by
what the residents called me, as an elected official, and told me - not as the
Chairman of Miami Sports and Exhibition Authority.
Mayor Suarez: OK.
Commissioner Plummer: I strongly recommend as one member of this Commission
to MSEA that they immediately schedule a town hall meeting with the residents
of Grapeland Heights. Sit down as you did with me, and explain to them the
efforts that you're trying to accomplish. And let's get some real feedback
from facts, not fiction.
Mayor Suarez: Very good. As part of the process that makes sense and I'm
sure the board is going to have to take into account the determination made by
Commissioner Dawkins, Chairman of the Authority, to withdraw this item and get
back to us, Bill. It sounds like a lot of consulting that has to be done
there.
Commissioner De Yurre: Mr. Mayor, I've just got to put this on the record
because the way Melreese looks right now, either we sell it or we fix it up.
It cannot stay the way it is.
Commissioner Plummer: It's atrocious.
Commissioner De Yurre: OK? Now, I can't rely on residents not being well
informed for me to make a decision. Either it's my job to inform them so they
understand what we have here, and then we move on... But, certainly, I can't
just rely on them not knowing what's going on because they don't understand
what's going on that I don't make a decision up here which is beneficial to
their community as we know that it is.
Mayor Suarez: That's true. But that's not the item that was here. The item
that was here was to have the Authority acquire operational rights. If...
Mr. Manager, what the Commission is saying...
190 October 8, 1992
u
Commissioner Dawkins: No, I want that on there.
Mayor Suarez: ...sir, is we want a report on Melreese, on its condition and
possibly make a determination as soon as possible on improving it.
Commissioner Dawkins: And I will convene a meeting with the residents to
report back to you...
Mayor Suarez: On the issue of the Authority.
Commissioner Dawkins: ...on the issue of how they feel.
Mayor Suarez: All right.
Commissioner Dawkins: That's all. I have no problem with that. And, in
fact, I'll have them come here to voice their opinion, if that's necessary.
Mayor Suarez: Very good.
Commissioner Dawkins: OK? Let's do that on the 22nd.
Mayor Suarez: I think we should get that... We should get a complete report
and be ready to give you at least some instruction.
Commissioner Dawkins: On the 10th.
Mayor Suarez: Yeah.
Commissioner Dawkins: On the 10th.
Mayor Suarez: By the meeting of November 12th. OK? Kevin...
Commissioner Plummer: Well, that item's withdrawn, right?
Mayor Suarez: Martinez...
Commissioner Dawkins: Um-hmm.
Mayor Suarez: Yeah, but as to the park, you know... I mean, as to the golf
course and its condition, the Commission is expressing that we've got to do
something there quick and we need a report on that.
Commissioner Plummer: Have you been out there?
Mayor Suarez: I've driven by it. I haven't paid much attention.
Commissioner Plummer: Well, let me tell you something. You've got to do what
I do and get out there in a golf cart and ride that thing. It is a disgrace.
It really is. The bathrooms just cry out for nothing more than a coat of
paint.
Mayor Suarez: Alex. I just remembered the first name.
191 October 8, 1992
Commissioner Plummer: That was before the hurricane.
Commissioner Dawkins: I'm saying now.
Mayor Suarez: I want to say Martinez...
Martinez, I couldn't remember Alex.
Commissioner Plummer: Before the hurricane, the trees, the roots were
sticking up.
Mayor Suarez: And the rudest person in the City, Mr. Ruder. Yes sir, we
want a report on this by November 12th and the whole issue of the Authority or
not is another issue. Apparently, the Commission is saying that this park...
I mean, this golf course has to be somehow fixed up. Pronto. And if... I've
not heard what the figures are but if it's not $5,000,000, if we're out of the
bail park there, what exactly is available and where would it come from? If
somebody is making some private contribution... Did I hear something to that
effect?
Commissioner Dawkins: No, I think...
Mayor Suarez: Is there anything that we need to do with that person to make
sure that that private contribution is made? You're saying no. Billy's
saying yes. Sometimes with...
Commissioner De Yurre: That means maybe.
Mayor Suarez: Right.
Mr. Alberto Ruder: We know... At minimum, we know that there's at least
$1,000,000 of improvements that have to be made. That includes irrigation
system. That includes...
Mayor Suarez: The City staff are great at telling us the needs but we have to
know where the money is going to come from.
Mr. Ruder: Yeah.
Mayor Suarez: And that's what I was getting at, that if somebody...
Commissioner Plummer: Well, tell me, in this year's budget, what do you
anticipate as revenue?
Commissioner De Yurre: Right now, nothing.
Mr. Ruder: In this past year that just went by?
Commissioner Plummer: No, this year's budget.
Mr. Ruder: This coming year?
Commissioner Plummer:
What do you anticipate as revenue?
192
October 8, 1992
Mr. Ruder: Basically, about $720#000 or something.
Commissioner Plummer: Plus?
Mr. Ruder: No, $720,000.
Mayor Suarez: That's...
Mr. Ruder: That's the total that we anticipate.
Mayor Suarez: ...operating revenues or operating...
Commissioner Plummer: How much...
Mr. Ruder: That's just revenues.
Mayor Suarez: ...net operating profits?
Commissioner Plummer: How much will be...
I
Mr. Ruder: That's gross revenues.
Commissioner Plummer: What will be profit?
Mr. Ruder: It will be very close to break even.
i
Commissioner De Yurre: Is it open today?
Mr. Ruder: It's not open today.
Commissioner De Yurre: So, then those numbers are out the window
again.
Mr. Ruder: No. But the profit for this last year that just
ended, knowing
that September... is about $60,000. Sixty...
Commissioner Plummer: Plus or minus?
Mr. Ruder: Plus.
Commissioner Plummer: That's...
Mayor Suarez: But it roughly breaks even. I mean, five or ten
percent...
Mr. Ruder: Yeah.
Mayor Suarez: ...plus or minus it sounds like.
Commissioner Plummer: Only for the last couple of years.
Mayor Suarez: The last couple of years.
Commissioner Dawkins: But what happened, Mr. Plummer, is
that the Miami
Z
Sports and Exhibition Authority is desirous of making whatever
corrections are
193 October 8, 1992
•n[�t�.y ,., .. �srx34!"d�M�';t�bst�'+fti4lla4`•� ' +S( ��pi a f
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needed by selling bonds that will be backed by the Miami Sports and Exhibition
Authority. That's where the money was to come from.
Commissioner Plummer: Well, you know, I guess I stood corrected when I said
that $3,000,000 was coming from the bonds and the other...
Commissioner Dawkins: Whatever... No, go ahead. Go ahead, Mr. Perry.
Mr. Perry: Well, you can... We have proceeds available currently not from
the bonds but from savings because of the recent refinancing of approximately
$2,000,000 to go into the project. I mean, the bottom line is, this is what
we've been charged to do. And I think that we can make significant
improvements in that area. All we're asking... All I thought we were asking
was just to begin discussions...
Mayor Suarez: Yeah. And all that's taken place, Billy, is...
Mr. Perry: ...with the Administration. All that's not taken place...
Mayor Suarez: ...that there's the impression that somehow... or the
perception that somehow we failed to consult the residents initially. That
happens a lot. It probably... typically happens when the newspapers make
some kind of an article, or write some kind of an article to the effect that
somehow something is a fait accompli. It's a done deal and we've not
consulted the people. Probably it didn't happen at all here. But if you
would resolve that misimpression and get back to us with a recommendation for
the board. In the meantime, we need a full report from our staff and be ready
to act on this November 12th. It sounds like everybody agrees that that golf
course needs improvement.
Mr. Cesar Odio (City Manager): I would say...
Mayor Suarez: Whether the City does it or the Authority.
Mr. Odio: I would say that it would quiet the area there, knowing that it
will be a golf course. I mean, that it will not be an airport or something.
Mayor Suarez: And maybe... Right.
Mr. Perry: See, until the instruction comes to the Administration to work
with us it's a moot point, in my opinion, to even go to the neighborhood. We
have to get your approval to work with...
Mayor Suarez: Well, but you're going to have to get that resolved at the
level of the board in view of the withdrawal by the Chairman.
Mr. Odio: We... Mr. Mayor, one...
Mayor Suarez: We've got the responsibility to worry about the golf course
regardless of whether the Authority is involved or not.
Mr. Odio: OK. We lost 510 trees there and we are in the process with FEMA
(Federal Emergency Management Act) now and they will pay for that. So, it
will be the ideal time, if we are going to do something, to do it in
conjunction with whatever FEMA is going to do.
194 October 8, 1992
Commissioner De Yurre: Mr. Mayor?
Mayor Suarez: Yes* sir.
Commissioner De Yurre: If I may. Anyone that comes up with saying, we have
'X' dollars to fix up a golf course such as Melreese, it doesn't make any
sense that the residents would be opposed to it unless they just don't want us
to operate a golf course there. That's it. Now, if they don't want to
operate a golf course there... If they want to limit access into that
neighborhood then that's a totally different situation of which can't be done.
Mayor Suarez: Well, sometimes they just don't believe...
Commissioner De Yurre: And it's our job to instruct them.
Mayor Suarez: ...that what we say we're going to do is what we're going to do
and that may be...
Commissioner De Yurre: Well...
Commissioner Dawkins: All we're saying is give the residents an opportunity
to be heard. That's all I'm asking.
Mayor Suarez: All right.
Commissioner Dawkins: That's all I'm saying.
Mayor Suarez: Both of these things can be done by the 12th of November.
Commissioner Dawkins: Even if you vote against them after they are heard.
Mayor Suarez: Right.
Commissioner Dawkins: At least let them be heard.
Mayor Suarez: And all of these things can be done by the 12th of November,
realistically. And we do need a complete report.
52. ALLOCATE $24,500 EACH TO: (a) VIRRICK PARK, AND (b) DORSEY PARK -- FROM
THE PROFFERED TRUST FUND BALANCE OF $49,000.
Mayor Suarez: Item 30. Is this for the folks from...?
Mr. Joe McManus: Mr. Mayor, members of the Commission, this Commissioner
periodically...
Mayor Suarez: Oh, this is trust fund that's created by voluntary...
Mr. McManus: Voluntary proffers from...
195 October 8, 1992
r
Mayor Suarez: ...contributions from people who get variances, et cetera.
Mr. McManus: ...developers. There has been a commitment by the Commission of
$26,000 for Rainbow Village about two years ago. So, that's being taken out.
The Administration is proposing that $10,000 be taken out to partially fund a
parking study for Coconut Grove, leaving $49,000 that we would like some
direction from the...
Mayor Suarez: How much is left, I'm sorry?
Mr. McManus: Forty-nine thousand. We'd like some direction from you as to
how you would foresee...
Mayor Suarez: A traditional way in which we have used these funds has been
that Plummer has more or less snuck in a resolution that said to use for his
favorite park. How do we do it this time?
Commissioner Plummer: Mr. Mayor, may I suggest to you that the original
conception here was in fact...
Mayor Suarez: It was a Parks Improvement Fund. It really...
Commissioner Plummer: ...for parks, equipment for parks. And I still believe
that that is a worthwhile endeavor. The other fund which is from the Coconut
Grove festival committee, that is monies to refurbish and redo, that which is
torn down and destroyed by the festivals - so many of them.
Mayor Suarez: By the very activities that... Right.
Mr. McManus: In Peacock Park.
Commissioner Plummer: Yeah.
Mayor Suarez: ...that create the fund.
Commissioner Plummer: And, Mr. Mayor, I will not designate any one. You
know, my favorite - and I don't make any bones about it - is the Boys Club of
South Miami. Hell of a good...
Mayor Suarez: Well, but... You know, I love the Boys Club. We've got a lot
of problems with Virrick Park. I would ask that we consider some of the City
parks.
Commissioner Plummer: That's fine, sir. I have no problem with that. I
guess I put in a free plug for my great organization, the Boys Club. And if
they get a few dollars, fine. If they don't, well...
Mayor Suarez: Is there a City... as active a City Park as Virrick that is in
the kind of condition that Virrick is? I can't imagine any. I mean, I know I
have a certain preference for...
Commissioner Plummer: Well, give half of the money that's there to Virrick.
196 October 8, 1992
r1!kt �
i
=
Mr. Cesar Odio (City Manager): Simpson is another...
e
Mayor Suarez:
The problem with Simpson is that...
=e
Commissioner
Plummer: No. Simpson is not a park for kids.
Mayor Suarez:
It's not an active park for kids.
Commissioner
Plummer: We're talking about playground equipment.
Mayor Suarez:
It's kind of an educational...
l
Unidentified
Speaker: It's our only...
Mayor Suarez:
Mr. McBride, you're going to be pretty soon as bad as another
one of the people
who happens to be here today.
=!
Commissioner
De Yurre: How much money are we talking about?
Mayor Suarez:
In the front row and interrupting. _
o!
Commissioner
Dawkins: Twenty-five thousand. -
Commissioner
De Yurre: Twenty-five?
-
Mr. McManus:
Forty-nine thousand.
Commissioner
De Yurre: How much?
Mr. Odio: Four -nine.
Commissioner
Plummer: Do you want to give twenty... I'll move $25,000 to
Virrick Park.
Commissioner De Yurre: Hold it. Forty-nine thousand?
Commissioner Plummer: That's what we've got in total.
Commissioner De Yurre: Why can't we just... Instead of giving five, ten,
fifteen there and not really accomplishing significant, why don't we identify
by the next meeting a one project that will make a difference.
Mr. Odio: We...
Commissioner De Yurre: Fifty thousand dollars into one situation may make a
difference.
la
a! 197 October 8, 1992
i
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Mr. Odio: Well, keep Dorsey in mind, please. Dorsey.
Commissioner Dawkins: OK. All right. Make a motion.
Commissioner De Yurre: Well, come up with something. What are you going to
do with it? What would you do with the $509000?
Commissioner Plummer: Primarily, based on for equipment.
Mr. McManus: Would you like the Parks Department with one or two or three in
a priority manner?
iif
Commissioner De Yurre: I think it would be best. Come
up with
a
recommendations that we can then... And we'll pick whatever's...
Commissioner Plummer: You know, I would also like to know why the Parks
Department is not continuing to pursue that Adopt a Park Program?
I haven't
had one in quite a while to go to to initiate.
3
Mr. Odio: We have. No?
Mr. McManus: We're...
Commissioner De Yurre: FEMA (Federal Emergency Management Act) is
adopting
=�
all of our parks for the next few months.
=t
Mr. Odio: Right now.
Mr. Alberto Ruder: We're always pursing it. The economy has been so bad that
it's been hard, lately, to get a lot from the private sector, but we're
always
pursuing it. We've got...
Commissioner Plummer: Fine.
Vice Mayor Alonso: It's FEMA doing it, so...
Mr. Odio: Exactly.
Mayor Suarez: So, what's the deal? What's the proposal?
Mr. Ruder: We're going to come back at the next meeting with suggestions...
Mayor Suarez: All right.
Mr. Ruder: ...under what parks can use this money.
Commissioner Plummer: I'll make a motion, $25,000 now go to Virrick Park.
Mayor Suarez: I'd appreciate that.
Mr. Ruder: OK. Dorsey also needs...
Mayor Suarez: And Dorsey?
198 October 8, 1992
CW"issioAer Dawkins: What are we going to do with the other forty, -nine?
Commissioner Plummer! No, you've got... That forty-nine 1s total.
Mayor Suarez: That would leave twenty-four.
Commissioner Plummer: That will leave twenty-four.
Commissioner Dawkins: What are we going to do with the other twenty-four?
Mayor Suarez: He's just...
Commissioner Plummer: He wants to give some to Dorsey. Do you want to give
the other twenty-four to Dorsey?
Mr. Odio: We need some equipment for Dorsey.
Mayor Suarez: Split it?
Commissioner Dawkins: I second.
Mayor Suarez: Moved and seconded. We'll split it. That makes it easier.
Twenty...
Commissioner Plummer: Twenty-four fifty for each one.
Mayor Suarez: All right. Call the roll.
Vice Mayor Alonso: And forget about the recommendation.
199 October 8, 1992
MR
2
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-648
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE PRESENT TOTAL BALANCE EXISTING IN THE
PROFFERED TRUST FUND AS FOLLOWS: ONE HALF TO VIRRICK
PARK AND ONE HALF TO DORSEY PARK.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSENT: None.
Commissioner Plummer: How much is left over for the Boys Club? Bad guys.
Mr. McManus: Next time around we'll talk about it.
Commissioner Plummer: Bad guys. Next time I won't make them stand here and
wait.
53. AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSALS (RFP) FOR UNIFIED
DEVELOPMENT PROJECT (UDP) TO REDEVELOP THE OLYMPIA BUILDING FOR
RESIDENTIAL AND ANCILLARY RETAIL, RESTAURANT AND CULTURAL USE -- SELECT
CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINT MEMBERS TO A REVIEW
COMMITTEE -- COMMISSIONER PLUMMER APPOINTS NATHAN ROCK TO BE ADDED TO
THE REVIEW COMMITTEE (See label 55).
------------------------------------------------------------------------------
Commissioner Plummer: Thirty-one...
Mayor Suarez: ...begins the process it's going to...
Mr. Cesar Odio (City Manager): That's an RFP (Request for Proposal) to select
a certified public accounting firm and appointing members to a review
committee for the study to convert the Olympia Building...
Commissioner Plummer: How many in-house people do you have?
Mr. Odio: We have Sarah Eaton, Eduardo Rodriguez, and Jack Luft. And then
you have four members of the public at large.
Commissioner Plummer: Who are they?
200 October 8, 1992
x ,t
Mr. Odio: Michael Maxwell, Terry Percy, Esq., and Raul Tercilla, and Dr.
Kathy Siegler.
Commissioner Plummer: Fine. That's nice but I want to name my own.
Mr• Odio: Well, OK.
Commissioner Plummer: I... Excuse me?
Mr. Joel Maxwell: The ordinance requires that the names be submitted to the
City Commission five days before the hearing itself. This is the hearing so
they should have been before you five days ahead.
Commissioner Plummer: Well, excuse me. The private sector, my understanding,
was to be appointed by this Commission.
Mr. Maxwell: That's correct.
Commissioner Plummer: And you're saying I've got to submit the names five
days in advance?
Mr. Odio: May I resolve the... Why don't you add another person from the
board members at large. Add another one.
Commissioner Plummer: I would like to add the name of the most successful man
in downtown Miami, who knows more about downtown...
Mr. Odio: Who?
Commissioner Plummer: Nathan Rock.
Mr. Odio: Will he serve? You know, that...
Commissioner Plummer: I would at least give him the right to try.
Mr. Odio: Fine.
Mr. Maxwell: Are you talking about in addition to these names? If you're
talking about...
Commissioner Plummer: If that's the way.
Mr. Maxwell: No, no.
Commissioner Plummer: Excuse me.
Mr. Maxwell: Do it that way.
Mr. Odio: Wait. In addition. Add it.
Commissioner Plummer: Excuse me. In the future, I don't want anybody
recommending...
201 October 8, 1992
L
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Mr". Odio: Nathan? Nathan doesn't want to sit on a selection board.
Cot7missioner Plummer: ...to me who the private sector is. OK?
Mr. Odio: OK. But Nathan will not sit on...
Commissioner De Yurre: Well...
Mr. Maxwell: Fine. But you're talking about this name in addition to the
names here.
Commissioner Plummer: That's fine.
Mr. Maxwell: OK.
Commissioner Plummer: That even more weights the private sector of it. I'll
move the names.
Mayor Suarez: OK. So moved on 32.
Vice Mayor Alonso: I second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Vice Mayor Alonso: And Nathan will not attend the meetings.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-649
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
ISSUANCE OF A REQUEST FOR PROPOSALS, IN SUBSTANTIALLY
THE ATTACHED FORM, FOR A UNIFIED DEVELOPMENT PROJECT
CONSISTING OF THE REDEVELOPMENT OF THE OLYMPIA
BUILDING FOR RESIDENTIAL AND ANCILLARY RETAIL,
RESTAURANT, AND CULTURAL USE ON CITY -OWNED PROPERTY
LOCATED AT 174 E. FLAGLER STREET, MIAMI, FLORIDA;
SELECTING A CERTIFIED PUBLIC ACCOUNTING FIRM AND
APPOINTING MEMBERS TO A REVIEW COMMITTEE TO EVALUATE
PROPOSALS AND REPORT FINDINGS TO THE CITY MANAGER AS
REQUIRED BY CITY OF MIAMI CHARTER SECTION 29-A(c) AND
CITY OF MIAMI CODE SECTION 18-52.9.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
202 October 8, 1992
AYES., Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
------------------------------------------------------------------------------
54. WAIVE REQUIREMENTS FOR FORMAL SEALED BIDS, FOR FURNISHING SOFTWARE,
SUPPORT SERVICES AND TRAINING FOR CITY'S ARCHITECTURAL / ENGINEERING
COMPUTER SYSTEM (FOR DEPARTMENT OF PUBLIC WORKS) -- AUTHORIZE PURCHASE
FROM SOLE -SOURCE SUPPLIER: ACCUGRAPH CORPORATION.
------------------------------------------------------------------------------
Mayor Suarez: Item 32.
Commissioner Plummer: I move it.
Mayor Suarez: So moved.
Mr. Joel Maxwell: You just issued...
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
203 October 8, 1992
I
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-650
A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE
MEMBERS OF THE CITY COMMISSION WAIVING THE
REQUIREMENTS FOR FORMAL SEALED BIDS, FOR FURNISHING
SOFTWARE, SUPPORT SERVICES, AND TRAINING FOR THE
CITY'S ARCHITECTURAL/ ENGINEERING COMPUTER SYSTEM FOR
THE DEPARTMENT OF PUBLIC WORKS IN AN AMOUNT NOT TO
EXCEED $37,500; ALLOCATING FUNDS THEREFOR FROM THE
"ARCHITECTURAL/ENGINEERING COMPUTER SYSTEM" ACCOUNT,
PROJECT NO. 311019, AND FURTHER AUTHORIZING THE
PURCHASE FROM ACCUGRAPH CORPORATION, A SOLE -SOURCE
SUPPLIER FOR THE HEREIN COMPUTER SOFTWARE; AND
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
SOFTWARE, SOFTWARE SUPPORT, AND TRAINING, AND
THEREAFTER TO EXTEND THE CONTRACT FOR SAID SOFTWARE
SUPPORT WITH SAID SUPPLIER, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, IN AN AMOUNT NOT TO EXCEED $6,000,
SUBJECT TO THE AVAILABILITY OF FUNDS AND AN ANNUAL
WRITTEN FINDING BY THE CHIEF PROCUREMENT OFFICER,
CONFIRMED BY THE CITY MANAGER, THAT ACCUGRAPH
CORPORATION IS THE SOLE SOURCE FOR SAID SERVICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: What's this on?
Ms. Matty Hirai (City Clerk): Thirty-two, sir.
Commissioner Plummer: Thirty-two? The City Attorney... I vote yes.
204 October 8, 1992
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55, (Continued Discussion) CLARIFYING COMMENTS BY COMMISSIONER PLUMMER
CONCERNING PRIOR APPOINTMENT OF NATHAN ROCK TO THE REVIEW COMMITTEE FOR
RFP / UDP TO REDEVELOP THE OLYMPIA BUILDING (See label 53).
-----_--_ -----------------------------------
Commissioner Plummer: Let me go back to 31.
Mr. Cesar Odio (City Manager): Thirty-one?
Commissioner Plummer: Go ahead. I vote yes on 32. The City Attorney wants
it noted that on 31, that we not only voted on the committee names but we also
voted on an RFP (Request for Proposal) to go out so the committee will have
some work to do. He Just wanted that noted in the record.
Vice Mayor Alonso: Unify the...
Commissioner Plummer: He wanted to make sure everybody knew it, Mr. Manager.
Mr. Odio: You know what we're trying to do there, right? It's to convert
that...
------------------------------------------------------------------------------
56. AUTHORIZE INCREASE ($10,000) IN CONTRACT WITH GARCIA-ROSS CONSTRUCTION
COMPANY -- FOR WILLIAMS PARK REDEVELOPMENT PROJECT B-2981 (CIP 331351).
Commissioner Plummer: I move Item 33.
Mayor Suarez: So moved.
Commissioner Plummer: What's the hold up?
second.
Vice Mayor Alonso: Second.
Mayor Suarez: OK. Call the roll.
Thirty-three has a motion and a
205 October 8, 1992
The following resolution was introduced by Commissioner Plummier, who
moved its adoption:
RESOLUTION NO. 92-651
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT NOT TO EXCEED $10,0001 IN THE CONTRACT BETWEEN
THE CITY OF MIAMI, FLORIDA AND GARCIA-ROSS
CONSTRUCTION COMPANY, DATED JANUARY 30, 1992, FROM
$511,587.00 TO $521,587.00, FOR THE WILLIAMS PARK
REDEVELOPMENT PROJECT B-2981, CAPITAL IMPROVEMENT
PROJECT NO. 331351, WITH SAID FUNDS TO BE PROVIDED
FROM THE CAPITAL IMPROVEMENTS ORDINANCE NO. 10938 FROM
FUNDS ALREADY APPROPRIATED TO THE PROJECT; FURTHER
RATIFYING THE CITY MANAGER'S WRITTEN FINDING THAT THE
HEREIN INCREASE RESULTED FROM EMERGENCY CIRCUMSTANCES
BY AN AFFIRMATIVE VOTE OF FOUR -FIFTHS OF THE MEMBERS
OF THE CITY COMMISSION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
57. AUTHORIZE INCREASE ($40,000) IN CONTRACT WITH MARKS BROTHERS, INC. --
FOR DOWNTOWN HIGHWAY IMPROVEMENT PHASE II, BID "B" B-4521 (CIP 341115).
------------------------------------------------------------------------------
Mayor Suarez: Item 34?
Commissioner Plummer: I'm going to move it but I want an explanation of why
there's an increase. Who goofed up?
Mr. James Kay: On Item 34?
Vice Mayor Alonso: Yes.
Mr- Kay: That was on North 1st Street. That was a highway improvement
project. In the downtown area we have a lot of congestion of underground
utilities. We ran into, for one example,,three underground fuel tanks on that
job, which were unforeseen. In years past when a fuel tank was encountered,
206 October 8, 1992
E� s
Why it was taken away and hauled off. But now, if the job is stopped and we
have to take tests and it causes a delay in the contract.
Vice Mayor Alonso: There was no way that we could identify something like
this?
Mr. Kay: It was unforeseen.
Vice Mayor Alonso: This is quite a bit of money. Forty -thousand.
Mr. Kay: It was not in our plans at all.
Commissioner Plummer: Underground tanks, that's the problem.
Mr. Kay: It was underground. It's a very old tank.
Vice Mayor Alonso: So, there's no way we can...
Mr. Kay: Very old tanks.
Vice Mayor Alonso: How many did we find?
Mr. Kay: It was three of them we ran into on this job here, for one thing.
Vice Mayor Alonso: So, very little choice in this case.
Mr. Kay: No, there wasn't.
Vice Mayor Alonso: OK.
Commissioner Plummer: OK. Just every time you have an extension from now on,
I want an extensive explanation why.
Mr. Kay: OK.
Mr. Cesar Odio (City Manager): What item was this?
Mr. Kay: Thirty-four.
Commissioner Plummer: Thirty-four. I move it.
Vice Mayor Alonso: I second.
207
October 8, 1992
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The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-652
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT NOT TO EXCEED $40o000, IN THE CONTRACT BETWEEN
THE CITY OF MIAMI, FLORIDA AND MARKS BROTHERS, INC.,
DATED JUNE 28, 1991, FROM $1,110,181.00 TO
$1,150,181.00, FOR THE DOWNTOWN HIGHWAY IMPROVEMENT -
PHASE II BID "B" B-4521, CAPITAL IMPROVEMENT PROJECT
NO. 341115, WITH SAID FUNDS TO BE PROVIDED FROM THE
CAPITAL IMPROVEMENT ORDINANCE NO. 10938 FROM FUNDS
ALREADY APPROPRIATED TO THE PROJECT; FURTHER RATIFYING
THE CITY MANAGER'S WRITTEN FINDING THAT THE HEREIN
INCREASE RESULTED FROM EMERGENCY CIRCUMSTANCES BY AN
AFFIRMATIVE VOTE OF FOUR -FIFTHS OF THE MEMBERS OF THE
CITY COMMISSION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by 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
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: You know, I... We keep doing this. OK. Yes.
a
------------------------------------------------------------------------------
58. COMMISSIONER PLUMMER INQUIRES OF
THE ADMINISTRATION
REGARDING THE WATSON
BUILDING.
------------------------------------------------------------------------------
Mayor Suarez: Item...
Commissioner Plummer: Mr. Manager, in
this same area.
What's happening with
the Watson Building?
Mr. Cesar Odi o (City Manager) : Well,
we tried to sell
it once. We had an
offer. Then it was cancelled. And we
have tried to sell
it again and we have
had no luck with it.
�.
208
October 8, 1992
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Commissioner Plummer: Is the building being used at all? Is it occupied?
Mr. Odio: To my knowledge, it is not, because it had asbestos in it and we
have not used that building.
Commissioner Plummer: All right, sir. Thank you.
59. (A) RATIFY MANGER'S FINDING OF SOLE SOURCE -- WAIVE COMPETITIVE SEALED
BIDS -- APPROVE. ACQUISITION OF ONE "SCAT" MODEL 482E COMPOST WINDROW
TURNER FROM RAY PACE'S WASTE EQUIPMENT, INC.
(B) STATEMENT BY MANUEL GONZALEZ-GOENAGA CONCERNING REQUEST FOR
CLARIFICATION OF ALLEGED ROBBERY INCIDENT INVOLVING PERSONAL ITEMS.
(C) CLARIFYING COMMENTS BY COMMISSIONER DAWKINS CONCERNING
MISUNDERSTANDING WITH CARLOS GARCIA DURING MORNING SESSION.
(D) MAYOR SUAREZ REQUESTS TO BORROW FROM MANUEL GONZALEZ-GOENAGA A
BIOGRAPHY OF DON LUIS MUNOZ MARIN.
(E) COMMISSIONER PLUMMER FURTHER CLARIFIES THERE WERE DEFINITELY NO
RACIAL OVERTONES IN STATEMENTS MADE BY HIM AT THE LAST COMMISSION
MEETING.
------------------------------------------------------------------------------
Commissioner Plummer: I move 35.
Mayor Suarez: I'm sorry, Mr. Gonzalez-Goenaga, which item were you on, sir?
Commissioner Plummer: I move 35. I'm sorry.
Mr. Manuel Gonzalez-Goenaga: Your honor, I would like to have - in order to
save time for you who are so busy - to have just a comprehensive short
statement...
Mayor Suarez: All right.
Mr. Gonzalez-Goenaga: ...on all these, after four.
Mayor Suarez: OK, sir. Go ahead. Proceed.
Mr. Gonzalez-Goenaga: You let me know when you want it...
Mayor Suarez: That's as good... It's a good time.
Mr. Gonzalez-Goenaga: No. Well, the Mayor says that it's a good time that I
take my turn. And I'm going to make a very comprehensive statement and I wish
I were not interrupted. If I say something out of order, or there is
something that is not proper, the courts are close to hear. Honorable
Commissioners, I hope that you don't take this as a joke. When I mentioned at
the last meeting that the meeting started with a monkey and ended up with
monkey business, I think you took it as a joke. Well, I have never come here
to say jokes or to be a buffoon because we are not in the opera. We are in a
very respected, or supposedly respected Commissioners who are the
representatives of the people. And for one thing or another, I feel extremely
209 October 8, 1992
a
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Mt:
ashamed that among five Commissioners, I have been stole [sic] by Victor De
Yurre and I filed a letter which I hope you read very closely. And I have
complaints... I have public complaints about the City Manager, and I have
asked for investigations. And nothing has been done. Apparently, it's my...
There is a Spanish program that says, "Think wrong and you'll be right."
Well, this applies to this Commission and the performances here, because this
monkey business of the retirement of Cesar Odio... I have heard it in the
previous one, and some jokes back and forth. Geez... What the citizens want
to know... And you are here, are elected here, to tell the truth and make
full disclosures. And I notice that some Commissioners play under the table
more than over the counter. So, for heaven's sake, I have written many
letters to you and you, for one reason or another, for convenience, or I don't
know what, you don't come forward with straight talk. And people say,
including Mr. De Yurre, that I need psychiatric treatment. We11, Mr. De
Yurre, following your advice and the advice of the gangsters of this town -
the Police Department - I went voluntarily to the Jackson Memorial Hospital
for a psychiatric evaluation. Now it's your turn to give me back the money
that you stole from me, which is in video. And I have made complaints...
Mayor Suarez: All right, sir.
Mr. Gonzalez-Goenaga: And this is a serious matter.
Mayor Suarez: All right, sir. I believe you are referring to an incident
that took place when you left a file on the podium.
Mr. Gonzalez-Goenaga: June 11, 1992.
Mayor Suarez: All right, sir. I believe you have...
Mr. Gonzalez-Goenaga: And I have made a complaint to the Police Department...
Mayor Suarez: All right.
Mr. Gonzalez-Goenaga: ...and they have not even called me to ask me for the
video.
Mayor Suarez: Al right. We take notice of your request that you have an
answer on that. You file many, many requests on a daily basis. Most of them,
including this one today...
Mr. Gonzalez-Goenaga: No, that's not a request. That's a statement of fact.
Mayor Suarez: Well, that's what I'm saying. Most of them are the kinds of
things we cannot deal with. They're allegations, some of which are... We
think they're humorous because if we didn't think they were humorous...
Mr. Gonzalez-Goenaga: No, that's not humor because those are facts.
Mayor Suarez: Well, sir... Sir, I am telling... I'm giving you an answer to
your other...
Mr. Gonzalez-Goenaga: Oh, I'm sorry, your...
210
October 8, 1992
f
Y�
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Mayor Suarez: ...point. We do the best we can to comply with your requests.
Some of them are hard to understand. Some of them would keep our staff busy
just with your own request. We cannot do that. There's a point at which
you'll find that we're not as reasonable as we would like to be. And you have
to accept that. That's just the way... That's our ruling. If you don't like
that you can go to court. You can go to other forums.
Mr. Gonzalez-Goenaga: No, definitely I will have to go to court.
Mayor Suarez: All right, sir. There you go.
Mr. Gonzalez-Goenaga: I'm waiting only to be absolved...
Mayor Suarez: I think...
Mr. Gonzalez-Goenaga: ...acquitted from the last two cases.
Mayor Suarez: All right. Anything else?
Mr. Gonzalez-Goenaga: Well... No, no. The other thing is that... I hate to
talk about my problems here. They will be handled in the proper court...
forum. The thing is that I am really concerned, and of course I have read a
lot about Ross Perot, and his philosophy is very close to mine. And, let me
tell you, this is a ship of fools. And you are the captain of the ship of
fools. There has been here a lot of CIFARRA and you people have accepted it.
There has been a lot of mismanagement and you people are questioning. You
question the Police Department and yet, I don't know whatever happened because
I was thrown out. The prize to the City Manager is to give him more... One
hundred forty thousand dollars? More than he earns? This is stealing from
the public because if you ask your own employee, Mr. Suarez, in your law firm,
you would never give Mr... that kind of retirement. Look, Mr. Luis Munoz
Marin, I'm going to... a person who gave his life for the Puerto Rican
people, who really developed Puerto Rico, and who organized Operation
Bootstrap, and it's an island with 3,000,000 people. When he retired after 40
years in service, in dedicated service and sacrifice to the Puerto Rican
people, the legislature passed a law for him to get a pension of $50,000. And
this fake who doesn't even purchase his own title... And you know that.
Mayor Suarez: Sir.
Mr. Gonzalez-Goenaga: OK. That's enough.
Mayor Suarez: All right.
Commissioner Dawkins: Mr. Mayor, along those lines, I'd like a point of
special privilege.
Mayor Suarez: Yes, sir.
Commissioner Dawkins: This morning, when we were... I was questioning Mr.
Carlos Garcia, and something came up, and Mr. Carlos Garcia said that he "did
not understand" to me. I noticed that certain individuals jumped up and their
eyes lit up like...
211 October 8, 1992
Mayor Suarez: Manolo... Mr, Gonzalez' I just wanted to say something before
he left.
Commissioner Dawkins: OK. Go right ahead. Call him back. Call him back,
please. The Mayor would like to...
Mayor Suarez: Go ahead. Go ahead, Commissioner. Just before he left I
wanted to...
Commissioner Dawkins: And I did not call anybody any animal. I did not say
that I did not understand anybody because they had an accent. What I said
was, "Explain it to the gentleman in Spanish where he can understand it."
Mr. Gonzalez-Goenaga: I cannot believe that I have been called.
Mayor Suarez: Please, just stand right there.
Commissioner Dawkins: No, go ahead. Go right ahead.
Mayor Suarez: No, I just wanted to... I'm interrupting my colleague on...
Commissioner Dawkins: Go right ahead.
Mayor Suarez: Sir, among the things you throw at us every so often, there is
a pearl of wisdom. And I just wanted to tell you, that if you have a
biography of Luis Munoz Marin I would love to borrow it from you. And I'll
give it back to you. OK?
Vice Mayor Alonso: I can't believe it.
Mayor Suarez: Thank you.
Mr. Gonzalez-Goenaga: Yeah, but decide on the pension before.
Mayor Suarez: I'm not comparing anybody to him.
Mr. Gonzalez-Goenaga: Not after you read the book.
Mayor Suarez: I'm just... Just would like to read it. Maybe I'll learn
something. All right.
Commissioner Dawkins: OK.
Mayor Suarez: Sorry, Commissioner.
Commissioner Dawkins: I... No, problem.
Vice Mayor Alonso: I think you like him.
Commissioner Dawkins: I'd just like to say that I said, "Explain it to...
Vice Mayor Alonso: I really do.
212 October 8, 1992
Commissioner Dawkins: Mr. Carlos Garcia said he did not understand me. I did
not say I did not understand what he was saying. So, therefore, when he said
he did not understand me, I said, "Explain 1t to him in Spanish." And he
referred to me in Spanish. So, I don't want people going out of here saying
that Miller Dawkins called somebody something like somebody else up here. Or
Miller Dawkins said you've got an accent, he doesn't understand you. That had
nothing to do with it. OK. So... All right. Thank you.
Commissioner Plummer: Well, Mr. Mayor, if I could likewise go on the record.
You know, I made a statement some months ago that was, in my estimation, was
misunderstood by a one individual... Because I've made the statement so many
times up here, when all I was trying to accomplish was getting a very simple
yes or no answer. And I made the statement - and this person happened to be a
Hispanic - "do you need a translator?" And all I was trying to accomplish was
a simple yes or no answer. And some people have interpreted that, right or
wrongly, to try and say that I'm anti -Hispanic. And I think that's most
unfortunate that those kind of people, to their advantage and for their own
particular reasons, try to accomplish. While I'm at it, Mr. Mayor, let me
also go one step further. This Commission is very much aware of... At the
last Commission meeting... I very much to the front of this Commission
meeting acknowledged making a very poor choice of words in relation to an item
that took place. And I further stated that I regretted making those
statements. Some people have understood that I did not apologize. And if
that's not an apology, it was in my estimation. So that it can be extremely
clear that there were no racial overtones whatsoever in my statement. And if
being... regretting saying that is not an apology, let me make it as clear as
anyone can make it. I apologize for the statement made. I thought that I did
that when I said that I regretted making the statement. To those who want to
further... to fan the fires by saying that that was not an apology, don't let
them go any further by stating that I have not said very clearly, "I
apologize." So be it. Thank you, Mr. Mayor.
Mayor Suarez: OK. And on the issue of the translator, it is true, as it was
stated by yourself, Commissioner Dawkins, that that is a common expression up
here. Probably we shouldn't use it but it certainly wasn't intended in any
kind of an ethnic or racial way. And I think we all understand that.
Hopefully, in the future, we'll just be careful with it because apparently, it
does strike people as meaning that. And I don't think that's the way it's
meant. Certainly not in a derogatory way. We do all have accents. We all
have cultural backgrounds. We have a hard time understanding each other.
Some of the issues here are extremely complex and we don't always get...
Commissioner Plummer: Did we do 35?
Mayor Suarez: ...the simplest answers that we want from the staff. And we
get a little bit edgy about that and maybe that's one way to phrase it that we
should avoid in the future, I suppose.
Commissioner Plumper: May I suggest, sir...
Mayor Suarez: Yes, sir.
Commissioner Plummer: May I ask, Mr. Mayor, Madam Clerk, that you please
transcribe my words and forward it to all of the agencies and the individuals
involved.
213 October 8, 1992
Mayor Suarez: Thank you. All right.
Commissioner Plummer! Mr. Mayor, I prove Item 35.
Mayor Suarez: Item 35 has been moved.
Vice Mayor Alonso: Second.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Commissioner Plummer: What... Did that involve me?
[AT THIS POINT, THE CITY CLERK BEGAN TO TAKE ROLL CALL.]
Mayor Suarez: And I also rule that any comment by Commissioner De Yurre in
this whole issue not be transcribed. Yes, go ahead.
Commissioner De Yurre: It's just that it's not to clear what he said. I'm
not too sure if we all understood it, if we had the right language.
Mayor Suarez: All right. Call the roll.
Commissioner Plummer: There's the gasoline thrower.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-653
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED
PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING
OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND APPROVING THE ACQUISITION
OF ONE (1) "SCAT" MODEL 482E COMPOST WINDROW TURNER
FROM RAY PACE'S WASTE EQUIPMENT, INC., THE SOLE SOURCE
PROVIDER FOR THIS EQUIPMENT IN SOUTH FLORIDA AT A
PROPOSED COST OF $57,000.00 FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE;
ALLOCATING FUNDS THEREFOR FROM THE 1991-92 RECYCLING
PROGRAM BUDGET, ACCOUNT CODE NO. 421302-840-197004,
AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
Y
214
,
=i
October 8, 1992
t
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.
- -----------------------------------------------------------------------
60. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE COMPETITIVE SEALED
BIDS -- APPROVE ACQUISITION OF ONE LOADER RAKE WITH TOP CLAMPS FROM ACS
INDUSTRIES, INC. (FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION).
------------------------------------------------------------------------------
Commissioner Plummer: Move 36.
Mayor Suarez: Thirty-six has been moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
Commissioner Dawkins: What happened to 32 and 33?
Mayor Suarez: You turned around and we moved them really quick.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-654
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED
PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING
OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND APPROVING THE ACQUISITION
OF ONE (1) LOADER RAKE WITH TOP CLAMPS FROM ACS
INDUSTRIES, INC., THE SOLE SOURCE PROVIDER FOR THIS
EQUIPMENT IN SOUTH FLORIDA AT A PROPOSED COST OF
$9,890.00 FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE; ALLOCATING FUNDS
THEREFOR FROM THE 1991-92 RECYCLING PROGRAM BUDGET,
ACCOUNT CODE NO. 421302-840-197004, AND 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.)
215
is
October 8, 1992
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plumper, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
----------------------------------------------------------
NOTE FOR THE RECORD: At this point, agenda item 37 was
withdrawn.
----------------------------------------------------------
61. ACCEPT BID: J.J. SHANE, INC., FOR DINNER KEY MARINA RESTORATION - PHASE
I REHABILITATION OF PIERS #1, #2 AND #9 (COMMERCIAL) H-1002 (See label
63) .
------------------------------------------------------------------------------
Mayor Suarez: Item 38.
Commissioner Plummer: Thirty-eight. The recommendation is J.J. Shane, Inc.
I move the recommendation for the amount of... How much?
Mr. Kay: Four hundred eighty thousand dollars.
Commissioner Plummer: Whatever the recommendation is, I so move, Mr. Mayor.
Mayor Suarez: So moved.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded.
Commissioner Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Who is J.J. Shane?
Commissioner Plummer: He's sitting back there somewhere.
Mr. Kay: They are a contractor...
Commissioner Dawkins: Bring it...
1�;
If
Commissioner Dawkins: Bring the J.J. Shane Company to the mike.
Mr. Cesar Odio (City Manager): Bring them up.
Mr. Kay: They're here. J.J. Shane is presently doing the guideway
construction... structural steel for the Metromover project, north leg. They
are a subcontractor, not a prime contractor. I'll let you speak... I'll let
them say anything else they've done.
Commissioner Dawkins: In this contract, are they prime or sub? In this job?
Mr. Kay: They're the prime contractor.
Commissioner Dawkins: They are the prime contractors. OK. No further
questioning. Thank you.
Mayor Suarez: All right. On the item we have a motion and a second, do we?
Ms. Matty Hirai (City Clerk): Yes.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-655
A RESOLUTION ACCEPTING THE BID OF J.J. SHANE, INC., IN
THE PROPOSED AMOUNT NOT TO EXCEED $480,000.00, BASE
BID PLUS ADDITIVE ITEM #1 OF THE PROPOSAL, FOR DINNER
KEY MARINA RESTORATION - PHASE I REHABILITATION OF
PIERS #1, #2, AND #9 (COMMERCIAL) H-1002, PROJECT NO.
414501, WITH MONIES FOR SAID PROJECT TO BE REIMBURSED
BY PENDING INSURANCE CLAIMS AND THE FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) IN THE AMOUNT OF $480,000.00
TO COVER THE CONTRACT COSTS AND ANY ACTUAL
REIMBURSABLE DESIGN AND ENGINEERING EXPENSES; AND
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
217 October 8, 1992
sf 'S
n
AYES*
Commissioner
Victor De Yurre
Commissioner
Miller J. Dawkins
j
Commissioner
J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier
L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Well, I'm... You know, I'm just looking a little bit
further. I'm voting yes but I'm wondering if the next item shouldn't be
discussed in concert with this item.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: I'm glad you brought that up Commissioner Plummer because it
seems like the two are certainly related.
62. DISCUSSION CONCERNING CURRENT CONDITIONS OF DINNER KEY BOAT YARD AND
MARINA WITH RESPECT TO DAMAGE SUFFERED DURING HURRICANE ANDREW -- DIRECT
MANAGER TO EXTEND DEADLINE FOR TWO MONTHS IN CONNECTION WITH SUBMISSION
OF PROPOSALS FOR OPERATION OF DINNER KEY BOAT YARD AND MARINA, THEREBY
EXTENDING, AS APPROPRIATE, ALL OTHER CORRESPONDING DEADLINES -- DIRECT
MANAGER TO ADVERTISE CHANGE OF DATES FOR RECEIPT OF RFP.
Mayor Suarez: Al right. What we need to discuss now on 39... Now that,
presumably, we have begun to...
Commissioner Plummer: Oh, yeah. OK. It is different.
Mr. Cesar Odio (City Manager): The question of 39 is do we extend the
deadline on the RFP (Request for Proposal) that we issued, considering the
damage we received there. That was the basic question there.
Mayor Suarez: Oh, OK. What you're saying Dinner Key Marina...
Mr. Odio: That's...
Mayor Suarez: ...in 38 is right behind us.
Mr. Odio: The boat yard...
Mayor Suarez: And now the brilliant minds in the City staff have come up with
the name for the former Merrill Stevens site of Dinner Key Boat Yard and
Marina which is calculated to confuse all of us. Raul, I know you had nothing
to do with that so you don't need to...
218 October 8, 1992
Mr. Odio: Well, because Merrill Stevens was called Merrill Stevens when he
was there, but after he left...
Mayor Suarez: I'm not suggesting that should be called Merrill Stevens
either. But, folks, it would have been interesting if we had come up with
another name because now there's royal confusion out there.
Mr. Herb Bailey (Assistant City Manager): Let me ask...
Mayor Suarez: I run into people all the time who tell me what are you going
to do about Dinner Key Marina? Before the hurricane I would say, "Dinner Key
Marina? We're not going to do anything with it. It's a great marina." Now
it's Dinner Key Boat Yard and Marina.
Mr. Bailey: All right. May I say something?
Mayor Suarez: Which, by the way, I think was also the name of one of the
bidders. In fact, I think it was the name of one of the successful bidders at
one point. Weren't they called Dinner Key Boat Yard Associates or something?
Commissioner Plummer: Yes. Dinner Key Boat Yard, Inc.
Mayor Suarez: That really confuses everything. Herb, why...
Mr. Bailey: I want to make...
Mayor Suarez: Are you going to try to defend the use of that name, is that...
Mr. Bailey: No. I don't want to defend the use of the name. I just want to
make a recommendation. I want to make two and you can pick either one you
like. Because of the extent of the damage from the hurricane, the appraisals
that we had on the property are completely out of kilter now. We cannot
accurately say that the fair market value of that property is what it was at
the time before the hurricane. We would like to do one of two things: either
extend the time on the RFP for about four months, until we can determine
what's going to happen in regards to the insurance and FEMA (Federal Emergency
Management Act); or either cancel it altogether. And if we cancel it, we can
then do what has to be done in regards to fixing it up with the insurance
proceeds or the FEMA money and then go out for another appraisal and rebid it
if you like. Or you may just do it yourself.
Commissioner Plummer: Why not operate it in-house?
Mr. Bailey: Well, you may do that. That's a decision you have to make but I
have to...
Commissioner Plummer: You know, Merrill Stevens had a great philosophy there.
They sat back and allowed subcontractors to come in and do work and they took
an override. Why can't we do the same?
Mr. Bailey: You can do that. I just have to cancel the RFP or extend it.
You have to give me a decision.
219 October 8, 1992
J
Commissioner Plu:tmer: Welt, I've been voted down on that every time I cone up
so... You know.`.
Mr. Bailey: Well, I'm recommending at this point in time that we either
cancel RFP or extend it. My first recommendation is that we cancel RFP
altogether and wait until...
Mayor Suarez: Why would the hurricane have changed the essential parameters
Of it?
Mr. Odio: The marina is gone.
Mr. Bailey: It's gone.
Mr. Odio: The marina is gone.
Commissioner Plummer: Oh, it's...
Mr. Bailey: In fact, the place should be condemned.
Mr. Odio: It's gone.
Mayor Suarez: The marina?
Mr. Odio: All the piers are gone.
Mayor Suarez: We're talking about the marina now, not the boat yard?
Mr. Odio: The docks were...
Mayor Suarez: Not that the stuff above...
Mr. Odio: The hangars are... That's right.
Mayor Suarez: ...ground that we used to work on the boats.
Mr. Odio: Right. All the piers are gone.
Commissioner Plummer: The wet storage.
Mayor Suarez: The wet storage, for lack of a better word.
Mr. Odio: Wet storage and...
Commissioner Plummer: Bye-bye.
Mayor Suarez: Now, how much of that is covered by either private insurance
or...
Mr. Odio: All of it. One hundred percent.
Mayor Suarez: ...or by FEMA?
Mr. Odio: One hundred percent.
220 October B, 1992
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Mayor Suarez: So,
if we... continued that application
process, have
the
monies, presumably,
approved at some
point, and then build
that into the
RFP
as additional monies
to repair...
Mr. Odio: That's what...
Mayor Suarez: ...and bring up the marina, doesn't that actually make it more
feasible?
Mr. Bailey: Well...
Mayor Suarez: ...than less feasible? I mean, I don't...
Mr. Bailey: We don't...
Mayor Suarez: Why should it make it less feasible? I don't understand.
Mr. Bailey: I didn't say it would make it less feasible. It's just that at
the moment we cannot determine fair market value. At the time we did the
appraisal the arena had some sort of stability and we knew what it looked like
and the appraisers could give us that. We can't get that now. So the RFP has
the amount in it. It is no longer valid.
Mayor Suarez: But whatever the fair market value was, the fair market value
has improved. If you're getting 100 percent and presumably bringing up the
Code as we've heard about other facilities, it's not going to be less than the
fair market value before.
Mr. Bailey: It will take a new appraisal and the time and period is going to
be so long...
Commissioner Plummer: Lose money.
Mr. Bailey: ...you might as well start over.
Commissioner Plummer: You're going to lose money in the interim.
Mayor Suarez: How do you mean lose money? Oh, you mean lose money from the
return to the City?
Commissioner Plummer: You're going to... The revenue.
Mayor Suarez: Folks...
Commissioner Plummer: The revenue income is gone.
Mayor Suarez: But, J.L., that is not any longer the key component here. The
key component is to get that place fixed, to get it to be nice, to get it to
serve the boaters and the boating population, so that we can compete
effectively with Fort Lauderdale. Whether we get, you know, thirty or forty
or fifty thousand dollars a year, more or less, is not going to... In fact,
the sales... If we had something really nice there, the sales tax receipts
would outdo anything having to do with the return on our investment. Our
Investment is minimal there. I mean, it...
221 October 8, 1992
5
Mr. Bailey: Mr. Mayor, what I'm saying is that because of the proceeds we
will get, we will probably be able to bring that boat yard up to a standard
that was not there for quite some time.
Mayor Suarez: The marina?
Mr. Bailey: The marina. And probably some of the other damage that might
have taken place.
Mayor Suarez: The boat yard...
Mr. Bailey: The only money that was there...
Mayor Suarez: ...improvements, Herb, really had a lot of components which
were to beautify, to make it so that the general public would want to even go
back there. That is the biggest eyesore in there. In fact, I got a letter
today, you should know, complaining of businesses that are run in there...
Mr. Bailey: Well, we have damage to the sea wall, to the marina. The only...
Mayor Suarez: ...that are not even related to maritime uses.
Mr. Bailey: Yeah. But the...
Mayor Suarez: By the way, you ought to check that out and see who is in there
and what kinds of licenses they have and what kinds of things they're buying
and selling. I'm sure it's something that's been going on for a long time.
I'm not saying that anybody is doing...
Mr. Bailey: All right.
Mayor Suarez: ...anything improper but...
Mr. Bailey: I'm...
Mayor Suarez: You know, it's just a mess over there.
Mr. Bailey: I'm suggesting we cancel RFP until we fix it up and then we make
another decision at a later date because there's no way we can...
Mayor Suarez: Why would you do that? You would want to have a check to make
available to the people that would want to improve it with their funds...
Mr. Odio: No, you can't.
Mayor Suarez: Match it up with their funds...
Mr. Odio: You can't do that.
Mayor Suarez: ...and fix up the thing and do... What do you mean can't do
that?
Mr. Odio: The government will pay us to replace the docks that were gone.
222 October 8, 1992
z _}
Mayor Suarez: Right.
Mr. Odio: Brand new.
Mayor Suarez: Well, you want to do that in any event.
Mr. Odio: That's what we want to do.
Mayor Suarez: Regardless to what you do with the boat yard, with the marina
you want to rebuild the docks essentially in the same pattern as they were, I
presume.
Mr. Odio: That's correct.
Mayor Suarez: Right. So you want do that? I mean...
Mr. Odio: We want to rebuild that and then, what he's saying is, at that
moment once one is rebuilt you have to... The RFPs would...
Mayor Suarez: Modify the RFP, put in a proviso that says...
Mr. Odio: Yeah. We could do that.
Mr. Bailey: Yeah.
Mr. Odio: Let it go.
Mayor Suarez: ...we now expect the following capital funds...
Mr. Bailey: We don't know how much it is.
Mayor Suarez: ...which we intend to use in accordance with FEMA, and in
accordance guidelines, and in accordance with private insurance
requirements...
Commissioner Plummer: That ain't there.
Mayor Suarez: ...in the following way, to improve the marina and any part of
the boat yard that we get...
Mr. Odio: We can...
Mr. Bailey: That's going to...
Mayor Suarez: I don't think we're going to get any for the boat yard, are we?
Commissioner Plummer: Heyl You know... Herb...
Mr. Bailey: Any...
Commissioner Plummer: You know, there's only one way you're going to prove it
to the Mayor. Let the thing go forward...
223 October 8, 1992
4
Mrs Odiot Fine.
Commissioner Plummer: ...because there's nobody who is going to bid on it
now.
Mr. Odio: Let it go.
Commissioner Plummer: Nobody's going to bid on it.
Mr. Bailey: It will take a couple of years. We don't know when they're going
to pay us. FEMA might...
Commissioner Plummer: See, I'm just...
Mr. Odio: I know. We know.
Commissioner Plummer: What I'm saying to you is that if we were smart, in my
estimation, we would establish that we're running the boat yard and allow
people to bring their boats in there and bring in any subcontractors they
want...
Mr. Odio: Yeah.
Commissioner Plummer: ...and we take a 10 percent, 15 percent override.
Mr. Odio: We've been doing that and we're making fifteen...
Commissioner Plummer: God, you can't lose?
Mr. Odio: We've been doing that, Commissioner, and we were making...
Commissioner Plummer: OK. Hey!
Mr. Odio: ...fifteen thousand dollars a month but the marina is gone.
Commissioner Plummer: Do whatever you want.
Mr. Odio: OK. So, no. We get loss of business. We're protected against
loss of business also but...
Commissioner Plummer: That's why we established five million.
Mr. Odio: ...maybe... Mr. Mayor, let's go along with the RFP and see what
happens.
Mr. Bailey: We...
Mayor Suarez: Now, I agree with the concept that if we have all this
destruction and we're going to get all this compensation back, federal and
private, governmental and private, that it's a good juncture to try to
reexamine who we better build that into the RFPs. Is that what you're saying?
Mr. Odio: He is trying to say...
224 October 8, 1992
U
Mayor Suarez: But, I mean, that we should bring in private monies for this
incredibly attractive area of Miami, potentially, which right now looks like a
total eyesore, I have absolutely no doubt in my mind about that. We're never
going to make this area look the way it really deserves to look with our money
because the only thing that we operate profitably is the marina. That's the
only thing this City, as a business, has ever operated profitably. And to try
to get into boat yards, we've gone through all that testimony. They've told
us that this is technical, that this is difficult, that this requires... In
subcontracting it may be enough. I just can't believe that it will replace
people who were willing to spend a million and a half dollars. We had Merrill
Stevens itself willing to spend a million and a half dollars. If I remember,
that was the capital improvement figure - or more than that, $2,000,000 I
think.
Mr. Odio: Yes, it was.
Mayor Suarez: Well, whatever way makes the most sense to get it done quicker.
I mean, I don't have any preconceived notions.
Mr. Bailey: There's nothing... I might as well tell you, there's nothing
going to be quick about this. I don't want you to think...
Mayor Suarez: That's the story of your discussions with me, Herb, in almost
every field. You tell me right off the bat that you don't think things can be
done quickly. I want them done quickly. I...
Mr. Bailey: I get paid to tell you the truth.
Mayor Suarez: Yeah.
Mr. Bailey: It will not be quick.
Mayor Suarez: You get paid to do things as quickly as we need them done.
Mr. Odio: Well, my only concern, Mr. Mayor, on the marina part...
Mayor Suarez: Yeah.
Mr. Odio: ...which is the one that was really destroyed is on the permitting
part and I'm checking that out now to see if we don't... If we don't need to
go through the whole permitting process, we can rebuild pretty fast that
marina.
Mr. Bailey: You've got to go through the permitting process.
Mr. Odio: If you have to go through that process...
Mr. Bailey: And you're going to have to go through the reappraisals.
Mayor Suarez: How are we doing on the contamination issues? Do you have any
resolution of that?
Mr. Odio: The contamination was cleaned out before Andrew. Now we're done.
225 October 8, 1992
{
Mayor Suarez: We've got a clean bill of health now? - From DERM (Department
of Environmental Resources Management)?
Mr. Odio: As far as the tanks were removed and everything, yes.
Mayor Suarez: All right. Well, that's one good thing.
Mr. Odio: But, like I said, the...
Mayor Suarez: All right. Where are we on this item?
Mr. Bailey: I have asked for a... I recommended two suggestions...
Commissioner Plummer: Fine.
Mr. Bailey: ...that we extend it for at least...
Commissioner Plummer: Mr. Mayor, what do you want to do?
Vice Mayor Alonso: You're recommending...
Mayor Suarez: I was going to ask you the same thing.
Commissioner Plummer: You know what I want to do. Go ahead and cancel the
RFP at this point, operate it ourselves, and if the day comes where we feel
that it's more advantageous to go out in the private sector, and if handling
it in-house doesn't work...
Mayor Suarez: Now, the marina would be fixed...
Commissioner Plummer: We'll do 1t. We'll apply for the permits. I think we
can get permits...
Mayor Suarez: ...with all the monies that we get.
Commissioner Plummer: Definitely.
Mr. Odio: Rebuilt completely. Brand new.
Commissioner Plummer: Yeah. But I think we can get permits quicker and
better than a private individual could.
Mr. Odio: J.L., it took us, to my recollection, in this one over here, close
to two years.
Commissioner Plummer: Fine. Then it would take the private sector four.
Mr. Odio: OK. This is...
Commissioner Plummer: OK. It's not a fast process.
Mr. Odio: But I think we don't need to... I hope we don't need to go through
the whole process.
226 October 8, 1992
p
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1SJr`r
PIP
Commissioner Plummer: Pine.
Look. Hold. I
move that the RFP be
cancelled
and the City operate the boat
yard in the most advantageous way they can, to
serve the community foremost in their mind and
revenue secondary. I
so move.
Mayor Suarez: So moved. Do we have any recommendations from the Waterfront
Board?
Vice Mayor Alonso: And your recommendations?
Mr. Bailey: Yes.
Mayor Suarez: Second. Do we have any recommendations from the Waterfront
Board? No recommendations from the Waterfront Board.
Commissioner Plummer: I want to go back to the other item, Mr. Mayor.
Mayor Suarez: Do we have any recommendations from Dr. Marvin Dunn, who was
involved in the process of a winning bid. You don't want to touch this, I'm
sure.
Mr. Odio: Mr. Mayor, may I... Let me put this...
Commissioner Plummer: He's been burnt twice on that.
Mr. Odio: Alberto... Lucia...
Mayor Suarez: Yes.
Mr. Odio: Lucia brought... I might as well put it on the record so that
way... Lucia brought to us an idea on the boat yard to issue a revokable
permit to allow a group of current tenants, who are there now, to operate and
manage this facility while the RFP 1s being resolved.
Mayor Suarez: And who are the tenants? Are they the same people that the
letter that I received today alleges are using it for a variety of commercial
purposes that are not envisioned... And residential. Some are living there,
right?
Mr. Odio: Oh, I didn't see that letter. I want...
Mayor Suarez: You got some people living there?
Commissioner Dawkins: I think we're out of order. I think there's a motion
on the floor and nobody's speaking to the motion.
Mayor Suarez: If we abandon the RFP though, then we...
Commissioner Dawkins: Yeah, well then... No, no. But that's the motion on
the floor and we have not carried it.
Mayor Suarez: Right. And we have to figure out the consequences...
Commissioner Dawkins: That's right.
227 October 8, 1992
NEI
�� r7
t ,
Mayor Suarez: ...of banning the RFP.
Commissioner Dawkins: OK. We're out of order.
Mayor Suarez: Sir, what is your business?
Commissioner Dawkins: Nobody's speaking to the motion on the floor.
Mayor Suarez: Wait, let me see what this gentleman wants. What is your...
Mr. Michael Zidziunas: My name is Mike Zidziunas. I am one of the tenants at
the Dinner Key Boat Yard. I have a legitimate...
Commissioner Dawkins: It's still... hold it, Mr. Mayor.
Mayor Suarez: No. I need to find this out.
Commissioner Dawkins: Mr. Mayor?
Mayor Suarez: To vote on this item, I need to find this out.
Commissioner Dawkins: OK. We have a motion on the floor and anybody who 1s
not speaking to the point of the motion is out of order.
Mayor Suarez: All right. The chair rules that his testimony may very well be
relevant to the motion before us. Go ahead, sir.
Commissioner Dawkins: Mr. City Attorney, can the chair rule according to
Mason Rules of Order that if there is a motion on the floor...
Commissioner Plummer: The answer is yes, because the man hasn't said what
he's going to say.
Commissioner Dawkins: ...that has been properly carried...
Commissioner Plummer: So you don't know if he's speaking to the motion or
not.
Commissioner De Yurre: Have we accomplished anything here today?
Commissioner Plummer: No.
Commissioner Dawkins: ...and it is time for the question, can the Mayor
automatically rule that something can be heard that's not on the point of the
question?
A. Quinn Jones III, Esq. (City Attorney): Right now you don't know,
Commissioner, what...
Commissioner Dawkins: All right. I don't think he can either but let him go
ahead and do it.
Mr. Jones: You don't know what the...
228 October 8, 1992
I
7
F� E
Commissioner Dawkins! Let hint do it.
Mr. Jones: You don't know what the...
Commissioner Dawkins: i don't need any... Thank you, sir.
Mr. Jones: OK.
Commissioner Dawkins: He can't do it, but let him do it.
Mayor Suarez: Go ahead, sir. We want to know whether your comments are going
to be relevant to the motion before us.
Mr. Zidziunas: We have... We're being represented by Lucia Dougherty. We...
Mayor Suarez: By?
Mr. Zidziunas: By Lucia Dougherty. We have put forward a proposal to Mr.
Ruder to take over running the boat yard. As to the letter you are referring
to, I am unfamiliar...
Mayor Suarez: Well, you're a current tenant there.
Mr. Zidziunas: Yes, sir.
Mayor Suarez: If we...
Mr. Zidziunas: Licensed, insured.
Mayor Suarez: ...decide not to go through the RFP you presumably remain a
tenant there.
Commissioner Plummer: But you can't do that without going out to a bidding
process. It's impossible.
Mayor Suarez: No, but I want to know what tenancy you have there. What are
you doing there?
Commissioner Plummer: What?
Mr. Zidziunas: I am a sail maker.
Mayor Suarez: You are?
Mr. Zidziunas: I own a sail making company.
Commissioner Plummer: But he can't take over and operate it.
Mayor Suarez: Please. Please.
Commissioner Plummer: No, he can't do that.
Mayor Suarez: We can't all talk at the same time. You do what there?
229 October 8, 1992
,1
Mr. Zidziunas: I own a sail making company and...
Mayor Suarez: A sail making company?
Mr. Zidziunas: Yes.
Mayor Suarez: And you are located physically in one of those two warehouses
there?
Mr. Zidziunas: Yes, sir. On the second floor.
Mayor Suarez: You don't live there do you?
Mr. Zidziunas: No, sir.
Mayor Suarez: Is there anybody living in one of those two?
Mr. Zidziunas: It is... There are some people there who are not... There
are a lot of people... That area is attracting a lot of people who are not
legitimate businesses.
Mr. Odio: Homeless.
Mr. Zidziunas: Homeless people. And...
Mayor Suarez: But they're not carrying out businesses and living there are
they?
Mr. Odio: No.
Mr. Zidziunas: No.
Mayor Suarez: As far as you know?
Mr. Zidziunas: That is the trouble is that is being confused. That is an
issue that's being confused here.
Mr. Odio: The homeless are staying, Mr. Mayor, between the hangar and the
office, the recreation department and the other... and Vlrrick.
Commissioner Plummer: They're also sleeping out on the lawn.
Mayor Suarez: OK. Do you, sir, believe that your sail making operation would
benefit and could go on if we take the action that is proposed here of not
going through the RFP and essentially seeing if the City can operate it
itself?
Mr. Zidziunas: Absolutely. There are about 40 people who are legitimate
contractors and tenants who have been there since before you got the property
back from the trustees. Those people have deriving their sole livelihood from
that place and are currently benefiting from the City's running the place.
Mayor Suarez: OK. But none of you are spending any substantial monies to
improve it, obviously. What...
230 October 8, 1992
Mr. Zidziunas: Would you on a month -to -month?
Mayor Suarez: No, no.
Commissioner Plummer: Well, what kind of money are you paying the City?
Mr. Zidziunas: Not much.
Commissioner Plummer: So, what would you want? I mean...
Mayor Suarez: That's the thing.
Mr. Zidziunas: My point is...
Mayor Suarez: I mean, if you don't have a long-term lease, if you don't have
any secure rights, you're not going to improve it and it's going to keep
looking like an eyesore. But you, obviously, are happy with your month -to -
month tenancy where you're paying... How much are you paying?
Mr. Zidziunas: I pay 375.
Mayor Suarez: How much?
Mr. Odio: Three hundred seventy-five dollars a month.
Mayor Suarez: Dollars?
Mr. Zidziunas: Dollars.
Mr. Odio: We're charging them exactly what the bankruptcy judge had charged
and agreed to that and we agreed...
Mayor Suarez: Well, the bankruptcy judge agreed to all that because that's
what was happening here before.
Mr. Zidziunas: Right.
Mayor Suarez: He's not going to change anything. Bankruptcy judges don't
change the status quo. That's what they do.
Mr. Zidziunas: Mr. Mayor, we were in there the day after the hurricane...
Mayor Suarez: I give up.
Mr. Zidziunas: ...and cleaned up the boat yard for nothing.
Commissioner Plumper: Deep pockets. Come to the big City and get everything
for free.
Mr. Zidziunas: I've painted. I've done improvements to my space and I do
them as it looks like the future 1s going to be good. And others have too.
The boat yard is operating. It was operating before you got there. And we
can keep it operating until the climate is better for somebody to come in and
bid on this.
231 October 8, 1992
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4
Mayor Suarez: All right, sir.
We have a motion and a
second. Any
further
discussion?
Commissioner Dawkins: Mr. Mayor?
Mayor Suarez: Yes, sir.
Commissioner Dawkins: You have another person at the mike.
Mayor Suarez: Yes, sir.
Mr. Harry Ward: Mr. Mayor, I would like to speak against the motion, if I
could.
Mayor Suarez: You're name is, sir?
Mr. Ward: My name is Harry Ward. I'm a representative of T&S, Inc. We are
one of the companies that have asked for, and are considering very strongly,
and wish to bid on the boat yard at Dinner Key.
Mayor Suarez: You did not bid on any of the prior...
Mr. Ward: We have not bid in the past but we have spent a considerable amount
of money preparing our proposal for this one and would be prepared to go
forward with it. We would, of course...
Mayor Suarez: Can you quantify that at all, when you say a considerable
amount of money, what...
Mr. Ward: Close to $80,000.
Mayor Suarez: I was thinking more along the lines of a couple of million.
But, go ahead.
Mr. Ward: Well, that's what we have spent to date. We realize that...
Commissioner Plummer: Is this to prepare your...
Mr. Ward: We realize that the project will probably...
Mayor Suarez: Oh, you mean you spent $80,000 to prepare your bid?
Mr. Ward: Just preparing our bid.
Commissioner Plummer: Oh. Yeah.
Mayor Suarez: Oh, oh. That is very...
Mr. Ward: We realize that the project will, in fact, cost several millions of
dollars.
Mayor Suarez: Do you have that kind of financing?
232 October 8, 1992
S
I -
Mr. Ward: Yes, sir. We do.
Mayor Suarez: You do?
Mr. Ward: And... However, the problem is that it will take... In view of
the fact that there has been more damage done and we were not sure... And we
have not had a bidding conference with the City yet. We were not sure what
the situation would be and it has been clarified tonight that FEMA will, in
fact, pay part of that repair. I would suggest to you...
Mr. Bailey: I heard him. That's his fault.
Mr. Ward: ...that before you realign those docks, that you take into... that
the bidders take into consideration the fact that in the proposal there's
another point six or one point six acres of bottom land at that marina can be
expanded. And in our proposal that's one of the things we would like to do.
If we did that, we would consider redoing those docks anyway. So, all we're
requesting is that you postpone this or, at the very least, extend the bidding
procedure by one or two months. If you're not happy with the proposals that
come in you have the right of turning them down anyway as Mr. Plummer...
Mayor Suarez: I would think that there would be an intermediate motion...
Mr. Bailey: Fine.
Mayor Suarez: ...that would say... reanalyze the bid, take a sort of hiatus
on it, and see if we can't, within the next couple of months, make the
modifications that we need to it, to take into account what we expect to get
from the government, and possibly, including the sort of bifurcated thing
you're proposing...
Commissioner Plummer: You listen to it.
Mayor Suarez: ...where we fix the marina and the boat yard somehow is
operated through subcontractors. But, I mean... You know, don't give up on
the possibility that we're going to have somebody with major monies coming in
here and just sort of slow down totally the process.
Mr. Odio: Can...
Mayor Suarez: Because its taken so long to get us this far.
Mr. Odio: Can I ask him a question?
Mayor Suarez: Yes, sir.
Mr. Odio: Do you need an extension of time or are you ready to come...
Mr. Ward: Yes, we do. We would like to have... First of all, we would like
to have a bidders conference so that we could... We're prohibited by the
terms of the RFP to ask questions of the City until such time... We were told
that there was going to be a bidders conference. We have several questions
that we would like to have... that we were prepared to raise at that
conference.
233 October 8, 1992
Unidentified Speaker: The conference was on August 28th and that was the week
of the hurricane so we couldn't have one.
Mr. Bailey: OK. All right.
Mr. Odio: That...
Mr. Ward: Unfortunately, that conference was to take place the day that
Andrew hit.
Mr. Odio: No. I know. At that point... Let me ask another question. If we
had a conference, and we determined in that conference that... The concern
that we have on the RFP, according to Mr. Bailey, is that the rent structure
might change. The minimum payments have to change.
Mr. Ward: We'd consider that to be ideal. Nevertheless, from what we know
right now, and on the assumption that there's going to be reimbursement of
funds to reconstruct those docks, we were prepared to go ahead. We realize
that it's going to take some consideration on the part of the City, which we
would expect would be able to be handled through negotiations.
Mr. Odio: So, can I do it?
Mr. Ward: Then, instead of having $400,000 or three hundred fifty, or
whatever the number was, of wet dock slips coming in, that clearly that's
going to be set back whatever the time it takes...
Commissioner Plummer: What guarantee do we get at the...
Mr. Ward: ...to build the docks and re -rent them, but that...
Mr. Odio: Hold it.
Mr. Ward: ...that income is certainly as much a viable potential income in
the future as it was...
Mayor Suarez: As it was before the hurricane.
Mr. Ward: ...the day that this proposal went out.
Mr. Odio: Sure. How much time do you need, do you think? To extend the RFP?
Mr. Ward: Two months we would consider more than adequate.
Mr. Odio: I think we won't lose...
Mayor Suarez: Why don't we do it along those lines and if you...
Mr. Ward: And we also believe there will be other bidders.
Mayor Suarez: And if you reach the conclusion that the whole process has to
be stopped at that point...
234 October 8, 1992
Mr. Mot "then we can come bank at that point.
Mayor Suarez: We'll do it.
Mr. Odio! We have a conference with the bidders and at that point they might
decide themselves that it's better to wait or not.
Unidentified Speaker: ...only for sailboats.
Mayor Suarez: Do you want to suspend the RFP process for two months and...?
Oh, extend...
Mr. Odio: Extend the deadline, that they have to reply by two months.
Commissioner Plummer: Or some guarantee?
Mr. Ward: That's correct.
Mayor Suarez: And suspend the procedural steps that are being taken. Sort of
hold them in time, freeze them in time, whatever the appropriate terminology
is.
Mr. Ward: Or...
Mr. Odio: Well, no.
Mr. Bailey: No, I would like to...
Mr. Rafael Diaz (Assistant City Attorney):
extend everything proportionately.
Mayor Suarez: Right.
What you would have to do is
Mr. Diaz: In other words, if you go two months everything else will go...
Mayor Suarez: But do we stop any of the steps that would otherwise be taken?
Mr. Odio: Let's go with...
Mr. Bailey: Wait a minute. Wait a minute. We have to amend the RFP and
that's going to take some...
Mayor Suarez: Do we need to put that in a motion?
Mr. Diaz: No, we... You don't need... You just extend them proportionately.
If it were 10 days, now you go maybe 15 days or 20 days in between.
Mr. Bailey: Well, no. You've got to bring it back here to amend the RFP and
then readvertise.
Mayor Suarez: But, I mean, if something was going to... All right. I see.
Everything gets moved back.
Mr. Diaz: Gets moved back. That's correct.
T '7h 3�n�dd
235 October 8, 1992
•
Mayor Suarez: Just like you would a construction schedule or something. All
right.
Mr. Bailey: No, no. You can't do that. That's not the Code. Ask the City
Attorney.
Mr. Odio: We don't have to readvertise. We can just...
Mr. Bailey: We have to amend the RFP. Bring it back to this Commission.
Mayor Suarez: Well, no. At this point we're not amending yet. We're just
considering amending it. But meantime we would be suspending everything or
freezing everything for two months. Pushing back all the deadlines.
Mr. Odio: All we have to do is advertise the dates... the changes of dates
and that covers the code.
Mr. Diaz: And then, of course, when you have the conference then you can
issue an amendment to anybody who has expressed an interest at that point.
Mr. Odio: At that conference. OK.
Mayor Suarez: OK. There would be no conference with the bidders at this
point. We are internally reanalyzing ourselves. Right?
Mr. Odio: No. He tells me we can have a conference...
Mayor Suarez: We can?
Mr. Odio: ...with the bidders. At that moment show them the amended... the
amendments that we would want. And as I would...
Mr. Diaz: Well, as I understand 1t what the Commission is doing is setting
everything back...
Mayor Suarez: Right.
Mr. Diaz: ...by two months.
Mayor Suarez: Assuming that...
Mr. Diaz: OK? So, you... We follow the same process. We advertise that
this has been set back for two months and then we follow the same exact
process we were following to begin with. OK?
Mayor Suarez: All right. Let me ask the moving party if he'd agree to that
and then, of course...
Commissioner Plummer: That's fine.
Mayor Suarez: And if at the end of that process you still feel that in view
of the FEMA applications and in view of the new evaluation or new assessment,
or view of other things that we have found, we ought to just end the RFP
process, bring that recommendation to us and we can do that.
236 October 8, 1992
it r 3 wr-
r
i
Vice Mayor Alonso: in exempt...
Mr. Bailey: One comment, please. One comment.
Mayor Suarez: Wait, let me just see if the moving party...
Commissioner Plummer: Fine.
Mayor Suarez: ...agrees to that and the second.
Vice Mayor Alonso: No. I have one more question. Talking about the
conference...
Mr. Odio: We have to advertise the conference.
Mr. Diaz: Everything... Right. Everything we...
Vice Mayor Alonso: We have to advertise and?
Mr. Diaz: Everything would have to be advertised and we'd have to notify
anyone that has expressed an interest already that the times have changed.
Mr. Odio: And... As a...
Mr. Diaz: And at that point, if there was any change to the substance of the
RFP...
Mr. Odio: We would notify...
Mr. Diaz: ...as a result of the conference, then you again notify all the
interested parties.
Mr. Bailey: May I make a correction, please? Before everybody goes off
the...
Mayor Suarez: Yes, sir.
Mr. Bailey: If we are going to make modifications to the RFP and that would
be substantive changes in terms of how we infuse the insurance money with the
developer, or what we do with that in terms of the amount of minimum rent we
are going to see, there are changes to the RFP. We have to bring that here
for your approval.
Mr. Odio: We can do it 1n the conference.
Vice Mayor Alonso: Without coming here?
Mr. Bailey: I'm asking you for... You handle it then.
Mr. Odio: We can do it in conference with the bidders and we can amend it
there.
<' 237 October 8, 1992
l
Mr. Diaz: If you properly advertise it and everybody is notified, yes, you
can amend the RF'h at that point.
Mr. Odio: Right.
Vice Mayor Alonso: And is it clear to this Commission that it will not come
back?
Mr. Bailey: Do you want me to do that before I bring it back here? Just say
yes or no.
Commissioner Plummer: Boy, you know, when I say that they get all over me.
Mr. Odio: In other words, I guess what he's saying, is whether we go ahead,
and if we need to make amendments during the conference, by the input we get
from both FEMA and them, do we do it right there or do you want us to bring 1t
back?
Mayor Suarez: I would delegate that authority but it's up to my colleagues.
Commissioner Plummer: We do whatever 1s legal and most expeditious.
Vice Mayor Alonso: So that means yes.
Commissioner Plummer: Yes.
Mr. Odio: Based on that I... Yes.
Mr. Bailey: At the conference we do not make changes. We answer questions.
If there are requests and we...
Commissioner Plummer: Whatever is legal and most...
Mr. Bailey: Well, I'm trying to get it right because you're getting wrong
information.
Mayor Suarez: Do you have any problem with the concept that we delegate to
the Administration that power to make those amendments at that point?
Mr. Bailey: Well, we make amendments before we have the conference. The
conference is for the purpose of answering questions.
Mayor Suarez: Right.
Mr. Bailey: And if in the questions, in the conferences, we find that there
may be something that needs to be modified...
Mayor Suarez: Further amendments then.
Mr. Bailey: ...then we bring it back here and get an approval and we give
everybody the same notice.
Mayor Suarez: All right.
238 October 8, 1992
6
s'4LAl
yt3`sY�
Mr. niaz: What I thought the Commission was clarifying at this point is that
they're delegating that authority to you so that you can...
Mayor Suarez: We could go as far as delegating both sets of potential
amendments to the Administration.
Mr. Bailey: As long as we understand because when we bring it back and we
have things in there that you don't like we just want you to understand. You
told us we had at our discretion to make those changes and the Manager will so
approve that.
Mayor Suarez: I would have no problem with that.
Mr. Odio: And if I see that it's so substantial that it would make a
difference in what you want to do 1n there, I will bring 1t to you.
Mayor Suarez: You would want to bring it back.
i
Mr. Odio: OK.
Mayor Suarez: That's a fair standard.
Commissioner Plummer: You know, as long as this Commission retains the right
to throw out all bids.
Mr. Odio: You always have that right.
Commissioner Plummer: What are we worried about?
Mr. Diaz: It's always retained.
Mr. Odio: I mean we can bring you...
Commissioner Plummer: That's always our right.
Mayor Suarez: Yeah, but there is a point of absurdity in issuing bids that we
don't just have an absolute right because we kind of established such an
impossible procedure.
Commissioner Plummer: We sure would have been a hell of a lot better off if
we would have done it the last time.
Mayor Suarez: Al right. Sir, I think we've kept the process alive for
another two months and we've delegated a lot of power, if this motion passes,
to the Administration and you can give them a tot of input. If, in fact,
Herb... Mr. Manager, if we have a lot of people that have potentially...
Mr. Odio: How many were bidding?
Mr. Bailey: I don't know. If they don't have three, then it's out anyway.
Mayor Suarez: ...the financing that he's talking about, I'd certainly like to
know about it because that's good news.
239 October 8, 1992
3
Mr. Odio! We need...
Mayor Suarez: We failed on this two or three times.
Mr. Bailey: One other caution to the gentleman there and we accept your
proposal and we hope you do bid, but if we do not get three then we have
another difficulty.
Mayor Suarez: Right.
Mr. Bailey: Regardless of the amount of money you spent.
Mr. Ward: We understand that...
Mr. Bailey: All right.
Mr. Ward: ...but we would hope that our proposal would be sufficiently
inviting that it would use your imagination in addressing it.
Mr. Bailey: No, according to the...
Mr. Odio: No, no. Because you have to go to the voters.
Mayor Suarez: He means that...
Mr. Bailey: No. We'd have to go the voters and then it would not be our
decision.
Mayor Suarez: Yeah. At that point it would hopefully be sufficiently
attractive to the voters. That was tried once and...
Commissioner Plumper: It will be... Excuse me. Don't let the man go away
misunderstood.
Mr. Bailey: OK.
Commissioner Plummer: It will be our decision as to whether we send it to the
voters.
Mayor Suarez: Yes.
Mr. Bailey: That is correct.
Mayor Suarez: All right.
Mr. Ward: That was clearly understood before I came to the podium.
Mayor Suarez: The motion then is adjusted accordingly and the second... Who
was the second?
Ms. Hirai: Vice Mayor Alonso, sir.
Mayor Suarez: Do you accept the modifications?
240 October 8, 1992
-1 Vice Mayor Alonso:
Oh, yes.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-656
A MOTION DIRECTING THE CITY MANAGER TO EXTEND THE
DEADLINE FOR SUBMISSION OF PROPOSALS FOR THE OPERATION
OF DINNER KEY BOAT YARD AND MARINA FOR A PERIOD OF TWO
MONTHS, THEREBY EXTENDING ALL OTHER APPLICABLE
DEADLINES IN A CORRESPONDING MANNER.
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
63. (A) (Continued Discussion) DISCUSSION CONCERNING LIABILITY INCURRED BY
THE CITY DUE TO THE FACT THAT MANY MARINA BOAT OWNERS DID NOT REMOVE
THEIR BOATS PRIOR TO THE HURRICANE -- COMMISSIONER PLUMMER REQUESTS
OF THE ADMINISTRATION A MEMORANDUM EVERY FRIDAY MORNING, BY 9
O'CLOCK, ON THE STATUS OF THIS ISSUE -- COMMISSIONER DE YURRE URGES
THAT STEPS BE TAKEN TO ENSURE THAT THE CITY WILL BE PROTECTED IN ANY
FURTHER SIMILAR INSTANCE (See label 61).
(B) COMMISSIONER DAWKINS REQUESTS ADMINISTRATION TO TAKE EVERY POSSIBLE
STEP IN ORDER TO ASSIST CITY RESIDENTS TO FILL OUT APPROPRIATE FORMS
(APPLICATIONS FOR ASSISTANCE) IN THE AFTERMATH OF HURRICANE ANDREW.
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, I would like to go back for one minute to
Item 38. Mr. Manager, I am concerned on Item 38 - Dinner Key, out here. What
is being done about the people who caused the damage? It is my understanding
that all of them had a contract which clearly stated they had to vacate when
so given the appropriate warning and that if they did not, any damage incurred
would be at their cost. I'm asking... I am told there was how much damage,
Mr. Manager, approximately?
Mr. Cesar Odio (City Manager): It's close to $4,000,000.
241
October 8, 1992
IN
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1
Commissioner Plummer: Four million dollars and it was primarily caused, as I
have been informed, by the boats which did not leave. Am I correct in that?
Primarily, I'm not saying all.
Mr. James Kay: They did do a lot of damage. Yes.
Commissioner Plummer: OK. And I'm asking what is being done to recover that
$400000000 by the City?
A. Quinn Jones III, Esq. (City Attorney): We11, what wi11 have to do... I
was just reminded by the Manager that that question was directed to me..,
particular meeting. Essentially what it will entail is filing a lawsuit
against those people that can document and perhaps litigate it, which I don't
think there's any easy answer to it. I mean, any immediate answer to it.
Commissioner Plummer: Well, it's my understanding that the Manager has aerial
photos of the boats which did not leave.
Mr. Odio: We have a picture of the marina before Andrew and after Andrew,
let's put it that way. I certainly do.
Commissioner Plummer: Well, I mean, is there any question, Mr. Manager, that
the damage of $4,000,000 was incurred primarily by the boats that refused to
move?
Mr. Odio: No, no question about that.
Mayor Suarez: All right.
Commissioner Plummer: OK. Then...
Mayor Suarez: Then here's a suggestion, two approaches. One is notify every
single one of the boaters who left... who did not leave, of our claim that
they have collectively, very possibly been responsible for $4,000,000 worth of
damage and then proceed against one. And here's the one that I would strongly
suggest that we begin as a test case. That's that steel hull boat that was
right close to City Hall here.
Mr. Kay: The Diderot.
Mayor Suarez: Which ended up over there right close to where...
Commissioner Dawkins: Monty Trainer's.
Mr. Odio: It destroyed the boat yard.
Mr. Kay: It was in the boat yard.
Mayor Suarez: Right. Right close to Monty Trainer's and wiped out in its
wake I don't know how many different boats.
Commissioner Plummer: Sir...
242 October 8, 1992
do Ir
I
Mayor Suarez- See what kind of insurance they have. See what kind of claim
we can exert against them and that's a good big one. You know, a nice big
j identifiable one. We all know where it left. We all know where it ended.
Commissioner Plummer: Sir, I appreciate your help but let me try on my own.
Mayor Suarez: All right. You've got another one?
Commissioner Plummer: My main concern, sir, is the docks here. Not the docks
at Monty Trainer's. He's dealing with his tenants accordingly. He's dealing
with FEMA (Federal Emergency Management Act) accordingly. I am concerned
about that which I am a taxpayer that paid a lot of dollars to put that as one
of the finest marinas around.
Mayor Suarez: What... Isn't that the one I was just talking about? Isn't
that the boat, the one that...
Commissioner Plummer: No. The boat that broke loose, sir, broke loose and
went over towards Monty Trainer's.
Mayor Suarez: Oh. But I assumed that it did damage on the way to some of our
marinas. Maybe it didn't.
Commissioner Plummer: Well...
Mayor Suarez: You've got one saying no and the other one saying yes. I love -
you guys, you know.
Commissioner Plummer: I'm speaking to thirty... Item 38 on the agenda...
Mr. Kay: Right.
Commissioner Plummer: ...which is one, two and nine.
Mr. Kay: Right.
Unidentified Speaker: All of them.
Commissioner Plummer: OK. All of them.
Mayor Suarez: The way I know one of you is telling the truth is you're always
saying different things. So, you know, if it's a yes or no, one...
Mr. Odio: Let me... Let me tell you...
Mr. Jones: Commissioner...
Mr. Odio: We have to do some research.
Mr. Jones: Yeah.
Mr. Odio: There were orders given out by the emergency managers of the
County, that boat should stay in the marinas. And when I went to personally
tell some boats to leave, I said the County's saying we stay. The...
243 October 8, 1992
s�*
Commissioner Plummer: If they stayed does it not stipulate in their contract
any damages that incurred are at their expense.
Mr. Jones: I haven't seen the conference.
Mr. Odio: I don't remember.
Commissioner Plummer: Well, excuse me, now. We're now...
Mayor Suarez: And that may have been at the last moment too. Was 1t not?
Mr. Odio: No. The contract...
Commissioner Plummer: We're over six weeks.
Mr. Odio: The contract...
Commissioner Plummer: When 1s somebody around here going to do something.
Mr. Odio: The contract did say they had to move.
Commissioner Plummer: OK. Look, every Friday at 9:00 a.m., I want a memo on
my desk explaining to me where you are on this scenario. I don't think it's
right to ask the taxpayers of this City, the non -boaters, to foot the tab to
redo that marina when it was not caused by their negligence.
Mr. Jones: You have the insurance.
Commissioner Plummer: Insurance? You're going to pay more for insurance now.
OK? It's unfair to the taxpayers.
Ij
Mr. Odio: The marina was insured in $14,000,000.
j Commissioner Plummer: Mr. Manager, you know...
Mr. Odio: I heard you.
Commissioner Plummer: Somewhere along the line we'd better start listening to
the people who pay the salaries around here.
Mr. Odio: I heard you and we are going to have to research because there were
orders countermanding what we're doing.
Commissioner Plummer: Do you want to just forget about it?
Mr. Odio: No.
Commissioner Plummer: Is that what you want to do?
Mr. Odio: No. I didn't say that.
Commissioner Plummer: I'm beginning to wonder if that isn't because it's now
been six weeks and not a damn thing has been done. You know, if you had to
244 October 8, 1992
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if
pay for it out of your own pocket, by God you would really be humping. I want
a memo on my desk every Friday morning at 9:00 o'clock, until this matter has
been resolved by this Commission, telling me the status of where it is. Thank
you.
Mayor Suarez: All right.
Commissioner De Yurre: Mr. Mayor, if I may.
Mayor Suarez: Yes, sir. Did we vote on the item, Madam City Clerk?
Commissioner Plummer: Yes.
Mayor Suarez: OK. Commissioner De Yurre.
Commissioner De Yurre: Yes. Without getting into what's happened and how we
deal with it, I'd like to reiterate what I mentioned at a previous meeting:
that as a requirement of renting or leasing space that these boaters have
insurance and proof of insurance protecting the City in case anything of this
nature happens. That way we're protected whether they stay, whether they
leave. At least they have to pay for the insurance protecting us for any
damage caused by their boats while being docked in our property. And I would
suggest that that become part of the leasing process from now on.
Mayor Suarez: And that we be named insured and that the policy limits be set
by your determination, but not to be exactly the same as the value of the
boat. They can do a lot more damage than the value of the boat.
Mr. Odio: We demanded insurance, by the way, from every boater there and
we're now researching the value of that insurance, whether... And we also
demanded in writing that they move.
Mayor Suarez: I don't think any of them have insurance beyond the value of
the boat...
Mr. Odio: Right.
Mayor Suarez: ...because they're basically insuring for the mortgage company
so you might want to check into requiring liability insurance beyond the
amount of the value of the boat.
Commissioner Plummer: This is not correct wording.
Mr. Odio: We are also researching if they have to sign... when they sign an
agreement...
Commissioner Plummer: I gave you the wording that's acceptable to me. OK?
This is not acceptable.
Mr. Odio: ...that they have to actually show us where they are going to go to
in case of another hurricane.
Mayor Suarez: In that process... I'm sorry.
245 October 8, 1992
P r
n �
Commissioner Plummer: It said initial term if extended... the sponsors share
an agreement for an additional period not to exceed five years.
Commissioner De Yurre: But in case... Even if they don't, if they stay...
And I'm not talking about insurance protecting their ship... their boat. I'm
talking about insurance protecting...
Mayor Suarez: Liability.
Commissioner De Yurre: ...our property. So, I don't... You know, I don't-
care if they don't have any insurance on their boat. I want our property to E
be insured by them as far as that slip is concerned, the area that they are
going to be using.
Mayor Suarez: Commissioner Dawkins? !
i
i
Commissioner Plummer: Said initial term, if extended, the sponsorship
agreement for an additional period not to exceed five years.
Commissioner Dawkins: Along those same lines. Mr. Manager, who is
{� responsible for assisting people who have hurricane damage and do not know how
to proceed in the City of Miami?
Mr. Odio: Who's responsible for the ones that...
Commissioner Dawkins: Yeah. That have been in the area and have damage, do
not know how to apply, and are just suffering right now. Who do we have in
' charge of that?
Mr. Odio: I have Chief Rollason who is in charge of that. And we also
1.
have... I have the NET (Neighborhood Enforcement Team)...
Commissioner Dawkins: OK. All right. I have a...
Mr. Odio: Wait. The NET administrators have been told...
a,
Commissioner Dawkins: OK. I have a list...
Mr. Odio: ...if they hear of a case to take them by the hand and bring them
to the...
Commissioner Dawkins: OK. I have a list here of people in Overtown...
Mr. Odio: OK.
Commissioner Dawkins: ...and I'm going to give it to you and I'd like for you
to let me know Monday morning what has been done.
Mr. Odio: OK.
Commissioner Dawkins: At 423 N.W. 9th Street, Apartment 8, there are three
families who need relocating because the landlord refuses to do anything to
the hurricane damaged building and...
246 October 8, 1992
s
Commissioner Plummer: I don't like that word even though I understand it.
Commissioner Dawkins: But these people want to remain in dvertown. I don't
know we can do that We Mayor... Mr. Manager. Also, number eight, the same
423 N.W. 9th Street, it has two adults and there are five in the family.
Commissioner Plummer: No way. That word has got to come out.
Commissioner Dawkins: The Red Cross has been there but nobody has done
anything to assist them.
Commissioner Plummer: No. That is absolutely out.
Commissioner Dawkins: At 350 N.W. 11th Street which is a rooming house, it
has extensive damage and nobody is doing anything to assist these people and
they don't know how to apply.
Mr. Odio: We'll send someone over there to help.
Commissioner Dawkins: OK.
Mayor Suarez: Very good.
Commissioner Dawkins: Thank you.
Commissioner De Yurre: Mr. Mayor, if I may just further... make another
further point with this insurance thing. Mr. Odio, maybe the best thing to do
as I think about it is, instead of going individually to each boater for them
to provide us this type of insurance coverage, that we get the insurance and
just divide it proportionately with each one and just tack them with that
additional cost for using our slips. And that way it's a one shot deal.
We're covered. It's part of their costs.
Mr. Odio: The premium that we pay...
Commissioner De Yurre: That's right. Just pass it along to them, on top of
what they pay.
Mr. Odio: That's a good idea.
Commissioner De Yurre: And that will take care of that. OK?
247 October 8, 1992
64. WAIVE COMPETITIVE SEALED BID PROCEDURES FOR REPLACEMENT OF TILE AT
ESTHER ARMBRISTER PARK (FORMERLY GRAND AVENUE PARK) PRIOR TO JUNE
GOOMBAY CELEBRATION -- RATIFY MANAGER'S FINDING THAT A VALID PUBLIC
EMERGENCY EXISTED; PALLAIS CONSTRUCTION COMPANY AWARDED BID.
Mayor Suarez: Item 40.
Vice Mayor Alonso: I move 40.
Mayor Suarez: Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-657
A RESOLUTION, BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE
MEMBERS OF THE CITY COMMISSION, WAIVING FORMAL
COMPETITIVE SEALED BID PROCEDURES FOR THE REPLACEMENT
OF TILE AT ESTHER ARMBRISTER (FORMERLY GRAND AVENUE)
PARK PRIOR TO THE JUNE 1992 GOOMBAY CELEBRATION;
RATIFYING, CONFIRMING AND APPROVING THE CITY MANAGER'S
FINDING THAT A VALID PUBLIC EMERGENCY EXISTED
JUSTIFYING SAID WAIVER; RATIFYING, CONFIRMING AND
APPROVING THE CITY MANAGER'S ACTION IN AWARDING THE
INFORMAL BID AND ISSUING THE NECESSARY PURCHASE ORDERS
TO PALLAIS CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF
$7,811.00 WITH FUNDS IN SAID AMOUNT ALLOCATED FROM THE
CAPITAL IMPROVEMENT PROJECT NO. 331342 ENTITLED "GRAND
AVENUE PARK RENOVATIONS".
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
248
October 8, 1992
.ii it iii Yi i,iiJil®ifY YiY iiii �iY iJYGIPi.. Yi YlfiilW Ylii.iY idr i1i1L 3i. Yilli i.Yr.Yri----l----iii-:G------Wiiiiii �Y`ilY rYiY1f. YY.iwi�
65. WAIVE CITY CODE PROHIBITION (SECTION 2-302) AS IT APPLIES TO ARSENIO
MILIAN (PRESENTLY A MEMBER OF THE ZONING BOARD) CONCERNING HIS PROVIDING
PROFESSIONAL ENGINEERING SERVICES FOR ESTABLISHMENT OF A
TELECOMMUNICATION FEE SCHEDULE.
------- -------------------ii------------------------------------- -------------
Mayor Suarez: Item 41.
Vice Mayor Alonso: Move.
Mayor Suarez: Moved, Vice Mayor.
Commissioner Plummer: Forty-one or forty?
Mayor Suarez: Forty-one.
Vice Mayor Alonso: Forty-one.
Commissioner Plummer: What happened with forty?
Vice Mayor Alonso: We just did it.
Mayor Suarez: It just passed while you weren't looking.
Ms. Matty Hirai (City Clerk): We just did it.
Commissioner Plummer: Oh, I'm sorry. I thought I was voting on 39.
Mayor Suarez: But we took your affirmative vote anyhow.
Commissioner Plummer: No. I voted affirmatively on both.
Mayor Suarez: Thank you. Forty-one. We have a motion. Do we have a second?
Commissioner Plummer seconds. Call the roll on 41.
249
October 8, 1992
RESOLUTION NO. 92-658
A RESOLUTION WAIVING BY 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY
ADVERTISED PUBLIC HEARING, THE PROHIBITION CONTAINED
IN CITY CODE SECTION 2-302 AS SUCH PROHIBITION APPLIES
TO ARSENIO MILIAN, WHO SERVES ON THE CITY'S ZONING
BOARD, IN RELATION TO HIS PROVIDING PROFESSIONAL
ENGINEERING SERVICES FOR THE ESTABLISHMENT OF A
TELECOMMUNICATION FEE SCHEDULE AS SET FORTH IN ARTICLE
VIII OF CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: Yes. He's writing. That's good.
------------------------------------------------------------------------------
66. GRANT REQUEST BY COCONUT GROVE CHAMBER OF COMMERCE FOR INSTALLATION OF
BRONZE INLAY PLAQUES IN SIDEWALK ON MAIN HIGHWAY IN CONNECTION WITH THE
COCONUT GROVE WALK OF FAME PROJECT, WITH CONDITIONS.
------------------------------------------------------------------------------
Mayor Suarez: Item 43. Coconut Grove Chamber.
Commissioner Plummer: What about 42? Oh, we've done 42.
Vice Mayor Alonso: We did that.
Commissioner Plumper: Slow down. Will you?
dollar deal over here.
I'm trying to do the million
250
October 8, 1992
11h
�f
y
Mayor Suarez: You're trying to be an obstructionist and you want me to slow
down. All right.
Commissioner Plummer: Thanks.
Mayor Suarez: You're making a million dollar deal, you said?
Commissioner Plummer: I'm trying to get a million dollar deal before this
Commission before 9:00.
Mayor Suarez: Well, we'll slow down for that any time you're ready on that
one. All right. Forty-three. What do you need? A walk of Coconut Grove...
"Coconut Grove Walk of Fame" project.
Mr. Cesar Odio (City Manager): We would recommend this, Mr. Mayor, but with
the following conditions: that the City Commission approval of the
nominees... nominees names should be submitted to the City Commission no less
than 60 days prior to the issuance of permit; that the Public Works Department
must inspect and approve the design standard of the plaques monument prior to
the issuance of the permit by the City; and that the project organizer must
enter into an agreement with the City for the maintenance of said plaques and
monument; and that submission of a certified audit by a CPA (Certified Public
Accountant) on an annual basis.
Commissioner Plummer: That's it?
Mayor Suarez: What does Jack the king recommend on this? Are we going to get
j a nice positive editorial if we pass this thing? Are you... Is that what
you're here for? I didn't think so. All right.
Commissioner Plummer: Mr. Manager, I don't understand. Are we speaking
y now...
Mr. Odio: They're creating a Coconut Walk...
Commissioner Plummer: ...to the "Coconut Grove Walk of Fame"?
Mr. Odio: Yes.
Commissioner Plummer: Why wouldn't this naturally come under the auspices of
the Festival Committee?
Mr. Odio: Well, I don't know. They came here. I'm only asking...
Commissioner Plummer: It would seem logical to me that as a committee of the
City of which we have control, we named the members.
Mr. Odio: It's not a festival.
Ms. Tricia Naron: It's not a festival.
Commissioner Plummer: It is a part and parcel where monies are made available
through the deriving of festivals to make improvements and that's why I
thought that that would be a natural for that committee who has these dollars
to be in charge of such a deal.
251 October 8, 1992
i
Mayor Suarez: Why not? What would..
Mr. Odio: Why not?
Commissioner Plummer: Why not?
Mayor Suarez: I certainly don't want to get into the issue of walk of fame,
and all of that. Having a committee would be a good idea.
Ms. Sheila Kuhl: We have a committee that is sponsored by the Coconut
Grove...
Mayor Suarez: What is your name? What is your name, ma'am?
Ms. Kuhl: I'm Sheila Kuhl. I'm on the Board of Directors of the Coconut
Grove Chamber of Commerce. We are sponsoring the project. We've been working
on the project for about four or five months. We've developed two committees.
One is an action committee which has been planning the mode by which this
should be enacted. The...
Mayor Suarez: Let me ask a question of the City Manager and Commissioner
Plummer, at the same time, the City Attorney.
Commissioner Plummer: This sounded like another sidewalk deal.
Mayor Suarez: Everybody try to solve this. If the motion as stated, with the
provisos that were mentioned, instead of reading that the Commission
ultimately has to approve the names, reads that the festival committee has to
approve, would that be acceptable to you, Commissioner Plummer?
Commissioner Plummer: Sir, it would be but where...
Mayor Suarez: And you sort of keep supervision of the whole process that way.
Commissioner Plummer: Excuse me. Where would it go? Where would this walk
of fame be located?
Ms. Kuhl: The plan is to start down Main Highway, in the area of the
Barnacle, on the brick streets. The plan is that they would be bronzes. It
would all be privately funded and...
Mayor Suarez: Yeah. We've seen one of these before.
Commissioner Plummer: Yeah.
Mayor Suarez: The basic question was where.
-i Vice Mayor Alonso: No, but it's a little different.
Commissioner Plummer: We've been this route before.
Mayor Suarez: You answered where. Don't get too much of the other details
right now. All right.
252
October 8, 1992
Commissioner Plummer: And where is the money coming from?
Mayor Suarez: Not you. Not us.
Ms. Kuhl: Privately sponsored.
Mayor Suarez: There you go.
Commissioner Plummer: And you reallze4that everyone that you consider has to
have a permit from the City of Miami.
Mayor Suarez: On a one -by -one basis.
Ms. Kuhl: Every plaque.
Commissioner Plummer: No, no. Every application in the sidewalk, you have to
draw a permit from the Building Department.
Mayor Suarez: You see, we don't want to relinquish the right-of-way powers of
the City. We've had situations where groups think that somehow once we let
them make these decision on who gets the star, or whatever, et cetera, that
all of a sudden they own the sidewalks. You know, and that we don't.
Ms. Kuhl: Actually, we're...
Mayor Suarez: He's clarifying that there's a permit process, that each one
that is placed has to go through the permit process. He typically goes over
there and checks to see what permits are applied for. You know, and he has a
great deal of interest. Realty, we all do. I mean, the City... It is a City
street and sidewalk. It's a right-of-way. We don't relinquish that in any
way.
Ms. Kuhl: I don't... We definitely would want your backing on that and
certainly, we would want to go by the...
Commissioner Plummer: I thought we did it.
Mayor Suarez: Well, I wasn't thinking about backing. I was thinking of
our...
Vice Mayor Alonso: Permits.
Mayor Suarez: Right.
Ms. Kuhl: I'm just saying that it should by your vote.
Mayor Suarez: ...monitoring authorization, continuing authorization. Not a
blanket approval that you've got the sidewalk for the next hundred years,
something we did with the... Where's Clark Cook?
Commissioner Plummer: You also...
253
October 8, 1992
4,
Mayor Suarez: Something we did with the Off -Street Parking Authority some
years ago and always had a tough time taking back. You know, we're not doing
that.
Commissioner Plummer: What was the size of the insurance policy required
before? There was a huge insurance policy that you had to take out to
indemnify the City against liability.
Mayor Suarez: I think you have some kind of investment in insurance
companies.
Commissioner Plummer: Not me.
Mayor Suarez: No, really, if it's made of metal, obviously it has a whole
different kind of friction and people can fall and...
Commissioner Plummer: Well, whatever the liability policy required of the
people on Eighth Street, should be required of them. Whatever that was. I
don't remember what it was.
Ms. Kuhl: OK.
Mayor Suarez: All right.
Commissioner Plummer: I'll tell you truthfully, Mr. Mayor, one thing I would
like to add and I think would keep a lot of us out of trouble, that no... Are
they stars? What do you call them?
Vice Mayor Alonso: No, this is...
Ms. Kuhl: No stars.
Commissioner Plummer: What are they?
Vice Mayor Alonso: These are individuals who have...
Ms. Kuhl: This is the design.
Commissioner Plummer: What do you call them?
Ms. Kuhl: It's a plaque, I guess, would be the word.
Commissioner Plummer: I would like to have consideration that no one living
be considered.
Vice Mayor Alonso: Oh, they have it very clear.
Ms. Kuhl: Oh, we agree.
Ms. Tricia Naron: They're deceased.
Vice Mayor Alonso: It's stated here.
Commissioner Plummer: Marjorie Stoneman Douglas is living.
254 October 8, 1992
r $0 wg,�,
a
Vice Mayor Alonso: Well...
Ms. Kuhl: Yes, she is. This was...
Mayor Suarez: Prepare one for Plummer. I'm going to kill him before the end
Of today.
Commissioner Plummer: And put one with a big "X" right underneath of it.
Mayor Suarez: Right. Just in case. Just in case that one is needed. Just
put a big "X." Really.
Vice Mayor Alonso: Somehow the stars and this type of things really...
Commissioner Plummer: OK. As long, Mr. Mayor... As long as they have to
come here and get our approval for the names, I have no problem.
Mayor Suarez: Yeah, it's... They're always kind of...
4
Vice Mayor Alonso: ...think about this.
Mayor Suarez: All right.
? Commissioner Plummer: And they will comply with...
Commissioner De Yurre: Are we going to have...
Ms. Naron: ...the Commissioner of the Festival Committee?
Commissioner De Yurre: Listen to this one.
Commissioner Plummer: Excuse me?
Ms. Naron: Who needs to approve the names? The Commission or the standing...
committee?
Ms. Kuhl: No. Bronze.
Commissioner Plummer: I would have no problem since it's members of Coconut
Grove. The standing Festival Committee could approve it as far as I'm...
That's...
Mayor Suarez: Right. Absolutely.
Commissioner De Yurre: I have two questions. One is where...
Ms. Kuhl: Marla is on our committee.
Commissioner De Yurre: ...are we talking about that they're going to be
placed?
Commissioner Plummer: She said on Main Highway.
255 October 8, 1992
f bF
i
S
Commissioner De Yurre: Just Main Highway?
Ms, Kuhl: Starting on Main Highway.
Commissioner Plummer: By the Barnacle is where they plan on starting.
Commissioner De Yurre: Huh?
Ms, Kuhl: Starting on Main Highway. That was where we envision starting it.
Commissioner De Yurre: Main and what?
Ms. Kuhl: Was in the...
Commissioner De Yurre: And McFarland?
Ms. Kuhl: In the Barnacle area.
Commissioner De Yurre: At the Barnacle and heading...?
Ms. Kuhl: And heading towards the downtown area.
Commissioner De Yurre: OK. Up to where?
Ms. Kuhl: Going as far as...
Commissioner De Yurre: How many feet apart?
Ms. Naron: That's what we need to get with Public Works with.
Ms. Kuhl: We are going to consult with Public Works on that.
Commissioner De Yurre: OK. We're going to get all that information.
Secondly, are they going to be any Hispanics there?
Commissioner Plummer: A lot of Bahamians.
Commissioner De Yurre: You thought about that one?
Commissioner Plummer: A lot of Bahamians.
Commissioner De Yurre: Huh? No Hispanics, I bet you, on that one.
Mr. Odio: Only Cubans are allowed on...
Mayor Suarez: All right, let's go... Before we get into too much of this
discussion. All right.
Ms. Naron: Are we done?
Mayor Suarez: That's all into the motion.
Commissioner Plummer: That portion I will move for approval.
256
October 8, 1992
t
Mayor Suarez: So moved. Do we have a second?
Vice Mayor Alonso: Second.
Commissioner Plummer: Now... But the other portion we've got now.
Mayor Suarez: Seconded by the Vice Mayor. Any discussion?
Commissioner De Yurre: We're just voting on "A." The "A" part, right?
Commissioner Plummer: That's correct. No, no. "B" part is a different ball
game.
Mr. Odio: The Police is recommending against...
Commissioner Plummer: No, "B" portion is dead.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-659
A MOTION GRANTING REQUEST RECEIVED FROM THE COCONUT
GROVE CHAMBER OF COMMERCE FOR THE COMMISSION'S SUPPORT
CONCERNING INSTALLATION OF BRONZE INLAY PLAQUES IN
SIDEWALK ON MAIN HIGHWAY, WITH THE FOLLOWING
CONDITIONS:
A) CITY COMMISSION MUST APPROVE EACH NAME PROPOSED;
B) ALL REQUIRED PERMITS MUST BE IN ORDER;
C) PROPOSED NAMES SHALL NOT RELATE TO ANY LIVING
PERSON;
D) PROJECT ORGANIZER SHALL BE RESPONSIBLE FOR THE
MAINTENANCE OF SAID PLAQUES;
E) PROJECT ORGANIZER MUST OBTAIN NECESSARY INSURANCE
TO INDEMNIFY THE CITY AGAINST LIABILITY.
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: We just haven't pulled the plug.
257 October 8, 1992
iY.W iYllf .1 YY �fri..i Y+/i ----ffii---i..-------------------tli-in--------
67. (A) (Continued Discussion) ACCEPT BID: ASSOCIATES CONSTRUCTION CORP. --
FOR ST. HUGH OAKS VILLAGE HOUSING PROJECT B-6206.
(8) EMERGENCY ORDINANCE: AMEND 10938 -- DECREASE TOTAL APPROPRIATIONS
TO PROJECT: SCATTERED SITE AFFORDABLE HOUSING DEVELOPMENT PROGRAM
(CIP 321034 -- APPROPRIATE FUNDS AND ESTABLISH NEW PROJECT: SAINT
HUGH OAKS VILLAGE HOUSING PROJECT (CIP 321040) -- TO DEVELOP 23 NEW
SINGLE FAMILY HOMES ON CITY -OWNED ST. HUGH OAKS PARCEL IN COCONUT
GROVE (See labels 8, 12 & 37).
Commissioner Dawkins: Mr. Mayor, can I do my pocket item on...
Mayor Suarez: Commissioner Dawkins. Yes, sir.
Commissioner Dawkins: ...on St. Hugh's Oak Village?
Mayor Suarez: Yes, sir.
Commissioner Dawkins: Are you ready, Commissioner Plummer?
Commissioner Plummer: Yes, sir. I have...
Commissioner Dawkins: I move the resolution...
Commissioner Plummer: And I second.
Commissioner Dawkins: ...accepting the bid of a Associates Construction
Company.
Mayor Suarez: Associates Contractors, right?
Commissioner Dawkins: Um-hmm.
Mayor Suarez: OK. So moved and seconded. Any discussion? If not, please
call the roll.
258 October 8, 1992
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-660
A RESOLUTION ACCEPTING THE BID OF ASSOCIATES
CONSTRUCTION CORP., IN THE PROPOSED AMOUNT NOT TO
EXCEED $2,258,000.00, TOTAL BID OF THE PROPOSAL, FOR
ST. HUGH OAKS VILLAGE HOUSING PROJECT B-6206; WITH
MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR 1991-92
CAPITAL IMPROVEMENT ORDINANCE NO. 10938, PROJECT NO.
321040, IN THE AMOUNT OF $2,258,000.00 TO COVER THE
CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Dawkins: Mr. Bailey?
Mayor Suarez: Yes, yes.
Commissioner Dawkins: Mr. Bailey? You know, it's amazing how we sit up
here...
Mr. Herb Bailey (Assistant City Manager): Now what did I do?
Commissioner Dawkins: I ...and promise things to the community and in the odd
years of the election... these kinds of things don't come up in the even
year. It's only in the odd year, when the Mayor, Miriam and I are running
that these kinds of things happen, i.e. the Morningside Park, you haven't
completed that. Now, all of a sudden in October you will start and the people
will say to us, "You just started it because you're running this year.,, Now,
we've been promising these people these houses...
Commissioner Plummer: Starting what?
Commissioner Dawkins: ...for I don't know how long.
Commissioner Plummer: Oh.
259 October 8, 1992
Mr. Bailey: Four years.
Commissioner Dawkins: Four years. How quickly can you get this started, so
at least when I start to campaign...
Mayor Suarez: This is election rush here.
Commissioner Dawkins: ...in June, then people won't say that I just came out
and started this because I'm running.
Mr. Bailey: As soon as you make us...
Commissioner Plummer: 1995.
Mr. Bailey: As soon as you move and accept the suggested bidder...
Vice Mayor Alonso: We already did.
Mayor Suarez: We just did.
Vice Mayor Alonso: We just did.
Mayor Suarez: We didl
Mr. Bailey: You just did?
Commissioner Dawkins: Yes, sir.
Mayor Suarez: Yes.
Vice Mayor Alonso: Yes.
Mr. Bailey: Did we read the emergency ordinance?
A. Quinn Jones I11, Esq. (City Attorney): No.
Mr. Bailey: That's important. Let's get the emergency ordinance on, please.
Commissioner Dawkins: OK.
Mr. Odio: You need the appropriation...
Mr. Bailey: We need the appropriation ordinance for the money.
Mr. Jones: They need the...
Commissioner Dawkins: All right.
Mayor Suarez: All right.
Commissioner Dawkins: Let's get through with this one first. Call the second
roll call, Madam Clerk.
Mayor Suarez: No, I think we approved the bidder already.
260
October 8, 1992
e
� r
Commissioner Dawkins: Yeah, but he wants... What...
Mr. Jones: No, you've got to...
Mr. Dailey: You have to read the ordinance.
Mayor Suarez: No, now we need the emergency ordinance now.
Mr. Jones: You've got a corresponding emergency ordinance that you need to
vote on.
Mayor Suarez: All right. Read the ordinance, please.
Commissioner Dawkins: Read the ordinance, please, Mr. City Attorney.
Mr. Jones: You haven't voted on it. Oh, OK. I'm sorry.
Mayor Suarez: Did we call the roil on the...
Mr. Jones: No.
Mayor Suarez: ...approval of the bidder?
j! Mr. Bailey: The emergency...
Commissioner Dawkins: Yes.
Ms. Matty Hirai (City Clerk): We did.
i
i
j Mr. Jones: On the ordinance there was no roll call.
Ms. Hirai: No.
Commissioner Plummer: An emergency ordinance on a non -agenda item?
Ms. Hirai: We have no motion on it.
Commissioner Dawkins: Yes, we...
Mayor Suarez: Somebody, please...
Mr. Bailey: Well, I'll just explain it...
Commissioner Dawkins: I moved it and Commissioner Plummer seconded it.
Commissioner Plummer: Right.
Mayor Suarez: All right. So moved and seconded. Read the ordinance. Call
the roll.
261 October 8, 1992
ct �
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 10938, ADOPTED DECEMBER 5, 1991, AS AMENDED, THE
CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE BY
DECREASING THE TOTAL APPROPRIATIONS TO CAPITAL PROJECT
ENTITLED "SCATTERED SITE AFFORDABLE HOUSING
DEVELOPMENT PROGRAM", PROJECT NO. 321034 IN THE AMOUNT
OF $817,200, APPROPRIATING FUNDS IN THE AMOUNT OF
$2,258,000, AND ESTABLISHING A NEW PROJECT ENTITLED
"SAINT HUGH OAKS VILLAGE HOUSING PROJECT", PROJECT NO.
321040, FOR THE PURPOSE OF DEVELOPING TWENTY-THREE
(23) NEW SINGLE FAMILY HOMES ON THE CITY -OWNED ST.
HUGH OAKS PARCEL LOCATED IN THE COCONUT GROVE
NEIGHBORHOOD; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
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. 11009.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Commissioner Dawkins: Mr. Bailey? I have one more question, Mr. Mayor.
Mayor Suarez: Yeah. How quickly can we start?
262 October 8, 1992
r
Commissioner Dawkins:
that's right.
Mr. Bailey: Within 60 days try.
Commissioner Dawkins: Two questions. When are you going to start?
Mr. Bailey: We're going to try to start breaking ground within 60 days.
Commissioner Dawkins: Sixty days?
Mr. Bailey: It's about 16 to 18 months build out.
Commissioner Dawkins: All right. Second question. Are you going to build
into the sale price, whatever additional costs are required to bring this up
to whatever new Codes that are demanded by the South Florida...
Mr. Bailey: We'll have it to... We'll let Jim talk about it.
Mr. James Kay: We put in a debt amount on this project that now complies with
what is required at this very time in South Florida Building Code. It
incorporates all the changes that were recently made.
Commissioner Dawkins: I'll ask my question again. Are you going to build
into the sale price, any additional costs, so we will know that we are not
buying it for what we set prior to the hurricane?
Mr. Bailey: The sale price, at the moment, is about $90,000, Commissioner.
We will sell them at a price that will recover our costs. However, we will
not exceed the two point two million dollars it has cost us to build it.
Commissioner Dawkins: OK. And plus get the money back for the land like...
Mr. Bailey: And the money back for the land that this Commission has told us
to get.
Commissioner Plummer: Mr. Bailey? One of the stickling, hard -driven points
that was made at the last time this was discussed, I wish you would send all
of us a memo and bring us up to date. The selection process, has it been
completed, of who will be the beneficiaries or has it not?
Mr. Bailey: We will... I'll send that memo.
Commissioner Plummer: Send me a memo...
Mr. Bailey: Yes.
Commissioner Plummer: ...and tell me how this was done and, if the process
has gone through, who are the recipients?
Mr. Bailey: We'll do that.
Commissioner Plummer: Thank you.
263 October 8, 1992
w-----W-w!---11r--.rwYr-a-------------------------------------------------Wit AY r.rwi
68. (A) DENY REQUEST BY COCONUT GROVE CHAMBER OF COMMERCE TO SELL ALCOHOLIC
BEVERAGES DURING ANNUAL HALLOWEEN SCAVENGER HUNT EVENT.
(8) GRANT REQUEST BY COCONUT GROVE CHAMBER OF COMMERCE FOR CLOSURE OF
DESIGNATED STREETS AND WAIVER OF COCONUT GROVE SPECIAL EVENTS
DISTRICT REQUIREMENTS CONCERNING A SAFE STREETS HALLOWEEN TRICK OR
TREAT FOR KIDS EVENT.
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor?
Mayor Suarez: yes, sir.
Commissioner Plummer: I move 43-1b to be denied.
Mayor Suarez: So moved. Seconded.
Commissioner Plummer: Simply for the record, this is one of the reasons that
we, in fact, established a festival committee. The people of Coconut Grove
were tired of being burdened every time they turned around with one more
festival which had no direct or indirect relation to Coconut Grove; and that
they were asking for relief and as such is the reason for the festival
committee who established these rules and regulations and I'm upholding that
committee.
Mayor Suarez: You know, I'm going to vote... I'm going to be consistent and
say that I'm going to vote negatively on the motion because I think that we
should have as many exceptions from the rule as makes sense. And this sounds
like a good project but I hear what my colleague is saying and I understand
his reasoning too.
Commissioner Plummer: Mr. Mayor, I think that you need to hear also from the
Police Department in this particular deal.
Commissioner Dawkins: What item is this?
Mayor Suarez: Forty-three b.
Commissioner Dawkins: Forty-three b?
Mayor Suarez: Right.
Commissioner Plummer: They have made some very poignant comments that I would
like to have on the record, Mr. Manager.
Mr. Odio: OK.
Mayor Suarez: Lieutenant?
Lt. Joseph Longueira: Sir, we understand that they have requested the sale of
liquor for this event. We're recommending strongly against that. We don't
feel that they can adequately assure the proper identification and sale of
liquor to people of the proper ages in this type of circumstance.
264 October 8, 1992
R4t'i4#
Mayor Suarez: We're talking about hard liquor as opposed to...
Lt. Longueira: Yes.
Mayor Suarez: ...beer and wine.
Commissioner Plummer: No.
Lt. Longueira: Well... Beer and wine.
Commissioner Plummer: Not necessarily. There was to be...
Lt. Longueira: Beer and wine.
Commissioner Plummer: There were to be beer trucks parked in the middle of
the street and dispensed from those trucks in the middle of the street, beer,
wine and hard liquor. And just for a number of the owners of Coconut Grove
restaurants and other, this matter came about where all of the restaurants and
businesses would be able to partake of selling food and beverage. And they
feel like that it should remain that way.
Mayor Suarez: What does the Coconut Grove Village Council recommend? Have
they made a recommendation on this?
Lt. Longueira: They were not addressed on this.
Commissioner Plummer: I don't think...
Ms. Tricia Naron: They weren't addressed.
Commissioner Plummer: I don't think it's gone before them.
Ms. Naron: We met with Community Development and the Standing Festival
Committee. And, at the time, both committees agreed with the idea... with
the event. The reason for beer sales is to pay for the City services of
closing the streets. If I may back up for a moment. Early in the evening we
wanted to close the streets and have a "safe street trick -or -treat" for the
children of Coconut Grove and for those children in South Dade who probably
won't have a Halloween this year. That's the reason for the streets being
closed, so that children don't run across the street and have the potential to
be hit by a car. Unfortunately, we don't have the funding at the Chamber of
Commerce to pay for that. The only way to raise revenues nowadays, it seems
like, is by having a festival. By having the festival we have beer sales in
the streets and that's where we'll get our revenue to pay for the street
closures, to pay for Solid Waste, and to pay for the additional...
Mayor Suarez: They're kind of similar to the arguments being made by the
Goombay Festival people, isn't it?
Ms. Naron: Excuse me?
Mayor Suarez: It's kind of similar to the arguments being made by the Goombay
Festival.
265 October S, 1992
z yy
Commissioner Plummer: Why don't you go back to the restaurants in Coconut
Grove and see if they...
Ms. Naron: I'm not asking for any waivers, sir. Goombay asked for waivers.
I've...
Mayor Suarez: I thought you were.
Ms. Naron: No, sir.
Commissioner Plummer: No.
Ms. Naron: I'm not asking for any waivers of fees. Excuse me. I'm not
asking for any waivers of fees.
Commissioner Plummer: No, no.
Mayor Suarez: Oh, you just want permission to sell a lot of alcoholic
beverages. I see. Well, 1s there any accommodation... is there any
compromise as to the location, and the amount, and the kind of liquor? Any of
that that could be worked out with the Police Department, or not? J.L.,
you're the...
Mr. Sid Sussman: If I may... Can I say something?
Ms. Naron: Oh, excuse me.
Mr. Sussman: My name is Sid Sussman. I'm at 2545 Swanson. Commissioner
Plummer, to address the comment you just made. We've laid out a program for a
Halloween Scavenger Hunt where we asked every bar owner in Coconut Grove to
participate. We got three to respond. When we came up with this idea, we got
14 to make phone calls to your offices to complain against this. Well,
there's a lot more than one. When did we start this initial conversation, we
met with Major Ivan Fernandez who helped us along the way, and we made him
feel comfortable with our ability to police the issue. If you guys are aware,
the streets of Coconut Grove are shut down every year by the Police Department
for public service reasons.
Mayor Suarez: Major Ivan Fernandez was in an informal capacity in all of
this, I am sure.
Mr. Sussman: Right. You know, but...
Commissioner Plummer: His former formal capacity.
Mr. Sussman: And the Police Department at the Community Relations meeting the
other day had no problem with it. But all of a sudden, from the other day to
today, we got a no vote.
Commissioner Plummer: All you've got to do now is tell me that Greg Gillan is
involved.
Mr. Sussman: He is not at all. Not in any way, shape or form.
October 8, 1992
to }
Commissioner Plummert Do you know Greg Gillan? He used to put $6,000 down in
Dinner Key Auditorium.
Lt. Longueira: Sir, the parties involved, who they talked to, did not
represent the Department's position, at this point in this discussion. The
Department's positions is we do not recommend the sale of beer and wine on the
street. The issue is, because of the type of event, how can you identify who
you're giving the liquor to? It's very... You know, they want to turn this
into like a Fantasy Fest in the Grove. How do you control that? We have
enough problem with gangs and kids...
Mayor Suarez: A Fantasy Fest?
Lt. Longueira: In Key West. I'm sorry.
Mayor Suarez: Oh.
Lt. Longueira: Key West. How do you control the sale of beer and wine...
Mayor Suarez: You've got to be an expert on festivals around here.
Lt. Longueira: ...and the identification in that type of circumstances, to
gangs and youths that we have enough...
Commissioner Plummer: Call the question.
Lt. Longueira: ...problems with in the Grove.
Commissioner Plumper: We're getting repetitious.
Mayor Suarez: All right. We have a motion to deny 43-b. Was it seconded?
Ms. Matty Hirai (City Clerk): Yes, sir. It was.
Mayor Suarez: We vote against the Fantasy Fest if we vote for this, huh? So
moved. I mean, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-661
A MOTION TO DENY REQUEST RECEIVED FROM THE COCONUT
GROVE CHAMBER OF COMMERCE TO BE ALLOWED TO SELL
ALCOHOLIC BEVERAGES ON THE STREETS ON SATURDAY,
OCTOBER 31, 1992 IN CONNECTION WITH THE CHAMBER'S
ANNUAL HALLOWEEN SCAVENGER HUNT.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
267 October 8, 1992
S �Z
AYES: Commissioner Victor be Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Mummer, Jr.
NOES: Mayor Xavier L. Suarez
ABSENT: Vice Mayor Miriam Alonso
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: What is the motion?
Ms. Hirai: To deny 43-b, sir.
Commissioner Dawkins: Second. I mean, yes.
Mayor Suarez: I know my pastor is going to not agree with my vote, but I'll
vote no on it. In any event...
COMMENTS MADE AFTER ROLL CALL:
Commissioner Dawkins: Why would you... Why did you vote no?
Commissioner Plummer: Every Commission has got to have a boozer.
Mayor Suarez: He answered it for me.
Ms. Naron: Well, then... If I may address the Commission. The reason why I
like...
Mayor Suarez: You're not giving up?
Ms. Naron: No, no. Just a moment please. The reason why I had the beer
sales on the street was to provide a safe Halloween for the children. If we
can't...
Mayor Suarez: Oh, that's entirely logical.
Ms. Naron: No. That's how we're going to pay for the City services for it.
Mayor Suarez: But the Police Department is saying we've got a gang problem.
Ms. Naron: OK. That's fine.
Mayor Suarez: The last thing we need is to sell liquor in the streets. You
know...
Ms. Naron: That's...
Mayor Suarez: And they may not be too safe for the kids. Of course, you're
hoping by that time the smaller kids are out of there.
Commissioner Plummer: They're talking 57 policemen.
268 October 8, 1992
Ms. Naron: That's fine. Then if we can respectfully request...
Mayor Suarez: So, we have a curfew for smaller kids.
Ms. Naron: ...to close the streets so that we can have a "safe streets trick -
or -treat" for the children, from the hours of four to approximately six or
seven p.m.
Mayor Suarez: No problem with that.
Ms. Naron: Whatever the Commissioner thinks 1s fine. And have...
Mayor Suarez: I'll entertain a motion on that.
Ms. Naron: And have those fees waived.
Mayor Suarez: Which fees waived?
Ms. Naron: The street closure fees.
Mayor Suarez: I thought you weren't going to ask for any street...
Ms. Naron: I wasn't, sir. But I don't have the funding now.
Mayor Suarez: Ah, now that you didn't get the booze. Now, that you... Now
you want the same thing that Goombay wanted. All right. I'll entertain a
motion on that.
Commissioner Plummer: What?
Mayor Suarez: Just to close the streets for the kids for the "safe streets"
Halloween.
Commissioner Plummer: Which streets? What? Wait a minute. What do you mean
waiving the fees?
Ms. Naron: Waiving the street closure fees so that we may provide a safe
place for children to come trick -or -treat who live in Coconut Grove and from
South Dade.
Commissioner Plummer: How much is the waiver of the fees?
Ms. Naron: It's approximately... Street closure fees, for Main Highway,
Commodore Plaza, and Fuller Street, are approximately...
Commissioner Plummer: How much?
Ms. Naron: ...one thousand one hundred and sixteen dollars and eighteen
cents.
Mayor Suarez: All right. We have a motion on it.
Commissioner Plummer: All right. But you're going to pay for the policemen
and all of the other incurred costs.
269 October 8, 1992
x
Ms. Naron: If we have the funding for that] then yes, we will.
Commissioner Plummer: No, no. It's not a matter. The policemen are going to
want to be paid.
Mayor Suarez: No, what she's saying is if not, they're not going to do it.
Yes, obviously, you have to pay for that.
Ms. Naron: Obviously, I'm...
Mayor Suarez: You can't waive those fees. Those are like out of pocket for
us. All right.
Ms. Naron: I understand that.
Commissioner Plummer: If you make all other arrangements we then waive the
fees on the street closure fees. I will go along with that, yes.
Mayor Suarez: Thank you for the motion. Do we have a second?
Commissioner Plummer: Did I make the motion?
Mayor Suarez: Commissioner Dawkins seconded.
Commissioner Dawkins: Yes.
Mayor Suarez: You can't tell he seconded, but believe me he did. Call the
roll. Quick.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-662
A MOTION GRANTING REQUEST RECEIVED FROM THE COCONUT
GROVE CHAMBER OF COMMERCE FOR CLOSURE OF DESIGNATED
STREETS, WAIVER OF PERTINENT STREET CLOSURE FEES FOR
AN AMOUNT OF $1,116, AND WAIVER OF THE COCONUT GROVE
SPECIAL EVENTS DISTRICT PRESENT REQUIREMENTS CONTAINED
IN CONTROLLING ORDINANCE NO. 10764 (B-1) AND (B-2)
NAMELY, LIMIT TO THE NUMBER OF EVENTS PER MONTH AND
ESTABLISHED DEADLINE FOR SUBMITTAL OF APPLICATIONS TO
THE DEPARTMENT OF COMMUNITY DEVELOPMENT, IN CONNECTION
WITH A SAFE STREETS HALLOWEEN TRICK OR TREAT FOR KIDS
ON SATURDAY, OCTOBER 31, 1992.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
270
October 8, 1992
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None,
ABSENT: Vice Mayor Miriam Alonso
Commissioner Dawkins: Mr. Mayor, I did not hear the Police Department say
that they were against the sale of liquor because of gangs. I think what I
heard them say was that they were against the sale of alcoholic beverages
because the youngsters who were there, we could not determine their age to
determine that they were of the age required to buy alcohol or not. I think
that's what I heard from the Police Department.
Mayor Suarez: All right.
Mr. Odio: Yes.
Commissioner Dawkins: OK. Thank you.
Ms. Naron: Thank you.
Mr. Frank Castaneda: Commissioners, if you approve the street closure you
also have to waive the Coconut Grove Special Events District Requirements.
Mayor Suarez: Oh, they want that too? Like Goombay.
Mr. Castaneda: No, as to... There's a prohibition against having more than
one street closure per month and this would go beyond that.
Mayor Suarez: OK. That was built into the motion, yes.
Mr. Castaneda: B-1 and B-5.
Mayor Suarez: Understood? He's the chairman of the Festival Committee. He
understands that we're...
Commissioner Plummer: No, I'm not.
271 October 8, 1992
r
p t
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69. GRANT REQUEST 6Y SHORECREST HOMEOWNERS ASSOCIIATION FOR
PATROL DONATION
O VEHICLE.
CITY VEHICLE TO REPLACE A SHORECREST NEIGHBORHOOD
rr—rrrr—rrrrrrr—rrrr—rr—rrrrrrrrrrrrrrr---------------- rr--r—r----- --rrrr
Mayor Suarez: item 44. Shorecrest Homeowners.
Commissioner Plummer: What does the Manager recommend?
Mr. Odio: I will agree to that when we have one available.
Commissioner Plummer: OK. I move the Manager's recommendation.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-663
A MOTION GRANTING REQUEST RECEIVED FROM SHORECREST
HOMEOWNERS ASSOCIATION FOR DONATION OF A CITY VEHICLE,
WHEN ONE IS AVAILABLE, TO REPLACE ONE SHORECREST
NEIGHBORHOOD CRIME PATROL CAR, WITH THE PROVISION THAT
SAID ASSOCIATION FULLY INDEMNIFIES THE CITY IN
CONNECTION WITH ANY LIABILITY RELATED THERETO.
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.
Mayor Xavier L. Suarez
A
NOES: None.
ABSENT: Vice Mayor Miriam Alonso
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Fully that you all understand that your total cost,
— your total liability, everything is on your shoulders.
Mr. Odio: Right.
Commissioner Plummer: We'll give you the vehicle.
Mr. Odio: You get the vehicle.
272 October 8, 1992
Unidentified Speaker: 'Thank you very much.
Commissioner Plummer: OK. I vote yes.
NOTE FOR THE RECORD: At this point, agenda item 45 was
wi raven.
70. GRANT REQUEST BY REPRESENTATIVES OF THE INSTITUTE FOR INNOVATIVE
INTERVENTIONS, INC., TO USE CITY'S HOME FUNDS TO PURCHASE PROPERTY IN
BLACK GROVE IN CONNECTION WITH A PROPOSED HOUSING COMPLEX FOR SINGLE
MOTHERS WITH SMALL CHILDREN (THE OASIS PROJECT).
Mayor Suarez: Item 45. Are they here? Item...
Commissioner Dawkins: HRS (Human Rehabilitation Services)?
Mr. Cesar Odio (City Manager): I don't see them here.
Mayor Suarez: Item 46. Institute for Innovative Interventions. What do you
need from us today Dr. Dunn?
Dr. Marvin Dunn: Mr. Mayor, members of the Commission...
Mayor Suarez: How's your home, first of all?
Dr. Dunn: We have our street cleaned. We appreciate that very much and...
Mayor Suarez: You sustained...
Dr. Dunn: ...the salt water is out of the house.
Mayor Suarez: You sustained a lot of damage though, right?
Dr. Dunn: Yes, we did. But a great many people sustained more damage than we
did. I appreciate your asking. By the suggestion of the staff, I am here
today to ask the Commission to consider the request from the Institute of
Innovative Interventions for home funds to establish a living compound for
single mothers and their children within the City of Miami. We will be
submitting a grant by November 2nd to that effect, but we're here today to ask
the Commission to at least approve the concept for the Oasis Project and to
give us guidance in terms of where we might go next. I might add that two
weeks ago the Metro Commission funded the staffing of this project for
$85,000. We expect to...
Mayor Suarez: That gives you life for about how long as far as staffing?
273 October 8, 1992
Dr. Dunn: that's a one year grant. But we expect that the Commission would
be amenable to renewing that so we have taken care of the staffing aspect for
the moment. But we...
Mayor Suarez: The home funds have to pretty much be used for bricks and
mortar. Is that correct? I mean, they have to be used for actual capital
construction I think.
Dr. Dunn: That's correct. We're now talking about acquisition of the
property and the construction.
Mayor Suarez: You are talking about acquisition?
Dr. Dunn: Yes, we are.
Mayor Suarez: Jeff, how much... Or, Mr. Manager, what are we recommending
here?
Mr. Odio: I... just were talking that this is a great project. We need to
work with him and try to make it happen. You have the applications?
Dr. Dunn: Yes, we do.
Mr. Odio: You need to fill them out and work with him and then...
Mayor Suarez: What kind of funds should we earmark, I think, as part of the
motion in principle to support this?
Mr. Jeff Hepburn: I think the first phase of his project, he's talking about
acquisition of a site.
Mayor Suarez: Right.
Dr. Dunn: Correct.
Mr. Hepburn: At this point we don't know exactly the site specific and how
much it's going to cost.
Mayor Suarez: Well, I know he's talked to a few potential sellers and I know
that the amounts are pretty much arranged that you could... I don't know that
you want to say publicly because you...
Mr. Odio: You're still talking...
Dr. Dunn: That's correct. I think it would be ill-advised to do that.
Mayor Suarez: OK. So a motion in principle then...
Mr. Odio: Yes.
Mayor Suarez: And you both have an idea...
Mr. Hepburn: We'll work with him.
i
274 October 8, 1992
Mayor Suarez: ...of the kinds of monies we're talking about. You're going to
try to hold some of those funds available. Don't...
Mr. Hepburn: That's correct.
Mayor Suarez: All right. I'll entertain a motion in support of. So moved.
I'll second. Call the roll.
Commissioner Dawkins: What is the motion?
Mayor Suarez: To approve in principle the project and have the administration
work with him and try to acquire the site. We'll have to approve the...
Commissioner Dawkins: I'll second.
Mayor Suarez: Very good. Why don't you list Commissioner Dawkins as second
and then that way I can call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-664
A MOTION GRANTING FUNDING REQUEST BY REPRESENTATIVE OF
THE INSTITUTE FOR INNOVATIVE INTERVENTIONS, INC., IN
CONNECTION WITH PROPOSED PURCHASE OF PROPERTY IN THE
BLACK GROVE FOR THE "OASIS PROJECT" - A PROPOSED
HOUSING COMPLEX FOR SINGLE MOTHERS WITH SMALL
CHILDREN.
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.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Miriam Alonso
Mayor Suarez: Item 47. Our Daily Bread.
Commissioner Plummer: Nobody here? Next item.
Mayor Suarez: Item 48. Why is Dr. McCabe leaving now?
Dr. McCabe: I'm not leaving.
Mayor Suarez: Oh. Item 48.
Commissioner Dawkins: They got everybody for Camillus House.
275 October 8, 1992
„y 4
Mayor Suarez: Anyone here on Item 48?
Commissioner Plummer: Obviously not.
------------------ !,---------------- -..-_--------------------------------- _---
71. GRANT REQUEST BY REPRESENTATIVES OF OPERATION SAVING EYES FOR CLOSURE OF
DESIGNATED STREETS CONCERNING ITS SPECIAL MARATHON RACE "SAVE EYE 192”.
----------- -------------------------------------------------------------------
Mayor Suarez: All right. Item 49. Operation Saving Eyes.
Commissioner Plummer: Here we go.
Mr. Cesar Odio (City Manager): We recommend that...
Commissioner Plummer: This is strictly for the closure of the street?
Mr. Odio: We recommend the street closure. That's it.
Mayor Suarez: OK.
Commissioner Plummer: Move what is recommended by the Manager.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. No out of pockets. No services. You've got to do
those yourself. Call the roll.
Mr. Camille Merilus: Mr. Mayor?
Mayor Suarez: Wait, wait. Get that part done.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-665
A RESOLUTION AMENDING RESOLUTION NO. 92-296, ADOPTED
MAY 14, 1992, WHCIH APPROVED THE PARTIAL USE OF
CERTAIN STREETS AND THOROUGHFARES DURING THE
"OPERATION SAVE EYES HEALTH WALK", THEREBY CHANGING
APPROVAL FOR SAID DATE AND TIME FROM JULY 25, 1992,
BETWEEN THE HOURS OF 4:00 P.M. AND 8:00 P.M. TO
OCTOBER 24, 1992, BETWEEN THE HOURS OF 5:00 P.M. AND
9:00 P.M.
(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:
276 October 8, 1992
xe.
AYESz Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Miriam Alonso
Mayor Suarez: Now...
Mr. Merilus: Yes.
Mayor Suarez: You're going to try to ask us for support financially. We
don't have any but...
Mr. Merilus: Mr. Mayor, we are doing a good job and I have to say it because
it's true.
Commissioner Plummer: You're doing a fantastic job.
Mr. Merilus: Yes. But every time we come to ask for a dime we cannot get it
from the City.
Commissioner Plummer: Can't give you something we don't have.
Mayor Suarez: Every time we ask for the voters for more taxes, we don't get
it so we're kind of in the same bind here.
Mr. Merilus: No. Mr. Mayor, I would invite all of you Saturday night to come
to my place at 7:00 p.m., every Saturday night, and you'll see what we are
doing.
Mayor Suarez: All right.
Mr. Merilus: Because we have a community where people do not speak English,
and they cannot find jobs, so these people got a lot of problems because of
that. And this afternoon I was talking to Mr. Kearson, who is in charge of
the Job Program.
Mayor Suarez: Ivey Kearson.
Mr. Merilus: Mr. Kearson...
Mayor Suarez: Ivey Kearson, right.
Mr. Merilus: Yes. That's him. And he would like...
Mayor Suarez: We call him Poison Ivey but..
Mr. Merilus: So, Mr. Mayor... So, there are problems that we are trying to
hit now that we need a little bit of money for that. If you could, I would
invite all of you Saturday night to come to my place and you're going to see
277 October 8, 1992
7
!k
an instructor from National Training coming to my place to try to teach people
how to drive trucks... tractor -trailers. That is the kind of a program that
we are trying to initiate within our community to drive people to do other
things so they can find jobs out there. So, every Saturday night we have that
type of program taking place and we're trying to initiate some English
programs so that these people, who have been in this country for 10, 12 years,
who cannot speak English so they could find certain jobs. So, they could be
able to find these types of jobs.
Mayor Suarez: And you do that with the same corporation? The same group?
Operation of Saving Eyes?
Mr. Meriius: I have created a job search program. The job search program.
And in the aftermath of the Hurricane Andrew we have already provided more
than 300 jobs to people. And there is a girl who is doing that for us. I
spoke to Commissioner Dawkins about that on Monday but this girl is doing that
free of charge and I would very much like her to find something so they could
be... she could be encouraged to continue this good job. So, please give us
a little bit of something so that we can continue. Every Saturday we've got
good things going on in our place. So, I would very much like you to give us
something so that we could continue this type of work, please.
Mayor Suarez: We're going to get you together with representatives from a
very powerful corporation called Dacoma that are here. See Mr. Franklin over
there with the beard? Maybe they can help you. The City doesn't have any
money to... We have enough money to maintain the tax rate at 9.49 et cetera
mills and that's more than a lot of people can pay. So... OK?
Commissioner Plummer: All right. Mr. Mayor, on item...
Mayor Suarez: But we otherwise are with you and support your event and are
making the streets available to you which a lot of cities in the country would
not do. Yes, Commissioner.
72. (Continued Discussion) GRANT REQUEST BY REPRESENTATIVES OF CARIBBEAN
AMERICAN CARNIVAL FOR WAIVER OF CERTAIN DESIGNATED FEES, SURCHARGE AND
POSTING OF PERFORMANCE BOND CONCERNING EIGHTH ANNUAL CARIBBEAN AMERICAN
CARNIVAL (See label 33).
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, Item 50?
Mayor Suarez: Item 50.
Commissioner Plummer: Are the parties here?
Ms. Matty Hirai (City Clerk): We need to call the roll on this, Mr. Mayor.
Mr. Cesar Odio (City Manager): Well, we need to have the money today.
Commissioner Plummer: Are the...
278 October 8, 1992
_9
Mayor Suarez: I thought we did.
Commissioner Plummer: Are Item 50 here?
Mayor Suarez: We did. Yeah, we did.
Mr. Odio: On the...
Mayor Suarez:
Weidid.
to ddid
tcall
the roll on the streets.
did that be
t.
Commissioner Plummer: Is this... Aren't you Item 50?
Mayor Suarez: Mr. Leois?
Commissioner Plummer: Have they paid their fee?
Yeah. I know we
Mr. Selman Leois: Yes, we nave.
Commissioner Plummer: Have they paid all the back money?
Mr. Selman Leois: Yes, we have.
Mr. Odio: They paid the back money but they were due today, to bring in their
fees today.
Mr. Leois: We've paid all the fees as of today except...
Mr. Odio: No. The new ones you have not.
Mayor Suarez: Oh, we've got to check.
Mr. Leois: Yes. We've paid all the new fees as well.
Mr. Odio: He's saying no.
Unidentified Speaker: I just checked and we don't have any check for Parks as
of right now.
Mr. Leois: I gave it to. I paid a cashier's check to Parks Department this
morning. I paid...
Unidentified Speaker: I just spoke right now...
Commissioner Plummer: Do you have a copy of the cashier's check, sir?
Mr. Leois: I can get it to you. I can... I just called my office...
Commissioner Plummer: OK.
Mr. Leois: ...to have it faxed. It was picked up from my office, as a matter
of fact.
279 October 8, 1992
s srt
5� r f{ � +F
a
Commissioner Plummer: Well, excuse me.
it's not there - no tickie, no laundry.
Mr. Leois: We gave it to Pauline.
It's either there or it's not and if
Unidentified Speaker: I just talked to her right now.
Mr. Odio., We just talked to her, so...
Unidentified Speaker: You gave us one check... paid the balance.
Commissioner Plummer: Mr. Manager, what's the problem?
Mr. Leois: Right.
Commissioner Plummer: If the checks are in...
Mayor Suarez: I mean, we're not going to have a big argument as to a factual
issue of whether a check was delivered or not.
Commissioner Plummer: ...prior before midnight, he has complied.
Mayor Suarez: Please, Mr. Manager. Get us out of this bind. And what else
is pending, other than the check, assuming it's there?
Commissioner Plummer: OK. Now, my problem, Mr. Mayor, I think we all need to
remember the day of the NINOS.
Unidentified Speaker: We got one check from That's it.
Commissioner Plummer: The day of the NINOS where this City wound up paying
out...
Mr. Leois: Right. So, five thousand plus...
Unidentified Speaker: ...still owes...
'<<!
Commissioner Plummer: ...over $10,000 for interruption of one festival
over
the other. Now, I asked earlier in the day,
when there was...
the
Administration and the City Attorney, to come up
with a number which
they
would either have to put into a cash bond or a
performance bond.
Fifty
thousand dollars is what they are asking, what
they've established.
The
performance bond, that they must be... what they
say they have agreed
to do
and that is to vacate prior to 12:00.
Mr. Leois: That is correct.
Commissioner Plummer: And predicated on their doing that there will be no
?i problem with a performance bond or a cash bond, but other than that I don't
want this City to be back into a scenario we were before... same problem that
we had to pay out $10,000 and we weren't at fault.
Mr. Leois: OK. Commissioner, can I speak?
280 October 8, 1992
Commissioner Plummer: Sure.
Mr. Leois: I came here today. Everything has been paid as far as we know.
Commissioner Plummer: Right.
Mayor Suarez: All right. Let's assume that. Go ahead.
Mr. Leois: OK. I came here today and the last meeting you said to me the
non -request... It was on the document but we forgot to discuss it at the
meeting, which 1s the rental fee waiver, which is what we get... receive
every year. And you said to me, come back to the next meeting and have it
amended. This is the only reason I'm here today.
Commissioner Plummer: No, sir.
Mr. Leois: What?
Commissioner Plummer: Not according to resolution 92-503.
Mr. Leois: I understand what I just saw.
Mr. Odio: Look, we can accept the fee waiver. It's $500. That's no problem.
But 1f you insist, do we need to have the performance bond?
Mr. Leois: OK. Can I respond to the performance bond? Now, we have met...
We have made readjustments necessary, Commissioner, to ensure that this parade
is past Bayside, 5th Street, by 12:00 noon. In the past, the only arrangement
we've had, where we were required to pass 5th Street was at the Port of Miami,
and we've done so without a problem as written by the port. So, last year,
the problem that occurred, we never had an arrangement in place to move past
Bayside by a particular time or to have the streets opened. So, obviously
there was a problem which we have addressed this year. The parade is supposed
to start at the Dupont Plaza. What we've done is, we've started... We're
starting the parade at Bayfront Park so that the parade is staggered. Because
of the hurricane we have less participants in the bands and the trucks, this
year, in the parade. Because we want to continue the parade on Biscayne
Boulevard.
Commissioner Plummer: No problem, sir.
Mr. Leois: And we want to insure... We have... This is the first major
event in Miami, post Andrew.
Commissioner Plummer: There's no problem, sir.
Mr. Leois: OK. What we're asking is that we sign a hold harmless for us with
the City of Miami. I would like for us to have the performance bond. I
remember when we met, I said...
Mayor Suarez: OK. Let me clarify something once again. I know the Manager
and the City Attorney can attest to this. A hold harmless is only as good as
the credit of the person who signs it. We don't want hold harmlesses, we want
performance bonds.
281 October 8, 1992
Commissioner Plummer: We want guarantees.
Mr. Leois: OK.
Commissioner Plummer: And if there's no problem and you...
Mr. Leois: Mr. Mayor, 1f you recall...
Mayor Suarez: A hold harmless from Ross Perot wouldn't be worth a heck of a
lot either.
Mr. Leois: OK. If you recall, at the last meeting I said...
Mayor Suarez: And he's very liquid.
Commissioner Plummer: A hold harmless from Ross Perot? I'll take all day
long.
Mayor Suarez: Well, actually... Yeah. Maybe.
Commissioner Plummer: I don't think that your elephant or your jackass are
worth $5,000,0009000.
Mr. Leois: Mr...
Mayor Suarez: All right.
Mr. Leois: As a matter... ...with that we've also...
Mayor Suarez: Other than Ross Perot, a hold harmless is not worth a lot. All
right.
Mr. Leois: We've also met with Bayfront Park, where there were serious
concerns. I mean... I'm sorry. Bayside Marketplace.
Mayor Suarez: Right. I remember that.
Mr. Leois: And we have the president of the Bayfront Bayside Merchants
present to attest to Bayfront, Bayside...
Mayor Suarez: Who is that? Who is that?
Mr. Leois: Carole...
Mayor Suarez: Good old Carole Ann Taylor, back in her old stomping grounds.
All right.
Mr. Leois: And Bayfront, if I'm correct, is satisfied with the arrangements
,. that we made. In terms, we've kept the streets open so that we could move
this parade...
Mayor Suarez: That was a big deal the last time around. I remember that.
282 October 8, 1992
t'!'�E
Commissioner Plummer: ...and 1st Street South, the Dupont Plaza... I
couldn't get out last year.
Mr. Odio: Yeah...
Mayor Suarez: So, why is that lawyer over here now getting ready to argue
against you?
Commissioner Plummer: Well, hey. Look, if the man does what he says he's
going to do, there's no problem.
Mr. Leois: Exactly.
Commissioner Plummer: There will be absolutely no problem.
cash back, or he'll get his bond, at
Mr. Leois: We don't have a bond. We don't have that...
Commissioner Plummer: So, that's all there is to it.
Mr. Leois: OK. Commissioner, can I...
He'll get his
Commissioner Plummer: We need some kind... Look, there is a thing in a court
of law, and I'm not a lawyer. You have to go in with clean hands. OK? Now,
you came in here owing us money from last year. You came in here, not
complying with what you agreed to last year, clearing the streets by noon.
Mr. Leois: That was not part of the...
Commissioner Plummer: Starting by...
Mr. Leois: We had no arrangements last year.
Commissioner Plummer: Sir, whether it was you - it was your group.
Mr. Leois: But there was no arrangement to clear the streets last year by
noon.
Commissioner Plummer: Sir, you were supposed to start by a certain time and
you were what? Two hours late?
Mr. Leois: An hour late.
Commissioner Plummer: OK. Now, I'm saying to you that if you're going to
live up to your word, there's no problem. There's no problem.
Mr. Leois: OK. Commissioner, can I address that?
Commissioner Plummer: Sure.
Mr. Leois: All I'm simply saying is that to put a performance bond, which we
were informed yesterday, of $50,000...
Commissioner Plummer: No, sir, I was informed today.
283 October 8, 1992
Mr. Leois: I said we...
Commissioner Plummer: Oh, I'm sorry. I didn't know that.
Mr. Leois: I was just informed yesterday. We don't have that kind of money
to put up a performance bond of $50,000. I mean, you know, we have made all
the necessary arrangements to make sure that this event moves past the
required street by 12:00 noon. I mean, we've made all the necessary
adjustments. We've...
Commissioner Plummer: Yeah, but you see if you don't and this man...
Mr. Leois: The police has the authority to dismantle the parade if it does
not.
Commissioner Plummer: And if you don't...
Mr. Leois: That's in the agreement.
Commissioner Plummer: If you don't and this man loses revenue, he's going to
come after us like...
Mayor Suarez: Oh, no he's not.
Commissioner Plummer: What do you mean "no, he's not"?
Mayor Suarez: No he's not. He'd come after us but he's not getting to get
anything from us. That's his risk.
Commissioner Plummer: Sir...
Mayor Suarez: He's going to try, but he's not going to get anything from us.
But I know what you're worrying about and...
Commissioner Plummer: You've got a short memory.
Mayor Suarez: ...you've made all the necessary safeguards, hopefully, to make
sure that you're out of their by 12:00. Right?
Mr. Leois: The police has... Also, the police has doubled on the streets
from what we had last year. We've doubled our security on the streets to
assure. We made the necessary arrangements in the movement of the parade to
assure that this does not occur.
Mayor Suarez: OK.
Mr. Leois: Commissioner, I give you my word that we will move the parade past
Bayfront Park, Bayside... past 5th Street by 12:00 noon. And we're talking
about two blocks to move a...
Commissioner Plummer: Sir, there's only one way I can concur with you. If
you start your parade from the north and come south to Bicentennial, then
there's no problem that you would have with blocking this group.
284 October 8, 1992
Mr. Leois: OK.
Commissioner Plummer: If you're going to start from the south and go north,
which you're wanting to do, then I say to you, sir, the only thing I know that
can enforce it, is dollars or a bond.
Mr. Leois: OK.
Commissioner Plummer: Now, you want to go without the dollars or the bond and
come from the north to the south to the Bicentennial? I have no problem with
that, sir. There's no way that you can jeopardize this man's event.
Mr. Leois: OK. I'm saying... You know... -
Mr. Odio: Columbus is disembarking that today.
Mr. Leois: OK.
Commissioner Plummer: No. Columbus 1s disembarking Sunday.
Mr. Leois: You know... Or anything that's... Commissioner, let me ask...
Mayor Suarez: Folks, folks. Wait, wait. Selman.
Mr. Leois: Let me just say...
Mayor Suarez: Selman, wait a minute.
Commissioner Plummer: What?
Mayor Suarez: We have discussed this item to death in prior Commission
meetings.
Vice Mayor Alonso: Um-hmm.
Mayor Suarez: Now, most of us have made up our minds whether we're willing to
try this or not. In fact, I could have sworn that we voted on it already.
Commissioner Plummer: We did.
Mayor Suarez: So, assuming your fees are all paid, I have no problem with my
vote. Now, if Mr. Vazquez wants to be heard on it. I have a feeling he's
going to repeat...
Mr. Odio: Wait...
Mayor Suarez: ...some of the same things he said before. We'll hear that.
Mr. E1oy Vazquez: No, no.
Mayor Suarez: And then we vote.
Mr. Odio: Mr. Mayor, let me...
285
October 8, 1992
Mr. Vazquez: If I might say something...
Mayor Suarez: Wait.
Mr. Odio: Excuse me. We are still...
Mr. Vazquez: OK.
Mayor Suarez: In which case we have even more interest, 1f he's got new
arguments. Yes?
Mr. Odio: As of right now, we checked with the office, he still owes us
$5,240.
Mayor Suarez: All right. Precondition of anything is that that has to be
paid. Commissioner Plummer already said that very clearly.
Commissioner Plummer: Mr. Manager, the checks that he owe are either in by
midnight or it's off.
Mayor Suarez: Right. It's as simple as that.
Mr. Leois: Yes.
Commissioner Plummer: Now, if they're in, they're in. If they're not, then
he has no event.
Mayor Suarez: All right. Very good. Now...
Commissioner Plummer: It's just that simple.
Mayor Suarez: Mr. Vazquez.
Mr. Vazquez: Yeah. Well I'm here just to be assured that resolution was
approved the other day that it's going to be implemented. So simple. Now, I
did my own investigation and I met about three days ago with Assistant Chief
Ray Martinez, with Officer Aguirre, Officer Nyron, and I talked to some other
people. And one of the problems is that Mr. Leois is saying one thing here
i and he is saying something different in some other places. He's saying that
he is planning to start the parade about 10:00 a.m. The resolution says that
by 9:00 a.m. he has to start because there's no way according... and probably
j Assistant Chief Martinez can say, you know, that this is impossible... that
i in one hour and two hours he's going to be able to cross by 12:00 noon.
Mr. Leois: OK.
i
286 October 8, 1992
Mr. Vazquez: So, we were... And this is something that I would like to
remind you. In order -to avoid this situation we signed an agreement with the
City of Miami three years ago because, as you know, this is the 500
anniversary of the discovery of America and I'm not going to be able to wait
another 500 years to do this event. We were organizing this event for ten
years. We were able to bring sponsors for close to $300,000 because this is a
very special year. So, we went to the City of Miami, we came here, we asked
for the assurance that we were not going to have any problems. If you see the
transcript of the minutes of the meeting that you had on the 21st of October
of 1991, the Mayor and the Commissioners, they were saying all the time that
they did not understand why they have the event of el NINO and another event
at the same time. And Mr. De Yurre even expressed that even with the permits
he was unable to cross the street that day. I've got here the transcript.
And Mrs. Alonso was saying exactly the same thing that they don't understand
how they can give two permits for two events, one interfering with the other.
However, because we did not want it to, you know, interfere with this event,
we came to an agreement the other day. Where he was going to have his parade.
He was going to end the parade by 12:00 noon and as far as we were able to
take all our vendors and all our performers to have a way to go through
Biscayne... through, you know, Bayfront Park, we were not objecting to having
two events. That was so simple like that. Now, he's asking here for fee
waivers, a beer and wine permit. So, he's saying completely...
Mr. Leois: I'm not asking for a beer and wine permit.
Mr. Vazquez: something completely different to... I have the letter that
you sent to the Commission right now.
Mr. Leois: A second letter was sent showing only requesting fee waivers.
I've said that to...
Mayor Suarez: Yeah. And whatever your requesting the Administration, I'm
sure, is aware of it. So...
Mr. Leois: OK.
Mr. Vazquez: So, in...
Mayor Suarez: If he's not requesting beer and wine permits then...
Mr. Leois: No.
Mayor Suarez: ...don't put that in the record because it's just going to
muddle up things. All right.
Mr. Vazquez: So, in essence what happened is that... It's not only that we
have, you know, all these sponsors here. It's that we are going to be unable
to bring any sponsors next year because we are going to lose...
Mayor Suarez: All right. Do you want absolute total assurances that by 12:00
o'clock they'll be finished and gone, and you can get on with your festival
and...
Mr. Vazquez: OK. And I ask...
287 October 8, 1992
Mayor Suarez: What can you do?
Mr. Vazquez: I asked Assistant Chief Ray Martinez and he told me, "I cannot
give you any assurance. I'm not going to shoot these people if by 12:00 noon
they are not going to be out of there."
Mayor Suarez: Right. We can't give you any assurances that there won't be a
hurricane either, but we certainly hope there won't be a hurricane.
Mr. Vazquez: No.
Mayor Suarez: I mean, what can you do?
Mr. Vazquez: But this is something that you can...
Mr. Leois: Mr. Mayor?
Mayor Suarez: Wait, wait. All right. Anything further from anybody? We've
got to make a policy decision. There's risks involved here.
Mr. Vazquez: I would like to hear, you know, Assistant Chief Ray Martinez to
say...
Mayor Suarez: Oh, so now you're the chairman of the Commission meeting too.
Mr. Vazquez: No. It's because it's affecting me.
Mayor Suarez: All right. Thank you for your statements. Anything further?
Commissioners, any questions?
Commissioner Plummer: Mr. Mayor, as I understand, we're passing 92-503 with
the insertion of a $50,000 performance bond.
Mayor Suarez: I guess he's saying if you do that, he won't be able to have
his festival. This is the Caribbean...
Mr. Leois: That's...
Commissioner Plummer: Well, no. I gave him an alternative, Mr. Mayor, of
having his festival...
Mr. Leois: It is... Mr...
Commissioner Plummer: ...the parade coming from the north down and then there
would be no chance of any interference.
Mr. Odio: When you put the... There was another solution...
Commissioner Plummer: OK. Let's hear it.
Mr. Odio: ...that he could...
Commissioner Dawkins: Let me get... Wait a minute. Hold it.
288 October 8, 1992
9
i
Mayor Suarez: Commissioner Dawkins?
Commissioner Dawkins: Hold it. Every year the Jamaican and West Indian
people attempt to have a festival of celebration. Every year. Every year we
wait until the appointed time to decide to sit down and tell them the do's and
the don't's. And it's not that we did it one time. We do it every year.
Somewhere along the lines, somebody gets paid to tell these people right after
the last affair or event, these are the things that you must do in order for
us to allow you to have your event. Each year I go through this. Now, if
somebody over there in the Administration, by chance... this event is started
north, which we will get a vote we need, and proceeds... I mean, started
south, and proceeds north. Where would the staging area be for the beginning
of it to start?
Major Martinez: Major Martinez with the Police Department. I think we worked
out a solution where if he lined his band members up on the west side of the
Boulevard from 1st Street... North 1st Street north, proceeded to turn
around, going northbound on to the east side of the Boulevard, and proceeded
north on the east side of the Boulevard.
Commissioner Dawkins: The staging...
Major Martinez: That would leave access for the Dupont Plaza and the
Intercontinental and the Bayfront Park to go out on Flagler Street.
Commissioner Plummer: No, that... Excuse me.
Commissioner Dawkins: So, the staging area is...
Commissioner Plummer: That...
Commissioner Dawkins: ...the parking lots in front of the Dupont Plaza. Is
that what we're saying?
Major Martinez: No.
Mr. Vazquez: No.
Commissioner Plummer: No.
Commissioner Dawkins: Now, well tell me what you are... Tell me what you are
saying.
Commissioner Plummer: That won't work. Let me tell you why.
Commissioner Dawkins: No. And it won't work on the streets either, J.L.
Commissioner Plummer: No. Let me tell you why that won't work.
Commissioner Dawkins: You can't block the streets either.
Commissioner Plummer: It's because of the fact, the main concern, it still
would block the entrance to Bayside.
289 October 8, 1992
4W
Mr. Leois: But, you see... The streets are remaining open to Bayside.
That's part of what we've been meeting with Bayside...
Commissioner Dawkins: Listen. Hey! Would you all... Would you guys let me
go through this up here?
Commissioner Plummer: On the east side of the Boulevard it will.
Commissioner Dawkins: OK? Go ahead, sir.
Major Martinez: If we line up the band members...
Commissioner Dawkins: Um-hmm.
Major Martinez: ...for staging on the west side of the Boulevard we can leave
the cross streets open. Once the parade starts, and that band crosses, then
the next band moves up to that cross street. It doesn't block the actual
street.
Commissioner Dawkins: Um-hmm.
Major Martinez: It's not a perfect solution but it leaves access to this
park.
Commissioner Dawkins: All right. OK.
Major Martinez: It leaves to the Intercontinental.
Commissioner Dawkins: And that... And now, as requested by Commissioner
Plummer, the parade now moves north. OK?
Commissioner Plummer: On the east side.
Major Martinez: On the east side. Correct.
Commissioner Dawkins: I don't care...
Vice Mayor Alonso: Yes. No.
Commissioner Dawkins: Regardless, it's going north.
Commissioner Plummer: Yeah.
Commissioner Dawkins: It's...
Major Martinez: It basically turns around on North 1st Street. It goes from
the west side of the Boulevard around to the east side and goes north.
Commissioner Dawkins: But it clears whatever we are talking about needs to be
cleared by noon, if we go the way you just said.
Major Martinez: If he starts on time.
290 October 8, 1992
al
commissioner Piummers if they start on time.
Commissioner Dawkins! Beg your pardon?
Commissioner Plummer: If they start on time.
Major Martinez: If he starts on time.
Lt. Joseph Longueira: Not it starts at 9:00.
Commissioner Dawkins: Sir, this gets us through the intersection that needs
to be cleared. Is that right, sir?
Major Martinez: Yes.
Commissioner Dawkins: OK. Now, what time, sir, do you say the parade must
start at in order to clear the intersection by?
Major Martinez: The parade should start at 9:00 a.m. sharp.
Commissioner Dawkins: It must start at 9:00 a.m. in order to clear the
intersection that we need cleared.
Major Martinez: Correct.
Commissioner Dawkins: All right.
Commissioner Plumper: And, let me... May I ask?
Commissioner Dawkins: Yes, J.L.
Commissioner Plummer: What time shall the parade be finished to have the
street cleared by noon?
Commissioner Dawkins: No. Well, wait a minute. No, no. We just said that
if we start at 9:00, we clear it.
Commissioner Plummer: OK. But I'm saying be cleared. What time would you
say the parade must... You're not going to have the parade exit at noon and
then the streets immediately be open. That's not going to happen.
Major Martinez: No.
Commissioner Plummer: That's wishing.
Major Martinez: The last band...
Commissioner Dawkins: Unit. Last unit.
Commissioner Plummer: Segment.
Major Martinez: The last unit of the parade, of the festival, will be north
of Sth Street by noon.
291 October 8, 1992
t �
Commissioner Dawkins: By noon. OK? All right. Now...
Mayor Suarez:
Do you have the faculty... This will make it even easier. Do
you have the
ability, if they're not through by noon, to divert them in a
whole different
direction so they won't interfere with his... _
Commissioner
Dawkins: No. Then we just cut it off.
Mayor Suarez:
That's what T mean.
Commissioner
Plummer: You're kidding yourself.
Mayor Suarez:
No? —
Major Martinez:
No.
Commissioner
Dawkins: OK.
Mayor Suarez:
You can't do that?
Major Martinez:
No.
Commissioner
Plummer: Let me ask...
Mayor Suarez:
All right. Mr. Selman, the risk is greater. Mr. Leois.
Commissioner
Dawkins: All right. Wait a minute, now. Wait a minute. Mr.
Selman Leois,
how many units are we going to have in the parade?
Mr. Leois: Ten.
Commissioner
Dawkins: Ten units.
Commissioner
Plummer: This should be an hour.
Commissioner
Dawkins: All right. No more than ten.
Mr. Leois: Ten.
Commissioner
Dawkins: Ten.
Mr. Leois:
That's what we have registered now because some of the units
dropped out.
Ten.
Commissioner
Dawkins: All right. And...
Mr. Vazquez:
But how many... No. Wait a minute.
Commissioner
Plummer: Do you envision that being more than an hour?
Mr. Vazquez:
They have a unit and in the back of the unit they have about
four or five
hundred people dancing.
Mr. Leois: No, no.
292 October 8, 1992
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W1
Commissioner
Dawkins: is your name Mr. Leois?
Are you Mr. Selman
Leois.
Mr. Vazquez: I'm Mr. Eloy. Mr. E1oy.
Commissioner Dawkins: All right then.
answer what I asked Mr. Leois.
Mr. Leois: Commissioner, the...
If you are Mr. Selman Leois then
Commissioner Dawkins: If you're not... Wait. Go ahead, Mr. Leois.
Mr. Leois: Commissioner, there's a truck with music on the truck. There are
people in costumes on the street. The largest band that we have in the
street, this year, is 200 people. The other bands are under 100 people. So,
you have like 50 and 60 people in a band.
Commissioner Dawkins: When... When is the affair Mr. Leois?
Mr. Leois: It is this Sunday.
Commissioner Dawkins: Is there anyway, between now and Sunday, that you can
have a dress rehearsal to assure that the time given you is enough time to get
the people through the intersection? If not, double up the bands or do
whatever you have to do to be sure we get through.
Mr. Leois: I have given my word here. We have made...
Commissioner Dawkins: No, no. I don't need you word. I need for you to tell
me how we can do... You see, your word is fine.
Mr. Leois: Commissioner...
Commissioner Dawkins: If you don't do it then you say, "Heyl I gave you my
word. I tried."
Mr. Leois: Commissioner, it is to do a dress rehearsal with the bands,
physically with the trucks, is not possible. What we have done though is we
have taken the band leaders, the people responsible for the truck...
Commissioner Dawkins: OK. All right. Let me say this. Mr. Mayor, I go
through this each year. Mr. Selman Leois?
Mr. Leois: Yes, sir.
Commissioner Dawkins: This is my last year supporting you with this event.
If you have not worked out all of the particulars by July... have your money
in place and everything.
Mayor Suarez: You've got to cross all the is and dot all the is way in
advance. We can't go through this suffering every year.
Commissioner Dawkins: I'm not going to have you... You see, because we are
being unfair to the people out there who have made uniforms, who have looked
293 October 8, 1992
it 1
^ S
f'orwa d to thi s afi}ei r who are ready to do this and have a good tune Ail
I I , W
because you, in poor planning, have not come up with... And every year you do
this.
Mr. Leois: OK.
Mayor Suarez: All right.
Commissioner Dawkins: OK. All right.
Commissioner Plummer: Is this...
Mayor Suarez: That's a caveat, believe me. It doesn't...
Commissioner Plummer: Mr. Leois, is this a nonprofit event?
Mayor Suarez: Commissioner Plummer.
Mr. Leois: Yes, it is.
Commissioner Plummer: And is it by a State of Florida corporation?
Mr. Leois: Yes, sir.
Commissioner Plummer: And 1t is a nonprofit...
Mr. Leois: Organization.
Commissioner Plummer: OK. And so there has not been any profits made
whatsoever.
Mr. Leois: Absolutely not. As a matter of fact, we spend a lot of our own
money in this festival.
Commissioner Dawkins: That's why he can't pay his bills. If he was making
profit he wouldn't owe us $5,000.
Mayor Suarez: One thing we all agree on is that he's not making too much
money on it.
Commissioner Plummer: Not necessarily.
Commissioner Dawkins: OK. Can we hear final from this gentleman? And then
we vote.
Mayor Suarez: All right, Mr. Vazquez.
Commissioner Dawkins: And then we vote. Final from him.
Mr. Vazquez: Mr. Dawkins, with all due respect, you can say... You are very
interested and very protective of the parade.
Commissioner Dawkins: Beg your pardon?
294 October 8, 1992
1 4C
Mr. Vazquez: You are very protective of the parade but you're not concerned
at all that we were doing this event for 20 years and we were not interfering
with that event.
Commissioner Plummer: No. The sponsorship fee does not include in kind.
Mr. Vazquez: They were having their event. At Bicentennial we were helping
these people all the time.
Commissioner Plummer: There is a specified...
Mr. Vazquez: We were working together. Now, they for the first time last
year, they wanted to do the parade in front of our event.
Commissioner Plummer: Why couldn't you use the terminology on the annual...
biannual payment? Bring it back. Let me look at that.
Mr. Vazquez: And now, you are very concerned about their parade, but you're
not concerned about an event that was going on for 20 years. Now, the other
thing is that the Police Department is telling you that they cannot do it. I
tell you they cannot do it. He's saying to everybody that he's going to start
the parade at 10:00 p.m. or 10 a.m. You do whatever you want to do.
Commissioner Dawkins: OK. Now, wait. Now, before you go. Hold it. Hold
itl Now, don't you... Don't be that disrespectful. I listened to you. OK?
Mr. Vazquez: Yes, sir.
Commissioner Dawkins: For 20 years you've been having what you want.
Mr. Vazquez: No. I signed an agreement with the City three years ago, to be
sure.
Commissioner Dawkins: All right? Now, for 20 years... For 20 years, we have
worked collectively together.
Mr. Vazquez: Yes, sir.
Commissioner Dawkins: Now, we have a problem. OK?
Mr. Vazquez: It's not because of us.
Commissioner Dawkins: We have a problem. Well, I have a problem. I don't
care who it's because of. All right? You have an event that you love and
want to do. He has an event that he loves and wants to do. Now, I agree with
you. That next year there must be some changes and something must be done.
But we... I wouldn't ask you to take another date at this late date.
Mr. Vazquez: That's fine.
Commissioner Dawkins: And I'm not going to ask him to take a later date.
Now, if you feel that that's being overprotective, then that's your
prerogative. And under the U.S. Constitution, that's your right.
295 October 8, 1992
Mr. Vazquez:
Exactly, sir. But what I'm saying...
Commissioner Plummer: Lt. Longueira.
Mr. Vazquez:
What I'm saying is that I signed an agreement three
years ago
with the City
of Miami for the use of the Bayfront
Park, in order
to avoid
this situation. And it's signed by the City Manager.
Is it true or
not, sir?
That we signed
an agreement. It's here. It's signed.
Mayor Suarez:
We will abide by all of the terms of our
agreement.
Mr. Vazquez:
To be avoid... To be sure of that.
Mayor Suarez:
But we don't if it's going to pass yet.
All right.
Mr. Vazquez:
OK.
Mayor Suarez: Commissioner?
Commissioner Plummer: Mr. Longueira? Tell me how you're going to enforce no
alcoholic beverages are to be dispersed and/or sold on the streets during the
parade.
Lt. Longueira: We'll make arrests, sir.
Commissioner Plummer: OK. I think you better say that up front. OK?
Lt. Longueira: We are going to make arrests. They do not have a liquor
permit for the disbursement or sale of liquor. We will make arrests.
Commissioner Plummer: All right, sir. You know, I don't want to come back
here later that there was an episode, a very distasteful scenario downtown.
k
` Mr. Leois? Please, sir, don't let it happen.
Commissioner Dawkins: J.L., you also would need to just tell them that this
{ again, Mr. Leois, is one of the negatives that would be against the event when
you appear next year for a permit. That we said no alcoholic beverages and
you had them. We said start on time and you didn't start. And I would hope
that we'd have a different date that we don't conflict with the other event.
Thank you.
+' Lt. Longueira: Sir, just... Just so you understand the
y parade route.
Flagler Street South...
Commissioner Dawkins: I...
Lt. Longueira: ...is open so that he can tell his people the best way to get
in is through Flagler Street, Chopin Plaza, Dupont Plaza Way. All of that
'i area will be open. It will not be affected by the parade.
�f Commissioner Plummer: Will they be able to get to the entrance to Bayside?
Lt. Longueira: If they go from the south, they can go up that sidewalk to the
entrance of Bayside.
296 October 8, 1992
Commissioner Plummer: No, no. With a car?
Lt. Longuelra: With a car to the entrance of Bayside? We w111 break the
parades to allow traffic through.
Commissioner Plummer: OK.
Mayor Suarez: All right.
Commissioner Plummer: That's up until noon.
Lt. Longueira: Up until noon and they're supposed to be done by noon on a ten
unit parade. Now, understand he said because of the hurricane he's got a
reduced number of units. Next year we're going to have to reassess it based
on the number of units he has got.
Commissioner Dawkins: We'll get another date so that we will not... We will
not conflict. That's what... Joe, we'll have to two dates for the events and
not one date for the two events.
Commissioner Plummer: Plus, you have a lot more, like Commissioner Dawkins
said, that it has to be completed prior to July the 15th. There will be none
of this last minute...
Mayor Suarez: All right.
Commissioner Dawkins: I so move.
Mayor Suarez: You move it without the bond, I take it.
Commissioner Dawkins: Yes.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Commissioner Dawkins: He doesn't have $50,000.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-666
A RESOLUTION AMENDING RESOLUTION NO. 92-503, ADOPTED
'j JULY 16, 1992, RELATED TO THE CARIBBEAN AMERICAN
CARNIVAL 1992 PARADE, THEREBY CHANGING THE ROUTE OF
SAID PARADE AND PROVIDING FOR THE WAIVER OF ALL
WAIVABLE CITY FEES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
297 October 8, 1992
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote!
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Reluctantly, I'm going to vote yes.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Yes, Major Martinez and Mr. Manager. In interest of further
assurance that the commitments will be lived up to, since we can't do it by
some kind of financial guarantee, will you see that we have - and Chief Gibbs,
who I see back there hiding in civilian clothes - see to it that we have a
little extra manpower out there, on that particular day at that particular
time, so we can avoid any clashes? These are two festivals that for every
reason in the world we want to have take place in harmony and a further
example that our City can...
Commissioner Dawkins: And, please...
Mayor Suarez: ...assimilate all of these cultures and events. Yes?
Commissioner Dawkins: Please have signs and people directing them to the
opening so they can get here without a hassle.
Mayor Suarez: All right.
Commissioner Dawkins: OK? Thank you.
Mayor Suarez: All right. Very good.
298 October 8, 1992
W iYl.ii7►.'.Y'i �d..i1..YYi.o.o..at.Y.I.Iiit ii iNiY iW i.rtl.Y.L iIY.... i. y..�.�i r.Yr iti -r ir+rrrraw.W ai r+Yr ati c. (i.:r iriniwrr+r w+r i�lY fb:li if: ii Yi it �irl�lar '`ar.YL
73. DIRECT CITY ATTORNEY, CITY MANAGER AND DESIGNATED STAFF TO WORK OUT A
FORMULA FOR OUTDOOR CAFE LICENSE FEES BASED ON A PERCENTAGE OF GROSS
REVENUES.
----------------.------------------------------------------------------ --- --
Mayor Suarez: Item... What are we on?
Commissioner Plummer: Fifty-one.
Vice Mayor Alonso: Fifty-one.
Mayor Suarez: Fifty-one.
Mayor Suarez: E1 Pub. Is this a controversial matter?
Commissioner Plummer: Well, it's going to require a change in the ordinance.
Mayor Suarez: He hopes not. Right?
Vice Mayor Alonso: He hopes not.
Commissioner Plummer: My understanding in my discussion with this gentleman
is that... And I fully understand what he says. ...that on Calle Ocho the
sidewalk cafe doesn't bring in anywhere near the revenue that is brought in at
a sidewalk cafe in Coconut Grove. And I can see the unfairness of the
scenario. One of the things that he proffered that I feel that has merit, and
the change of the ordinance would be predicated on a percentage of the gross
that is brought on. Where his gross would be considerably smaller, he would
pay a smaller fee, still having to keep up the same insurance,
indemnification, and all that. But in the Coconut Grove area, their
percentage would be greater and they would have to pay something similar to
what they're paying now. If, in fact, as I am told by the City Attorney, that
it would require, regardless of what ,we do, a change of ordinance, I would
move at this time that this...
Mayor Suarez: Prepare the ordinance accordingly?
Commissioner Plummer: ...that the City Attorney go and prepare an ordinance
as... in conjunction with the Manager, as close as he can to some scenario
tied to a formula of gross rather than square footage, which I feel would be a
lot fairer to everybody concerned than the present which only addresses...
Mayor Suarez: Always with a threshold, a minimum.
Commissioner Plummer: Excuse me?
Mayor Suarez: There's always a minimum included in your formula.
Commissioner Plummer: Sir, you know me. I always want a minimum annual
guarantee.
299 October 8, 1992
Mayor suareZ: I thought you would.
Mr. Cesar Odio (City Manager): Do you want to waive the fees while we're
doing that or...
Mr. James Kay: Yeah. You want to place these on hold in an interim... or
what?
Mr. Odio: And when they say waivers... Are the fees on hold white we're -
doing this?
Commissioner Plummer: Well, why don't... Hold them in trust.
Mr. Kay: OK.
Commissioner Plummer: To be applied towards future fees.
Mr. Kay: OK.
Mayor Suarez: What? He meant do you want to just have a whole new ordinance
or do you want to hold this particular ordinance in abeyance for a year, in
enforcement.
Commissioner Plummer: No. While we're...
Mayor Suarez: He didn't mean that you're going to collect the money and hold
it trust.
Mr. Odio: That's not what I was saying.
Mayor Suarez: You were saying that?
Mr. Odio: No, no. I was saying to put... to waive the fees until we change
the ordinance.
Mayor Suarez: You are worse than he is.
Vice Mayor Alonso: Waive the fees.
Mayor Suarez: I thought he was a money-grubbing...
Commissioner Plummer: Well, excuse me. If you waive the fees, in all
fairness, for him...
Mr. Odio: No.
Commissioner Plummer: How do you not waive the fees for the people in the
Grove? I mean, you have to be fair. What I said to...
Mayor Suarez: Presumably, we have tons of competition in the Grove, tons of
people who are able to pay in the Grove...
Commissioner Plummer: Mr. Mayor, all I'm saying is...
300 October 8, 1992
t � t
Mayor Suarez: ...and we don't have tons of competition and tons of people who
are able to pay right over there, In fact, I think we have one.
Commissioner Plummer: ...let him,.. Mr. Mayor? Let him pay into the City 1n
a trust fund. That that monies, once the new formula is established, would be
used to pay for those fees once it's established.
Mr. Odio: Well, he's telling me that we cannot waive them anyway.
Commissioner Plummer: Oh. I'm sorry.
Mr. Joel Maxwell: No. You can't. If he's... If it's an existing sidewalk
cafe...
Mayor Suarez: I thought he was talking about a whole new ordinance.
Mr. Maxwell: ...you'd have to amend the ordinance to waive his fees. The way
the ordinance is presently drafted, the waiver provision applies only to new
sidewalk cafes.
Commissioner Plummer: Well, he has definitely got one.
Mr. Odio: TU ENTIENDES FLORENTINO?
! Commissioner Plummer: So, I move, Mr. Mayor, that the City Attorney...
Mayor Suarez: That we prepare the ordinance.
Commissioner Plummer: ...and the City Manager and staff sit down and work out
some kind of a formula, I think based on gross, which I think would be the
best thing.
Mayor Suarez: All right.
Commissioner Plummer: And I so move.
Mayor Suarez: So moved.
Vice Mayor Alonso: 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. 92-667
A MOTION DIRECTING THE CITY ATTORNEY AND CITY MANAGER
TO WORK OUT A FORMULA FOR CITY LICENSE FEES APPLICABLE
TO OUTDOOR CAFES, SAID FORMULA TO BE BASED ON A
PERCENTAGE OF THE GROSS REVENUES EARNED BY SAID CAFE.
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
301 October 8, 1992
AYES: Cotntnissioner Victor De Yurra
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
74. PERSONAL APPEARANCE BY ROBERT D. KLAUSNER, ESQ. IN CONNECTION WITH
ATTORNEY'S FEES RE STATE VS. OFFICER ROBERT SADLIER -- BRIEFLY DISCUSSED
AND WITHDRAWN AT REQUEST OF APPLICANT.
Mayor Suarez: Fifty-two. Is Mr. Klausner here on this item?
A. Quinn Jones III, Esq. (City Attorney): Mr. Mayor...
Mayor Suarez: Yes.
Mr. Jones: I had conversations with Mr. Klausner this evening and what we've
agreed to do, because the letter in your package basically refers to a
reimbursement of fees for this office's defense in the criminal action.
I Mr. Cesar Odio (City Manager): Attorney Klausner asked me to withdraw this
item.
■ Mr. Jones: Yeah.
Mayor Suarez: Item's withdrawn.
Mr. Jones: OK.
Mr. Odio: He asked me... I'm sorry. I was talking...
Mayor Suarez: No problems?
Mr. James Mann: No, sir.
Commissioner Plummer: Well, Mr. Mayor?
Mayor Suarez: Yes.
Commissioner Plummer: Let me ask this question.
Mayor Suarez: Yes, sir.
Commissioner Plummer: Would it help you, Mr. City Attorney, if we the
Commission establish a policy? And I'm sure that the legal privateers
302 October 8, 1992
1IX
�ni�'aci«iGt��iK?asst4kMXr�+a'f�A.r,•si4a*a�e=A��s+49i:�t �. R ���3� s,�
attorneys are not going to like it. That before they go to the outside to be
represented by private counsel that they have to get this City Commission's
approval if they anticipate or expect a waiver..6 or, excuse me, a
reimbursement of fees?
Mr. Jones: Certainly.
Commissioner Plummer: You know, the problem that it seems like is, that they
go to the City Attorney's Office and they don't like the City Attorney, for
whatever reason. So, they go to the outside and they get a private lawyer and
then they come back here and suddenly want us to reimburse them. Now, it
would seem like to me that this should be a scenario that says that hey, if
you're expecting me to pay, you'd better ask me first, not afterwards.
Mr. Jones: Well, Commissioner, what comes into play are basically two State
statutes. You have a general statutory provision that would indicate that
they would be entitled to reimbursement regardless of whether this Commission
or any other Commission of municipality approved of the fees. There's a
specific question which we... a specific statute, which we've gone back and
forth over the years, which basically says it's up to the municipality...
It's at the option of the municipality to decide whether it wants to pay these
particular bills. However, the FOP (Fraternal Order of Police) has taken the
position that there's a supreme court case interpreting one statute, the
general statute, that says that there's a common law... recognizes that
there's a common law duty on the part of the municipality to reimburse for
these particular fees. But to answer your question, certainly, you're not
prohibited from setting this policy, whatever else. The only thing I was
about to tell you is that I know that we've established some precedent for
doing it and I think the last time that you did approve a reimbursement you
did it with the proviso that they be reasonable and we sat down and we
negotiated those fees. This is what I was prepared to do with Mr. Klausner as
I was about to indicate this afternoon, because at this point and time I don't
know what kind of bill is being submitted or how... what has been submitted
in terms of expenses.
Commissioner Plummer: OK. All I'm trying to say, Mr. City Attorney, if you
feel that establishing some kind of policy so that the policemen or a City
employee who wants representation will know exactly where he stands, and if
you feel that that would be beneficial, then I think you ought to come back to
this Commission and tell us so.
Mr. Jones: Certainly.
Commissioner Plummer: That's all.
Mayor Suarez: All right. That's it?
Vice Mayor Alonso: That's it.
Mr. Mann: Mr. Mayor, my name is James Mann. I'm an employee representative
with the Fraternal Order of Police, of Miami Lodge 20. I'm here on behalf of
President Al Cotera who is out of town. Just for Commissioner Plummer's
Information, in this case Officer Sadlier did request legal assistance from
the City of Miami and he was turned down by the City. At that point...
303 October 8, 1992
I MR
That's my understanding. At that point he sought outside counsel. Also, I
sit as the chairman of our Legal Assistance Committee, and just so you're
aware, when an officer becomes involved in an incident, should he be facing
criminal charges, when he requests legal assistance, we are asking that
officer, before we expend any monies or he seeks outside counsel, we ask the
officer, or request of our officers, that they do contact the City Attorney's
office and at first make a request of the City Attorney for legal assistance
in a matter.
Commissioner Plummer: Just for the record, Mr. Mann...
Mr. Mann: Yes, sir.
Commissioner Plummer: My comments did not directly relate to this case which
had already been withdrawn.
Mr. Mann: Yes, sir.
Commissioner Plummer: But in the history that I have been around here, it
seems like every time an outside counsel is engaged, not for just a police...
Well, we had cases this morning in reference to a fire chief... two fire
chiefs. And we go on this scenario that says, well they went out and got
outside counsel. Well, who is going to determine what they're going to be
paid? How many hours there are? We've got in-house counsel. We've got what?
Twenty-one lawyers on staff? Twenty-three lawyers on staff? I just said that
if there was a policy of some sort, that we the Commission understood...
Mr. Mann: Yes, sir.
Commissioner Plummer: ...that you the employees understood, the City Attorney
understood, I thought we'd all be better off...
Mr. Mann: Yes, sir.
Commissioner Plummer: ...if there was some meeting of the minds and an
understanding.
Mr. Mann: Yes, sir. And I...
Commissioner Plummer: That was all I was trying to establish.
Mr. Mann: I just wanted to let the Commission know that the FOP is attempting
to work towards something like that, in its attempt to try and avert having to
come back in the future for costs and to try and keep costs reasonable,
realizing what economic times are.
Commissioner Plummer: Why don't you work with the City Attorney to try to
come up with some policy of understanding?
Mr. Mann: I'll... I'll request from President Cotera that I be allowed to
work with the...
Commissioner Plummer: I think he would be very well...
304 October 8, 1992
�u syNY
Mr. Mann: 6..City Attorney. I have no problems with that, trying to help the
City out.
Commissioner Plummer: Fine.
Mayor Suarez: All right. Thank you. Item 53. Cystic Fibrosis. Are they
here? Representatives... Association? Not on 53.
----------------------------------------------------------
NOTE FOR THE RECORD: At this point, agenda item 53 was
wi h rawn.
----------------------------------------------------------
75. DISCUSSION CONCERNING CAMILLUS HOUSE -- APPROVE MEMORANDUM OF
UNDERSTANDING SETTING FORTH PROPOSED DEAL WITH CAMILLUS HOUSE -- DIRECT
MANAGER TO NEGOTIATE TERMS OF AGREEMENT AND BRING BACK WITH
RECOMMENDATION FOR CITY COMMISSION CONSIDERATION AT NOVEMBER MEETING --
DIRECT MANAGER AND BROTHER HARRY TO PREPARE A TIMETABLE FOR COMPLETION
OF PROJECT.
------------------------------------------------------------------------------
Mayor Suarez: Item 54.
Commissioner Plummer: We waited them out.
Commissioner De Yurre: Mr. Mayor...
Mayor Suarez: Camillus House.
A. Quinn Jones III, Esq. (City Attorney): Mr...
Commissioner De Yurre: Mr. Mayor, if I may open...
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: Needless to be said, Camillus House has been...
Commissioner Plummer: I'll be right back. I think this going to be a long...
Commissioner De Yurre: Camillus House has been, pretty much, a thorn in the
side of this Commission, certainly, for a number of years, for one reason or
another. And sometimes maybe for the wrong reasons that we felt that way
about it. We are here today, in fact, as DDA (Downtown Development
Authority), bringing a request to this Commission to approve a memorandum of
intent to transfer and close down the operation which Camillus House has at
its present location; and transfer Camillus House to the old incinerator
property that we have on 12th Avenue and 19th Street. It should be noted at
the onset that the functions that we are used to knowing Camillus House by,
which is food lines and that type of operation, are not the types of functions
that will be taking place in the new facility. We're talking about a totally
different concept, a concept which is rehabilitative in nature as opposed to
305 October 8, 1992
5
i
r
what is there today, which is basically a prolongation of the status quo of
the people that visit Camillus House, One of the things that we certainly are
very sensitive about is - and we've always been quite attuned to this issue -
is the impact of such an operation to the neighborhood, the immediate
neighborhood where it's being proposed. We have found a location which is
compatible to the immediate area, particularly the V.A. (Veteran's
Administration) Hospital right next to the proposed site, to Jackson Memorial,
to the basic functions of health care in the Civic Center area. There exists
a buffer to the north and to the west of the residential areas, which are...
As you're well aware we've got all of the warehousing district to the
Immediate north of 20th Street, and we also have City property and other
governmental properties to the west of the proposed site. We have seen, and
we have to understand that there are two basic reasons for this proposed move.
One is to provide better service for the homeless, for those in need; to adapt
to the times of new and modern ideas and concepts to help these individuals.
And at the same time, alleviating the situation that exists at the present
location, wherein we have put in about $170,000,000 of investment over the
years, which is the Miami Arena area down to Bayside. At times we've had
different proposals. We've had situations wherein the latest was that for
approximately $2,000,000 we were going to buy the property known as Camillus
House and they would move to another site. The proposal that you have before
us... that we have before us today is one wherein it will not cost the City
one cent. As of today we have a $2,000,000 commitment coming from the federal
government as a grant to Camillus House for this project. Additionally, we
have identified $3,000,000 as a loan to be repaid by Camillus House from the
federal government. So a $5,000,000 project will not cost the City one red
cent. Our only commitment is to provide the location wherein this can be
built and operated from. One of the things, which again is very significant
in the arena area, is the unofficial, and I reiterate unofficial, red lining
of that area by HUD (Housing and Urban Development). HUD committed to help
and was involved in the Arena Towers and Bayview Towers. And because of the
situation that it has prolonged and perpetuated around the arena, they are not
in favor of getting involved in future projects, which are very needed as far
as residential areas are concerned, in the downtown core, in the immediate
arena area. We have a deal wherein the City of Miami would lease the land to
Camillus House; up to two acres of land for one dollar per year. We would be
granting Camillus House an option to purchase that land. This option would
run for a ten year period wherein Camillus House would be able to purchase
this property at the appraised value of this year, 1992. Certainly, some
zoning changes are going to be needed. And, certainty, they would expect this
Commission to be in favor, and go through the process of helping obtain
whatever zoning requirements needed to be met in order to construct this
facility. Upon the completion of creating this facility and a CO (Certificate
of Occupancy) being available so they could move in, the operation at the
present Camillus House would cease immediately. Camillus House would agree to
execute a covenant running with the land, or any other legal document needed,
prohibiting any future use of that present site for any social services. In
other words, whatever would happen on that property would be compatible with
the future development of that area. I believe that this is the best
opportunity that we've had, looking at it from all different angles. Again,
reiterating the important points: the impact to the neighborhood, the benefit
to the neighborhood, the availability of resources in the immediate area as
far as health care is concerned, the cleaning up of the arena area. And
again, understanding that we're talking about a different concept. What is
306 October 8, 1992
z
actually happening today at Camillus House would cease to exist. That
operation would not be transferred over. It would be a totally different
concept, which is certainly something which we can support, I feel. You Ire
going to hear now from both sides. But, certainly, there is great support
here from all facets of the community; not only from the business and economic
world, but also from the health care and social services that are in support
of this concept. And I ask you to please listen to this carefully. This is
our best chance of resolving this issue, so that everyone can be a winner.
Thank you.
Mayor Suarez: Mr. Jeff Bercow. Mr. Mariano Cruz, who I gather is opposed, is
giving me some sort of a request. Would someone from the staff ascertain what
It is, please?
Mr. Odio: Mariano...
Mayor Suarez: Yes, Mr. Bercow.
Mr. Jeffrey Bercow: Yes, Mr. Mayor, Commissioners, thank you very much. My
name is Jeffrey Bercow. I'm an attorney practicing law at 200 S. Biscayne
Boulevard. I'm here today on behalf of the Downtown Development Authority and
we are coordinating this effort in support of our chairman, Mr. Victor...
Commissioner Victor De Yurre, and this proposal. We have about a dozen
speakers lined up, representative of various constituent groups in the
downtown area. I'm going to call them and ask them to limit their comments in
support of this matter to one minute each or less. Our first speaker is Mr.
Tony Alonso from the Downtown Development Authority as well as from Park West.
Mr. Tony Alonso: Mr. Mayor, Vice Mayor, members of the Commission. Thank you
for the opportunity to be here. My name is Tony Alonso. I'm president of La
Epoca Department Store. I'm a member of the Downtown Development Authority,
The Downtown Miami Business Association, Park West Civic Association. I'm a
property owner and a merchant. In 1980, a redevelopment plan was prepared for
the Park West area. As part of this plan the purchase and relocation of
Camillus House was authorized as an integral part of the future redevelopment
efforts. In 1984, efforts were begun to purchase and relocate Camillus House
but ran into problems with site selection. Attempts to purchase Camillus
House property and relocate the facility were made in 185, 186, 188, 189, and
190. The last attempt failed in 1991 when the City voted against the site at
19th and Miami Avenue and rescinded the contract to purchase Camillus House.
The relocation of Camillus House was a promise made to the developers of Phase
I Projects, Arena Towers, Biscayne View Apartments, Poinciana Village, and it
is essential for their success. The residential projects in the area continue
to suffer because of the presence of Camillus House. These projects are not
fully leased as a result of the Hurricane Andrew and we need to make every
effort to make these temporary renters permanent downtown residents. The
relocation of Camillus House will send the message that the City of Miami is
100 percent committed to making the area the best downtown neighborhood to
live in. The site at N.W. 12th Avenue and 19th Street is a more appropriate
site for a social service facility than any of the other sites being
considered in the last eight years. Camillus House wants to relocate there.
The proposal being considered today has the backing of the majority of this
community. It is far from any residential area. Camillus House provides
essential, invaluable services to the homeless in the City of Miami. You
307 October 8, 1992
can't look at this as a straight business deal. The benefits to Park West,
Overtown and downtown are impossible to measure. There has never been a
better opportunity than to act now. It may be our last opportunity. The
purchase and relocation of Camillus House will be the best investment the City
could ever make in the future of downtown Miami and the City of Miami for that
matter. I urge you to vote in support of the relocation. Thank you.
Mr. Bercow: Our next speaker is Dr. McCabe from the Miami Dade Community
College.
Dr. Robert McCabe: Mr. Mayor, ladies and gentleman. Thank you for an
opportunity to appear. I have a strange situation in that both locations are
approximately the same distance from one of my campuses.
Mayor Suarez: I... Be reminded that we need to get an address from everyone
who speaks, please.
Dr. McCabe: Pardon me. My name is...
Mayor Suarez: Well, we've not been really strict on always saying it has be
where you live but it's kind of what we'd really like to know but... Doctor?
Dr. McCabe: My name is Robert McCabe. I live at 1601 S. Miami Avenue, in
Miami. And again as I said, I'm president of the Miami Dade Community College
district and I have a campus essentially equidistant from each of the sites in
question. I think the reasons to support the move are two. One, that it is a
superior concept that Camillus House has developed, in terms of the type of
service that they would offer. And secondly, very importantly, rather than
being a part of a business district it is in fact internal to a government
district. It is internal to a government district, surrounded on all sides by
it and, therefore, isolated from residential areas. And I'm quite sure it
would be a superior location and I am here to urge you to vote in favor of the
move. Thank you.
Mayor Suarez: Thank you, Doctor.
Mr. Bercow: Mr. Douglas Harris from the Governor's Task Force for the
Homeless.
Mr. Douglas Harris: Mr. Chairman, I'm Doug Harris. I live at 580 Sable Palm
Road in the City of Miami. I'm employed in the City of Miami as well. I am
Chairman of the existing projects task force of the Governor's Commission on
the Homeless. Speaking as chairman of the committee, we salute both the
leadership of the City of Miami and Camillus House for their cooperative
efforts that are currently under way. The move of Camillus House from its
present location to the new location at N.W. 12th Avenue is a win -win
situation. It will allow the continued transformation and redevelopment of
the Downtown Business District and also offer... further assist Camillus
House in offering its services to the less fortunate in Miami. We encourage
the Miami City Commission to support and facilitate the relocation of Camillus
House and expedite the process by entering into immediate negotiations with
the leadership of Camillus House. Thank you.
Mr. Bercow: Mr. Justo Mayo from the Park West Civic Association.
308 October 8, 1992
Commissioner Plummer: I don't know that this is necessary.
Ms. Anne Sterling: I thought you might want to see that. I don't know if
it's necessary either. You don't really...
Mayor Suarez: There was correspondence, by the way, I received from the Task
Force that I think you had... the gentleman who spoke before from the
Governor's Commission on the Homeless... and I presume that you're formally
telling us of that support by that Task Force too. I think it was a
collective support, not just your individual support. And to the extent
that's the case we ought to retrieve that letter - I think it was received in
the last couple of days - and make it part of the record, the official letter
from the Task Force supporting this relocation.
Mr. Harris: Excuse me. You are correct, Mr. Mayor. I do represent the
unanimous consent of the Task Force and will give that letter to the people
over here.
Mayor Suarez: All right.
Mr. Harris: Thank you.
Mayor Suarez: Go ahead, sir. I'm sorry I interrupted you.
Mr. Justo Mayo: My name is Justo Mayo and I live at 27 N.E. 9th Street. I've
been living there for 20 years. I'm also an electrical contractor and I've
worked in the downtown for the last 20 years. I have raised a beautiful
family at the present location, which is about a block away from Camillus
House, and we have learned to live with Camillus House for many, many years.
As a matter of fact, I think they were very inspirational to my children of
wanting to continue higher education and seeing the problems that they have.
I've also lived next to the Overtown and we lived very happily together with
them. However, the Camillus House has grown to a number of homeless which is
totally out of hand, the amount of homeless that we have. And the present
location is not capable of handling it. We urge you all to support the new
location and approve. Camillus House has done a great job and the homeless do
need your help.
Mayor Suarez: Very good.
Mr. Mayo: Thank you.
Mayor Suarez: All right, sir. We accept the expert testimony of the dad that
the family is beautiful. You know, that's anticipated. Yes?
Mr. Bercow: Ms. Ann Marie Adker, Overtown Advisory Board.
Ms. Ann Marie Adker: I wish that the Commissioners, and you included, Mayor,
would support the relocation of the Camillus House. I think the location now
is ideal, along with the programs that Brother Paul and Brother Harry
implement there. I am hoping that you all support it. Thank you.
309 October 8, 1992
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Mayor Suarez: You know; I can understand your involvement and interest but
what are these northeast folks doing here? How did you enlist them?
Ms. Adker: They're all my friends.
Mayor Suarez: There we go.
Ms. Adker: OK?
Mr. Bercow: I...
Mayor Suarez: It's getting to the point that Dr. Lutton is here on every item
that we handle of any kind, relating to any neighborhood. Those students are
not being attended to. All right. Anything further?
Mr. Bercow: I inadvertently skipped Mr. Sal Behar from the Downtown Miami
Business Association.
Mayor Suarez: All right.
Mr. Sal Behar: Mr. Mayor, Honorable Commissioners, I'm here on behalf of the
Downtown Miami Business Association, to urge you to vote to pass this
resolution that will give downtown a new uplift, a face lift, and give us new
blood with tourism that is the lifeline of downtown and is the front yard of
the City of Miami. If it makes us look good downtown, where we can increase
revenue and pay more taxes, and help your budget be more successful. We urge
you at this time to pass this resolution so Miami has a better uplift to the
world. And at the same time, I'd like to introduce my cohort from Bayside
Business Association, Carole Ann Taylor, representing other members of the
downtown business community to let you know... with a petition signed by all
the merchants downtown and Bayside, how much we support and urge you to do
this now. Thank you.
Mayor Suarez: Very good. The sign off sheets, Carole Ann, that I gather
you're going to refer to, are introduced into the record. There's only one
copy Madam City Clerk, so...
Ms. Carole Ann Taylor: My name is Carole Ann Taylor. I'm the owner of...
Mayor Suarez: And we certainly have seen enough of you today too. All right.
Ms. Taylor: I'm the owner of Bayside To Go and the President of the Bayside
Merchants Association. I'm here on behalf of the merchants to... As you can
see in the letter, that all of the merchants, 150 merchants, have signed the
petitions asking that in the interest of housing downtown... in the interest
of the fact that, other than South Beach, downtown Miami is the absolute hub
of international tourists throughout this world. And we are asking at this
time that you support Commissioner Be Yurre's request and all of the people
that are supporting the move of the Camillus House to the Civic Center. We
feel that it serves everyone's purposes. We believe that it will provide more
transitional housing for homeless people. We have - downtown in Bayside -
have worked very hard to try to assist in a tot of the homeless programs. We
support this and we ask that you support it. Thank you very much.
310 October 8, 1992
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Mayor Suarez: All right. 'thank you, ma'am.
Mr. Bercow: Mr. Prank Martel from Resolve.
Mr. Frank Martel: Thank you. Mayor, Commissioners, I am Frank Martel. My
principal business address has been at 19th Street and Miami Avenue for 30
years. As Chairperson for Resolve, which is your committee to help the
homeless on the street, I've been involved day by day in the problems of the
homeless. The homeless, just like you and I, if we slept out every night, our
health would be number one. By relocating Camillus House into the heart of
the health providers on 12th Avenue, you're going to be able to help the
people who need the help now. And I urge you to vote to locate Camillus
House, as soon as possible, at that address. Thank you.
Mr. Bercow: Ms. Lynn Lewis, on behalf of the Greater Miami Chamber of
Commerce's Housing Committee.
Ms. Lynn Lewis: I'm Lynn Lewis. My address is 3831 Battersea Road, City of
Miami. I'm here on behalf of the Greater Miami Chamber of Commerce's
Committee for Downtown Housing and also Marty Fine asked me to say good
evening to you. He's sorry he is not able to be here. His committee, the
Overtown Park West committee of the chamber, shares in urging you to consider
downtown. Downtown is the heart of the City of Miami, its commercial and
employment base. Our two committees try to keep people living and working in
downtown Miami. It's hard going. Commissioner De Yurre was a little too
polite when he described the attitude of the HUD office in Jacksonville, which
has chilled, if not frozen, insurance of financing for multifamily projects in
downtown Miami, if Camillus House is not relocated outside of the Southeast
Overtown Park West neighborhood. We urge your adoption of this memorandum of
intent. We are especially pleased to note that the Brothers of the Good
Shepherd have committed that their property would be developed consistently
with the Southeast Overtown Park West Redevelopment Plan, which we think is a
good plan. Thank you very much.
Mayor Suarez: Very good.
Mr. Bercow: Mr. Ted Weitzel, a developer in the Southeast Overtown Park West
area.
Mr. Ted Weitzel: Mr. Mayor, Commissioners, Ted Weitzel. I live at 269 N.W.
7th Street, Poinciana Village. As you know, I'm one of the developers in the
redevelopment area. Please pass it tonight. We need the help. I mean, you
spent big money on 9th Street and 7th Street and they look beautiful. But we
have homeless sleeping in them. Please, help us tonight. Thank you.
Mr. Bercow: Rafael Kapustin from Downtown Miami, Inc.
Mr. Rafael Kapustin: May I? Thank you. My name is Rafael Kapustin with
offices at 25 S.E. 2nd Avenue in downtown Miami. I'm here on behalf of... my
own behalf and that of Miami... Downtown Miami, Inc. The issue of the
homeless and Camillus House that the City of Miami Commission has had to
address continually for many years, has now taken a very interesting turn as a
result of Hurricane Andrew. Just days ago I stood right here in front of you,
and again on behalf of Downtown Miami, Inc., I praised the City Manager and
311 October 8, 1992
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all of you for having done a superb job safeguarding downtown during and after
Hurricane Andrew. Andrew gave us all an opportunity to excel ourselves and
you all showed adequate leadership in your actions. Today we in the City of
Miami have another opportunity to excel ourselves and show leadership, this
time on the issue of the homeless. Because of Andrew, the homeless problem
has now reached epidemic proportions and the need for permanent shelters to be
made available in a multitude of locations, in all cities, as well as a few
within the County, has become even a greater emergency. Today the City of
Miami can set the example and be the leader in establishing the first of such
permanent shelters on a sight that presently is owned by the City of Miami;
and where the public and the private sector are ready, willing and able to
work closely together to make it an immediate reality now. Today we urge you
to set such an example of leadership and responsibility again, but this time
to all other cities as well as to the County. You can do it by all five of
you unanimously voting yes for the relocation of Camillus House to a permanent
and adequate facility as set forth in the preliminary agreement now In front
of you. Thank you.
Mayor Suarez: Is that it?
Mr. Bercow: Gladys Margarita Diaz, a resident of Southeast Overtown Park
West.
Mayor Suarez: Are we getting like, close to...
Mr. Bercow: Yes, we are.
Mayor Suarez: ...the end of the list? It seems like...
Ms. Gladys Margarita Diaz: I'm almost the end. My name is Gladys Margarita
Diaz. I'm an architect. I live at 915 N.W. 1st Avenue. I work at 25 S.E.
2nd Avenue, so I live and I work in the downtown area. I'm a small business
owner and I'd like to recognize all my fellow residents from Overtown Park
West. Stand up and be counted, please. Everybody who's here. Basically we're
urban...
Mayor Suarez: And you're related to Myra Diaz?
Ms. Diaz: Hmm?
Mayor Suarez: You're related to Myra Diaz?
Ms. Diaz: I'm Myra Diaz' sister. She's the Executive Director of the
Downtown Miami Business Association and basically we would like to ask you,
the Commission, to please pass the movement of Camillus House. My neighbors
and I, we drive in and out of the building every day, and we have to deal with
all of the activity on the street. Thank you.
Mr. Bercow: Mr. Phillip Yaffa, on behalf of the Omni Venetia Committee of the
Greater Miami Chamber of Commerce.
Mr. Phillip Yaffa: Good evening, Mr. Mayor, Commissioners. My name is
Phillip Yaffa. I live in downtown Miami at 1717 N. Bayshore Drive. I'm here
as Chairman of the Omni Venetia Action Committee, New World Center Group,
312 October 8, 1992
Greater Miami Chamber of Commerce. And for all of the reasons so eloquently
put forth by the speakers prior to me, we urge you to support this resolution
and adopt this memorandum of intent tonight. Thank you.
Mr. Bercow: Ms. Sheila Anderson, on behalf of Park West.
Ms. Sheila Anderson: My name is Sheila Anderson. I have offices at 901 N.E.
2nd Avenue. There's another decision that you will make tonight that is an
investment in the future of this City. By making this decision you open up an
area that's ripe for development, and when development can occur there, that's
an increase in the tax base, that's an increase in jobs, that's an increase in
all kinds of businesses that will find an opportunity attractive to move into
the City. Access is good there. Visibility is good there. There are
catalysts near there and all we need now is to have you make this decision for
all of the other business decisions to follow. I urge your support.
Mr. Bercow: Mr. Mayor, Commissioners. I'm just going to wrap up. I
understand that there are a couple of dozen of our supporters outside who were
not able to get seats in the chambers. We're all here because we're deeply
concerned about, and committed to, the health and welfare and the future of
downtown Miami, which is, of course, Miami's central neighborhood. Mr. Mayor,
Commissioners, I really do have to congratulate you because you've brought
Miami's downtown neighborhood together tonight in a way that no one else has
been able to in the past. We've heard from representatives of DDA, DMBA,
Downtown Miami, Inc., Park West, Southeast Overtown, Overtown Advisory Board,
Resolve, Omni Venetia, Greater Miami Chamber of Commerce, The Governor's Task
Force for the Homeless. There have been Brickell Area Association
representatives here. None have spoke. Miami Dade Community College and the
Bayside Merchants Association. And, of course, you heard from many of your
supporters privately over the past couple of weeks. All of these voices are
united in the belief that the present location of Camillus House is a major
obstacle to the relocation and the... I'm sorry, the realization of the
Southeast Overtown Park West Redevelopment, which is the largest urban
redevelopment project of its kind in the United States. Promises have been
made to developers. Promises have been made to HUD and we all believe that
it's time that we... we as a City, stood by those promises. No one's
claiming that tonight's vote is going to solve the homeless problem. That
problem is a large, multifaceted problem. It needs to be approached on many
levels, with many small solutions. For example, the Governor's Task Force,
DDA's Downtown Assistance Program, and the relocation of Camillus House. Some
of you have complained in the past about the way the Camillus House operates.
This is your chance. This deal, that Commissioner De Yurre has worked on for
several months now, is your chance to extract written, enforceable commitments
from Camillus House. You've never had that before. We ask you to give
conceptual approval tonight to the arrangement that Commissioner De Yurre has
negotiated. Let the Manager's office hammer out the details. Let your City
attorneys document the deal, make it as tight as possible, and protect the
City. Bring it back, if necessary, to you for its ultimate agreement but
let's get this process started, and we ask you to vote yes on this proposal
tonight.
Commissioner De Yurre: OK. Jeff, I'd like to have Brother Paul speak so he
can explain what the functions are going to be of the new Camillus House as
compared to what is there presently at the present site.
313 October 8, 1992
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Mr. Bercow: Would it be appropriate at this time, Commissioner, to reserve
time for rebuttal?
Commissioner De Yurre: Well, I think that it's important so we understand and
let's get our... Let's put everything together here.
Brother Paul Johnson: My name is Brother Paul Johnson and I live at 820 N.W.
Miami Avenue in Arena Towers. I thank the Mayor and the City Commission for
the opportunity to talk to you and to answer any questions that you have.
It's good to be back in Miami and to help with this project, which I think
you're going to approve tonight. I think it's the right thing to do and I
think you'll have the courage to do it. The new Camillus House will be,
hopefully, located on 12th Avenue, near 20th Street, the site of the old
incinerator. I sent letters to all of you yesterday describing the activity
there, which would be a shelter for the homeless - a modern shelter, in
comparison to other shelters that are being built throughout the United
States, state of the arts, if you will, for 100 homeless people, probably men
and women. We haven't really decided that. With all the amenities of the TV
lounge, and clothing room, and offices, et cetera, to take care of them. We
would also have a kitchen and dining room or a cafeteria for the people. We
would have, probably, another building on the site which would be the
rehabilitation program, which would consist of 17 semiprivate rooms, offices,
libraries, snack room, recreation, TV, meeting rooms and offices. There would
be a health station included in the facility and administrative offices for
the Brothers of the Good Shepherd. This is an opportunity to do the project
of Camillus House correctly. We couldn't possibly raise the kind of money
that we need, and spend more money on zoning, et cetera, and also have enough
money to operate this facility. It's very important that we have the
cooperation and assistance of the City of Miami and it starts right here. It
starts with the Mayor and the City Commission. We are anxious. We're
excited. We need your help. The City, of course, has been involved in this
project under the bridge. You know it's a difficult one. You know it takes
time, money, a lot of effort, and a lot of dedication. We're willing to give
that to the City if we have the opportunity. We would like to stress the fact
that we are going to be rehabilitating people. We are going to be putting
people back into the community, people that have been traumatized even from
the recent hurricane will need our help. And you probably know that the
chronic homeless person begins with such incidents as Vietnam Wars and
hurricanes. That's where we get the chronic people in society today. If we
don't stop the flow... If we don't do something now, starting with Miami, and
hopefully branching out to other areas of South Florida, with single room
occupancy dwellings, I think we have lost a terrible... a beautiful
opportunity, and it would really be a shame for this community. Of course,
we're trying to make this feasible for the City. We're trying to save you
money. We're trying to cooperate with you and all we need is your help and
your assistance. Any questions that I can answer I'll be happy to do that.
Mayor Suarez: The people that you currently serve at Camillus House, once
they're fed... They were homeless before they were fed and they're homeless
after they're fed, obviously. And they go back out on the street, for the
most part. I think you have 50 beds, roughly, at the existing facility.
Brother Johnson: Seventy beds, yeah.
314 October 8, 1992
Brother Johnson: Yes.
Mayor Suarez: The people at this new facility would be no longer homeless the
moment that they are accepted in there, in many, many ways.
Brother Johnson: That's correct. It will also, Mayor, give us enough space
that these people will not be exposed to the general public, will not be
embarrassed by being poor and homeless and hungry. We'll have enough space
there where you will really not know what's going on in the facility. And
that's a requirement also.
Mayor Suarez: There's a sort of campus atmosphere to it, is the way it's been
described, I guess. Right?
Brother Johnson: The former facility was, but I'm not sure... Except that I
can assure you that we will do everything in our power to make the area nice,
if not nicer than anything there. It will not be, I can assure you, the
repeat of the present Camillus House.
Mayor Suarez: All right. Thank you, Brother. All right. The opponents, Ms.
Pat Keller.
Ms. Pat Keller: I'm Pat Keller, President of the Allapattah Community
Association. This organization is opposed to Camillus House in Allapattah. I
think we should be aware that we live in Allapattah. We are the bedroom of
the hospitals. We counted some of the institutions in our area and they are
legion, and I think there's something like five jails. There are correction
centers. There are halfway houses. There's an endless list of institutions
that were unwanted by other areas, in other sections of Miami, including a
forensic center, which is just a sort of nice way of saying an institute for
the most vicious criminally insane people that you would find anywhere in the
United States. But no other area would take them so Allapattah was mighty
handy to put it in there. The United States Government Law dictates when the
government abandons a piece of property, the first chance to use that piece of
property must go to the homeless. People chose to ignore that and the City
Commission even gave money to a community organization to fight this
particular law. Because the City Commission in all probability, most of you,
or some of you, live in Coconut Grove, and I'm sure you didn't want it in your
backyard. The reasoning is, if Coconut Grove, downtown and Park West feel
they don't want Camillus House then, what the heck? We'll throw it in
Allapattah - the oldest, the poorest and the saddest area of the City. The
City wants the area of Allapattah. They want the Camillus House to be located
there. The DDA wants it. The other various organizations - the Chamber of
Commerce, and all - all agree that they don't want it in there neighborhood.
But we'll just give it to Allapattah. But they don't live in Allapattah.
When the Grove location was brought up residents of the Grove were allowed to
give input in a democratic manner. But the City deals differently with
Allapattah. There was no meeting of the homeowners of Allapattah the way
there was with the Grove. Because we're not quite as good, or quite as nice
as the Grove area. The City Commission then proceeded with all deliberate
speed to do just as they damn well pleased. Especially with Allapattah. We
315 October 8, 1992
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are still reeling from the recent shocks that we've had. The hurricane, we've
all been through it. Sidewalks and streets and trash everywhere, hasn't been
picked up since the hurricane. We're reeling from the loss of our little park
that the City Commissioners gave away. We're reeling from the loss of our
friends and our neighbors who moved in disgust at the Miami City Commission,
and the City Hall, and the way it functions, and the way they're bent on
destroying our area. And now they're going to put in the final nail of our
coffin and they're going to put in Camillus House. The Ailapattah Community
Association is opposed to this and we don't appreciate all the reasons these
people have been given, and they're valid reasons, because they know they
can't get insurance, because they know they're being hurt by the conditions in
Camillus House. And this isn't to say that Camillus House isn't a valid
function but it should function in a different area, and perhaps it should be
put in your area, not mine. Thank you.
Mayor Suarez: Ms. Keller. Thank you. Please... Mariano...
Mr. Mariano Cruz: Mariano Cruz, I live at 1227 N.W. 26th Street, 33142,
Allapattah, in the City of Miami. I'll try to be calm tonight after seeing
all these things. I, first... One thing, as people here knew about this two
weeks ago, three weeks ago, four weeks ago. I was at the two budget hearings
and I mentioned the Camillus House issue and no one from the City's
Administration told me there would be a meeting October 8th about the Camillus
House issue. I knew because last week at work, Mr. Tanfani from the Miami
Herald called me and told me. He said, "Are you aware there will be a meeting
concerning Camillus House October the 8th?" I said, "No. I didn't know
anything." He said, "Yeah. It will go in front of the Commission October the
8th at 6:00 p.m." And that's funny because I was here and nobody mentioned
anything at all about any meeting concerning... Because everything has been
done behind closed doors, without any input from the neighborhood. And I
mentioned at the budget hearing... And I said it... that when the Miami
Coalition for the Homeless get the Naval Reserve Property, I read in the paper
of the Grove, that the people of the Grove, the neighbors, have been invited
to give input since they will be the first ones affected by the use of the
property... of the old Naval Reserve there. And I'm going... I'm talking
away extemporaneously here because I don't have the time, like hiring counsel
to prepare me. Today I got up at 4:30, started working at 5:30, and they
wanted me to work until 6:00. The only thing I left at 5:00 p.m. to be able
to make it here. I still have my socks from work - I mean, from delivering
the mail. I just changed to be here, which is hard. I mean, I don't know...
I don't have the organizer... You know, the little things... I am unable and
one thing I see here...
Mayor Suarez: You do pretty well, Mariano. You do pretty well.
Mr. Cruz: Oh, I do pretty well. I'm going to start quoting now off the top
of my head. I will quote the late Wayne Magnuson that he said... When they
asked him, "How come you don't make any speeches?" He said, "If you have the
votes, you don't have to make any speech." It looks like tonight I have to
make a speech. Right. Away... But, another one... Let go... This is...
Mayor Suarez: That was Warren Magnuson said that?
316 October 8, 1992
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Mr. Cruz: This is an issue of we being treated... We are this hot potato
issue of the Camillus House has been around I don't know how many years.
Being bounced from Overtown to the other place...
Mayor Suarez: We know that. We know that.
Mr. Cruz: ...Nineteenth Street. All over the place. And now, very
conveniently they find the old incinerator site. If I don't remember... I
mean, I've got a good memory. But years ago Commissioner De Yurre makes a
motion right here to use that site for an AIDS clinic and the motion died for
lack of a second. I remember that. Oh, yes. I remember the AIDS clinic for
the Latin thing. And then...
Mayor Suarez: All right. We're dealing... We're dealing with this, please.
Mr. Cruz: Right. Well, Mr. Plummer made a different motion and they got the
money for the rental... whatever they were looking. But I remember that.
And I'm going to say the Camillus House problem, how that started. I remember
Camillus House when I came here in 1962. 1 drove a taxi downtown at the
beginning when I came from the army in 1963, and I remember Camillus House
what it was. When the season came, all the snow birds were lining up there.
But remember, at the time, the developers too... the people that developed
the City, that developed the arena are responsible for that big problem of
lack of affordable housing for the people, because they did away with a lot of
rooming houses. Remember the fleabag hotels that were down there? Where the
people stayed... And Plummer knows, because he was there. I'm going to
mention Tropics Hotel, 716 N. Miami, right there by the door of the arena.
Right. Model Hotel, 904 N. Miami. Right? Shelner Hotel, for all around
there. Dipto Hotel, on all the other parts that were around there. No. The
J&J, the Smileys, all this... The Silver Dollar. Those were the places that
those people gravitated. Because I used to drive them around and they used to
go in those hotels. Even myself, once when I didn't have much money, I stayed
at the old Four Hotel, across from the old Post Office there. So, you know,
you just paid a few dollars a day to stay there. The only thing there was
nothing in the room. Right? CSAO, what brother mentioned, that's where SRO -
single room occupancy. But the developers of the Arena and the Park West
failed to get affordable housing for those people that they knew were going to
be displaced, and they knew they were going to stay downtown, because they
always stay downtown. You can take them any place. They will come back to
downtown. I... You put them there and you will see they will be taking
Metrorail back to downtown. To do... It's very... To me, it's very hard a
way to come here, when I write two letters to the editor of the Miami Herald,
mentioning that they don't mention anything. Today I called Jim Hampton. I
called David Lawrence. I called Sufi Chirino, the one that .
It's funny. You call yourself a free and impartial paper, and you don't
publish the letter that has a different opinion than your corporation, parent
company, Knight Ridder. Because Knight Ridder, through Alvah Chapman, and the
non -group... They went... You see, it's very hard for me to fight those
people but anyway I fight. Well, I mean... What can they do to me? Nothing.
They can't fire me. They can't fire mel That's it. Neither can you fire me.
Postal Worker? Veteran? As long as I don't steal, I keep my job.
Mayor Suarez: From time to time I have thought of calling the Postmaster
General to see...
317 October 8, 1992
Mr. Cruz: There's nothing he can do.
Mayor Suarez: But I...
Mr. Cruz: My... You know, mine is a bid contract position. There is nothing
they can do. He can't even tell me to go to another place. He can do nothing
to me. I stayed there.
Mayor Suarez: And I thought I had heard your entire life but...
Mr. Cruz: Well...
Mayor Suarez: ...today I...
Mr. Cruz: No, no. Oh, I've got other things. Remember.
Mayor Suarez: I'm filling in the blanks.
Mr. Cruz: You gave them half an hour and my people are there on list to talk
and they waive their time to me. They spoke for half an hour.
Mayor Suarez: OK. Good.
Mr. Cruz: Oh, yeah.
Mayor Suarez: I want to be sure of that now.
Mr. Cruz: Right.
Mayor Suarez: Because you're getting wound up here.
Mr. Cruz: They spoke for half an hour and I'm going to quote Mr. Suarez too.
I'm going to quote him because I have a good memory. I don't need papers to
remember. I just file it in their and then I call it back home. All right.
Remember when you took oath of office? I'm going to say it in Spanish, quoting
Jose Marti. "CON LOS POBRES DE LA TIERRA QUIERO YO MI SUERTE ECHAR, EL ARROYO
DE LA SIERRA...
Mayor Suarez: Please, please.
Mr. Cruz: ...ME COMPLACE MAS QUE EL MAR."
Mayor Suarez: Please.
Mr. Cruz: That means with the poor people of this earth I want to cast my
lot. The little river... The little brook in the hill pleases me more than
the sea.
Mayor Suarez: Well, I didn't do the second part. Just the first part.
Mr. Cruz: Yeah. OK. And you... And you ran on the platform mayor for the
neighborhoods.
318 October 8, 1992
Mayor Suarez: That's right.
Mr. Cruz: Not, mayor of downtown. They even started calling you the pothole
mayor, on account of that you were taking care of the neighborhood. Right?
Remember that?
Mayor Suarez: Yeah. I never could figure that out because we don't have any
potholes in Miami but...
Mr. Cruz: Well, you know... Remember, you... Because the people were
calling you and the potholes were being fixed. Right?
Mayor Suarez: Right.
Mr. Cruz: And remember, there are two people, or three people, that are not
sitting in that Commission today and they lost a lot of things because they
were the mayor of downtown only, or the mayor of South America or Central
America, whatever it is, and they forget their neighborhood.
Mayor Suarez: That's right.
Mr. Cruz: And remember, don't forget the neighborhood. If the only thing we
want, in a way, is parity, equal treatment under the law. According here,
everybody is equal under the law. Unless you have more money, you're more
equal. It looks like that. You know, it looks like that. Like I say, I
didn't have the time to prepare or hire guns, or the whole thing. But,
remember, that place... I got pictures here. Where are the pictures? Here.
I want you to see because if the way the City has been treating the homeless
problem in the Allapattah neighborhood will be the way it's going to treat...
Forget about it. We'd better pack up. I'll move to North Miami. I own
property in North Miami. I own property in Polk County. I'll move there.
Pretty...
Mayor Suarez: I knew you had some little extra property here and there.
Yeah.
Commissioner Dawkins: You've got property in Naples.
Mayor Suarez: Yeah, I knew.
Mr. Cruz: But I choose to live there...
Commissioner Dawkins: You've got property in Naples.
Mr. Cruz: ...because the only way you're going to solve a problem is by
remaining in the neighborhood. If you quit the problem remains and they don't
care about you and forget about 1t. No. Remember, here we've got pictures of
that. Beckham Hall, Better Way, and we have a Camillus House in Allapattah
already for many years.
Ms. Jackie Bell: Yes, we do.
Mr. Cruz: 2136 N.W. 8th Avenue. I know it's there.
319
October 8, 1992
r
Ms. Bell! Yes.
Mr. Cruz: I know, many people don't realize that. But I know it's there.
Unidentified Speaker: It's Allapattah.
Mr. Cruz: And then, you see...
Mayor Suarez: No, you need to take a microphone with you.
Commissioner Dawkins: Here's his mike.
Mr. Cruz: These other pictures are the way the market... The market... All
the garbage that's there, because the people... And I talked to people there
in the market and they told me, "No. We can't do anything." The homeless
come here, that they come... All these problems started when the Bobby Maduro
Stadium was used and when Beckham Hall was being used. They navigated around
there. They used... They go to the dumpsters, dump things, and then the
things remain there. And you can go there just now, 13th Avenue and 22 is
blocked by trash, and garbage, and , and what you call it, right on
the street there. Right there. Those are pictures. And your Solid Waste
Department is two blocks from there. Right there. You stand at the gate at
the Solid Waste and you see it right there. The Solid Waste's at 1290 20th
Street and this is on 13th and 22. Right there. You see it. You know. I
tell you it's... Yeah. No, it's very hard. And we have that... I am... I
know homeless. I remember two homeless that were at the market before. I
used to talk to them and give them things. And I remember the old homeless,
that was the oldest homeless 1n Allapattah, 10000 and 21 Street, by the
place, the one that was killed a few months ago. Somebody
dumped some fluid and set him on fire. Do you remember the old man that was
there at all times in a chair? That was a homeless and he was a veteran, and
he chose to live on the street. Like I knew many when I was driving taxis.
They were veterans from the second war and they chose to live on the street.
But I remember Camillus House when it was there. But do you know what was the
difference in Camillus House at that time? That all the people that were let
in were mostly white people. All veterans of the second war. White people,
that's what they were there. That's why the people are upset in downtown.
Because most of them are black people. That's what it is.
Unidentified Speaker: You're so wrong.
Mr. Cruz: That's the big thing. That's the big issue. No, because I
remember that and Camillus House has squatter's rights in downtown, because
they were there before the arena, before Park West, before anybody they were
there. And I remember that.
Mayor Suarez: You're...
Mr. Cruz: They remember. They were right there. Now, when they... And I
can go on and on, and remember , if we get technical. If we go
to the incinerator place, remember thatwhomever was from the incinerator was
dumped at 14th Avenue and 19th Street, by the Motts Nursery there?
Unidentified Speaker: There she is.
320 October 8, 1992
r
Ms. Bell: Yeah I'm going to give them back.
Unidentified Speaker: Yeah, OK.
Ms. Oell: He's my friend. The one who's speaking.
Unidentified Speaker: Yeah, that's my brother. He's my brother. You know
me? I'm his brother. I'm Mariano's brother.
Mr. Cruz: You cannot build there any more. On account of the EPA
(Environmental Protection Agency) regulations. It's got to be cleaned, super
foamed, and the whole thing.
Ms. Bell: OK. I'm Jackie Bell..
Unidentified Speaker: OK. How are you doing?
Ms. Bell: OK. All right. Tell him to let me speak next.
Unidentified Speaker: OK.
Mr. Cruz: So, you don't know what's under that incinerator there too.
Remember, there's a lot of stuff there. There's a lot of stuff there. I
know... Even one of your employees one day was cleaning there and he got hurt
with a device, with an explosive device. And, now talking about distance.
They were talking about distance. Half a mile... How do you call it? Middle
class working people. I consider myself middle class. My house, we made over
$75,000 last year, with my son, my daughter, my wife and I. We're middle
class. We pay a lot of taxes. And I don't have any business so I cannot take
any tax shelter or deduction or anything. No sign with the check of the
business somebody do a... a job. Somebody works in my house and I sign with
the check of my business? No. I don't have any deductions. Uncle Sam takes
every two weeks. Before I get it they take their share. And some of that
move is going in the $2,000,000, the $5,000,000. No, it can't go. Remember
the 1,000,000 that was taken from Allapattah, and Overtown, and Little Haiti,
under the guise of helping Camillus House?
Ms. Bell: That's right.
Mr. Cruz: Where is the money? The money 1s gone. It didn't go to
Allapattah. It didn't go to anything there.
Ms. Bell: It sure didn't.
Mr. Cruz: It just disappeared, to where? When the Camillus House didn't go,
they gave it to Jackson, which gets a half percent tax now, and to Miami Dade
Community College, which gets the other tax now, the one that will make that
money that they need there. And when do we get the money? They get the money
on account of us and we don't get any benefits. Like, now they've got
$2,000,000. See, and I read here... When I read the article in Miami Today
about the million dollars, the $2,000,000, I said, "Oh! It's going to be a
feeding frenzy again! Feeding frenzy! Money!" People spell money and you
will see. Two million. And I read the names there. I didn't see anybody
321 October 8, 1992
from Allapattah there, the names on the article. Matthew Schwartz, Jim
Chablij Xavier Suarez, Bill Lima, Phillip Plumber, Roger Soma, Paul Jones...
Mayor Suarez: They published your letter, didn't they?
Mr. Cruz: No, no. That was an article that came last week in Miami Today.
Mayor Suarez: No, but they published your letter this week, I think.
Mr. Cruz: SI. That's the only paper that... Linda is there, she's very...
She was there.
Mayor Suarez: Yeah. They published your letter this week. But, go ahead.
Mr. Cruz: Finally.
Mayor Suarez: There you go.
Mr. Cruz: Finally. They already know something. Bill Lemnon...
Mayor Suarez: Are you almost at the end because I think the waiver...
Mr. Cruz: No, no. Seven... Eight o'clock I've got the time.
Mayor Suarez: Mariano, listen to me. The waiver that you did... I don't
know if everybody's getting ready to be waived or not but they all seem to be
interested in speaking. So, why don't you wrap up, please?
Mr. Cruz: Yeah, they... No. OK. But...
Mrs. Elaine Cruz: Everybody else took their time...
Mayor Suarez: Please.
Mrs. Cruz: OK? Everybody...
Mayor Suarez: Mrs. Mariano Cruz, you're welcome to come up here...
Mr. Cruz: On account of the distance, remember.
[INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.]
Mayor Suarez: Please, please.
Mr. Cruz: Mr. De Yurre.
Mayor Suarez: Miss Keller. You have, of all people...
Mr. Cruz: Mr. De Yurre?
Mayor Suarez: ...to follow the procedures here because you've alleged many
times that we don't follow them, filed all kinds of complaints against us.
Mr. Cruz: Mr. De Yurre said...
322 October 8, 1992
E
y
{
t
3 iYF:-b'ei�L
3 ,
Mayor Suarez: Yes?
Mr. Cruz: Remember, you've got to be mayor for all people. Remember, the
mayor for all people.
Mayor Suarez: Please.
Mr. Cruz: The populace.
Mayor Suarez: Elaine...
Mr. Cruz: Remember, Mr. De Yurre mentioned it would be...
Mayor Suarez: It is Elaine? Right Mrs. Cruz?
Mr. Cruz: ...half a mile. If my math is not... Well, I know something about
surveying. And I took like Mr. Manny Garcia - he lives at 12th and 24th...
24th is four blocks. So, four blocks between streets 15 blocks equals one
mile... ten blocks between avenues equals one mile. So, it's about a quarter
of a mile, 0.25. I live at 12th and 26th. So that makes me 6/15.... four
tenths of a mile from there.
Ms. Bell: That's right.
Mr. Cruz: And the other people there, the Towers that are at 14th and 19th,
that's two blocks. That's two- tenths of a mile from there. See, I don't
know where he gets that half of a mile. Now, if I can consider where the
Commissioner live... Mr. Dawkins, the closest one, lives up two miles in 14th
and 50th. Miriam, she lives at what?
Vice Mayor Alonso: 1441...
Mr. Cruz: 1441 12th Street. So it's about two miles. A little over two
miles. Xavier, 3060 South Miami, three miles. Plummer, 2600 Hallassee, three
miles. And Victor, 3625 Curtis Lane, do you know where that is? Eight and a
half miles from there.
Mayor Suarez: Please, please.
Mr. Cruz: Eight and a half miles. Yeah. A big deal. Yeah, with his nice...
Mayor Suarez: At least you didn't bring pictures of my house this time.
Mr. Cruz: No, no. Well, I've got pictures...
Unidentified Speaker: It's developing. It's been developing.
Mr. Cruz: No.
Commissioner Plummer: How many miles are you, Miller?
Mayor Suarez: No, he's already done that before. Don't take any more
pictures of my house.
323 October 8, 1992
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r•
Mr. Cruz: Might.
t Commissioner Plummer: How many miles are you? Two.
Vice Mayor Alonso: Me too. Two.
Mr. Cruz: You know. I've got pictures of his house too. He knows it.
Commissioner Plummer: Not you've got to be more than two.
Vice Mayor Alonso: Yeah. He said he measured. Two.
Mr. Cruz: I've got plenty ammunition. Don't you worry about it. I've got
plenty ammunition.
Mayor Suarez: All right.
Mr. Cruz: No.
Mayor Suarez: Finish with your ammunition, Mariano, please.
Commissioner Plummer: Then I can't be eight. If you're two, I can't be
eight.
i
s
Mr. Cruz: Well, I am asking the same treatment you give to other
neighborhoods and the hot potato issue of the Camillus House... You should
give it to the neighborhood of Allapattah. Because we are not second class
citizens or third or fourth class citizens. We are taxpayers too. We're
members of the majority. We are tax...
Commissioner Plummer: Forget it. I'm much less than that.
-; Mr. Cruz: And we... Some of us, we pay more taxes in proportion to what
other people pay because there's a lot of poor people living there, in the
neighborhood.
Commissioner Plummer: Three. If you're two, I would be three. Yeah.
Mr. Cruz: I've got other things, but since you're going to let some of the
other ones talk too, because we are members of the community... I mean, of
the Dominican community and other people would like to say a few words.
— Mayor Suarez: Very good. Thank you.
a
Mr. Cruz: Thank you.
Mayor Suarez: Jackie?
Ms. Bell: I'm Jackie Bell. I am a property owner, a residential property
owner within Allapattah, less than a mile away. I live there. My children...
My child and my grandchildren live there.
Mayor Suarez: Give us an address, please.
324 October 8, 1992
k
�t.
Ms. Bell: Hmm?
Mayor Suarez: Give us an address, please.
Ms. Bell: 1120 N.W. 39th Street. We see enough in our community. Pat,
you're absolutely right. We've had the jail. We've got Beckham Hall. We've
got everything that you want to throw at a community. We have it. When my
father built me that house when I graduated from high school, back in 1956,
that was one of the most beautiful neighborhoods that I ever laid eyes on.
Today we can't say that and we don't move. OK? We left... I had to leave
from Overtown because HUD (Housing and Urban Development) took our property
and Daddy built me a house so I wouldn't have to move any more.
[INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.]
Mayor Suarez: Please, Ann Marie.
Ms. Bell: OK? We... I support the Camillus House having to build some place
for the homeless. Each one of us is either homeless or one paycheck from
being homeless. But the children at Santa Clara, the children at Allapattah
Elementary School and the children who walk those streets to and fro to those
schools, I think have had enough because they see homeless everyday. We have
a homeless population of our own that are not housed anywhere. They just walk
the streets everyday, all day, every night. The other side of that is that if
the sight that you are talking about building Camillus House on, which 1s the
old incinerator site if I make no mistake. Is the ground safe that you can
build there for people to live? Is the water safe? If you're going to do
that, don't you feel that the homeless have the same right to be safe too?
But, please, Allapattah has had enough. Please don't put anything else out
there.
Mayor Suarez: Yes, you may assume that we will abide by all of the Codes and
the subsoil will be checked as to contamination, and the water and everything
else will be just like it would be in any other neighborhood. That part you
can certainly... I have no disagreement here on. All right. Thank you,
Jackie.
Mr. Victor Alba: Yes, my name is Victor Alba. I have a commercial business
on 34th Street and 17th Avenue, Autoridad Printing. This is in Allapattah.
And we have a lot of problems in this community. I think the Camillus House
for Allapattah is not going to be for the little city. I don't know. We have
a lot of space, about 119th Street and I ask you why can't you move to another
space, and not in Allapattah. Because it's a good move, the Camillus House to
Allapattah, or the business. The people in Camillus House they work all the
day in all the area. And the people who own the business, there's not going
to be anything. When some people call my company and I give the address, if
it's people from Kendall or another place they say, "Oh, you're from
Allapattah? Oh, no. I can't go to this street. I can't go to this area."
We have a lot of problems staying in business. If you move the Camillus House
to this area, the problem is going to be large. Please think about another
place, another area, 109th Street, 200th Street. I don't know.
Mr. Cruz: In the County?
325 October 8, 1992
7F
e
Mr. Alba: No. In Dade County.
Not in Allapattah, for all the
people who
live in Allapattah. 'thank you.
Mayor Suarez: Very good.
Mr. Otto Lopez: Mayor, Vice Mayor, Commissioner, my name is Otto Lopez. I
live at 915 N.W. 1st Avenue. As a tenant and part of the management team at
Biscayne View Apartments, I can state this situation has become unbearable. I
have friends, family members, and tenants to be that will not go into the area
because they are constantly harassed by these people. If the situation can be
solved by this program 1n Allapattah, please do so. We need the help. Thank
you.
Mr. Arismendy Mateo: OK. My name is Arismendy Mateo. I live at N.W. 2627
30th Street. I'm working for the... I forgot the name of the park. Comstock
Park volunteer. I'm working with a lot of people, a lot of kids in the
community. I have a question for the Commissioner. Why is it... See,
Allapattah, that's the Cinderella of the City. Why does the City of Miami
want to put a Camillus House on the Cinderella? Allapattah, the City of Miami
never gives you anything, Allapattah. You've seen a tot of people coming to
talk in front of the microphone that don't live in Allapattah. Those people
never in their lives pass old Allapattah. They don't know anything about
Allapattah. Allapattah is the Cinderella of the City. Now, the City, the
people want to give you more problems to the Cinderella. Please,
Commissioners, Mayor. Please help Allapattah PERO don't put a Camillus House
in Allapattah.
Mr. Ruben Dario: My name is Ruben Dario Cruz. I live at 3410 N.W. 8th
Avenue, Allapattah, 27 years. I work in the Bayside area. I work with the
homeless. I've got no problem with that. Now, why do the people from
downtown, the people from Bayside want to send those people to our area? The
rest of my time I'm going to give to Mariano.
Mr. Cruz: Right.
Ms. Edith Sanders: Come on. That's right, you can come after me.
Mr. Cruz: No, let me tell one thing. No. Because he was going to say, like
mention William Lehman. William Lehman lives in Biscayne Park, he doesn't
need the money. Seven -Eleven, he's at the 7... William and John Lehman, 711
N.E. 118th Street, Biscayne Park, 33161, if someone wants to right there. He
lives there. He's a lame duck. Anyway, he's got... But...
Ms. Sanders: He's a lame duck.
Mayor Suarez: What does that have to do with it?
Mr. Cruz: Yeah. No.
Mayor Suarez: He's a I mean he's a congressman. He's helped the community a
lot.
Commissioner Plummer: Oh Lehman?
326 October 8, 1992
w��iaiae�•-
Mr. Cruz: OK, he's helping. But remember...
Mayor Suarez: You're making arguments that hurt your cause. Go ahead.
Mr. Cruz: I know. But remember... But I have to say that. Remember, about
Biscayne Boulevard there, 109th Street is a nice property there. It's County
there. It's a closed motel there, close to Santa Marta... By the northeast
limits, by North Miami, Biscayne Park...
Mayor Suarez: OK.
Mr. Cruz: ...Miami Shores...
Mayor Suarez: All right, Mariano.
Mr. Cruz: That the property they can consider there because look at it. In
the same article in Miami Today you got the people in Coral Gables who are
opposed to Doctors Hospital building. A medical building. I am not talking
about a homeless facility, a medical building. And doctors because they are
invading their neighborhood. So we get the aliens all over in Allapattah.
That is what we got there.
Mayor Suarez: Watch when you move your arms or you are going to hit someone.
All right. Folks, you are welcome to make a quick statement. Believe me we
have heard every possible argument on this over the years. Just give us your
name and tell us what your position is so that we can vote on this. We have
got a couple of other matters, and we have people waiting on them.
Ms. Edith Sanders: Good afternoon. My name is Edith Sanders and I live in
the downtown area, 915 Biscayne View Apartments. I am not sure whether I am
for or against moving. All I want to know, I mean, would like to see is that
people are helped. I go to school at night and I work at night. I come in at
two in the morning and, yes, I am afraid for my life, but then again I see the
problem. I have driven on two different occasions I have seen women, women
standing in the street, daylight, taking baths, one was pregnant. Help the
people. Thank you.
Mayor Suarez: Very good.
Ms. Kathleen Regan: Good evening. My name is Kathleen Regan, and I live at
915 N.W. 1st Avenue. That is the Biscayne View Apartments. But I know
whatever I say would apply also to Poinciana Village, and the Arena Towers.
So I may take more than the one minute authorized, but I think what I have to
say is very important because I was born in Miami, Florida. I am a Korean
veteran. I lived through the 1935 storm. I heard my mother and father talk
about the 126 storm, and here you are crying about the 192 storm, and your
children won't even cry about it. Now why am I concerned? Well you see I am
also a retired person. I just retired recently from West Germany. I was a
Department of defense worker for the United States government. Prior to that
time I worked for the City of Miami Police Department. I also worked for Dade
County Public Schools. I was a teacher and also a principal. So I paid my
327 October 8, 1992
j
dues. And now I come back to Miami, and I know the Miami I left was a happy
place, It was a place where people were proud to live, and we didn't pass by
the homeless. They weren't homeless then, but I do remember driving in this
neighborhood and I remember seeing the people standing there waiting, I guess
it was called Camillus House then, waiting to be fed. But we passed by them,
and drove by them and without feeling any fear for our immediate safety. Now
I live at 915 and I was very glad when I came back. I called most of my
friends and said I am coming back to Miami. I was told by my doctor to come
back to a warm climate. So I left just when the war was going down in East
Germany. Excuse me. And I said... They said, oh, you are going to Miami.
All they know over there is the Miami Vice you see, and all those beautiful
houses with the, you know, boats skimming over the water. And they said, oh,
Kathleen, we are coming to see you. I have many friends in Europe, different
parts of Europe. Oh, we will come to see you. Where are they coming. To
walk pass the Camillus House now. It is not the Camillus House I left. That
is not fair to the people in Camillus House either. I don't pretend to have
the answer, but I know one of the answers is not siting here quarreling among
ourselves. I am ashamed. It appears to me that people who now talk about
Miami like you up there. You don't act like you like Miami anymore. You are
just there talking about numbers. Everything is a number. The United States
government we work for. United States government left a building in
and because it is in Coconut Grove the homeless can't have it.
Are they not American. I understand most of them are veterans like myself.
don't understand what it is all about, but I know one thing. I thought I was
coming back to a Miami where I could walk in safety. Because I have glaucoma
I don't see very well. I have to use taxi cabs, I don't drive anymore, and I
have to have a cab to go and get stuff and to go and get groceries. And it
cost money. As the lady before me said you pass by and they are pulling the
car doors on the taxi open. Now I feel sorry for them too because they are
Americans just like you are, and just like I am. So I feel sorry too. I
don't have the answers either, but I do know we have rights, and they have
rights too, and your job... We elected you, therefore, we are paying you, I
guess, with our taxes to solve the problems for us, and my recommendation is
the same as my group's, which is to move Camillus House, but move them to a
place where they will be safe too, because, after all, most of them are
veterans, and you are here and free because they are veterans. So they have
rights just like we have rights, and it shouldn't take a storm like Andrew to
make a City quarreling among ourselves. I would be ashamed for some of my
friends to come down to see what we are doing here fighting among ourselves
about where to put the homeless because they are Americans just like us. And
I think that we owe them something just like...
Mayor Suarez: Very good.
Ms. Regan: We are not going to carry them but I do know you owe them
something. And you have to solve the problem. That is why you are up there
because we elected you to solve the problem for us. We can only give you our
suggestions. Our suggestion is that downtown Miami is a place that should be
happy, and a gay place, and a glad place where there would be people old, like
I am, to be able to walk at least to the boulevard without being afraid of
being shot or something. It is not fair.
Mayor Suarez: Very good. Thank you for your comments.
328 October 8, 1992
Ms. Regan: Thank you.
Mayor Suarez: You remind me, ma'am, of Mariano Cruz. I think we could put
the two of you in a room for a couple of hours you would work this whole thing
out somehow.
Mr. Cruz: I learn from you.
Mayor Suarez: There you go.
Mr. Cruz: Listening to you I learn from you.
Ms. Regan: I think we could solve it.
Mayor Suarez: All right. You always have an answer, Mariano. I don't even
know why I mess with you. All right.
Mr. Guillermo Rodriguez: Mr. Mayor, Commissioners, my name is Guillermo
Rodriguez. We own a business at 1200 N.W. 22nd Street right in the produce
market. I am here tonight, with other members of the produce market standing
down there, we feel that the Camillus House is an excellent project for the
homeless, however, as Mr. Mariano Cruz stated earlier, and showed you some
pictures, we are currently trying to work with the local Aliapattah stations.
The N.E.T. (Neighborhood Enhancement Team) program I think you call it, trying
to clean up some of the debris and trash around the produce market which is
being very hard because of the fact that there are many homeless vagrants, or
people who have no other place to go and they are around the area. They
scavenge around the trash cans, and we believe that if this facility is placed
where you currently want to place it will compound the problem that we have in
the produce market, and for the rest of the people around the community. We
urge, therefore, that you vote against this site in your vote tonight. Thank
you.
Mayor Suarez: All right. Doctor Greer, and final words of wisdom because we
have got to wrap this up, folks.
Dr. Pedro J. Greer, Jr.: Hi, I am Pedro Jose Greer, Jr. My residence is
Coral Gables. My place of business, where I joined my father in practice 18
months ago, where he has had his office now for over 25 years, and maintains a
private practice that now supports my family since the work I do with Camillus
and the with University I do for free, is at 1150 N.W. 14th Street, Suite 501.
That is less than a half mile from the proposed site where Camillus House
l' plans to move. So as I speak here today I speak today as a small businessman
who cares for his community. I know that the other physicians and
professionals in my building, as well as those in the private practice arena,
and in the public arena, have not voiced, at least to me, and I spoke to many
of them, any objection whatsoever to make a move toward that location. What
+ this would show from the City of Miami, it is not just the leadership in
taking the first step in offering a rehabilitative area with dignity to
individuals. But in a way, by putting all this together in that neighborhood,
and bringing the neighborhood together, as Camillus seems to do every time we
are proposed to move somewhere, would allow people to show the kindness that
has been reflected in our community since the hurricane, and the caring for
329 October 8, 1992
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individuals. And as I speak here today, please, I really want to emphasize, I
am not speaking as a volunteer doctor at Camillus, I am speaking as an
individual that drives his car there everyday, mostly seven days a week, and
that is the sole income from where I derive to support my family. I have not
only no objection, I embrace openly this, as does my father, who has been
there for over 25 years and the rest of my family. And I hope the City
Commission understands that when I speak, I am speaking not as an individual
working with the homeless, which I love dearly, or an individual that has been
associated with Camillus House for over eight years now, but somebody who
decided, when he had a professional life, to take it out of the university,
that I could have gone anywhere in this community, from South Miami Hospital
area, to the Beach area, to Mercy Hospital Professional Building, and I chose
that area, and my private patients still come to that area and they have no
objection of going there either, and this would be one of the greatest
feathers in the cap that this Commission can do to resolve an issue that is so
complex, but needs a first step to get started. Thank you.
Mayor Suarez: Thank you, sir. How did you get to the mike? Very quickly.
Very quickly.
Mr. Michael Brittingham: I just think that we are missing the point.
Mayor Suarez: Name and address please.
Mr. Brittingham: I am Michael Brittingham, 915 N.W. 1st Avenue, Biscayne View
Apartments. In addition to commercial interests I am speaking as the
Executive Director of the Overtown Southeast Park West Foundation, and I think
the problem that we are missing here is that the homeless have a problem, and
it is not where to go get food, whether it is Camillus House or some other
location, but it is the fact that they don't have a home, and they don't have
a place to sleep, and to go after they get the food or get the health services
from Camillus. And I know I am going to surprise a lot of the people that I
came down here with because I came down here really to support this, and I
think that you should support it. But now that I have really sat and thought
a few minutes about it I think you should support it with a proviso that the
Brothers of the Good Shepherd, and everyone else that has got a common
interest cooperative part of this should make a larger component of the new
facility, a component the houses the homeless because that is the basic
problem. And I live over there. I run a food corps over on the 9th Street
Promenade. I deal with these guys and ladies every... No ladies, men and
women, every single day, and the problem is not... Because they are very
orderly. They are very calm. When they are waiting in line to get a meal or
going over there to get a pill or some kind of health service or something,
there is no problem. The problem is that once they get fed...
Mayor Suarez: Sure.
Mr. Brittingham: ... once they get the service, then they come and live on
the street, and they live on the street the same way you and I live in our
living room and in our den, in our backyards, and in our private property, and
that is the problem. So I think that while, yes, you should vote to get
Camillus House relocated, because without it development is at a standstill
and no new development is going to come in. But I think that you should
include a larger proviso that says a 100 people being housed is not going to
330 October 8, 1992
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f
be enough, and that you should house a larger component of people that you
give the services to. Make that a provision of your approval of this, in
concept, and then let the deal go through, and then minimize the impact on the
Allapattah neighborhood, and you won't get people speaking at length about why
they don't want the operation to cone in here. So if you house them and solve
the problem that homeless people have... They don't have a problem in getting
something to eat. They stand out in front of Macbonalds...
Mayor Suarez: Yeah. That is clearly not a problem.
Mr. Brittingham: ... and beg food all day. So the problem is that they don't
have any place to live and to go to after they get the services. So I am
going to urge you vote no, or to vote yes with a proviso that a larger housing
component is built into this deal.
Mayor Suarez: Very good. Thank you, Mike.
Mr. Brittingham: OK. Thank you.
Mayor Suarez: Last speaker, and then we are going to close the public
hearing.
Mr. Charles Littman: Yes, I am Charles Littman, I live at 915 N.W. 1st,
Biscayne View Apartments. I just wanted to say that I feel strongly that this
moving of Camillus House is probably in the best interest of the City's
future. I have lived down in South Florida all my life practically, and, you
know, I see this as a step forward instead of standing still, and we are not
going anywhere if we keep it where it is at now. It is just, in my opinion,
that we do this in an event of...
Mayor Suarez: Thank you.
Mr. Littman: OK. Thank you.
Mayor Suarez: Thank you. Jeff, we have...
Mr. Jeffrey Bercow: Mr. Mayor, if I can just briefly wrap it up on behalf of
the moving side. The simple decision that you have in front of you tonight,
do you want to see Camillus House in an antiquated facility, in a clearly
inappropriate area, a redevelopment area where we have had much public
investment, we hope to have much or in the future, or do you want to look at
Camillus House in a new state-of-the-art facility, in an area, that at least
initially, appears to be a institutional area? Now this is not the place for
you to make the land use decision tonight. That is not what this is all
about. What we have tonight is a proposed contract. We are going to have
plenty of time to look at the land use issues before the Planning Advisory
Board, the Zoning Board and the City Commission at least two times when this
comes up in the future for zoning approvals, master plan approvals. That is
the time when you are going to look at the compatibility issue. That is the
time when you are going to look at the land use issue. That is when you are
going examine ways to buffer the impacts. What kind of site planning concepts
we can use. How can we mitigate any perceived negative effects on the
community. That will be the time to look at those issues, not tonight. I
would like to ask Mr. Robert Traurig on behalf of the Greater Miami Chamber of
331 October 8, 1992
Mr. Robert H. Traurig: Thank you, Jeff. My name is Robert H. Traurig, I am
an attorney at law, 1221 Brickell Avenue. Initially... I do not live within
the City of Miami. Initially I was reluctant to speak because of my prior
representation of Camillus House, but I don't appear tonight on its behalf,
but to reassert the position of the Chamber as stated by several of the
Chamber representatives in support of the proposal. As Brother Paul described
the project, it is not intrusive. As he described the project, the people who
will utilize these facilities will not have physical contact with the people
who live on 14th Avenue or North of 20th Street, and if you focus on the
location of this project, and you relate it to that discrete area between 11th
Street and 20th Street on both sides of 12th Avenue, you will recognize that
on both sides of 12th Avenue we have institutional uses. This is another of
the institutional uses, not unlike the hospitals. Not unlike the State office
building. Not unlike the City of Miami facility at 12th Avenue and 11th
Street. This is an area flanking 12th Avenue which is exclusively
institutional uses. So we urge you to recognize that characteristic of this
area, and recognize that these very nice people who spoke against the project,
and who are very concerned about their neighborhoods are really not directly
related to this particular facility if they live on 14th Avenue or north of
20th street, and some further north than 36th Street. So we urge you to
support the proposal. We think that it will solve, to a great extent, the
current problem relating to the homeless. Thank you.
Mayor Suarez: All right. Thank you, counselor. One last statement very
quickly please. Well, one of the two of you
rebuttal please, quickly.
Mr. Arismendy Mateo: The problem the Camillus House. I support that you move
the Camillus House but not Allapattah. Why... You know... Allapattah that
is a dead community. When I moved in Allapattah, in 1974, Allapattah had a
lot of business. What happened Allapattah? Allapattah day by day is dead.
Day by day is dead. Now Dominican community a lot of community moved to
Allapattah and is tried to get up Allapattah. Now the bunch of people living
out of the City of Miami, living downtown want to send more problem to
Allapattah. Allapattah had enough problem. Now what do you put more problem
in Allapattah? I know Camillus House is a problem. So please don't put the
problem in Allapattah.
Mayor Suarez: All right. Thank you.
Mr. Cruz: I have one rebuttal to
institutional use. I will give the
start bringing another hot potato here
an institution that the City owns the
old homeless for the Miami bridge.
House at that place and you will see
every place will be here too, because
is going to be a problem. And that
the...
Mayor Suarez: All right.
make to Mr. Traurig. He spoke about
A ty an alternative and you will see we
Remember 1145 11th Street? That is
re. The jail and the building and the
Start talking about building Camillus
how many people from Highland Park from
wherever you put Camillus House, there
is institutional use because there is
332
October 8, 1992
Orr'tSt,
Ole
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Mr. Cruz: ... and
remember one thing. It
is not...
Remember
what the
a� Chinese say?
'. Mayor Suarez: No.
I don't remember.
Mr. Cruz: If you give fish to the man he eats today. If you teach him how to
fish, he eats everyday. It is not by feeding people that you are going to
solve. Go to the root to the problem what's causing homelessness. Why the
people go on the street that should be in the hospital. The other people.
The minimum wage. The poor housing. It is a lot of things. It is not...
Camillus House is not what 1s causing the problem of homeless. Camillus House
is a result of the homeless problem. Because homelessness is becoming you
know what, a member of the Fortune 500. It is Homeless, Incorporated. Big
business, that 1s what becoming homeless.
Mayor Suarez: All right. Commissioner, we have got a few other items.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes, sir.
Commissioner De Yurre: Needless to be said, I believe that throughout the
years, if there is one reason why Camillus House has not moved it is because
we have been sensitive to neighborhoods that have come at issue. Today we
have an opportunity to do something a little bit different. Different in the
sense that what is being proposed to be created at this location is totally
different from what is presently being done, which is the fear that everybody
is talking about. We are talking about having up to a 100 persons. Having a
facility to live in where they are going to be taken care of and rehabilitated
to like Mariano says, "To learn to fish." So they can feed themselves on
their own from then on out. I feel that this 1s the best location possible.
Again, understanding that we are only approving a memorandum of understanding,
which again, the Administration will go to prepare a finalized agreement to
bring to us again. I strongly urge my fellow Commissioners to join me in
voting favorably for this, and I move that we adopt and we incorporate this
memorandum of understanding, and instruct the Administration to, using this as
a base, to negotiate an agreement to be brought before us at the November
meeting.
Mayor Suarez: So moved.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: Please. Please, Elaine, we heard a lot from your husband.
Please. Ma'am. Ma'am, we would like... Where is Mariano? Mariano, deal
with your wife, please.
Mr. Cruz: Freedom of speech. It's a free country! First amendment!
Mayor Suarez: Sir, now we have got two people disrupting, please. All right,
Commissioners. We have a motion. Do we have a second? Sir!
Commissioner Plummer: Mr. Mayor, nothing would please me more than to move
Camillus House out of its present location, but not at the detriment of some
333 October 8, 1992
g�,rgr�
ring*
other group of this community. We speak that in this community there are
approximately, and maybe, I don't know, give or take 8,000 homeless people.
That could be a wrong figure, maybe 1t is 590009 I don't know. A tot of them,
we know that. This proposal will accommodate, at best, 100, and what about
the other 4,900, or 7,900, or all of the rest of them? You are spending five
million dollars.
Mr. Cruz: Seven million.
Commissioner Plummer: Don't worry about it. I can talk over him, Mr. Mayor.
I have done it before. You are spending five million dollars to accommodate
100 people, and you know, if I thought for one minute that moving Camillus
House to 12th Avenue and 20th Street, that they wouldn't go back downtown
everyday, I would feel differently. But I guarantee you, as I sit here, that
other than that hundred that will be sleeping in that facility, they are going
to be back downtown, and they are going to be in the same location, as I have
said so many times, that they got a better home for the homeless than I have
because they have waterfront property, and live in the park, and that is
where, unfortunately, the downtrodden have to do their panhandling, their
window washing, and they are not going to do it at 12th Avenue and 20th
Street. They are going to go back down, downtown where they have been and
known for years. My other concern is very simple. My other concern is that
there is no absolute guarantee that the minute that Camillus House goes to
20th Street, that some other very fine reputable organization isn't going to
go downtown Miami and start another facility. There is no guarantee that you
can stop them. We have them today, as I know that I drive downtown, operating
at nine o'clock at night out of the back of a van. They pull up at Ftagler
Street, open it up, and they feed people from the back of the van, and from
other municipalities, and I have always said they do it there to keep them
there so they don't move to their municipality, but they do it, they are
there. I have said before, and I guess I will have to say again, there is
really no right place for Camillus House in a City populated with great
residential areas. How well we recall that when this was proposed in the last
location, at 19th Street and Miami Avenue, solely a warehouse district, how
the people of Edgewater, and how the people of Morningside came out in droves,
and said don't put them in a warehouse area, and this Commission, in its
wisdom, decided they were only going to be moving seven blocks - and what were
you accomplishing? I would like to see a facility of Camillus House where it
is not going to bother people, 10 times the size of Camillus House as it
presently exists. I cannot vote this evening favorably, and I have had to
tell that to some mighty good friends, because I really don't feel that we are
going to accomplish five million dollars' worth of good to address, basically,
100 people with beds. There is no guarantee, and I am just absolutely certain
that those people, who are not going to be furnished a bed, once they have
eaten, will be back downtown. They will be around the arena. They
congregate, primarily, now around 8th and 9th Street on Biscayne Boulevard in
that park area there, which is immediately adjacent to those others. I just
feel that there must be some way that it could be a distance involved in which
Camillus House would be far enough away from the downtown area that it would
not only be impractical for them to go back downtown, but almost impossible.
I commend Commissioner De Yurre for the hard work that he has put into this.
I commend the Camillus House for doing a very very fine job. I think they do
an excellent job. I think the Miami Rescue Mission does an excellent job, but
I just don't think it is fair to ask me to lift the burden off of one group of
334 October 8, 1992
people to the detriment of the burden on another group of people, and that is
what I have to be looking at tonight. Thank you, Mr. Mayor.
Mayor Suarez: The problem, Commissioner, with the way you are looking at it,
is that, true enough, homeless are attracted to downtown.
Commissioner Plummer: Sure they are.
Mayor Suarez: That will remain if we create this facility and make it happen
on 12th Avenue and 19th Street.
Commissioner Plummer: 20th Street.
Mayor Suarez: 20th? Between 19th and 20th. I thought it was 19th. If,
however, we don't begin doing this... See, the whole point is that we are not
relocating what is happening in downtown Miami, folks, that would be a big
mistake. We are also not going to build a thousand person shelter there...
Commissioner Plummer: I didn't...
Mayor Suarez: ... because that also would be a big mistake, I think. We have
to decentralize the whole effort of helping the homeless. We have to find a
_ place, as you stated, where they begin by having a shelter, and every other
kind of service we can provide to them including rehabilitation, referral,
feeding et cetera. The ones that will end up downtown will end up downtown
regardless of whether we do this or not. It is our task as a community to
figure out a way to do what the churches are doing in different parts of the
City, feeding, and caring, and networking and giving health care. As Dr.
Greer was telling me the other day, I mean, the fact of the matter is a lot of
the health care to indigents would still have to be given downtown because
they are still going to end up downtown in many cases. But the
decentralization and the provision of a place where people have a bed, and are
not simply fed, Camillus House is great but it is attracting 18 people roughly
for every one that is housed there to be fed and to be given medical services.
Folks, the correct model, if there is a model, is the one that works. Christ
the King Church and the Temple and Central Baptist where people in their own
communities because Allapattah has homeless, and this facility can work just
as easily as a magnet to take homeless that are in your community, and put
them in a facility where they can get help as it can, and it really should not
work as a magnet to take ones that are downtown. It should be a magnet for
people that are ready to be treated, and by the way I don't have any great
objections to the facility that is being proposed for Coconut Grove, which is
were I happen to live, if you call it that. The point is we have got to give
them integrated services. We have got to give them everything that they need
otherwise we are not going to solve their problems, and we have got to
decentralize it. We can't say Camillus House stay downtown. It is not fair
to the projects that we are trying to build there, just like we couldn't say
let's build a thousand person facility in Allapattah. I think that would be
highly unfair. We have all got to accept part of the presence of the
homeless. We had a great battle one time here in Miami, and it was a Charlie
' House in Coconut Grove. You remember that? Kids that are troubled. Kids
that are abused at home. Kids that are not in an environment in their own
homes that they can live there, and it was located... They were proposed to
locate it, and they ultimately did, right smack in the middle of the Grove,
—
335 October 8, 1992
Mr. Cruz: I know. I remember. Barranco was against that.
Mayor Suarez: Yes. You remember A.J. And they were against it and this
Commission voted for it, and we accepted it into the midst of what is actually
not only our homes for many of us, but also our work place to the extent that
we are here at City Hall working, and we sure are working today. So I would
ask you to keep an open mind, and realize it is not a matter of relocating
what they are doing downtown into 12th Avenue and 19th. It is a matter of
changing the way that they are trying to deal with the problem of the
homeless. If they weren't doing that I wouldn't support it. I don't want
another Camillus House on 12th Avenue. That just replicates what is the
problem in downtown, and what is hurting Overtown Park West, and is hurting
the efforts to save a project which now, because of the hurricane, as it
happens is fairly full of people. So that perhaps is where I think that the
logic is wrong. I mean we are going to have a lot of homeless downtown in any
event. They are going to be there because they get off the expressway. They
hitch hike. They come down the railroad tracks. They get to downtown in many
many ways, and, yes, a lot of people feed them downtown as you said, and I
don't know how we deal with that. That is not the correct way to help the
homeless. I think that Doctor Greer would be the first one to tell you, and
Brother Harry, you have got to give them all of the services, and you have
also, and here is where you run afoul with the court, unfortunately, in the
case that we now have in federal court. You have also got to tell them, in
some cases, you simply cannot be here. This is a place that is very very
dangerous for you. You cannot be under these overpasses in Overtown. You
cannot be here. You must be relocated. You must be treated. You must be
housed. You must have a different kind of life. If still you have, as you
are implying before correctly, some people who still want to live in that kind
of life, maybe they can do it in other parts of the County in other parts of
the State. Let's give some more thought to this and I hope that we can secure
a third vote for this because I really think that we are about to do something
entirely new. We are not just relocating the facility they have there.
Commissioner Plummer: They hope they can find a third vote.
Mayor Suarez: If we were doing that, folks, I would vote against it. That
would not be right. You can't just take it from one neighborhood and give it
to another.
Commissioner Plummer: Mr. Mayor, I guess, I hope that a lot of well
intentioned people, and Mr. Bercow, let me commend you and the group that
spoke here this evening. It was well mannered. It was well done. But I hope
a lot of well intentioned people who spoke here this evening in the very near
future are not happy
over the fact that it didn't accomplish what they thought it was going to
accomplish.
Mayor Suarez: I'll second the motion to get the matter...
Commissioner Plummer: May I ask a question? It is under... In this
memorandum of understanding to Mr. De Yurre or to the Manager, is it my
336 October 8, 1992
0
understanding that they will not vacate... Excuse me. That they will
maintain the ownership of the property on 1st Avenue?
Mr. Odio: Yes.
Commissioner Plumper: In other words they will take over the two acres of the
City, but they will still continue to derive some kind of income from the
property on ist Avenue?
Mr. Odio: Provided that it is not the same services they are providing them
now, yes. They could do anything...
Commissioner Plummer: We don't get the property?
Mr. Odio: We do not get that property, no.
Commissioner Plummer: And in 10 years when, according to this, they would be
able, at their option, to buy the property at a 192 valuation...
Mr. Odio: At the appraisal value.
Commissioner Plummer: ... they will still own that piece of property at Park
West, is that correct?
Mr. Odio: That is correct.
Commissioner Plummer: The five million dollars, is it a loan or is it a
grant?
Mr. Odio: Sorrv. I...
Commissioner Plummer: Is the five million dollars a loan or a grant?
Mr. Odlo: They have an outright grant for two million, and we heard from the
Jacksonville office that they will get a three million dollar loan that they
will support a three million dollars loan from the federal government.
Commissioner Plummer: Since... It would be my understanding if the two
million dollar grant does not come through, which has not yet been approved.
Commissioner Plummer: It has been approved by the... It is in the
appropriations ordinance.
Commissioner Plummer: It is finished?
Mr. Odio: It is finished and it is only for the...
Commissioner Plummer: OK. No, no if that is the case...
!I Mr. Odio: ... relocation of Camillus House.
Commissioner Plummer: ... then my question is superfluous.
Vice Mayor Alonso: Any further comments?
337
October 8, 1992
k
a
Commissioner Dawkins: Yes. Nobody wants Camillus moved any more than I do.
My merchants downtown are being squeezed out of business. The people who go
to the arena are being frightened to death, and the people who live around
there are being frightened to death, and I promised Brother Harry that I
wasn't going through this as I went through this before. Now either Camillus
House and the City of Miami either have to fish or cut bait. We either have
to get in and cut bait together and then fish together, or we have to fish
together until the bait is gone. I have a problem with what is being offered.
Nobody has told me yet what is going to happen to the surplus of people if we
are feeding... No I am going to rephrase that. If we are servicing 800
people a day and all of a sudden you provide a facility for 100, what happens
to the 700? The other thing... These are some... I understand that this is
supposed to be a meeting to give directions to Commissioner De Yurre on what
to negotiate with Camillus House with. Mr. Bailey, I mean Mr. Manager, what
is the assessed value of the Camillus House property?
Mr. Odio: Of the one downtown? As I remember it was a million. One came in
at a million and a half, another one came in at nine hundred thousand. The
average was a million three.
Commissioner Dawkins: A million three. What is the assessed value of the
property on 12th and 20th?
Mr. Odio: The average would be at one point...
Commissioner Dawkins: No, no, no.
Mr. Odio: ... seven.
Commissioner Dawkins: Don't give me the average. The average of the two...
Mr. Odio: Of the two operations, it is one million seven.
Commissioner Dawkins: OK. How many... One million seven.
Commissioner Plummer: The property on 20th Street?
Mr. Odio: Yeah.
Commissioner Dawkins: How many acres does Camillus House have?
Mr. Odio: In downtown?
Commissioner Dawkins: Yes.
Mr. Odio: Let's see... I don't remember.
Mr. Matthew Schwartz: It is a little over an acre.
Mr. Odio: An acre and a half or less.
Commissioner Dawkins: It is not an acre. It is less than an acre.
338 October 8, 1992
Mr. Odio: It is close to an acre.
Commissioner Dawkins: It is less than an acre.
Mr. Odio: And over there it is two acres, Commissioner.
Commissioner Dawkins: All right. And over there is two acres.
Mr. Odio: Yes.
Commissioner Dawkins: All right.
Mr. Odio: Yes.
Commissioner Dawkins: So we got two acres and they got less than an acre.
OK? Now, in order for me to support this whenever Commissioner De Yurre comes
back, these are the things that Commissioner De Yurre will have to go to
Camillus House and negotiate, and Camillus House does not know this is what I
want negotiated. I don't know if their board will buy this, but I am saying
to Brother Harry that when you come back this should be it. The whole while I
have been negotiating this... Every time I think we got an agreement,
Camillus House ups the ante. If you think I am lying, check the records. OK.
So now this time when you come back, whenever Commissioner De Yurre and the
Camillus House negotiates to, that should be it. Now, I will not, under any
circumstances, vote to lease Camillus House two acres of land for a dollar a
year. I will not vote for that. That is number one. Number two, when you
come back... When you are negotiating, you must find out from me what zoning
requirements are needed. What zoning requirements would have to be waived.
What zoning requirements must be changed. Al right. What is meant by
eliminating environmental problems? Who is going to pay for it, and if the
City of Miami is expected to pay for it, put that into what you are telling
me...
Commissioner Plummer: It is already in there.
Commissioner Dawkins: ... you are giving Camillus House.
Commissioner Plummer: It is already in there.
Commissioner Dawkins: Secondly, if the City is going to provide five million
dollars, you be sure that when Commissioner De Yurre comes back, you tell me
and Brother Harry and Brother Paul that this is five million dollars here.
You don't have to go look no further. You don't have to raise nothing else.
This is the five million dollars, let's go. If you do that you got me. Now,
you also must get a something from Camillus House, that Camillus House will
operate a facility similar to the facility operated by Miami Rescue Mission
and the Salvation Army. You do not see people from the Miami Rescue Mission,
nor do you see people from the Salvation Army on Flagler Street panhandling
and stopping people from doing business. OK. I support the solving of this
Issue. I think there is no better time than now to do it, but you also have
to have for me, a timetable of goals and objectives where this will be done in
two years, and Camillus House will vacate the property because I will only
give Camillus House my property for their property. That is all I will vote
for. Me. I am not going to give them two acres of land for a dollar a year,
339 October 8, 1992
and let them keep an acre. These are things that the board of Camillus House
have to negotiate with Commissioner De Yurre. If there is a heads up swap for
the land, for one acre of the City land, you have got me. The zoning granted
must have covenants to satisfy citizens of that area. I don't care... I
don't care, like Mariano said, we meet with everybody else. We sit down, give
and take. Camillus House is not against negotiating. Nobody has forced
nobody to negotiate. And that all of this is done in 24 months, and Camillus
House vacates the property, and we build a place in 24 months. With that, I
will vote favorably for the package when it comes back. I am going to vote
favorably now because this is only to give Commissioner De Yurre permission to
go negotiate with Camillus House, and I am giving him the things that I would
like to see him negotiate, and let them tell him what they will or will not
do.
Commissioner Plummer: I have a question. Mr. Manager, who put this mutual
understanding together? Was it you and De Yurre and Matthew?
Mr. Odio: There was a meeting here where the...
Commissioner Plummer: Let me ask, if I may. Where did this idea come from,
as Commissioner Dawkins has just emphatically stated, that they acquired two
acres of property for a million seven and give up nothing? How does this...
What brought about that kind of thinking that they would maintain and continue
to own their property at a million three, and have our property for a dollar a
year, and our property is worth a million seven? Now can you te11 me where
that thinking came from?
Mr. Odio: Well...
Commissioner Plummer: What was trying to be... maybe trying to be
accomplished or what? I don't understand.
Commissioner De Yurre: Well, presently what are we doing on that property?
Mr. Odio: Right now, nothing.
Commissioner De Yurre: So how much is it worth?
Commissioner Dawkins: Wait a minute. One minute.
Commissioner De Yurre: What are we doing on that property right now?
Commissioner Dawkins: Mr. De Yurre, my father didn't have a third grade
education but he taught me one thing. Land is the most prosperous and
valuable property on earth...
Commissioner Plummer: They only made so much of it.
Commissioner Dawkins: ... because the Lord is not making no more land.
Commissioner Plummer: Well, my concern, Mr. Manager, it is an honest concern
that happens to be true. Every piece of property that we have - we, the City
of Miami - have acquired in Southeast Overtown, we have paid a very high price
for. I mean a very high price. And yet, for 10 years we are not going to
340
October 8, 1992
have the ability to acquire this property that they are vacating, and are
using our property for a dollar a year. Now, somewhere along the tine, the
property where the arena is was what, three million dollars?
Mr. Odio: No.
Commissioner Plummer: Huh?
Mr. Odio: Where the arena is?
Commissioner Plummer: Yeah.
Mr. Odio: Three million dollars.
Commissioner Plummer: I remember almost across the street the property over
there was two million dollars.
Mr. Odio: No but you have to remember the method that was used.
Commissioner Plummer: Sir, I understand the method.
Mr. Odio: OK. The quick -takes. Remember?
Commissioner Plummer: Sir, I fully... No, the quick -take we
spent six million dollars. OK?
Mr. Odio: That was the wrong way to do it.
Commissioner Plummer: The question I am trying...
Mr. Odio: Wrong way of doing it.
Commissioner Plummer: ... to still understand, we have gone to every extreme
to try and acquire property in Southeast Overtown, and, yet, here we are
negotiating away two acres of our property, and we are not going to get the
property that we have been fighting for. We have now run out of money and
cannot buy any more property, and they are going to use that property free of
charge. This is taxpayers' money.
Mayor Suarez: Commissioner,...
Commissioner De Yurre: J.L., J.L. how many properties do we get for a dollar
a year?
Mayor Suarez: ... they are fulfilling a governmental function with that
property. That is the whole idea.
Commissioner Plummer: Would one of you at a time speak. I might be able to
understand.
Commissioner De Yurre: Well, go ahead, you know.
Mayor Suarez: They are fulfilling a governmental function with that. The
whole idea of moving them out of downtown is not that we particularly...
341
October 8, 1992
i
Commissioner Plummer: Excuse me. Governmental function with what?
Mayor Suarez: To take care of the homeless.
Commissioner Plummer: Sir, I am not speaking to that.
Mayor Suarez: The whole idea of moving them out of downtown was not that we
particularly wanted that property, that we want to buy. We were going to have
to pay a million and a half plus another half million dollars in five
payments. We didn't want that particular property. We didn't want them to
carry on that activity there.
Commissioner Plummer: We don't want that property?
Mayor Suarez: But we want, and we have to carry out the activity of taking
care of the homeless somewhere, and this particular land is ours and they
would do that particular duty, and God knows how much time and effort they put
into it that they don't charge for, so, that is the concept.
Commissioner Plummer: It would seem at the least...
Mayor Suarez: It is not like we :are giving them anything that we don't
otherwise have to do anyhow.
Commissioner Plummer: It would seems to me the least that it would be a swap.
OK? A swap even to this extent.
Commissioner Dawkins: That 1s what Commissioner Dawkins said.
Commissioner Plummer: No that is not... Well, that is what he 1s proposing.
OK? But their property, you tell me, is a million three, and ours is a
million seven, and it would seem like, hey, you take my property, I get your
property. That is what it would seem like to me. Why is that not the case?
Hey, we are dealing with taxpayers' money.
Mr. Odio: We are doing... Yeah, that might be correct, but we are dealing
with a very serious social problem...
Commissioner Plummer: OK. Hey.
Mr. Odio: ... and we have given away... We have given grants of a million
dollars somewhere along the line.
Commissioner Plummer: I fully understand and commend Camillus House for the
job that they do. OK? But my friend...
Mr. Odio: This was not a business transaction. You are looking at it as...
Commissioner Plummer: It is a business transaction.
Mr. Odio: It is a social problem that we must deal with.
342 October 8, 1992
Mr. Odio: What about the grant to Miami Dade, and the grant to this and that?
Commissioner Plummer: Sir, we gave a grant of one million...
Mr. Odio: Is that a business transaction or a give-away?
Commissioner Plummer: ...dollars to Miami Dade, and I don't hold my head in
shame for one bit on it. I think it was money well spent. OK?
Mr. Odio: This is money well spent, Commissioner.
Vice Mayor Alonso: Well, I guess we could be here all night...
Commissioner Plummer: Well, I quit...
Vice Mayor Alonso: ... arguing about this point, so, let's hear from
Commissioner Dawkins.
Commissioner Dawkins: Also, Commissioner De Yurre, when you come back please
have contacted all of these do gooders who are interested in getting this
done, like the Knight Foundation and ask them what are they going to donate to
the Camillus House to get it done. Like the Ryder Foundation. What are they
going to contribute to get it... Because you see all these do gooders they
write to the Miami Herald and say the City of Miami is not doing nothing, but
they are not putting one dollar nowhere. The Chamber of Commerce is not
putting one dollar. All of these people you find out what they are going to
give, and also you make sure that you find out from Dr. Robert McCabe what
services they will give free to Camillus House at the Allied Service Health
Center, which is right there next to it. They teach allied health services.
They got a dental clinic there. They got an eye clinic there, and all of
these things... If Miami Dade just came up here and spoke up and said they
are in favor of this, put their money where their mouth is.
Vice Mayor Alonso: OK. If I may I...
Commissioner Plummer: Can I inquire before the next meeting please of the
Clerk, that as I recall, see how good my memory or how bad my memory is. The
last proposal with Camillus House on 19th Street, it was a swap of property.
They got that property, and we got their property. Would you bring me the
minutes...
Mr. Odio: No. We had to pay almost two million dollars.
Commissioner Plummer: If I am wrong I will stand corrected. I would ask the
Clerk to research the matter.
Mr. Odio: You are wrong. We had to pay two million dollars for their
property.
343 October 8, 1992
Vice Mayor Alonso: OK. I see you standing at the mike. I don't know what
else you can possibly add to what has been said tonight. The one... OK. I
would like to state my position. This is a very difficult situation. The
situation with the homeless in downtown Miami is a very painful one. One that
we all, either side, would like to see resolved. We have been talking about
the issue for the longest time. I know how painful it is for the people
making the decision up here to go one way or the other, because we have... We
realize we have good points on either side, and we know that both have the
best for the City of Miami at heart. But I think that time has come in which
we have to make a decision about what is happening with downtown, and for as
painful as it is going to be I am going to go and support the move of Camillus
House. I realize that going from 70 beds to 100 might not be the final
answer, but at least we are going into the right direction. I don't want
Camillus House to have exactly what they had in the past. I want it to be
different, a complete new facility. New Camillus House, that is what I
expect. That is what I am looking for, and that is going to be my vote of
support here tonight. I don't think that we are giving up our rights to the
property because they will have to come and acquire the property within 10
years. In the meantime, we will be responding to a moral responsibility that
we have in society. So I am going to be voting with the motion tonight, and
the reason I am doing it is for the sake of downtown. I have been saying that
downtown is our backyard. You people of downtown keep telling me it is my
front lawn. Either way I love it, and I want it to be the best, and I am
going to be working with you. Now, for the people of Allapattah, I respect
you and I realize that you are going through very difficult times. You have
shown those pictures today of garbage in a way that is insane, and I assume
that the City Manager is going to be looking at that immediately tomorrow, and
start working in that area immediately to resolve that situation. Also, I
think that at the same time that we are making this commitment to downtown
Miami, we should move very seriously towards Allapattah. To start doing the
things that Allapattah needs, deserves and demands. And I am going to be
working with all of you to see that you get the respect in this community that
you deserve, but what we will have to accomplish is we don't want another
Camillus House in your neighborhood, but we need to move ahead with the
problems that we are facing today in Miami. And it is expected of this
Commission to take a position, and to go ahead with that. So my vote is going
to be yes. Commissioner Dawkins.
Commissioner Dawkins: You know since there is a majority of three...
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Dawkins: Since there is a majority of three to move forward,
there is... And since I have said that I want this done, all I would be doing
is prolonging it and getting it done later. So, therefore, Mr. De Yurre, you
don't have to bring anything else back to me because it is already said that
they are going to do it. So, therefore, I would like for somebody up here,
anybody up here, make a motion. Since there is three votes up here. Show me
that you are sincere. Make a motion directing the City Manager and Brother
Harry to sit down and come back at the next meeting with the timetable of how
they are going to get this done.
Mayor Suarez: That is essentially the motion before us, I believe.
344 October 8, 1992
Commissioner Dawkins: No that was not the motion.
Vice Mayor Alonso: That...
Mayor Suarez: The timetable would be an additional...
Vice Mayor Alonso: Would you restate the motion?
Commissioner Dawkins: No. Wait a minute. Hold it up. Now, wait a minute
now. No, no, no. The motion was to give Commissioner De Yurre directions.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Yes it was.
Commissioner De Yurre: My motion was to approve the memorandum of
understanding that is before us here, and, of course, when we come back with a
final agreement it will be using this as a base for that agreement, and it
will...
Mayor Suarez: Why don't you add a timetable to comply with the
Commissioners...
Commissioner De Yurre: We will spell out all of the timetables and everything
that is needed for this situation.
Vice Mayor Alonso: How soon will it be back?
Commissioner Dawkins: Call the roll.
Commissioner De Yurre: I want to bring it back in November.
Mayor Suarez: Right.
Vice Mayor Alonso: November?
Commissioner De Yurre: The only meeting that we have in November.
Vice Mayor Alonso: It is one meeting in November. OK. So please call the
roll.
Commissioner Plummer: OK. I think... Just for everybody's edification, I
just asked of the City Attorney, and I think somebody better go away with some —
understanding, and that is that this City Commission cannot under any
circumstances guarantee change of zoning. So you better understand that. That that... You know there are more hurdles to jump through than just this
matter of money and the 100 people and others, that you are going to have to
go through a series of public hearings just as any zoning application...
Mayor Suarez: Yeah. That is understood.
Commissioner Plummer: ... would do, and there is no guarantee...
Mr. Odio: But they...
Commissioner Plummer: ... that that will pass.
345 October 8, 1992
Mr. Odio: They are aware of that.
Commissioner Plummer: Yeah. OK.
Vice Mayor Alonso: Yes. And also we understand there might be regulations
and fine points that we would like to see in place. Please call the roll.
Ah, Commissioner Dawkins.
Commissioner Dawkins: You know, here again we are playing games. All right.
Regardless of what the Zoning Board does or does not do, the final vote is
with the Commissioners. So if you... You said you are for this project. You
want this project to move forward in the event that the Planning or the Zoning
Board votes negatively, the three votes for it up here would vote for it so
what are we saying?
Vice Mayor Alonso: Well, we are saying we can place regulations to protect
the area. We can place regulations to have it to the benefit because not
every time we vote for a zoning change we don't place regulations to go with
it. That is exactly what we will be doing in this case.
Commissioner Plummer: Can't conditional...
Vice Mayor Alonso: Well will be adding.
Commissioner Plummer: Can't condition zoning.
Vice Mayor Alonso: Well, you can. We do it all the time.
Commissioner Plummer: If they volunteer a covenant.
Vice Mayor Alonso: Well, you will see it in effect if it is reasonable and
something that... We will see in place. We see it all the time. I am not
worried about that. OK. Any further comments? OK. Please call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 92-668
A MOTION ACCEPTING THE ADMINISTRATION'S RECOMMENDATION
TO ADOPT THE PROPOSED MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND THE BROTHERS OF THE GOOD SHEPHERD
(CAMILLUS HOUSE) CONCERNING RELOCATION OF CAMILLUS
HOUSE TO A NEW FACILITY ON CITY -OWNED LAND IN THE
VICINITY OF N.W. 12 AVENUE AND 19TH STREET (ADJACENT
TO THE VETERANS ADMINISTRATION HOSPITAL); FURTHER
DIRECTING THE ADMINISTRATION TO COME BACK AT THE
MEETING OF NOVEMBER 12TH WITH A NEGOTIATED MEMORANDUM
OF AGREEMENT WHICH WILL INCLUDE A TIME TABLE FOR
IMPLEMENTATION AND COMPLETION OF THE PROJECT FOR
CONSIDERATION BY THE CITY COMMISSION.
Upon being seconded by Mayor Suarez, the motion was passed and adopted
by the following vote:
346 October 8, 1992
AYES: Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Miller J, Dawkins
Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING THE ROLL CALL:
Commissioner Plummer: I have made my statements. I think the people of the
City are entitled to more. I vote no.
Commissioner Dawkins: If we were changing the property even to swap up, I
could vote yes, since we are not going to get anything for the property I vote
no.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Ladies and gentlemen as you exit, please let us get on to the
next item as quickly as we possibly can.
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: Yes.
Vice Mayor Alonso: We have representatives here...
Mayor Suarez: Mr. City Manager, sir, would you please assure that we have
order as the Commission chambers are cleared? Thank you, sir. —
Commissioner Plummer: Mr. Mayor, as I... Mr. Mayor... -
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Suarez: Please, sir. Please. Please, ma'am. Do you want to be
removed? Please have your arguments... Sir, have your arguments outside.
You are proving... Sir, you are proving that you are not reasonable if you
can't abide by the decision of this Commission. Please, outside. Come on.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Vice Mayor Alonso: Mr. Mayor.
Mayor Suarez: Yes. Please, Mariano. Mariano, please.
Commissioner Plummer: Mr. Mayor, as I formally stated to you I would like, at
the peril of now trying to get some money for the City, I have passed out to
each... Victor, I have passed out to each Commissioner...
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
347 October 8, 1992
Mayor Suarez: please, please. Wait a minute. Wait a minute. Ruben, please.
Please, Jackie.
Commissioner Plummer: Jackie and somebody.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Suarez: Please, please. We don't need a whole recap of... Mr.
Manager, next time instead of now recapping whatever took place, make sure
there is enough officers to clear the chambers. Please!
76. (A) ACCEPT, IN PRINCIPLE, PROPOSAL BY AT&T COMMUNICATIONS, INC., TO
SPONSOR THE AMPHITHEATER IN MILDRED AND CLAUDE PEPPER BAYFRONT PARK
AT A COST OF $1,000,000, PAYABLE TO BAYFRONT PARK MANAGEMENT TRUST,
OVER 5-YEAR PERIOD.
(B) ACCEPT, IN PRINCIPLE, EXECUTION OF AGREEMENT WITH RAY SINGERMAN --
TO COMPENSATE HIM FOR SERVICES AS A CONSULTANT.
Commissioner Plummer: Mr. Mayor?
Mayor Suarez: Yes.
Commissioner Plummer: I am happy to announce to you, sir, that I have
presented to each and every one of you two documents relating to Bayfront
Park. There has been a very serious and ongoing negotiation with AT&T
relating to a sponsorship for a five year period, relating primarily to the
amphitheater. That sponsorship is worth to this City exactly $1,000,000 over
a period of five years.
Mayor Suarez: All right, sir. Is there any negative consequences of this?
Are any Commissioners concerned about this sponsorship?
Commissioner Plummer: All right. Mr. Mayor, let me please give you all of
the background...
Mayor Suarez: Any antitrust implications of the fact that we're kind of
involved with one major utility? I would think not.
Commissioner Plummer: Mr... Please let me go on.
Mayor Suarez: But I'm trying to preempt.
Commissioner Plummer: I've got to put it on the record.
Mayor Suarez: Sir, we've got other agenda items.
Commissioner Plummer: Sir, I don't want you to come back...
Mayor Suarez: And this may be non -controversial. I mean, if somebody wants
to contribute $1,000,000 to maintain one of our parks, it sounds to me like
something we could take very quick action on.
348 October 8, 1992
0
Commissioner Plummer: Don't... But don't put me in a position,
where you come back later and say, "You didn't tell me."
Mayor Suarez: Do we ever do that to you?
Commissioner Plummer: Well, that's what you might be trying to do now.
Mayor Suarez: No. Not at all.
Commissioner Plummer:
there are two documents...
Mayor Suarez: I mean, I'm trying to
have any concerns or objections but...
of the Commissioners
Commissioner Plummer: Al right. There is... There are presently two
documents before you and there is a third document that is not. The two
documents you have are: one, accepting in principle the offer of AT&T for the
five year period. The second document which is given to you is a document of
understanding with Rick Singerman, who worked as a marketing consultant for
the trust, to bring about AT&T to the table, for Bayfront Park. This
document, the second document, is the monetary consideration that he will
receive, if this is approved, for bringing that about. It is for an amount of
$32,500 per year for five years. If this contract be extended for an
additional five years, he would receive for that additional five years $32,500
or 15 percent which is ever the lesser fee. The lesser fee. Now, we do not
have the document from AT&T which basically does in fact parallel these
documents. I would ask this Commission tonight, if you are so inclined to
approve these two documents, which one of them calls for, that the City
Attorney, the City Manager and a City Commissioner will have the authority to
review the document from AT&T and at the discretion of the City Attorney, that
is satisfied with that document, it would be approved. The problem is very
simple. If this matter is not resolved this evening, because of the delays
not incurred by us but by the hurricane and other acts of God or nature, the
AT&T internally will lose the money. I offer to my Commissioners these two
documents. I would try to answer any questions that you have relating to
these two documents. And then if it's in order, I would ask that a motion of
principle... accepting in principle, be entered into by this Commission.
Commissioner De Yurre: I just have a couple of quick questions.
Commissioner Plummer: Sure. I'll try to answer them for you.
Commissioner De Yurre: These... This thirty-two plus per year...
Commissioner Plummer: Yes. sir.
Commissioner De Yurre: He has to do nothing else for
collect a check? Or does have to perform any additional...
Commissioner Plummer:
Commissioner De Yurre:
Commissioner Plummer: As it matter of fact, his... he had a Contract with the
trust... And, Rick, you come up to the mike in case there's anything I say
that you want to correct. He has for the past year been on a retainer and had
office space at the gayfront Park, but under this he will not have a retainer
from this point forward. He will not be on a retainer with the trust and he
has no obligations of any kind, other than I'm sure he would try to bring
others to the table for a fee, as he was here.
Commissioner De Yurre: OK. Then we're saying that what about at the end of
this five year period? Does he have to do anything to get that extension?
Does he have to...
Commissioner Plummer: No, sir.
Commissioner De Yurre: ...earn that second five years?
Commissioner Plummer: No, sir. If in fact this is extended for an additional
five years, he would pick up either thirty-two five or 15 percent, whichever
figure is the lesser.
Commissioner De Yurre: If he's alive.
Commissioner Plummer: No. It goes on to say...
Commissioner De Yurre: Well, that's...
Commissioner Plummer: ...to his executors, heirs or assigns. OK? Let me say
this in his defense. The original agreement with Rick was for 20 percent.
Under this...
Commissioner De Yurre: Now, who made that kind of deal?
Commissioner Plummer: Excuse me?
Commissioner De Yurre: Who made that kind of deal?
Unidentified Speaker: That's what the average advertising...
Commissioner Plummer: The trust. OK? That's what the average marketing
consulting would make. Now, under that arrangement, instead of roughly a
hundred and... What is it? One seventy five? He would have got two hundred
thousand. He has come down, on his own, to this number.
Mr. Rick Singerman: Commissioner, if I might interject...
Commissioner Plummer: Please.
Mr. Singerman: As well... I think everyone needs to know that because I was
paid a very tow retainer...
Commissioner De Yurre: How much was that?
Mr. Singerman: One thousand dollars per month, sir. I was offered a 20
percent commission for the life of any deal that was brought to the table.
350 October 8, 1992
Which means, theoretically, and I hope it does happen, AT&T could be there for
35 or 40 or 50 years like a Texaco sponsorship at the opera. Theoretically, I
was entitled to 20 percent forever. And the arrangement that we've worked out
is...
Commissioner Plummer: Also, for the Commission's edification, there is no
automatic renewal other than AT&T would have first right of refusal. And it
doesn't mean that it can't be renegotiated up or down.
Mayor Suarez: I didn't know anything about any Commission. I'm sorry. I
have to really get into this before I would agree to anything like this. I've
never heard of the City ever doing anything quite like this, J.L.
Commissioner Plummer: I have, Mr. Mayor. We have tried it at Marine Stadium.
We tried for a marketing consultant. We never got to first base. We tried
for promoters at the Marine Stadium, the Manager will recall.
Mayor Suarez: How does it... Maybe I just missed something. But how does it
work? You were inquiring and I...
Commissioner De Yurre: Well, basically, I just wanted to know if he had to
perform anything else in order to secure the monies that we're talking about
here.
Commissioner Plummer: No, sir. He only has to show up within seven days...
Commissioner De Yurre: Yeah.
Commissioner Plummer: ...after we receive the money to get his check.
Commissioner De Yurre: And, you know, my concern... First of a11, I never
would have approved this kind of 20 percent deal. However, there are two
things that are overwhelming as far as my decision. One is that a commitment
was made and he performed based on that commitment.
Commissioner Plummer: That's correct, sir.
Commissioner De Yurre: Whether it's a good deal or not, we have to live with
It. Number two, if he gets 15 percent, we're getting 85 percent. Eighty-five
percent of something beats the hell out of 85 percent or 100 percent of
nothing.
Mayor Suarez: The payment we're talking about would be a payment directly
from...
Commissioner Plummer: AT&T will make two payments a year of $100,000 each.
Mayor Suarez: But we have absolutely no commitments to this gentleman, do we?
Commissioner Plummer: We have a commitment of a flow -through money of thirty-
two five a year. Yes, sir.
Mayor Suarez: Why do we have to flow through anything? Why...
351 October 8, 1992
Commissioner Dawkins: Because this is nothing more than a finder's fee.
Commissioner Plummer: Yeah.
Commissioner Dawkins, The gentleman found a million dollars for us and for
finding the million dollars the gentleman's fee, finder's fee, is "X" dollars.
Mayor Suarez: So, why doesn't ATAT pay him directly?
Commissioner Plummer: They refuse to do it, Mr. Mayor. I don't know why.
They did not want to get involved.
Mayor Suarez: For tax reasons maybe or... For tax reasons maybe?
Commissioner Plummer: See, their agreement was not with Rick. Their
agreement was with the trust.
Mr. Singerman: Mr. Mayor, If I...
Commissioner Plummer: OK?
Mr. Singerman: Mr. Mayor, if I might. First of all, for the record, I am
Rick Singerman. I was a consultant to the trust with the designated job to
find a corporate sponsor, a very good corporate sponsor, for the amphitheater.
I had very specific duties and that's what I was retained to do, sir. So...
Commissioner Plummer: Mr. Mayor, also for the record, there were other things
that he did through the year which he did derive a commission therefrom.
Mr. Singerman: Yes, sir.
Commissioner Plummer: One of them happened to be a $42,000 figure with AT&T
and he got 20 percent of that. Now... You know, Mr. Mayor...
Mayor Suarez: What do you need today from us? I mean, the basic idea that...
Commissioner Plummer: We need to accept these two documents in principle.
Mayor Suarez: Why today? Why couldn't we take time to...
Commissioner Plummer: Because AT&T has said internally, if this is not
approved, that there are chances of losing this money - internally.
Mayor Suarez: What does that mean?
Commissioner Plummer: Internally. Their corporate headquarters will take
this money and reallocate it somewhere else. This comes out of the Atlanta
office and New Jersey office.
Mayor Suarez: Well, we talk to the higher-ups in AT&T. I mean, I don't...
That doesn't... I'm sorry. .
Commissioner Plummer: Well... OK.
' 352 October 8, 1992
1
1
Mayor Suarez: I'm not ready to vote favorably on this at all.
Commissioner Dawkins: All right moved. I second.
Commissioner Plummer: What...
Commissioner Dawkins: You moved that, right?
Commissioner Plummer: Sir, I will move that we accept, in principle, both
documents.
Commissioner Dawkins: I second. Let's go. It's 9:00.
Commissioner Plummer: OK? Now remember, there's still the zinger in here
that when AUT's document comes forth that there's a City Attorney, City
Manager, and I'm assuming you're going to appoint me as the Commissioner...
Commissioner Dawkins: What else?
Commissioner Plummer: OK. ...that this in fact would be subject to their
approval and ratification before it becomes law.
Commissioner Dawkins: That's your motion?
Vice Mayor Alonso: So, actually we are voting...
Commissioner Plummer: That would be my motion.
A. Quinn Jones III, Esq. (City Attorney): You need two separate motions.
You've.got two separate documents.
Commissioner Plummer: OK. We need...
Mayor Suarez: I'm not invoking the rule. I mean, I respect that you've acted
in good faith and you want us to have as much...
Commissioner Plummer: Mr. Mayor, I did not want to bring...
Mayor Suarez: ..opportunity to... Right.
Commissioner Plummer: ...a million dollar deal to the table as a pocket
item...
Mayor Suarez: That's why I said I'm not invoking the rule.
Commissioner Plummer: ...until I was told the chance of losing it.
Mayor Suarez: I know you've acted in good faith and I know that we're going
to have a shot at looking at the fine print. But I... In principle, I'm not
ready to vote favorably.
Commissioner Plummer: Excuse me. Just for your edification.
Mayor Suarez: But that's just one vote.
353
October 8, 1992
Commissioner Plummer: Should this pass, I will definitely forward to each one
of you the contract from AT&T. The first one would be CAT THIS POINT,
COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE RECORD.] I so move.
Commissioner De Yurre: Second.
Vice Mayor Alonso: Eight street and seventy...
Commissioner Plummer: I so move. OK?
Commissioner De Yurre: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-669
A RESOLUTION ACCEPTING, IN PRINCIPLE, THE PROPOSAL OF
AT&T COMMUNICATIONS, INC., ("AT&T") TO SPONSOR THE
AMPHITHEATER AT THE MILDRED AND CLAUDE PEPPER BAYFRONT
PARK ("PARK"), IN A PROPOSED AMOUNT OF $1,000,000
PAYABLE TO THE BAYFRONT PARK MANAGEMENT TRUST
("TRUST") IN TEN (10) SEMIANNUAL PAYMENTS, PLUS
ADDITIONAL "IN -KIND" SERVICES AND INCOME, AS HEREIN
DESCRIBED; AUTHORIZING THE CITY MANAGER, THE CITY
ATTORNEY, AND A CITY COMMISSIONER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
NOES: Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Alonso: I have to vote no. I'm not ready to make a decision
tonight.
354 October 8, 1992
4
x
Commissioner De Yurre: Eased on J.L.'s recommendation, it's an emergency. T
vote yes.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: [AT THIS POINT, COMMISSIONER PLUMMER READ THE
RESOLUTION INTO THE RECORD.] I'm changing the word, Mr. City Attorney. I so
move.
Commissioner De Yurre: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-670
A RESOLUTION, WITH ATTACHMENT, ACCEPTING IN PRINCIPLE
THE BAYFRONT PARK MANAGEMENT TRUST'S (THE "TRUST")
EXECUTION OF AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH RICHARD SINGERMAN (THE
"CONSULTANT") TO COMPENSATE SAID CONSULTANT FOR
SERVICES RENDERED THE TRUST IN THE PROCUREMENT OF A
SPONSORSHIP AGREEMENT (THE "SPONSORSHIP AGREEMENT")
BETWEEN AT&T COMMUNICATIONS, INC. ("AT&T") AND THE
TRUST, FOR AN INITIAL TERM COMMENCING ON THE EFFECTIVE
DATE OF THE SPONSORSHIP AGREEMENT FOR AN ANNUAL AMOUNT
NOT TO EXCEED $32,500, AND IF THE SPONSORSHIP
AGREEMENT IS EXTENDED, SAID INITIAL TERM SHALL BE
EXTENDED FOR AN ADDITIONAL PERIOD NOT TO EXCEED FIVE
(5) YEARS, DUSHALL RECEIVE
THE LESSER OFRING AN ANNUAL AMOUNTWHICH THEONNOTTTOT EXCEED $32,500
OR FIFTEEN PERCENT (15%) OF THE ANNUAL SPONSORSHIP
CASH PAYMENT RECEIVED BY THE TRUST FROM AT&T PURSUANT
TO THE SPONSORSHIP AGREEMENT; ALLOCATING FUNDS
THEREFOR FROM THE PROCEEDS DERIVED FROM THE
IMPLEMENTATION OF THE SPONSORSHIP AGREEMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
NOES: Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
ABSENT: None.
355 October 8, 1992
i
a
5
Mayor Suarez: 'that's it?
Commissioner Plummer. Yes, sir.
Mayor Suarez: All right.
Mr. Odio: Mr. Mayor?
Commissioner Plummer: Now, as soon as this document is signed and we get the
check, I have received and fulfilled my commitment, putting the Bayfront Park
in black ink, and I will resign. No, no. I told you the minute I got...
Mayor Suarez: We'll wait until we get to that point.
Commissioner Plummer: ...that park in black ink I was resigning.
Mayor Suarez: We'll wait until we get to that. You may not discuss that
tonight. All right?
Vice Mayor Alonso: Yeah. We told you this was for life.
Mr. Odio: Mr. Mayor?
-----------------------------------------------------------------------------
77.(A) DIRECT MANAGER TO APPROVE FUNDING: (a) ECONOMIC DEVELOPMENT
COMMUNITY BASED ORGANIZATIONS, AND (b) COMMUNITY DEVELOPMENT
CORPORATIONS,
NTER, INC., AND L(b)NKIDCOt, YEAR CDB
INC. ATFANDING �
FUNDING LEVEL FOONE-TWELFTHSTOS SENIOR
OF BUDGETED AMOUNT.
(B) DIRECT MANAGER TO FUND THE GRE
A1992
T)SCAYNE BOULEVARD CHAMBER OF
COMMERCE(JULY THROUGH OCTOBER
Mayor Suarez: Mr. Manager...
Mr. Odio: May I...
Mayor Suarez: We have four items that have to do with Community Development
Block Grant funding.
Mr. Cesar now,
(City
weapprovethenuld four uforsonehat if twelfthandcome on back
to call
it quits now, PP
November...
Commissioner Plummer: So move.
Mayor Suarez: Ladies and gentleman, I know that many of you would like this
resolved...
Commissioner Plummer: I will when approve it.
356 October 8, 1992
Mayor Suarez, ...one way or the other. The Northeast folks particularly have
an ongoing battle. Ma'am, please have a seat. I'm not going to be really
nice today to anybody who tries to take over the Commission meeting after what
we just went through. All right? I would suggest, in the case of.., in your
case, that we fund you but we're going to take that as a separate vote. Let's
do... What I suggest we do... The ones that do not involve the Greater
Biscayne Boulevard Chamber of Commerce and I'm going to be prepared after
that...
Vice Mayor Alonso: This we will listen.
Mayor Suarez: ...to vote favorably to funding you partially. And I know I'm
going to have to hear from some people against that but I don't know any other
way of doing it. But I am also inclined, if the Commission wants to, to go
with the motion as to all the other CBOs (Community Based Organizations),
whatever item that is here...
Mr. Odio: That's...
Mayor Suarez: ...for one -twelfth funding.
Mr. Odio: You can take the four items for one -twelfth at one time.
Mayor Suarez: OK.
Commissioner Dawkins: What now?
Mayor Suarez: With...
Vice Mayor Alonso: I second.
Mr. Odio: You can take 54, Item 56, 57 and 58 to fund them for one -twelfth
and then bring...
Mayor Suarez: We give one -twelfth funding.
Commissioner Plummer: So, I moved it.
Vice Mayor Alonso: Yeah. And I second.
Mr. Odio: Wait a minute. He's asking me.
f
Mayor Suarez: And I'm clarifying...
Commissioner Plummer: Oh, I'm sorry.
Mayor Suarez: ...that we're talking about all except Greater Biscayne...
Mr. Odio: So you can take...
Mayor Suarez: ...just so we hear, at least briefly, on that issue before we
lose a...
Commissioner Dawkins: Call the roll.
357
October 8, 1992
Mayor Suarez: ...majority of the Commission on that. So as to... What are
the items again?
Mr. Odio: Fifty-five, fifty-six, fifty-seven and fifty-eight.
Mayor Suarez: All right. All except Greater Biscayne Chamber. Call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-671
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
OCTOBER 11 THROUGH OCTOBER 31, 1992, WITH THIRTEEN
(13) NEIGHBORHOOD ECONOMIC DEVELOPMENT COMMUNITY BASED
ORGANIZATIONS ("CBOS") TO IMPLEMENT ECONOMIC
DEVELOPMENT PROGRAMS AND NINE (9) NEIGHBORHOOD BASED
HOUSING COMMUNITY DEVELOPMENT CORPORATIONS ("CDCS"),
TO STIMULATE HOUSING AFFORDABLE TO LOW AND MODERATE
INCOME FAMILIES AND INDIVIDUALS IN THE CITY OF MIAMI;
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO
EXISTING 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 31, 1992, WITH
KIDCO CHILD CARE, INC. ("KIDCO") FOR THE OPERATION OF
A CHILD CARE PROJECT, AND WITH DeHOSTOS SENIOR CENTER
("DeHOSTOS"), FOR THE OPERATION OF AN ELDERLY CARE
PROJECT, BOTH LOCATED IN THE WYNWOOD TARGET AREA;
ALLOCATING FUNDS THEREFOR FROM THE EIGHTEENTH (18TH)
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES:
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
358 October 8, 1992
r�
U' 1 2
x. y ,
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Good-bye. ADIOS.
Mayor Suarez: As to Greater Biscayne Chamber...
Vice Mayor Alonso: Yeah...
Commissioner Dawkins: One -twelfth.
Commissioner Plummer: What?
Mayor Suarez: Do you move one -twelfth Commissioner? I'm just waiting among
my Commissioners to see how they want to try to handle this. We would take
short statements, two minute statements from both sides. But I need a motion
first.
Commissioner De Yurre: I move to give the balance. Let's quit playing this
game. You know, we're almost into the halfway point of the year.
Mayor Suarez: OK. But this is as to Greater Biscayne Chamber which has not
been funded, I think, since the beginning of the CD (Community Development)
year.
Dr. Joan Lutton: Since July. Yeah.
Mayor Suarez: Which would have been July...
Frank Castaneda: July 1st.
Mayor Suarez: First or thirtieth?
Dr. Lutton: First.
Mayor Suarez: First. OK. Quick two minute statement why we should or
shouldn't give them at least a portion of their funding.
Dr. Lutton: OK. We feel like you should give us at least a three months
funding because...
Mayor Suarez: Name doctor.
Dr. Lutton: Oh, I'm sorry. Dr. Joan Lutton, 592 N.E. 60th Street is my
business. I'm a past president of the Chamber. We were denied our funding
based on things that happened 18 months ago and since that time we had a new
director, we had a new president and we have been going forward with a lot of
good things. We have right now, tonight, to present to you our market study
report. We're acting on it. We had a seminar. We had a motel thing. We're
going forward and we're doing a better job than we've ever done. If you look
at us and compare us then with some of the other CBOs that continue to be
funded... And Mr. Castaneda will attest to this. We have consistently done
all of our reports on time and had fiscally a very good thing. We've funded
ourselves for the past three months but it's very difficult to continue to do
this. All we ask is the same consideration that you've given to the other
359 October 8, 1992
�N f
C80s. We were faced with lies and accusations that were not true and personal
attacks on people that have nothing do to with the Chamber, only to do with
personal vendettas.
Unidentified Speaker: ...has to show our supporters.
Dr. Lutton: Yeah. We have all those supporters standing over there.
Mayor Suarez: All right. All the people who support the position just stated
by Dr. Lutton.
Dr. Lutton: Raise your hands, guys. Wave. Thank you.
Vice Mayor Alonso: The neighborhood...
Mayor Suarez: I think only the housing coop. I think.
Vice Mayor Alonso: We have to listen... for two months... ceiling
situation...
Mayor Suarez: I'm sorry. Who is going to speak against? Judy?
Vice Mayor Alonso: This is serious and then they will have to come back on
the 21st.
Mayor Suarez: By the way, I got a letter today, Madam City Clerk. I had to
track it down from one of the Homeowners Associations or Task Force Members,
basically saying that the position that Judy and/or Janet Clark are taking do
not represent those of the task force, but that letter should be introduced
into the record as soon as I can track it down. I forget the association
member that sent it, or the task force member. Bayside, I believe.
Ms. Judy Clark: Judy Clark, 5930 N. Bayshore Drive. First of all, Miller, I
wanted to thank you and Mayor Suarez for your participation in our candlelight
tour last night. Thanks. First of all, I'm very... kind of surprised that
you're... that you actually suggested that we should now refund this
particular group when we have not done this for some time.
Mayor Suarez: Well, I can't tell you that I've stayed up all night to
formulate that.
Ms. Clark: Well, it just surprised me that you said such a thing. I would...
Mayor Suarez: It's just sort of a... the end of a long day. And they have
not done anything, that I know of...
Ms. Clark: In it... It is a long day.
Mayor Suarez: They haven't done anything like illegal or anything. They
haven't stole any money.
Ms. Clark: Maintaining the status... Well...
Mayor Suarez: So, I'm trying to make a decision that...
360 October 8, 1992
Ms. Clark: Maintaining the status quo would have been quite sufficient.
However, let me go over the issues again. First of a11, whose money is it?
It is the taxpayers money. It is funding through guidelines directed by HUD
(Housing and Urban Development). This particular organization has not yet
ever met the national objectives. They are... Yes, it's true, Joan. It has
not met national objectives. It has been sited by HUD for not meeting
national objectives. The dollars are specifically sited by HUD not to be used
for salaries but to be used for projects. There are many different ways...
Mayor Suarez: Wait a minute.
Ms. Clark: ...to do these things.
Mayor Suarez: Please. All right.
Ms. Clark: The HUD program itself is a physical development program. That is
what we would hope to have and what I asked you in the first place many, many
months ago was to place the money into a capital improvement fund for the good
of the community as a whole. I have never had any objection to a chamber of
commerce, provided that chamber of commerce is funded by its own dues and
membership and maintains its status as a chamber of commerce.
Mayor Suarez: I'll tell you what. From my perspective, if they don't... If
this vote passes - partial funding, or full funding, or any funding - and they
don't get something built - something bricks and mortar, something you can
feel, by...
Ms. Clark: I think that...
Mayor Suarez: Wait, wait. By the end of the funding cycle year, that's it
for me. I mean, they've got to... Like you said... I mean, it's not a
matter of permission as much as omission. They've got to get something
fixed... built... done.
Unidentified Speaker: We built a damn mini -station.
Ms. Clark: What you are talking about, once again, is...
Mayor Suarez: Other than moving a phone or not moving a phone, et cetera.
Unidentified Speaker: That's what you need to pass on.
Unidentified Speaker: Pass that on to the Mayor.
Ms. Clark: What you're talking about is, once again, funding an organization
and that includes the salaries that are involved. And what I have asked you
to do and I ask you again tonight - put the money into our community.
Unidentified Speaker: There's only three up there.
Ms. Clark: If there is not a specific project on the table, in front of you,
that involves bricks and mortars, don't fund it. Put the money into the
community. This is not a lot to ask. These are my tax dollars. I would
361 October 8, 1992
rather not see them be spent on a salary basis but instead put into an
individual project that we can see. You've spent $243,000, Mayor Suarez. It
isn't like you're spending a twelfth of anything, at this point. You have
already spent $243,000,
Mayor Suarez: Do you know what's difficult, frankly, with that $243,000 which
has been over, probably...
Ms. Clark: Five years.
Mayor Suarez: ...five years or something? It's difficult to tell what might
have happened at Biscayne Boulevard if we hadn't had this group at least out
there doing something.
Unidentified Speaker: Amen.
Mayor Suarez: Now, I'm not saying that you can measure very easily the
concrete things that they've done. But I shudder to think what might have
happened if there hadn't been any group out there. That's one other way to
look at it, anyhow.
Ms. Clark: Please. In the last two years... I'll tell you what's happened in
the last two years, through the Northeast Task Force. You have a bona fide
project that will remove two motels on the Boulevard and take a block of
property. This 1s bricks and mortar. This is a viable project. We're doing
it on a volunteer basis. There are no salary fundings asked for, nor
received. We ask only that you fund a specific project. Also, through the
Northeast Task Force, we put out a calendar that touted our area. It was a
marketing device. It continues. We've done it for two or three years
already. These are things that we're doing on a volunteer basis. We don't
ask you for a salary to do these things and yet they are, in fact,
accomplished. They are done deals. You can see them. You know what's
happening with that. What we're asking you for is to consider this: if you
feel that you want a chamber there, let there be a chamber. It should be
funded by its membership. The original purpose of this particular group,
anyway, was for one year of seed money.
Mayor Suarez: OK.
Ms. Clark: That was the original purpose.
Unidentified Speaker: Mr. Mayor, that's...
Mayor Suarez: All right. We've...
Unidentified Speaker: Two minutes.
Mayor Suarez: Yeah. We don't...
Ms. Clark: Let me just finish with my suggestions.
Mayor Suarez: ...need you as a timekeeper. We, certainly, have heard her
side. I think we're inclined to vote your way, why must you overdo it? All
right. Thank you, Ms. Clark.
362 October 8, 1992
Ms. Clark: I...
Mayor Suarez: We've got to vote folks.
Vice Mayor Alonso: Yes. I'm willing to make a motion.
Unidentified Speaker: He said he's going to vote to wait. So, don't....
Vice Mayor Alonso: I think that we should include them. I feel that we have
not given an opportunity tonight to have the ample opportunity. I think we v
should include them this time and then be certain that we take this item ample
opportunity. The vote tonight is not an indication of whatever we're going to
do in the next Commission meeting. But I also feel that it's unfair. They've
been coming here. They haven't had an opportunity. And I think that on the
basis of that, I'm willing to move.
Mayor Suarez: And Mr. Manager...
Ms. Clark: You do...
Mayor Suarez: ...would you make sure this matter gets scheduled...
Mr. Odio: Yes.
Mayor Suarez: ...a little bit earlier on in the agenda. In fact, it should
be the first matter because...
Commissioner Plummer: What is the motion?
Vice Mayor Alonso: To approve the...
Mayor Suarez: The motion is to fund them from the beginning of July, I guess,
until the next Commission meeting which would be... I guess, through the end
of October. That would be July, August, September, October is that a fair...
One third of the year, Madam Vice Mayor?
Commissioner Plummer: August, September, October...
Vice Mayor Alonso: It will be August...
Unidentified Speaker: It started July. It started July 1.
Commissioner Plummer: Three months?
Vice Mayor Alonso: What? Three months.
Unidentified Speaker: The new year's...
Mayor Suarez: If it's July 1, it would be four through the end of October.
Ms. Clark: Mayor Suarez, first of all...
363 October 8, 1992
�M y
I
Mayor Suarez: Please, please. Now, please have a seat. We have heard you
many times. I have listened to your arguments.
Ms. Clark: I... Let me...
Vice Mayor Alonso: I agree they have valid points but...
Mayor Suarez: You are not now being recognized. Why is it so tough...
Ms. Clark: No, it isn't... I wanted to speak for someone else who's not
here.
Mayor Suarez: ...for people to realize that we have certain procedures. If
this was a court there would be a lot of people who would be held in contempt
today. Please, have a seat. Please.
Commissioner Plummer: Starting with the Mayor.
Mayor Suarez: Now, we're... Everybody. You can all have a seat in fact.
Thank you. Bob, I've known you for many years. You're a great guy. You're a
great organizer of the community. Many of you are. I don't mean to be
unpleasant to any of you but we've got to have some order here. And I've got
a couple of Commissioners that are hinting that we've got one other item
that's an emergency item out there, that are not on the agenda, but we've got
to hear them. And...
Commissioner Plummer: Is it worth a million dollars?
Mayor Suarez: We've got number 60 which is on the agenda, and you're entitled
to have us hear you. All right. Please.
Commissioner Plummer: Mr. Mayor, may I just make...
Mayor Suarez: How many months did... Let me just clarify the motion. How
many months did you...
Commissioner Plummer: Three months. Right?
Vice Mayor Alonso: Three months is what I...
Commissioner Plummer: I second the motion.
Mayor Suarez: All right. Four months...
Commissioner Plummer: OK?
Vice Mayor Alonso: Four.
Mayor Suarez: ...would give them to the October.
Commissioner Plummer: Go up five... four months.
Mayor Suarez: All right. One third of the year.
364 October 8, 1992
Mayor Suarez: Yes, sir.
Commissioner Plummer: In my 21 years of sitting here... And I'm speaking to
both sides. OK? You're tearing yourself down. You both are. I have seen it
in this happening before, where two groups in a given community are fighting
each other, and you both wind up losing. Now, you're big people. You're
adults and I can't understand why you all can't sit down together and work
your problems out. Negotiation is the spirit of compromise. You might not
agree with them and they might not agree with you. But there should be
somewhere a middle ground. And I'm speaking to both sides and I want to tell
you something - the spirit of compromise has got to prevail or you're both
going to lose. Because I'm not going to sit up here and continue to see my
money be given to either side and not feel that my money 1s getting its
dollars worth. So, I'm saying to you... My father used to tell me, "Never
lock a door so tight that you can't reopen it." And that it's a mean man who
won't compromise. I'm telling both of you when you come back here, there
better be some area of compromise or I'm not voting for either one of you.
Don't destroy both sides by not getting together.
Mayor Suarez: All right. Moved. That's a second, I gather, Commissioner
Plummer. Call the roll .
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-672
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACTUAL AGREEMENT IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE GREATER
BISCAYNE BOULEVARD CHAMBER OF COMMERCE, IN AN AMOUNT
NOT TO EXCEED $16,713, TO CONTINUE IMPLEMENTING
ECONOMIC DEVELOPMENT PROGRAMS, WITH FUNDS THEREFOR
BEING ALLOCATED FROM THE EIGHTEENTH (18TH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
COMMENTS MADE DURING ROLL CALL:
365
October 8, 1992
KIM
Commissioner Plummer: I hold the Mayor in contempt for using my name on the
second of a motion. But I vote yes. Are we gone?
Unidentified Speaker: Thank you.
------_------------------------------------------------------
78. PERSONAL APPEARANCE BY REPRESENTATIVES OF MODEL HOUSING COOPERATIVE,
INC. FOR A GRANT TO CONVERT INTO COOPERATIVE OWNERS THE TENANTS AT 118-
1126 N.W. 5TH STREET -- REFER TO MANAGER FOR RECOMMENDATION AT THE
OCTOBER 22NO COMMISSION MEETING.
------------------------------------------------------------------------------
Mayor Suarez: Item 60. Do we have any controversy on this? May I assume
that we do not?
Vice Mayor Alonso: I don't even know any more.
Mayor Suarez: That... The housing cooperative.
Commissioner Plummer: Move it.
Vice Mayor Alonso: Second.
Mayor Suarez: Moved and seconded. Is it recommended by the Manager...
Vice Mayor Alonso: It is.
Mayor Suarez: ...and by the staff of the Citv?
Commissioner Plummer: And if it wasn't, it wouldn't...
Mayor Suarez: And is there anything about it that we should be concerned
about?
Commissioner Plummer: If it wasn't, it shouldn't be on the agenda.
Vice Mayor Alonso: It is. Yes, 1t was on the agenda.
Mayor Suarez: Jeff? Mr. Director? Are we on safe...
=i
Mr. Jeff Hepburn: Assistant.
Mayor Suarez: ...grounds here, sir.
Mr. Hepburn: I don't have a recommendation at this point.
Mayor Suarez: You don't have a recommendation at this point?
Commissioner Plummer: Well what's it doing on the agenda?
Mr. Hepburn: It's a personal appearance.
366 October 8, 1992
Mr. Cesar Odio (City Manager): It was asked to be placed...
Mayor Suarez: And why are we not...
Vice Mayor Alonso: Well, let's do this. Then we send it to you with a strong
recommendation for approval and come...
Mayor Suarez: Yeah. It's got to be subject to your recommendation.
Mr. Hepburn: Yeah.
Vice Mayor Alonso: ...for your final recommendation in the next Commission
meeting.
Mr. Hepburn: I've met with him about two months ago but he's... You know, he
hasn't been cooperative in terms of providing information about the project...
OK?
Vice Mayor Alonso: He will bring the information to you. So...
Mayor Suarez: No, what we're going to do is we're going to put you on the
agenda right for the 22nd with a strong recommendation and...
Vice Mayor Alonso: For approval.
Mayor Suarez: ...start meetings tomorrow morning at 9:00 a.m. with this man.
Mr. Hepburn: I'm on vacation.
Mayor Suarez: No, no.
Vice Mayor Alonso: Ohl No way.
Mayor Suarez: Well, who is the assistant? Who can meet with him? Who is
your assistant, Jeff, that can meet with them tomorrow.
Mr. Hepburn: I can have Alfredo Duran meet with them.
Mayor Suarez: Alfredo Duran. That sounds like a well-known name.
Commissioner Plummer: Senior or junior?
Mayor Suarez: All right. With Alfredo, tomorrow at 9:00 a.m.
Vice Mayor Alonso: Junior. One of them.
Mayor Suarez: Mr. Manager, can we be assured of that so he doesn't think that
we're... All right. For the 22nd and then we'll make a final decision. OK?
We don't need to move on that because it's a personal appearance.
Vice Mayor Alonso: Yeah. We send it with a strong recommendation for
approval. Yes.
367 October 8, 1992
Mayor Suarez: Right. And then finally, the item...
Commissioner Plummer: And you should learn the word cooperation.
Mayor Suarez: Right. OK.
Vice Mayor Alonso: Give it to them.
Mayor Suarez: We certainly have tried to work with you and this is an
opportunity. Right. Well, we're... I think we're on your side.
Vice Mayor Alonso: Yes, we are.
79. DISCUSSION CONCERNING SERIOUS PROBLEMS OF CIVIL UNREST AT 7374 N.W. 74TH
AVENUE -- COMMISSION DIRECTS ADMINISTRATION TO TAKE IMMEDIATE ACTION.
Vice Mayor Alonso: What was the matter that you had that was an emergency?
Vice Mayor Alonso: Well, I'd like to recognize representatives of the area of
8th Street S.W. and 74th Avenue. Ed Blanco is also here? He's our NET
(Neighborhood Enforcement Team) administrator. We met with neighborhood.
They're having all kinds of problems. They're business people...
Mayor Suarez: Is it 74th or just a little bit closer in?
Commissioner Plummer: Seventy -forth Avenue is out of the City.
Vice Mayor Alonso: No, no. It is City of Miami.
Mr. Pedro Regalado: No, it's not.
Vice Mayor Alonso: Very much City of Miami.
Mayor Suarez: It's barely in there.
Mr. Ed Blanco: No, sir. It's in the City.
Mayor Suarez: Barely, barely in there.
Vice Mayor Alonso: Yes.
Mr. Regalado: It's the end of the City.
Mr. Blanco: Tamiami Canal Road.
Vice Mayor Alonso: Seventy-three, seventy-four. It's City of Miami. Yes.
Commissioner Plummer: It's got to be in by a whisker.
Mr. Blanco: Yes, ma'am.
368
October 8, 1992
.
Mr. Regalado: We are Forgotten all the time.
Vice Mayor Alonso: Yes. It's the forgotten community.
Mr. Regalado: It's the forgotten part of the City.
Mayor Suarez: It must be right close to that edge there.
Vice Mayor Alonso: The Northeast is not forgotten anymore.
Commissioner Plummer: Let me tell you something. We might have forgotten
them...
Vice Mayor Alonso: This area is forgotten.
Commissioner Plummer: We might have forgotten them but the hookers haven't
because they're out there in thick numbers.
Vice Mayor Alonso: Well, I'll tell you something. The situation is very
serious. I realize that it's late and that we will not be able to come with
final decision tonight. But the situation is so serious. Last week we had an
incident with a police officer that was attacked. These people stand in a
corner. At the beginning it was a nuisance...
Mayor Suarez: Oh, this is a labor pool that...
Vice Mayor Alonso: Yes.
Mr. Regalado: Yes, it is.
Mr. Blanco: Yes, absolutely.
Mr. Regalado: The famous labor pool.
Vice Mayor Alonso: At the beginning, Mr. Mayor, they were standing there and
it was not a pleasant site. But now, not only do they stand at that corner,
they create traffic problems, but they are aggressive.
Mayor Suarez: Like everything else of that nature I bet you there are some...
Vice Mayor Alonso: Very aggressive.
Mayor Suarez: ...near violations of some Code or something. Can we get a
little bit more aggressive in our monitoring of the situation?
Vice Mayor Alonso: Well...
Mayor Suarez: Or what else do you have in mind?
Vice Mayor Alonso: Well, we need to come up with something very strong - an
ordinance, recommendation, whatever. They are even offering to pay for a
police officer...
369 October 8, 1992
Mrb Regalado: It's in the City. It's in the City, yeah.
Vice Mayor Alonso: ...from seven in the morning until 11.
Commissioner Plummer: That's ridiculous.
Vice Mayor Alonso: Well, that's how serious 1t is.
Mr. Regalado: Well, this is...
Vice Mayor Alonso: You say it's ridiculous but it is that they cannot
continue to live the way they do.
Commissioner Plummer: Where's the NET (Neighborhood Enforcement Team)
program?
Vice Mayor Alonso: In three years, this gentleman standing in the back.
Mr. Regalado: Well, the NET program...
Vice Mayor Alonso: For three years.
Commissioner Plummer: Where's the NET program?
Vice Mayor Alonso: And four of his cars have been stolen. These people have
business...
Mr. Regalado: Mr. Mayor?
Unidentified Speaker: They got six in my neighborhood Monday.
Vice Mayor Alonso: No, no. In one house. In your own house, if they take
your car four times, I think that's unbearable. That's something that people
cannot stand in our community. They own businesses in the area. They are
willing to... They are trying to sell. They cannot leave. The people
defecate in front of the doors of the residential area. They say, "Look the
other way." I mean, this is serious. The parents who are taking the children
to school are so afraid that I called a meeting with Senator Bob Graham,
Congresswoman Ileana Ros, Connie Mack, the Metro -Dade Police, the City of
Miami ...
Mr. Regalado: Immigration.
Vice Mayor Alonso: ...NET Administrators...
Mr. Regalado: Immigration.
Vice Mayor Alonso: ...the neighbors and merchants, and they were afraid to
attend because they fear for their lives. I mean, this is very serious.
That's why I decided, and invited them to come here today. So that we can
start working. I don't think that the City of Miami alone can resolve this
problem. We need the cooperation of the County, the State, all of us working
together. He can tell you how serious the situation is. But if they can tell
you, briefly... And also, Mr. Blanco can also address...
370 October 8, 1992
f
Mr. Regalado: This...
Vice Mayor Alonso: ...some of the items. You will see how serious the
situation is.
Commissioner Plummer: Mr. Mayor...
Vice Mayor Alonso: And it's been going on for a long time. But, now, the
last six months, it's really...
Commissioner Plummer: Just for your edification, the little street that I
live on is two blocks long. Last week, at 3:00 a.m., they broke into six cars
and tried to steal one. Do you want the insult to injury? The poor woman
next to me, her car has been stolen twice and they broke into her rental car.
Vice Mayor Alonso: Oh, boy.
Commissioner Plummer: Incredible.
Mr. Cesar Odio (City Manager): But Commissioner, the problem in here is
very... is different than any part of the City. There are hundreds of people
that congregate waiting for work...
Commissioner Plummer: Well, let me tell you. You want to...
Mr. Regalado: Mr...
Commissioner Plummer: I'll tell you how you start.
Mr. Regalado: Mr. Mayor.
Commissioner Plummer: Let me finish.
Mr. Regalado: Well, you can't...
Commissioner Plummer: Let me tell you how you start.
Mayor Suarez: Why don't...
Mr. Regalado: Let me tell you one thing.
Mayor Suarez: Why don't we let them say few things...
Mr. Regalado: Excuse me.
Mayor Suarez: ...so that they feel that we...
Commissioner Plummer: Close that nightclub.
Mr. Regalado: I wish you would tell me how to start because this problem has
been in the City for four years.
Vice Mayor Alonso: Indeed.
371 October 8, 1992
Mayor Suarez: Wait a minute.
Mr. Regalado: So, if you're going to tell me how to start in four years...
Mayor Suarez: Wait a minute. Mr. Manager, I need everyone who is involved in
the management of this City to please be attentive to the speaker. Yes, sir.
Your name. Except for the little baby, I guess we're not going to be able to
get her...
Mr. Regalado: My name is Pedro Regalado and I live at 541 N.W. 60th Court and
I also own a property which is my business at 7451 S.W. 8th Street where this
problem has been going on for over four years right now. And the City, up to
today, has done nothing about it. Well, they've done arrests... They've done
hundreds and thousands of...
Vice Mayor Alonso: Hundreds.
Mr. Regalado: ...arrests in that site.
Vice Mayor Alonso: Hundreds of arrests.
Mr. Regalado: But they keep coming back and the problem keeps growing. These
are hundreds of illegal people that are in this... They're in the City of
Miami. You arrest them. They come back the next day and the problem keeps
going. At 5:30 in the morning, when Metro -bus comes, the whole bus gets off
with these people. At 5:30, 6:00, 6:30 - all the buses that come from
downtown, they come with all these people. We get over 400 of them and I have
a video I could show you on that.
Mayor Suarez: All right, sir. A couple of things. First of all, it is not
true that we haven't done anything because you said that and then...
Vice Mayor Alonso: Yeah. Hundreds of arrests.
Mr. Regalado: Well...
Mayor Suarez: you said we arrest of a lot of people.
Mr. Regalado: But we....
Vice Mayor Alonso: Yes.
Mayor Suarez: Wait, wait. Second thing. The handle on this thing may be a
zoning handle.
Mr. Blanco: No. No, Mr. Mayor.
Mayor Suarez: I don't know that there's proper zoning to have masses of
people congregating there. Is there...
Vice Mayor Alonso: And doing business in the streets.
Mayor Suarez: Has any...
372 October 8, 1992
Mrs Blanco: If i may say something, Mr...
Commissioner Plummer: No, no.
Mayor Suarez: And they may actually...
Mr. Blanco: Mr. Mayor?
Vice Mayor Alonso: Doing business.
f
Commissioner Plummer: Excuse me. Do you know where I would start? I would
call Metro Transit Authority and ask them to take the bus another block down
the street which is in the County and outside of the City.
Mr. Blanco: Commissioner...
Vice Mayor Alonso: Oh, come on. They won't.
Commissioner Plummer: Why won't they?
Mr. Blanco: Commissioner, if I may.
Mayor Suarez: Well, or to an area that is more commercial certainly but...
Commissioner Plummer: Why won't they?
Vice Mayor Alonso: That's fine but that will not solve the problem.
Mr. Blanco: Mr. Mayor?
Mayor Suarez: Any ideas?
Mr. Blanco: Yeah. We've been looking at this problem...
Vice Mayor Alonso: That will not. The situation is too serious.
Mr. Blanco: ...and the problem is further complicated because of the
situation, the locale there. You know, the City limits end at 76th Court
under the...
Mayor Suarez: You're going to tell us it's more complicated. You're not
going to have any solutions.
Mr. Blanco: Well, let me explain to you. Under the...
Mayor Suarez: I mean, we're very good at finding problems. You know, and we
need solutions.
Mr. Blanco: Under the Palmetto Expressway, some of them live under there.
OK? So, that's State property. Across the street from S.W. 8th Street, on
the southern side, you have a Palmetto Day Care Center which is an abandoned
building and they live in that area as well. Plus the fact that some of these
are illegal immigrants and...
373 October 8, 1992
Commissioner
Plummer: And that's not the City.
On the south
side of 8th is
not the City.
Mr. Regalado: 'That's not the City. it's Metro.
Mr. Blanco: ...you know, that becomes a U.S. Immigration problem. So, the
City atone can't resolve it because we have a jurisdiction of the County, the
City, the State and U.S. Immigration.
Vice Mayor Alonso: yes.
Commissioner Plummer: West Miami.
Mr. Blanco: OK? And we've been meeting with State officials and County
officials and as early as... as recent as yesterday we got a promise from
Senator Connie Mack's office to try to get U.S. Border Patrol out there almost
everyday.
Vice Mayor Alonso: Yeah. And he called me today again...
Mr. Blanco: OK.
Vice Mayor Alonso: ...and said he's willing to do whatever it takes to help
the City.
Mr. Blanco: And the City of Miami has had hundreds of arrests in the area.
Dade County has made hundreds of arrests and U.S. Border Patrol has made
arrests. But because of the judicial system, the way it it, these people are
out in the streets in 24, 48 hours.
Commissioner Plummer: Are these illegal aliens?
Mr. Regalado: Yes, they are.
Vice Mayor Alonso: Yes.
Mr. Blanco: Some of them are. Yes, sir.
Commissioner Plummer: Then why don't you call immigration and ask them to
come down?
Mr. Regalado: They don't come out.
Mr. Blanco: We have done so.
Vice Mayor Alonso: Yes, it has been...
Mr. Regalado: They don't come out.
Mr. Blanco: They don't come out.
Mr. Regalado: They don't answer your calls.
374 October 8, 1992
.�
a
Commissioner Plummer: What the hell do we pay our taxes for?
Assistant Chief Don March: We had an operation there today...
Commissioner Plummer: What happened?
Mr. Regalado: And yesterday, yes.
Mayor Suarez: Please come up to the mike.
Assistant Chief March: We've made bus loads of arrests there. But I agree
with the Commissioner here that what you have, in every society and every
community, things like this grow. And there's something... When he says four
years, there's something that's getting entrenched there that cries out for a
complex answer. It's along the lines of...
Commissioner Plummer: But, Don, do they go there to get a job? Is it...
Assistant Chief March: Yes, sir. What you have is you have...
Commissioner Plummer: Is that day labor?
Assistant Chief March: ...official hiring and unofficial hiring.
Mr. Blanco: That's correct.
Vice Mayor Alonso: Um-hmm.
Assistant Chief March: It's just... You have both that goes on. You have
people waiting for official hiring. You have contractors that come by, load
up a bunch and go. I mean, it's a hiring center and there is a structured
business there and then there's an unstructured thing and it's the
unstructured thing that gets entrenched in a community and almost defies your
law enforcement. Now, we've been working with the federal agencies but what
needs to be done... It's along the lines of an issue that you talked about
earlier today for hours, the Camillus House...
Mayor Suarez: What is the name of the agency, Chief, that is doing this
there?
Assistant Chief March: I don't know the name of it but...
Mayor Suarez: All right. Does anybody know the name of the agency?
Assistant Chief March: What's the name... Do you know the name of the...
Mayor Suarez: What's the name of the labor pool agency? What is their
corporate name? Does anyone...
Mr. Regalado: There's no agency there.
Vice Mayor Alonso: No, none.
Mr. Blanco: No. I'm not aware of any corporate pool agency there. No.
375 October 8, 1992
Assistant Chief March: No, I believe...
Vice Mayor Alonso: Different people.
Assistant Chief March: Yeah. I think... And I'll get that information.
When I say there is something structured there, I think there is.
Vice Mayor Alonso: But also not.
Commissioner Plummer: Legally or illegally?
Vice Mayor Alonso: Illegal.
Assistant Chief March: It may be illegal, but I think there is something...
Mayor Suarez: All right. As to the legal, there are agencies...
Assistant Chief March: Right.
Mayor Suarez: ...they're licensed. If they're labor pools...
Mr. Regalado: They're...
Mayor Suarez: ...they are regulated. They're probably violating our zoning
codes...
Mr. Blanco: No.
Mayor Suarez: We have got to figure out a way like we did on Biscayne
Boulevard many years ago...
Assistant Chief March: Yeah, sure.
Mayor Suarez: ...of using our police powers...
Assistant Chief March: Right.
Mayor Suarez: ...and our zoning powers to make them comply with the law. And
the law is that they probably cannot be there doing their business in the
streets. I mean, that's...
Assistant Chief March: OK. Labor brokerage... When I say structured, you
have labor brokerage and then you have just drive-bys. Labor brokerage is
very often illicit and I think that that's what you have there.
Mr. Bianco: Exactly.
Vice Mayor Alonso: Yeah. That's...
Assistant Chief March: It requires a comprehensive effort and we will follow
through.
376
October 8, 1992
Mayor Suarez: And the otheriio The sort of drive by is also, almost by
definition, illegal. Because they've been carrying on a business without any
kind of license, so that's almost... So it just...
Mr. Regalado: We are getting electrical contractors, plumbing contractors,
anything...
Mayor Suarez: Is there a sign? Is there anything that tells people or
Just...
Vice Mayor Alonso: Trucks with names. Yes.
Mr. Regalado: There's nothing. There...
Mayor Suarez: Just custom...
Mr. Regalado: Well, they come because the publicity of the four years they've
been there. And it keeps going because it's not only illegals any more there
are people that work from Monday...
Mayor Suarez: You know, a little bit of aggressive policing... If this is
all as much of a violation as we think it is, which it sounds like it is...
Mr. Regalado: If...
Mayor Suarez: ...a little bit of aggressive will probably... And not to
mention some issues relating to immigration which I...
Commissioner Dawkins: Well, if...
Commissioner Plummer: It's called selective enforcement.
Commissioner Dawkins: If this is... Not if. This being as bad as it is, why
hasn't my Police Department hooked up with the Florida Law Department, FDL,
and others in order to get a concentrated effort to eliminate this.
Assistant Chief March: Sir, we do it. What I'm saying, we make bus loads of
arrests. It is the only time, other than when we rescued many of the homeless
before the hurricane hit, in recent memory where we've used our mass arrest
vehicles. And we do that on a regular basis. We had officer out there today.
Vice Mayor Alonso: And arrested.
Assistant Chief March: We made hundreds of arrests.
Commissioner Plummer: But what do you arrest them for?
Assistant Chief March: Anything that constitutes a violation.
Commissioner Plummer: But, Don, the point I'm trying to make...
Assistant Chief March: We do... Sir.
377 October 8, 1992
C"issionee Plummer: If you arrest there and you take them to Cade County
Jail and it is so noted that they are an illegal alien...
Assistant Chief March: Not all of them.
Commissioner Plummer: Why would they...
Assistant Chief March: Not all of them are and...
Commissioner Plummer: Then, why... But do they release the illegal aliens?
I thought they had to go to Krome.
Assistant Chief March: No. No, sir.
Mr. Odio: No.
Assistant Chief March: Not everyone there is illegal.
Commissioner Plummer: I'm saying the ones that are.
Mr. Odio: The ones that are...
Assistant Chief March: The ones that are are detained with the...
Vice Mayor Alonso: Thirty were arrested when they attacked the police
officer. They were back...
Mr. Regalado: When a police officer comes...
Mr. Blanco: That's correct.
Vice Mayor Alonso: ...the next day.
Mr. Regalado: ...and tells one of those gentlemen to get off a property and
that gentleman turns around and hits that police officer, what is he going to
do to me or you or anybody who owns a business there, when you te11 them to
leave your property?
Commissioner Plummer: Shoot you, probably.
Mr. Regalado: OK? So, this is what's going on in this property, in all of
our properties in this area. We're getting over three hundred...
Mayor Suarez: All right. We need... Sir, we need some Code Enforcement
people out there, Mr. Manager.
Vice Mayor Alonso: In a very serious fashion.
1 Commissioner Plummer: You need to carry a gun.
Mayor Suarez: And we need some police officers out there and we need,
possibly, immigration officials. That, apparently, the Vice Mayor's been
working the Senator Mack on that.
378 October 8, 1992
r
I
Commissioner Plummer: Have you got a gun permit?
Ms. Rita Lopez: I have one.
Mayor Suarez: And we need it like pronto.
Commissioner Plummer: You'd better get one.
Mayor Suarez: Like pronto. Like tomorrow.
Mr. Regalado: Well, the other thing is...
Mayor Suarez: And then we get...
Mr. Regalado: These are three to four hundred guys who have nowhere to go to
the bathroom in. Where do they do it? In your parking lot.
Mayor Suarez: Now, that goes back to the problem of the homeless which is...
Mr. Regalado: Well, this 1s something similar.
Vice Mayor Alonso: Yes.
Mr. Regalado: We have to close at night and after we finish cleaning we have
to go out and start picking up like 1f it was dogs that do it in your parking
lot. Her parking lot is the biggest shopping center. She has to go in the
back and clean up that parking lot, worse than 200 guys getting out of the
Orange Bowl and doing it outside in the parking lot. They do this every
single day.
Mayor Suarez: Well, if we decide to do like we were doing today with the
Camillus House relocation, and have some kind of a shelter in that area, will
you make sure you don't oppose it so that we have a place for people to sleep?
Mr. Regalado: Where are you going to do it?
Mayor Suarez: You have homeless in your area, is what you're saying.
know how many.
Mr. Regalado:
We don't have homeless.
Mayor Suarez: Please, sirl Mariano, you and I go way back
retrogressing here. All right.
Mayor Suarez: Anything further?
Ms. Lopez: Yes. May I say something just for a second? We have business
there for 15 years and in the last four years it has been hell. I work there
every day and I used to go to the coffee shop but I cannot do it any more
because I'm afraid for my life. Two Fridays ago this... my nephew was
outside in the parking lot with this officer, and they were talking, and this
man came forward and he told the policeman, "Don't touch me. I don't like you
379 October 8, 1992
T
to be near me." The policeman tried to arrest him and all of the people that
were around him just went ahead to where my nephew was and this police
officer... and there's a gun shop there where the man had a gun and just had
to show the gun so that they could do something about it. I mean, I'm really
afraid for my life and for my family's life. That's why I'm here today.
Mayor Suarez: Al right. We're going to have to have some very, very
aggressive enforcement, both code violations and police...
Commissioner Plummer: Mayor? I would ask of the City Manager...
Mayor Suarez: ...presence. Yes?
Commissioner Plummer: ...that he immediately write a letter to the
immigration bureau. OK? And I want you to copy all of us, informing them of
your finding of a great deal of illegal aliens, and want to know why when they
are called they will not respond. And if they don't respond after getting
that letter, then I think we need to go to Washington and say, "Heyl The guys
down here aren't doing their job."
Mr. Odio: Commissioner, if they're...
Vice Mayor Alonso: They came to the meeting...
Mr. Regalado: They did.
Vice Mayor Alonso: ...two days ago and...
Commissioner Plummer: Immigration?
Vice Mayor Alonso: Immigration. They were with us...
Commissioner Plummer: But you said they didn't do anything.
Mr. Regalado: They're...
Vice Mayor Alonso: ...Senator Bob Graham contacted them. They came to the
meeting. Of course, publicly, they could not make a public statement. But
they will look and they are working with us. But I think 1t has to be a great
effort of all the agencies and the Metro -Dade Police Department as well as
Metro Government, City of Miami, all of us. Because this is extremely
serious.
Mr. Regalado: Well, the...
Vice Mayor Alonso: It is not the average problem in the neighborhood.
Commissioner Plummer: We are now approaching 13 hours.
Mr. Regalado: Mr. Mayor? We got together. We spent hours talking about the
problem, how can it be resolved. It's been going on for so long. Arrests are
madeand they come back out.
380 October 8, 1992
` ttp
Mayor Suarez: All right, we're going to try. All right, sir. We've heard
that.
Mr. Regalado: What we... We come...
Mayor Suarez: We've heard that. If you have any other ideas go ahead and put
them on the table because we've got to adjourn.
Mr. Regalado: The only thing we have decided so far... The only way we can
get rid of this is we go after the people who are picking them up which is...
Mayor Suarez: That's why I was asking 1f anybody knew their names? Yeah.
Mr. Regalado: OK.
Vice Mayor Alonso: An ordinance. Well, we were thinking of an ordinance.
Mr. Regalado: These are companies that are coming out every morning and
picking them up to do roof work.
Mayor Suarez: Those companies can have their licenses taken away.
Mr. Regalado: Well, but we don't have somebody there to do that for us.
Vice Mayor Alonso: To enforce the law.
Mayor Suarez: All right.
Mr. Regalado: They come and go.
Mayor Suarez: Mr. Manager, we still have a third item here... a third
approach that has to be tried which is that the companies who are picking
these people up...
Vice Mayor Alonso: The ordinance.
Mayor Suarez: ...we have to identify them. We have to maybe do a little bit
of surveillance...
Vice Mayor Alonso: They have signs on their trucks.
Ms. Lopez: They do.
Mayor Suarez: Right.
Mr. Regalado: They have plumbing signs, electricians...
Mayor Suarez: We have to go after their licenses. We did that on Biscayne
Boulevard many years ago with the motels that were engaging in prostitution.
It works. We just have to be aggressive. And you, Mr. Blanco, lead the
y effort, sir. Tell us what resource you need. Call our offices. And don't
rest until we've got this matter under control.
381 October 8, 1992
Mr. Blanco: Mr. Mayor, 1 think something that should be considered is
possibly an ordinance that will prohibit the public from picking up these
people...
Mayor Suarez: And get that ordinance ready for us.
Vice Mayor Alonso: Exactly. That's what we're...
Mr. Blanco: ...who are... who don't have legal papers...
Mayor Suarez: Get that ordinance ready for us.
Vice Mayor Alonso: Yes.
Mr. Blanco: ...to work in this country.
Mayor Suarez: If you need more teeth into the...
Mr. Blanco: And that's what we need.
Vice Mayor Alonso: Yes. And it...
Mayor Suarez: ...enforcement.
Vice Mayor Alonso: ...could come back next Commission meeting.
Commissioner Plummer: What about we call it right now and if you hire an
illegal alien that you've got a thousand dollar fine?
Mayor Suarez: But he's got a lot that are legal.
Mr. Blanco: That's correct. It's not being enforced.
Mayor Suarez: He's got a lot that are legal. All right.
Commissioner Plummer: You've got the law, get it enforced.
Mayor Suarez: And if you need any more ordinances, we'll pass them in short
order. In fact, we can get them passed on the 22nd by emergency. All right?
Vice Mayor Alonso: Yeah. We will have it for next Commission meeting.
Mr. Blanco: Thank you.
Ms. Lopez: Thank you.
Vice Mayor Alonso: OK. Great.
Mayor Suarez: Very good. Thank you. We're adjourned, I believe.
382 October 8, 1992
i
THERE BEING NO PMTHER BUSINESS TO COW BEFORE THE CITY
COMMISSION, THE NEETING WAS ADJOMNED AT 9:42 P.M.
ATTEST:
Natty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Xavier L. Suarez
N A Y 0 R
c
p I r4, OV0, 0*0
OF
383
October 8, 1992