HomeMy WebLinkAboutCC 1992-11-12 Minutes4
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c IWISS ION
i,
OF MEETING HELD ON .'R 12, 1222
REGULAR & PLANNING AND ZONING
s PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
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i
MATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
NOVEMBER 12, 1992
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
1.
COMMENTS BY 03MM1SSIONER PLUMMER
DISCUSSION
1-2
CONCERNING NUMBER OF WRECKED POLICE
11/12/92
CARS. (See label 3)
2.
PRESENTATIONS, PROCLAMATIONS & SPECIAL
DISCUSSICN
2-3
ITEMS:
11/12/92
(A) CCMMENDATION: OFFICER EMILIO
CANCIOBELLO -- MOST OUTSTANDING OFFICER
(SEPTEMBER 1992).
(B) CCNMENDATION: FELICIA MCQUEEN --
911 EMERGENCY OPERATOR.
3.
(continued discussion) COMMENTS BY
DISCUSSION
3-4
COMMISSIONER PLUIVER CONCERNING RECENT
11/12/92
VIDEO SHOWING WRECKED POLICE CARS.
(See label 1)
4.
VICTOR DE YURRE APPOINTED VICE MAYOR.
R 92-693
4-5
11/12/92
t
j 5.
CONSENT AGENDA
6
11/12/92
I
5.1
AUTHORIZE CONTRIBUTION ($4,610) TO THE
R 92-694
7
'
YOUTH OF AJMERICA ROLE MODELS ACTIVITIES
11/12/92
TRIP SPONSORED THROUGH MARTIN LUTHER
KING ECONOMIC DEVELOPMENT CORPORATION
(FROM LAW ENFORCEMENT TRUST FUND).
5.2
ACCEPT DONATION OF 100 TOTER 96 GALLON
R 92-695
7
ROLL -OUT CARTS FROM RAY PACE'S WASTE
11/12/92
EQUIPMENT, INC. TO BE USED BY
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE TO
ASSIST IN HURRICANE ANDREW CLEANUP.
1
5.3
ACCEPT DONATION OF FURNITURE FRCM
R 92-696
7
UNITED STATES NATIONAL LABOR RELATIONS
11/12/92
BOARD.
e+F b 431
R3
I`
•
•
5.4 AOCEPT BID: INNOVATIVE OCMPUTEA R 92-697
DESIGNS, 11C. -4-- FOR FURNISHING A COLOR 11/12/92
GRAPHIC PRINTER FOR OFFICE OF CITY
CLERK.
6.6 ACCEPT 81D: CHARL.IE'S AUTO GLASS, R 92-698
INC. -- FOR FURNISHING GLASS REPAIRS 11/12/92
FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE / FLEET
MANAGEMENT DIVISION.
6.6 ACCEPT BID: RADIATOR KING, INC. -- FOR R 92-699
FURNISHING AUTOMOTIVE RADIATOR REPAIRS 11/12/92
FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE.
6.7 ACCEPT BID: GREATER MIAMI CATERING, R 92-700
INC. FOR FURNISHING DAILY HOT MEALS 11/12/92
TO CITY'S DAY CARE AND PRESCHOOL
PROGRAMS.
5.8 ESTABLISH CHARGES, TERMS AND CONDITIONS R 92-701
FOR USE OF BOBBY MADURO MIAMI BASEBALL 11/12/92
STADILM BY FEDERACION DE PELOTEROS
CUBANDS EN EL EXIL10 -- FOR AN OLD
TIMERS BASEBALL GAME.
5.9 APPROVE APPLICATION FOR LIQUOR PERMIT R 92-702
BY FOODPACK OF THE AMERICAS, INC. FOR 11/12/92
DISPLAY BY MANUFACTURERS /
DISTRIBUTORS, AND FOR OONSLMPTION IN
COCONUT GROVE CONVENTION CENTER.
5.10 GRANT REQUEST BY KING MANGO STRUT, INC. R 92-703
FOR CLOSURE OF DESIGNATED STREETS 11/12/92
CONCERN IN3 ELEVENTH ANNUAL KING MANGO
STRUT PARADE.
5.11 GRANT REQUEST BY NATIONAL R 92-704
OMMIINICATIONS SALES PROMOTIONS, INC. 11/12/92
AND THE MIAMI MILE COMPANY FOR CLOSURE
OF DESIGNATED STREETS AND ESTABLISHING
AREA PROHIBITED TO RETAIL PEDDLERS
CONCERNING "MIAMI MILE."
6.12 GRANT REQUEST BY TASTE OF THE GROVE R 92-705
COMMITTEE FOR CLOSURE OF DESIGNATED 11/12/92
STREETS CONCERNING TENTH ANNUAL TASTE
OF THE GROVE -- AUTHORIZE SALE OF BEER
AND WINE -- ESTABLISH AREA PROHIBITED
TO NON -FESTIVAL RETAIL PEDDLERS.
8
8
9
9
10
10
11
11
12
n
Y K
r
5.13 GRANT REQUEST BY COCONUT GROVE R 92-706
ASSOCIATION, INC. FOR CLOSURE OF 11/12/92
DESIGNATED STREETS CONCERNING 30TH
ANNIVERSARY COCONUT GROVE ARTS
FESTIVAL AUTHORIZE SALE OF BEER AND
WINE -- ESTABLISH TEMPORARY PEDESTRIAN
MALL AND AREA PROHIBITED TO RETAIL
PEDDLERS.
5.14 GRANT REQUEST BY KIWANIS CLUB OF LITTLE R 92-707
HAVANA FOR CLOSURE OF DESIGNATED 11/12/92
STREETS CONCERNING 1993 CARNAVAL MIAA41
PASEO, 8K RUN, AND CALLE OCHO OPEN
HOUSE FESTIVAL -- AUTHORIZE SALE OF
BEER AND WINE -- ESTABLISH PEDESTRIAN
MALL AND AREA PROHIBITED TO RETAIL
PEDDLERS -- RELAX LIMITATIONS ON
DISPLAY OF FIREWORKS AT ORANGE BOWL
STADIUM, VIZCAYA MUSELM AND GARDENS,
AND BAYFRONT PARK.
5.15 ACCEPT PLAT: OVERTOWN VILLAS SECTION 2, R 92-708
AMENDED. 11/12/92
6. SUPPORT DEDICATION OF FORTHCOMING NEW R 92-709
BRICKELL AVENUE BRIDGE IN MEMORY OF ROY 11/12/92
F. KENZIE.
7. (A) ACCEPT BID: AERO TIRE OCMPANY -- R 92-710
FOR TIRE RECAPPING AND REPAIR SERVICES DISCUSSION
FOR DEPARTMENT OF GENERAL SERVICES 11/12/92
ADMINISTRATION AND SOLID WASTE / FLEET
MANAGEMENT DIVISION.
(B) COMMISSIONER DAWKINS DIRECTS
ADMINISTRATION TO IDENTIFY MINORITY
FIRMS SO THAT WORKSHOP CAN BE HELD TO
TEACH THEM HOW TO BID ON CITY
CONTRACTS.
8. DEFER CONSIDERATION OF PROPOSED M 92-711
RESOLUTION TO ACCEPT BID FROM FIREARM 11/12/92
TRAINING SYSTEMS, INC. FOR FURNISHING
OF FIREARMS / DEADLY FORCE TRAINING
VIDEO FOR POLICE DEPARTMENT.
12-13
13
13-14
14-15
16-21
21-24
9. DEFER, FOR FURTHER INFORMATION, M 92-712
CONSIDERATION OF PROPOSED RESOLUTION M 92-712.1
DECLARING MOST ADVANTAGEOUS METHOD TO 11/12/92
DEVELOP CERTAIN CITY GINNED WATERFRONT
LAND IS BY UDP AND AUTHORIZING MANAGER
TO PREPARE AN RFP FOR A UDP CONCERNING:
(a) IMPROVEMENTS TO SAILING CLUB
WATERFRONT PROPERTY AT WATSON ISLAND
KN; WN AS "M I AM I YACHT CLUB"; AND (b )
IMPROVEMENTS TO THE MOTORBOAT PROPERTY
AT WATSON ISLAND KNOWN AS THE "MIAMI
OUTBOARD CLUB."
10. ESTABLISH SPECIAL CHARGES, TERMS AND R 92-713
CONDITIONS FOR USE OF ORANGE BOWL 11/12/92
STADILM BY PREMIER ENTERTAINMENT,
INC. -- FOR PRESENTATION OF A HURRICANE
RELIEF CONCERT.
11. SUPPORT, IN PRINCIPLE, PROPOSAL BY M 92-714
EXOTIC MEMORABILIA, INC. -- FOR 11/12/92
PRESENTATION OF A JOSE CANSECO
HURRICANE ANDREW BENEFIT SOFTBALL GAME
AT THE ORANGE BOWL STADILM. (See label
23)
12. AUTHORIZE MANAGER TO APPLY FOR GRANT R 92-715
($120,000) FROM METROPOLITAN PLANNING 11/12/92
ORGANIZATION -- FOR PURPOSES OF
TRANSPORTATION PLANNING AND
COORDINATION ACTIVITIES.
13. CLAIM SETTLEMENT: ALICIA MAR ILL R 92-716
($80,000). 11/12/92
14. EMERGENCY ORDINANCE: ESTABLISH TRUST ORDINANCE
AND AGENCY FUND: "PROFFERED TRUST 11020
FUND CONSISTING OF VOLUNTARY 11/12/92
CONTRIBUTIONS FROM PRIVATE
DEVELOPERS -- APPROPRIATE $84,000 FOR
OPERATION OF FUND -- AUTHORIZE MANAGER
TO EXPEND $25,000 FOR SECURITY -RELATED
IMPROVEMENTS AT RAINBOW VILLAGE,
$10,000 FOR STUDY OF ALTERNATE
SOLUTIONS TO COCONUT GROVE PARKING
PROBLEM, AND $24,500 EACH FOR IMPROVING
VIRRICK AND DORSEY PARKS.
24-28
28-30
KI*II4.1
35-37
37-40
41-46
3
15. SECOND READING ORDINANCE: AMEND CODE ORDINANCE
SECTION 40-229 -- PROVIDE FOR CHANGES 11021
IN INVESTMENT GUIDELINES FOR CITY OF 11/12/92
MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST.
16. (A) DISCUSS AND TABLE CONSIDERATION OF DISCUSSION
PROPOSED ORDINANCE RELATED TO HURRICANE 11/12/92
RELIEF SEEKING TO EXTEND THE EFFECTIVE
DATE FOR ALL VARIANCES, SPECIAL
EXCEPTIONS, SPECIAL PERMITS, AND OTHER
LAND -USE APPROVALS WHEN SAID APPROVALS'
EXPIRATION DATES FALL WITHIN DESIGNATED
DATES.
(B) COMMENTS BY COMMISSIONER J.L.
PLUMMER CONCERNING NEWSPAPER ARTICLE ON
MR. SHIH. (See labels 89 + 95)
17. COMMISSIONER DE YURRE PROPOSES NEW DISCUSSION
CONCEPT OF NEIGHBORHOOD ZONING 11/12/92
BOARDS -- REQUESTS ADMINISTRATION TO
PREPARE A STUDY ON THIS ISSUE.
18. DISCUSS AND TEMPORARILY TABLE DISCUSSION
CONSIDERATION OF PROPOSED FUNDING OF AN 11/12/92
ANTI -SUBSTANCE ABUSE AND HURRICANE
RELIEF -RELATED PLAY TO BE HELD AT
COCONUT GROVE PLAYHOUSE. (See label 21
A)
19. EXPRESS SUPPORT FOR REVEREND JOHN M 92-717
WHITE'S PROJECT FOR AFFORDABLE HOUSING DISCUSSION
IN OVERTOWN / PARK WEST -- DIRECT 11/12/92
MANAGER TO IDENTIFY LAND FOR PROJECT IN
ORDER TO FACILITATE RECEIPT OF A
$150,000 KNIGHT FOUNDATION GRANT.
20. COMMENTS BY COMMISSIONER PLUMMER ON
SUCCESS OF MELROSE PROJECT AND
DISORDERLY CONDITION OF 27TH AVENUE --
REQUEST ADMINISTRATION TO SCHEDULE ON
THE DECEMBER AGENDA.
46-57
57-63
64-66
67-74
November 12, 1992
E
U
21.
(A) ALLOCATE $100,000 FOR AN ANTI-
R 92--718 74-86
SUBSTANCE ABUSE AND HURRICANE -RELATED
11/12/92
PLAY AT COCONUT GROVE PLAYHOUSE FROM
LAW ENFORCEMENT TRUST FUND (LETF).
(B) REQUEST ADMINISTRATION TO LOOK INTO
THE POSSIBILITY OF ALLOCATING $100,000
FOR BLACK OW" I TY AND $100,000 FOR
HISPANIC OOIM LAITY FOR SIMILAR TYPE
PROJECT AS IN (A) ABOVE.
(C) BRIEF DISCUSSION CONCERNING
POSSIBLE ALTERNATIVE_ USES FOR LAW
ENFORCEMENT TRUST FUND (LETF) --
CCWISSIONER PLUVMER REQUESTS
ADMINISTRATION TO FORWARD TO THE
COMMISSION A MEMO EVERY FRIDAY MORNING
CONCERNING EXPENDITURES FROM THE LETF.
22.
STATE CITY COMMISSION POLICY THAT THE
M 92-719 86-108
ADMINISTRATION MUST OBTAIN COMMISSION
11/12/92
APPROVAL CONCERNING ANY PLANNED OR
PROPOSED RELOCATION OF HOMELESS SHELTER
FACILITIES, INCLUDING CAMILLUS HOUSE,
PRIOR TO HOLDING MEETINGS TO CONSIDER
SAID ISSUE.
23.
(Continued Discussion) ESTABLISH
R 92-720 106-115
CHARGES, TERMS AND CONDITIONS FOR USE
11/12/92
OF ORANGE BOWL STADIUM BY EXOTIC
MEMORABILIA, INC. FOR THE STAGING OF A
JOSE CANSECO HURRICANE ANDREW BENEFIT
SOFTBALL GAME -- REQUEST AUDIT. (See
label 11)
24.
COMMENTS BY COMMISSIONER DAWKINS
DISCUSSION 115
CONCERNING GREAT DISPARITY IN
11/12/92
ALLOCATION OF CITY DOLLARS FOR HOUSING
AND NOT FOR CITY YOUTHS.
25.
GRANT REQUEST FOR CLOSURE OF DESIGNATED
R 92-721 116-121
STREETS AND $10,000 IN IN -KIND SERVICES
11/12/92
CONCERNING THE MARTIN LUTHER KING
PARADE. (See label 37)
26.
COMMISSIONER PLUMMER REQUESTS
DISCUSSION 121-123
ADMINISTRATION TO INVITE SOMEONE FROM
11/12/92
THE GREATER MIAMI CONVENTION BUREAU TO
A COWISSION MEETING -- TONY PAJARES TO
REPORT ON WHAT THE BUREAU IS DOING AS
TO THEIR UTILIZATION OF CITY MONIES.
•
•
27. GRANT REQUEST BY M I AM I RESCUE M I SS I ON R 92-722
FOR CLOSURE OF DESIGNATED STREETS 11/12/92
CONCERNING ITS THANCSGIVIN3 BLOCK
PARTY.
28. GRANT REQUEST FOR WAIVER OF USER FEE R 92-723
CONCERNING HOLDING OF THE PIG BOWL 11/12/92
GAME AT ORANGE BOWL.
29. DISCUSS AND DEFER CONSIDERATION OF DISCUSSION
FUNDING OF "DO THE RIGHT THING" FRCM 11/12/92
LAW ENFORCEMENT TRUST FUND.
30. AUTHORIZE MANAGER TO ENGAGE FESTIVAL R 92-724
FLOATS, INC. FOR CONSTRUCTION OF AN 11/12/92
ANTI —DRUG AND CRIME PREVENTION PARADE
FLOAT.
31. GRANT REQUEST BY BODY POSITIVE RESOURCE R 92-725
CENTER (IN PARTNERSHIP WITH SHARE YOUR 11/12/92
GIFT) FOR GRANT OF $2,600 TO COVER FEES
CONCERNING PRESENTATION OF CELIA CRUZ
AND FRIENDS "AIDS BENEFIT CONCERT" AT
JAMES L. KNIGHT CONVENTION CENTER.
32. GRANT REQUEST BY OPERATION SAVE EYES R 92-726
FOR CLOSURE OF DESIGNATED STREETS 11/12/92
CONCERNING ITS SAVING EYE '92 EVENT.
123--124
124-126
125-126
127-134
134-136
136-137
33. (A) ACCEPT A $7,500,000 GRANT FRCM R 92-727 137-139
METROPOLITAN DADE COUNTY FOR RENOVATION DISCUSSION
OF ORANGE BOWL STAD I LM . 11/12/92
(B) THANK SKIP SHEPHARD FOR HIS
EFFORTS IN SUCCESSFULLY LOBBYING DADE
COUNTY IN CONNECTION THEREWITH.
34. BRIEF DISCUSSION CONCERNING PROPOSED DISCUSSION 139
REFUNDING OF CERTAIN DADE COUNTY 11/12/92
FLORIDA HOUSING BONDS TO FINANCE LOW
INOOME HOUSING IN THE CITY OF MIAMI.
35. PERSONAL APPEARANCE BY VIRGILIO PEREZ M 92-728 140-142
(LATIN CHANGER OF CCMb1ERCE) REQUESTING 11/12/92
AMGNCWNT TO ZONING ORDINANCE
CONCERNING THE LATIN QUARTER SPECIAL
DISTRICT SD-14 -- REQUEST
ACMINISTRATION TO DRAFT AMENCMENT TO
ALLOW AUTO CAR CARE SERVICE CENTERS IN
C-1 DISTRICT.
36. REFER TO MANAGER FUNDING REQUEST BY DISCUSSION 143-144
ALLEGRO CORRAL FOR THE STAGING OF A 11/12/92
CHOIR PRESENTATION.
37. (Cbntlnued Discussion) BRIEF COACNTS DISCUSSION
CONCERNING2 MARTIN LUTHER KING PARADE -- 11/12/92
CITY COWISSION DISCUSSES ITS INTENT TO
DELEGATE POWER TO THE CITY MANAGER THAT
HE MAY HANDLE NotV-CONTROVERSIAL
REQUESTS FOR CLOSURE OF STREETS. (See
label 26)
38. AUTHORIZE MANAGER TO NEGOTIATE AND R 92-729
EXECUTE AGREEMENT WITH CERTIFIED PUBLIC 11/12/92
ACOOLINTANT FIRM OF DELOITTE AND TOUCHE
FOR ACTUARIAL SERVICES IN COIWECTION
WITH THE CITY'S SELF-INSURANCE AND
INSURANCE TRUST FUNDS.
39. DISCUSSION CONCERNING PLACEMENT OF DISCUSSION
PROPOSAL FOR EXECUTIVE MAYOR FORM OF 11/12/92
GOVERNMENT BEFORE THE VOTERS OF MIAMI.
40. DISCUSSION CONCERNING CITY CCMAISSION DISCUSSION
POLICY FOR PRESENTATION OF POCKET 11/12/92
ITEMS -- ADMINISTRATION TO MAKE
REOCNMENDAT ION.
41. DISCUSSION CONCERNING PROPOSED DISCUSSION
ORDINANCE WHICH WOULD CAUSE THE TERMS 11/12/92
OF OFFICE OF THE MIAMI SPORTS AND
EXHIBITION AUTHORITY BOARD MEMBERS TO
COINCIDE WITH THE APPOINTING
COMMISSIONER'S TERM OF OFFICE --
DISCUSSED POSSIBILITY OF EXTENDING SAID
GUIDELINES TO ALL CITY BOARDS --
DISCUSSION CONCERNING POSSIBLE
IMPLEMENTATION OF GUIDELINES WHICH
WOULD HAVE THE COMMISSIONER / MEMBER OF
BAYFRONT PARK TRUST AS CHAIRPERSON WITH
VOTING POWERS. (See labels 76 + 83)
144-146
146-147
147-160
160-163
163-174
42. DISCUSS AND TABLE CONSIDERATION OF DISCUSSION 175-176
PROPOSED RESOLUTION REAPPOINTING 11/12/92
CERTAIN INDIVIDUALS AS MEMBERS OF THE
M I AM I SPORTS AND EXHIBITION AUTHORITY
FOR DESIGNATED TERMS OF OFFICE. (See
label 83)
43. BRIEFLY DISCUSS AND WITHDRAW PROPOSED DISCUSSION 176-177
RESOLUTION ACCEPTIN3 PROPOSAL OF MORRIS 11/12/92
AND MCDANIEL, INC. TO DEVELOP AND
IMPLEMENT CUSTOMIZED ASSESSMENT CENTER
PROCESS FOR CLASSIFICATION OF POLICE
CAPTAIN.
44. VICE MAYOR ALONSO ="NTS CONCERNING DISCUSSION
CAR ALLOWANCE AND CITY-l7WNED CARS FOR 11/12/92
CITY 0"ISSIONERS.
45. APPROVE DOWNTOWN DEVELOPMENT AUTHORITY R 92-730
EXECUTIVE DIRECTOR'S DECISION TO REJECT 11/12/92
PROTEST OF VILA AND SON'S LANDSCAPINIG
CORPORATION FOR IMPROVEMENTS ON S.W. 8
STREET WITHIN BRICKELL AREA.
46. AUTHORIZE ISSUANCE OF $90,000,000 R 92-731
GENERAL OBLIGATION REFUNDIN3 BONDS, 11/12/92
SERIES 1992 FOR PURPOSE OF REFUNDING
ALL OR A PORTION OF OUTSTANDING GENERAL
OBLIGATION BONDS CONSISTING OF: (1)
POLICE HEADQUARTERS AND CRIME
PREVENTION FACILITIES BONDS, STORM
SEWER IMPROVEMENT BONDS, SANITARY SEWER
SYSTEM BONDS AND STREET AND HIGHWAY
IMPROVEMENTS BONDS (DATED JUNE 1,
1988); (II) GENERAL OBLIGATION
REFUNDING BONDS SERIES 1986; (111)
GENERAL OBLIGATION BONDS SERIES 1988A
(POLLUTION CONTROL AND INCINERATOR
FACILITIES BONDS); AND (IV) GENERAL
OBLIGATION REFUNDIN3 BONDS SERIES 1987;
ETC. -- DELEGATE POWER TO CITY MANAGER
AT A FEE NO LARGER THAN $450,000.
47. CONTINUE, FOR FURTHER INFORMATION, DISCUSSION
CONSIDERATION OF PROPOSED RESOLUTION 11/12/92
AUTHOR IZIN3 INTER -LOCAL AGREEMENT WITH
METRO-DADE COMITY FOR I NCLUS I ON IN THE
COUNTY CURBSIDE RECYCLING PROGRAM.
48. (A) EMERGENCY EXISTS NECESSITATING THE R 92-732
BURNING OF DEBRIS LEFT BY HURRICANE R 92-733
ANDREW. 11/12/92
(B) APPROVE CHIEF PROCUREMENT OFFICER'S
DECISION TO REJECT PROTEST OF
TRANSAMERICA REHAB CORPORATION
CONCERNING DISPOSAL BURN UNITS.
49. RATIFY AWARDS TO CENTRAL FLORIDA R 92-734
EQUIPMENIT ($261,000) AND KOSTMAYER 11/12/92
CONSTRUCTION 0:1WANY ($377,000) TO
OPERATE BURN CONTROLLED UNITS AT
VIRGINIA KEY TO DISPOSE OF DEBRIS LEFT
BY HURRICANE ANDREW.
178
179-193
193-206
206-208
208-212
212-213
November 12, 1992
min
$,w
F R ^x
60. (A) APPROVE CHIEF PROCUREMENT R 92-738
OFFICER'S DECISION TO REJECT PROTEST OF DISCUSSION
LANDSCAPE SERVICES, INC. FOR THE 11/12/92
REPLANTING OF UPROOTED TREES AT
MELREESE GOLF COURSE.
(B) COMMISSIONER PLLMAER REITERATES TO
THE ADMINISTRATION HIS VIEW THAT THE
CITY BIDDING PROCEDURES NEED TO BE
REVISED.
61. APPROVE CHIEF PROCUREMENT OFFICER'S R 92-736
DECISION TO REJECT PROTEST OF DELTA 11/12/92
CONTRACTING COMPANY TO PROVIDE DEBRIS
HAULING SERVICES.
52. ACCEPT BID: WILLIAMS PAVING COMPANY, R 92-737
FOR FLAGAMI STORM SEWER OUTFALL PROJECT 11/12/92
B-5583.
53. ACCEPT BID: MARINA POWER COMPANY, FOR R 92-738
DINNER KEY MARINA REHABILITATION OF 11/12/92
PEDESTALS AND FHC H-1003, FROM THE
FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA).
54. AUTHORIZE MANAGER TO RECEIVE BIDS AND R 92-739
ENTER INTO CONTRACT FOR COCONUT GROVE 11/12/92
EXHIBITION CENTER BUILDING RESTORATION
H-1004, FROM PENDING INSURANCE CLAIMS
AND FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA) .
55. ACCEPT BID: MIRI CONSTRUCTION, FOR R 92-740
ORANGE BOWL PARKING LOT PAVING 11/12/92
PROJECT - PHASE I B-4441.
56. INSTRUCT ADMINISTRATION TO WORK WITH M 92-741
SPORTS AND EXHIBITION AUTHORITY FOR 11/12/92
AGREEMENT CONCERNING CAPITAL
IMPROVEMENTS OF MELREESE GOLF COURSE --
CITY TO KEEP CONTROL OF SAID FACILITY.
57. COMMISSIONER DAWKINS SEEKS DIRECTION DISCUSSION
FROM CITY COMMISSION CONCERNING 11/12/92
LOBBYING EFFORTS RE PROPOSED DADE
COUNTY TWO PERCENT (2%) FOOD AND
BEVERAGE TAX.
213-220
220-222
222-226
226-232
232-234
235-238
239-245
246-267
So. RAT 1 FY EMERGENCY AC:T I ON OF CITY MANAGER R 92-742
IN FINDING THAT INSTALLATION OF LARGE 11/12/92
SIGN AT OAAN39 BOWL STADIUM PRIOR TO
TELEVISED HURRICANE GAME WAS AN
EMERGENCY, ETC.
69. RATIFY EMERGENCY PURCHASE BY MANAGER OF R 92-743
UNINTERRUPTED POWER SUPPLY BATTERIES 11/12/92
FRCM JANTECH POWER SERVICES, INC.
80. NAME THREE ADDITIONAL MEMBERS TO THE R 92-744
REVIEW OCMNITTEE CREATED TO EVALUATE 11/12/92
PROPOSALS CONCERNING UDP FOR THE
OLYMPIA BUILDING (174 EAST FLAGLER
STREET).
81. GRANT REQUEST BY REPRESENTATIVES OF R 92-745
MISSIONARIES OF CHARITY HOME FOR UNWED 11/12/92
MOTHERS -- DELAY PAYMENT OF ASSESSED
TAXES FROM IMPROVEMENT TO SIDEWALK
UNTIL THE TIME THE PROPERTY (727 N.W.
17 STREET AND 1669 N.W. 7 COURT) IS
SOLD.
62. DISCUSSION CONCERNING REQUEST BY MIAMI DISCUSSION
PROJECT TO CURE PARALYSIS FOR WAIVER OF 11/12/92
FEES IN CONVECTION WITH ITS WCMEN'S
GUILD 4TH ANNUAL WALK-A-THON EVENT.
63. DISCUSSION CONCERNING REQUEST FOR DISCUSSION
WAIVER OF CODE REQUIREMENTS IN 11/12/92
CONVECTION WITH A TASTE OF HEALTH, A
WHOLE FOODS FESTIVAL -- NO ACTION
TAKEN.
64. DISCUSSION CONCERNING DEREK MURPHREE'S DISCUSSION
REQUEST TO HAVE THE CITY'S CODE AMENDED 11/12/92
TO ALLOW NEUTERED MINIATURE VIETNM ESE
POTBELLY PIGS AS HOUSE PETS -- REFERRED
TO CITY ATTORNEY.
65. ENDORSE, I PRINCIPLE, FRATERNAL ORDER M 92-746
OF POLICE'S (FOP) REQUEST FOR USE OF 11/12/92
FORMER FIRE STATION AT 151 N.W. 27
AVENUE -- REFER TO CITY ATTORNEY.
66. GRANT REQUEST BY SUNSTREET FESTIVAL R 92-747
COMMITTEE, INC. FOR CLOSURE OF 11/12/92
DESIGNATED STREETS CONCERNING SUNSTREET
FESTIVAL -- AUTHORIZE SALE OF BEER AND
WINE -- RESTRICT PEDDLERS.
267-260
261
262-268
266-267
268-275
275-286
286-293
293-296
297-300
67,
(A) DISCUSS AND REFER TO ACM I N I STRAT I ON
D I SCUSS I CN 300-304
FUNDING REQL9ST BY CENTER FOR HAITIAN
11/12/92
STUD i ES, I NC . TO ALLOW THEM TO PAOV I DE
TRANSLATION, A0\0OCACY AND REFERRAL
SERVICES TO HA I T I AN CON I TY .
(B) C O M I SS I CN ER PLIAMIER D I RECTS
ADMINISTRATION NOT TO PLACE ON ANY
FUTURE AGENDA ANY SIMILAR APPLICATIONS
FC A RECESTED WAIVER OF FEES.
68.
INSTRUCT ADMINISTRATION TO PURCHASE
R 92-748 304-314
PROPERTY ON GRAND AVENUE (FORMER
11/12/92
C 'S CHICKEN) TO BE DEVELOPED AND
OPERATED BY DEPARTMENT OF OFF-STREET
PARKING AS A PARKING LOT NEXT TO
GOOMBAY PLAZA / TIKI REDEVELOPMENT
PROJECT.
69.
ADOPT, IN PRINCIPLE, CONCEPT OF STRONG
M 92-749 315-350
MAYOR FORM OF GOVERNMENT FOR CITY OF
11/12/92
MIAMI -- CREATE CHARTER REVIEW
COMMITTEE -- APPOINTEES' NAMES TO BE
FORWARDED TO ADMINISTRATION.
70.
CONTINUE: (a) PROPOSED FIRST READING
DISCUSSION 351-353
ORDINANCE TO CHANGE FUTURE LAND USE
11/12/92
ELEMENT OF COMPREHENSIVE NEIGHBORHOOD
PLAN, AT APPROXIMATELY 3711 S.W. 26
TERRACE, FROM DUPLEX RESIDENTIAL TO
RESTRICTED COMMERCIAL; AND (b) PROPOSED
FIRST READING ORDINANCE TO CHANGE THE
ZONING ATLAS FROM R-2 TWO-FAMILY
RESIDENTIAL TO C-1 RESTRICTED
OOMMRCIAL.
71.
GRANT REQUEST BY CATHOLIC OCMV1LJhIITY
R 92-750 353-358
SERVICE, INC. FOR A ONE-YEAR WAIVER OF
11/12/92
RENTAL FEE ($5,377.56) FOR USE OF SPACE
IN MANUEL ARTIME 00M1M1UNITY CENTER.
72.
PERSONAL APPEARANCE: MANUJEL GONZALEZ-
DISCUSSION 359-362
GOENAGA TO DISCUSS POLICE ISSUES.
11/12/92
73.
DIRECT CITY MANAGER TO TAKE $60,000
R 92-751 362-370
FROM THE POLICE DEPARTMENT BUDGET AND
11/12/92
ALLOCATE IT TO REGIS HOUSE.
74.
(A) GRANT AMUEST BY WCAA RAD I C
M 92-762
370-375
SCATI ON FOR CLOSURE OF DESIGNATED
M 92-753
STREETS CONCERNIN3 THREE KIN3S DAY
R 92-753.1
PARADE -- RESTRICT PEDDLERS.
11/12/92
(8) DIRECT MANAGER TO INCLUDE IN NEXT
YEAR'S BUDGET, (1) MARTIN LUTHER KIN3
PARADE, AND (2) THREE KINGS PARADE.
75.
CONTINUE TO DISCUSS AND TABLE PROPOSED
DISCUSSION
375
ORDINANCE TO CHAN3E TERMS OF OFFICE FOR
11/12/92
MEMBERS OF THE MIAMI SPORTS AND
EXHIBITION AUTHORITY IN ORDER THAT THEY
SHOULD COINCIDE WITH THE APPOINTING
COMWISSIONER'S TERM OF OFFICE. (See
labels 41 and 83).
78.
DISCUSSION CONCERNING FUNDING REQUEST
DISCUSSION
378-379
BY ARTISTS AND MUSICIANS AGAINST DRUGS
11/12/92
AND ABUSE IN CONNECTION WITH A FUND-
RAISIN3 CONCERT AT BAYFRONT PARK.
77.
DISCUSSION CONCERNIN3 FUNDING REQUEST
DISCUSSION
379-380
BY HISPANIC-LATIN FOUNDATION IN
11/12/92
CONNECTION WITH A FUND-RAISING EVENT TO
BENEFIT YOUTH AFFECTED BY HURRICANE
ANDREW.
78.
GRANT REQUEST BY WARNER BROTHERS, INC.
R 92-754
381-383
FOR RELAXATION OF LIMITATIONS CNV
11/12/92
D I SPLAY OF F I REYVORKS, AS IT APPLIES TO
KENNEDY PARK, IN CONNECTION WITH
FILMIN3 OF "WRESTLIN3 ERNEST
HEM I N3NAY . "
79.
GRANT REQUEST BY NDRTH-SOUTH GOLF
R 92-755
384-385
TOURNAMENT FOR USE OF MIAMI SPRINGS
11/12/92
GOLF COURSE FOR PERIOD FEB 24-28, 1993.
80.
(A) FUND ECONOMIC DEVELOPMENT
R 92-756
385-388
OM*AJNITY BASED ORGANIZATIONS (CBOs)
M 92-757
FOR FOUR (4) ADDITIONAL MONTHS.
11/12/92
(B) ADMINISTRATION TO NOTIFY ALL CBOs
THAT ANY NEGATIVE RECOMMENDATION ON
THEM FROM Com"ITY DEVELOPMENT
DEPARTMENT WILL RESULT IN ELIMINATION
OF ALL FUTURE FUNDING.
81.
FUND OOAMILNITY DEVELOPMENT CORPORATIONS
R 92-758
388-390
(CDCs) FOR FOUR (4) ADDITIONAL MONTHS.
11/12/92
82.
CONTINUE TO THE MEETINGI OF JANUARY 28th
DISCUSSION
CONSIDERATION OF PROPOSED RESOLUTION TO
11/12/92
APPEAL VARIANCE DENIED BY ZONIN3 BOARD
FOR WA I VER OF REQUESTED NUMBER OF OFF-
STREET PARKING SPACES FOR EXISTING
RESTAURANT TRATTORIA PAMPERED CHEF AT
3145 OCWV1DORE PLAZA.
83.
(A) APPOINT / REAPPOINT MEMBERS TO THE
R 92-759
MIAMI SPORTS AND EXHIBITION AUTHORITY
ORDINANCE
BOARD. (Appointed were: Steve Nuell,
FIRST READING
Robert Rattner, Frank Ie Shannon Rolle,
11/12/92
Milton Vickers, Wiiliam Bayer, Julio
Gonzalez Rebull, Ell Feinberg, Manny
Careno, Neal Harrington, and Ken
Albano) (See label 42).
(B) FIRST READING ORDINANCE: AMEND
CODE SECTION 52.6-3 CONCERNING THE
GOVERNING BODY OF THE MIAMI SPORTS AND
EXHIBITION AUTHORITY -- ELIMINATE
NECESSITY FOR SEPARATE GROUPS BY HAVING
ALL MEMBERS SERVE A ONE-YEAR TERM OF
OFFICE (11/30/92 - 11/29/93), AND TWO-
YEAR TERMS THEREAFTER -- CITY
COMMISSIONERS' TERMS TO RUN ONE YEAR,
RENEWABLE BY THE CITY COMAISSION ON
JUNE 1ST OF EACH YEAR, FOLLOWING
INITIAL APPOINTMENT. (See labels 41
and 75).
84.
CONTINUE TO JANUARY 28TH MEET IN3
DISCUSSION
CONSIDERATION OF PROPOSED RESOLUTION TO
11/12/92
APPEAL ZONING BOARD'S DENIAL OF
VARIANCE TO WAIVE OFF-STREET PARKING
REQUIREMENT FOR EXISTING RESTAURANT
(TU..A RISTORANTE) AT 2957 FLORIDA
AVENUE.
85.
SECOND READING ORDINANCE: AMEND 11000
ORDINANCE
ZONING TEXT, SD-9 OVERLAY DISTRICT, TO
11022
REFLECT MODIFICATIONS AND LIMITATIONS
11/12/92
FOR BISCAYNE BOULEVARD FRCM
APPROXIMATELY N.E. 36 STREET TO N.E. 87
STREET.
88. SECOND READING ORDINANCE: AMEND ORDINANCE
11000, -- EXTEND BOUNDARIES OF SD-9 11023
OVERLAY DISTRICT TO CHANGE ZONING ATLAS 11/12/92
TO REFLECT EXTENSION OF THE DISTRICT
FRCM APPROXIMATELY N.E. 36 STREET TO
N.E. 60 STREET, AND FROM LITTLE RIVER
CANAL TO N.E. 82 STREET.
390-396
395-402
402-403
403-414
414-415
ST . FIRST READ I N3 ORDINANCE: AMEND 10544 -- ORD I NANCE 416-417
DELETE PLANNING, PROORAAMIIN3, FIRST READING
IMPLEMENTATION AND FUNDING FOR THE 11/12/92
PROVISION OF SANITARY SEWERS TO
SOUTHERN PORTION OF THE COOONJT GROVE
NEIGHBORHOOD.
88. AWEND R 91-850, THE CAPITAL IMPROVEMENT R 92-760 417-421
PROGRAM -- DELETE PROJECTS 351174 11/12/92
(SOUTH GROVE SANITARY SEWERS) AND
351279 (GROVE BAY SANITARY SEWERS) IN
SOUTHERN PORTION OF COOONUT GROVE
NE I GI-BORHCOD .
89. (continueci discussion) PROPOSED DISCUSSION 421-422
ORDINANCE RELATED TO HURRICANE RELIEF, 11/12/92
SEEKING TO EXTEND THE EFFECTIVE DATE
FOR ALL VARIANCES, SPECIAL EXCEPTIONS,
SPECIAL PERMITS, AND OTHER LAND -USE
APPROVALS WHEN SAID APPROVALS'
EXPIRATION DATES FALL WITHIN DESIGNATED
DATES. (See labels 16 + 95)
90. STATUS REPORT ON S.W. 22 TERRACE FRCM DISCUSSION 422-424
S.W. 27 TO 37 AVENUES -- CONTIWE TO 11/12/92
THE MEETING OF DECEMBER 10, 1992.
91. RECOGNIZE FLOOD HAZARDS WITHIN CITY -- R 92-761 424-434
PROVIDE FOR PARTICIPATION IN NATIONAL 11/12/92
FLOOD INSURANCE PROGRAM -- EXPRESS
INTENT TO ADOPT AND ENFORCE FLOOD
DAMAGE PREVENTION REGULATIONS, ETC.
92. FIRST READING ORDINANCE: RELATING TO ORDINANCE 434-436
FLOOD DAMAGE PREVENTION -- ADD NEW CODE FIRST READING
CHAPTER "FLOG DAMAGE PREVENTION," ETC. 11/12/92
93. GRANT REQUEST BY VIVA AMER ICA MEDIA R 92-762 438-437
GROUP AND RAD10 MAMBI FOR CLOSURE OF 11/12/92
DESIGNATED STREETS CONCERNING A
THANKSGIVING FOOD DISTRIBUTION PROJECT.
94. GRANT REQUEST BY CAMILLUS HOUSE FOR R 92-763 437-438
CLOSURE OF DESIGNATED STREETS ON 11/12/92
NOVEMBER 22, 1992 CONCERNING A MURAL
DEDICATION CERENIONY.
96. (continued discussion) EMERGENCY
ORDINANCE 438-440
ORDINANCE: RELATING TO HURRICANE
11024
RELIEF; AMEND 10996 - EXTEND FOR
11/12/92
ADDITIONAL 90 DAYS THE EFFECTIVE DATES
FOR ALL VARIANCES, SPECIAL EXCEPTIONS,
SPECIAL PEFMITS, AND OTHER LAND -USE
APPROVALS WHEN SAID APPROVALS HAVE
EXPIRATION DATES FALLING WITHIN CERTAIN
DESIGNATED DATES. (See labels 16 and
89)
98. OONT I NLE ALL PLANK I NG AND ZON I NG I TM
M 92-784 440-441
NOT TAKEN UP IN TODAY IS AGENDA TO THE
11/12/92
DECEMBER 10, 1992 MEETING.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 12th day of November, 1992, the City Commission of Miami,
Florida, met at its regular meeting place in the City Hall, 3500 Pan American
Drive, Miami, Florida in regular session.
The meeting was called to order at 9:09 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
Cesar Odio, City Manager
Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
Commissioner Victor De Yurre
An invocation was delivered by Mayor Suarez and Vice Mayor Alonso then
led those present in a pledge of allegiance to the flag.
----------------------------------------------------------
NOTE FOR THE RECORD: By memorandum from City Manager
Cesar Odio, items -11 and 35 were withdrawn.
----------------------------------------------------------
------------------------------------------------------------------------------
1. COMMENTS BY COMMISSIONER PLUMMER CONCERNING NUMBER OF WRECKED POLICE
CARS. (See label 3)
Commissioner Plummer: Mr. Mayor, before all the police department leave...
Mr. Manager, I assume that you saw, as I did and others, a damning kind of a
video on the Miami Police Department automobiles.
Mayor Suarez: Can I ask you to leave that just pending for a second...
Commissioner Plummer: sure.
1 November 12, 1992
Mayor Suarez: e6e so we can do the two ceremonial items, and then we get to
the issue of the automobiles which...
Commissioner Plummer: Sure.
Mayor Suarez: ... I think all of us are going to want to ask them...
Commissioner Plummer: I was just asking for a request to be brought back this
afternoon but I need information...
Mayor Suarez: Oh, OK. That is better. That is a better deal.
Commissioner Plummer: Mr. Manager, I would like to know how many cars over
there are smashed.
Mr. Odio: Forty-seven.
Commissioner Plummer: No, sir. I counted fifty-five yesterday afternoon of
just the new cars. OK. Now that is why I want this information. I want to
know how many of those cars involved were preventable accidents. I want to
know what happened to the individuals that were involved in those accidents.
Do the policemen go to the regular court like regular people? (INAUDIBLE
COMMENT NOT ENTERED INTO THE PUBLIC RECORD) They don't. And I want to know
why not. OK? And I want to know how many total cars... As I say I counted
fifty... I think it was either fifty-four or fifty-five of the new cars that
were smashed. So I would like that information this afternoon, please.
2. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS:
(A) COMMENDATION: OFFICER EMILIO CANCIOBELLO -- MOST OUTSTANDING
OFFICER (SEPTEMBER 1992).
(B) COMMENDATION: FELICIA MCQUEEN -- 911 EMERGENCY OPERATOR.
Mayor Suarez: OK. I would like to ask... We have two quick ceremonial
items, and the first one is one of the most pleasurable ones we get to do here
once a month, and that is the most outstanding officer of the month for
September, 1992. I guess we are a little bit behind. Is Officer Canciobello
here? I thought that was you. Could you please come around to the back
officer. The commendations today both have very nice sayings that Mario likes
to add to them, and today I am going to read them, which is unusual, but
today's are particularly good. And this one reads, "Where it has been said
that the secret of success is constancy of purpose, and where City of Miami
police officer Emilio Canciobello brought honor and prestige to his department
when he was selected the most outstanding officer of the month for September,
1992. Whereas Officer Canciobello assigned to patrol Little Havana on the
afternoon shift is one of the departments most prolific officers with 29
felony and 86 misdemeanor arrests. A direct result of a self initiative
during the month of September of 1992. Local authorities on behalf of the
community salute Officer Emilio Canciobello for his dedication and comment to
law and order." Now, therefore, I Xavier Suarez joined by the Commission do
hereby commend Officer Emilio Canciobello. Ladies and gentlemen I think he
deserves a warm round of applause.
2 November 12, 1992
(APPLAUSE)
Mayor Suarez: And equally commendatory and an honor for us is to commend
Felicia McQueen. Is she here? (INAUDIBLE COMMENTS NOT ENTERED INTO THE
PUBLIC RECORD) OK. So would you like to take this commendation on her
behalf? Again, the saying is a good one. It is from Ralph Waldo Emerson, who
once said �- this is a well know one - "The reward of a thing well done is to
have done it." Felicia McQueen, Communications Operator of the Communications
Division of the City of Miami Fire Rescue and Inspection Services, is the
archetype of the public employee who with diligence and dedication serves the
community. The professionalism and knowledge demonstrated by Ms. McQueen in
response to a frantic call made possible the dislodging of a foreign material
from a child's airway, thus saving a young life. Whereas in local
authorities, of course, distinguish her and very possibly what we could do is
have her back at the December meeting if she is able to do that. OK.
3. (continued discussion) COMMENTS BY COMMISSIONER PLUMMER CONCERNING
RECENT VIDEO SHOWING WRECKED POLICE CARS. (See label 1)
Commissioner Plummer: Mr. Mayor, if I may...
Mayor Suarez: Go ahead, Commissioner.
Commissioner Plummer: ... just for a second follow up. Mr. Manager, I fully
expect not just the report on the smashed cars, but I think that we need to
get a full report on anything that we or the public saw on that program...
Vice Mayor Alonso: Indeed.
Commissioner Plummer: ... to understand fully what the problem is. If there
is a problem we need to address it. The only thing I was asking for was the
numbers as it relates to the automobiles that are smashed.
Mr. Cesar Odio (City Manager): If you missed the one yesterday, it really
clarified what happened.
Commissioner Plummer: I did.
Mr. Odio: The one yesterday clarified what happened with those Caprice.
Commissioner Plummer: I would just like something from you this afternoon in
writing, sir.
Mayor Suarez: Let me announce that Commissioner De Yurre has had a death in
the family. His Grandmother has passed away. Hopes to be here in the next
few minutes, and asked that we take up any items that could be of specific and
special urgency when he gets back. And so I think it makes sense to wait on
item one for that reason.
3 November 12, 1992
- _ sx�-a�,�;•,..a-savm+uyvedc.��av{ «key
Commissioner Plummer: You are talking about... When you say item 1 you are
talking about consent?
---`a-------"'----------------r.--az.-----------------------------------�w---..-
4. VICTOR DC YURRE APPOINTED VICE MAYOR.
--- -------------------- ._-------------- ----------------------------------
Mayor Suarez: Yes. No, no. The special item 1 which has to ao with the
election of the Vice Mayor...
Commissioner Plummer: Oh.
Mayor Suarez: ... and proceed with...
Commissioner Plummer: We can do it without him.
Mayor Suarez: All right.
Vice Mayor Alonso: He is coming back in the afternoon?
Commissioner Dawkins: It is automatic.
Commissioner Plummer: Well, it is not automatic. Excuse me, Mr. Dawkins.
Mayor Suarez: Oh. We are not going to have an argument this year on that
again, are we?
Commissioner Plummer: I saw one year that it was not automatic.
Commissioner Dawkins: I said I wasn't arguing with you today.
Mayor Suarez: There we go. There we go.
Commissioner Dawkins: You are correct Commissioner Plummer.
Commissioner Plummer: The Vice Mayor usually makes the motion, and if you
wish to I'll second it, or I'll make the motion.
Mayor Suarez: All right. Either way.
Commissioner Plummer: It is Commissioner De Yurre's turn and I so move that
Commissioner De Yurre...
Mayor Suarez: So moved for the next year.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not please call the roll.
4 November 12, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-693
A RESOLUTION ELECTING AND APPOINTING COMMISSIONER
VICTOR DE YURRE AS VICE -MAYOR OF THE CITY OF MIAMI,
FLORIDA, TO SERVE A ONE YEAR TERM, COMMENCING AT 12:00
NOON ON DECEMBER 11 1992.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Mayor Suarez: Items CA-1 through CA-24...
Vice Mayor Alonso: Mr. Mayor...
Mayor Suarez: Yes.
Vice Mayor Alonso: Let me ask a question.
Mayor Suarez: Madam Vice Mayor.
Vice Mayor Alonso: You were saying that Commissioner De Yurre will be back
then in the afternoon.
Mayor Suarez: No. I think he is going to be here fairly soon.
Vice Mayor Alonso: Oh. OK. Fine.
Mayor Suarez: Fairly soon. In fact... But if there is any items that anyone
would like the full Commission.
Vice Mayor Alonso: You mean in the consent agenda?
Mayor Suarez: Please. Yeah. Or otherwise as we move through the agenda.
Just in case he is not back. He may have had to attend to funeral
arrangements.
5 November 12, 1992
----------- w-----------fir---------ram------------------war--
6. CONSENT AGENDA
—r"�---------------------------- wr. —,—-------------------"--�r—...—...r—�.i..a.�-..-
Commissioner Plummer: Consent agenda, Mr. Mayor, I would like 1, 9, 100 16
and 17 pulled, please.
Mayor Suarez: OK. We are going to get clarification on 1, 9... I am sorry?
Commissioner Plummer: 1, 9, 10, 15 and 17. I am sorry. Put 9 back in. I
got my answer on 9.
Commissioner Dawkins: OK. Well, I want six.
Commissioner Plummer: Item 6 only, Commissioner?
Commissioner Dawkins: No, 6, 12, 13, 16.
Mayor Suarez: All right.
Vice Mayor Alonso: Eleven.
Mayor Suarez: Ladies and gentlemen with the exception of items 1, 6, 90 10,
11, 12, 13, 15, 16 and 17, items CA-1 through CA-24 constitute the consent
agenda. If anyone wishes to be heard on any of those items in opposition,
typically, please approach the podium. Let the record reflect that no one has
done so.
Commissioner Plummer: All other items not pulled I will move at this time.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion? If not please call the roll.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY VICE MAYOR ALONSO, THE CONSENT AGENDA
ITEMS, WITH THE ABOVE EXCEPTIONS, WERE PASSED 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
6 November 12, 1992
5.1 AUTHORIZE CONTRIBUTION ($4410) TO THE YOUTH OF AMERICA ROLE MODELS
ACTIVITIES TRIP SPONSORED THROUGH MARTIN LUTHER KING ECONOMIC
DEVELOPMENT CORPORATION (FROM LAW ENFORCEMENT TRUST FUND).
RESOLUTION NO. 92-694
A RESOLUTION AUTHORIZING A CONTRIBUTION TO THE YOUTH
OF AMERICA ROLE MODELS ACTIVITIES TRIP, SPONSORED
THROUGH THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT
CORPORATION, AND ALLOCATING FUNDS THEREFOR, IN THE
AMOUNT OF $4,610, FROM THE LAW ENFORCEMENT TRUST FUND,
SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF
POLICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.2 ACCEPT DONATION OF 100 TOTER 96 GALLON ROLL -OUT CARTS FROM RAY PACE'S
WASTE EQUIPMENT, INC. TO BE USED BY DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE TO ASSIST IN HURRICANE ANDREW CLEANUP.
RESOLUTION NO. 92-695
A RESOLUTION ACCEPTING THE DONATION OF 100 TOTER 96
GALLON ROLL -OUT CARTS FROM RAY PACE'S WASTE EQUIPMENT,
INC., VALUED AT AN ESTIMATED AMOUNT OF $5,000.00, TO
BE USED BY THE DEPARTMENT OF GENERAL SERVICES AND
SOLID WASTE TO ASSIST IN ITS HURRICANE ANDREW CLEANUP
EFFORTS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.3 ACCEPT DONATION OF FURNITURE FROM UNITED STATES NATIONAL LABOR RELATIONS
BOARD.
RESOLUTION NO. 92-696
A RESOLUTION ACCEPTING THE DONATION OF CERTAIN ITEMS
OF FURNITURE FROM THE UNITED STATES NATIONAL LABOR
RELATIONS BOARD.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7 November 12, 1992
5.4 ACCEPT BID: INNOVATIVE COMPUTER DESIGNS, INC. -- FOR FURNISHING A COLOR
GRAPHIC PRINTER FOR OFFICE OF CITY CLERK. -
RESOLUTION NO. 92-697
A RESOLUTION ACCEPTING THE BID OF INNOVATIVE COMPUTER
DESIGNS, INC. FOR THE FURNISHING OF A COLOR GRAPHIC
PRINTER FOR THE OFFICE OF THE CITY CLERK AT A TOTAL
PROPOSED AMOUNT OF $7,690.69; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE 220101-907; 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.)
5.5 ACCEPT BID: CHARLIE'S AUTO GLASS, INC. -- FOR FURNISHING GLASS REPAIRS
FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE /
FLEET MANAGEMENT DIVISION.
RESOLUTION NO. 92-698
A RESOLUTION ACCEPTING THE BID OF CHARLIE'S AUTO
GLASS, INC. FOR FURNISHING GLASS REPAIRS ON A CONTRACT
BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR
TWO (2) ADDITIONAL ONE (1) YEAR PERIODS AT A PROPOSED
ANNUAL AMOUNT OF $14,000.00 FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE/FLEET
MANAGEMENT DIVISION; ALLOCATING FUNDS THEREFOR FROM
THE FY '92-93 ACCOUNT CODE NO. 420901-670; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE AND
THEREAFTER TO EXTEND THIS CONTRACT FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, AT THE SAME TERMS,
PRICE AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8 November 12, 1992
5.6 ACCEPT BID: RADIATOR KING, INC. -- FOR FURNISHING AUTOMOTIVE RADIATOR
REPAIRS FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID
WASTE.
RESOLUTION NO. 92-699
A RESOLUTION ACCEPTING THE BID OF RADIATOR KING, INC.
FOR FURNISHING AUTOMOTIVE RADIATOR REPAIRS ON A
CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS AT
A PROPOSED ANNUAL AMOUNT OF $18,000.00 FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE/FLEET MANAGEMENT DIVISION; ALLOCATING
FUNDS THEREFOR FROM THE FY'92-93 ACCOUNT CODE NO.
420901-670; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS
FOR THIS SERVICE AND THEREAFTER TO EXTEND THIS
CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS,
AT THE SAME TERMS, PRICE AND CONDITIONS, SUBJECT TO
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.7 ACCEPT BID: GREATER MIAMI CATERING, INC. -- FOR FURNISHING DAILY HOT
MEALS TO CITY'S DAY CARE AND PRESCHOOL PROGRAMS.
RESOLUTION NO. 92-700
A RESOLUTION ACCEPTING THE BID OF GREATER MIAMI
CATERING, INC. FOR FURNISHING DAILY HOT MEALS TO
PARTICIPANTS IN THE CITY'S DAY CARE AND PRE-SCHOOL
PROGRAMS FOR THE DEPARTMENT OF PARKS AND RECREATION ON
A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD AT A
TOTAL PROPOSED FIRST YEAR COST OF $92,025.36;
ALLOCATING FUNDS THEREFOR FROM THE UNITED STATES
DEPARTMENT OF AGRICULTURE THROUGH THE FLORIDA
DEPARTMENT OF EDUCATION, ACCOUNT CODE NO. 058001-274;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
SERVICE AND THEREAFTER TO EXTEND THIS CONTRACT FOR AN
ADDITIONAL ONE (1) YEAR PERIOD, AT THE SAME PRICE,
TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
9 November 12, 1992
D
5.8 ESTABLISH CHARGES, TERMS AND CONDITIONS FOR USE OF BOBBY MADURO MIAMI
BASEBALL STADIUM BY FEDERACION DE PELOTEROS CUBANOS EN EL EXILIO -- FOR
AN OLD TIMERS BASEBALL GAME.
RESOLUTION NO. 92-701
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL
CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE BOBBY
MADURO MIAMI BASEBALL STADIUM BY FEDERACION DE
PELOTEROS CUBANOS EN EL EXILIO FOR THE PRESENTATION OF
AN OLD TIMERS BASEBALL GAME ON DECEMBER 130 1992;
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, SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE
TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.9 APPROVE APPLICATION FOR LIQUOR PERMIT BY FOODPACK OF THE AMERICAS, INC.
FOR DISPLAY BY MANUFACTURERS / DISTRIBUTORS, AND FOR CONSUMPTION IN
COCONUT GROVE CONVENTION CENTER.
RESOLUTION NO. 92-702
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
APPROVAL OF THE APPLICATION FOR A THREE-DAY STATE
LIQUOR PERMIT BY FOODPACK OF THE AMERICAS, INC. FOR
THE DISPLAY BY MANUFACTURERS OR DISTRIBUTORS OF
PRODUCTS LICENSED UNDER THE STATE BEVERAGE LAW, AND
ALSO FOR CONSUMPTION OF SUCH BEVERAGES ON THE PREMISES
OF THE COCONUT GROVE CONVENTION CENTER, MIAMI,
FLORIDA, DURING THE PERIOD OF JANUARY 13-15, 1993,
SUCH APPROVAL BEING A STATUTORY REQUISITE PRIOR TO THE
STATE'S ISSUANCE OF SAID PERMIT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
10 November 12, 1992
a
5.10 GRANT REQUEST BY KING MANGO STRUT, INC. FOR CLOSURE OF DESIGNATED
STREETS CONCERNING ELEVENTH ANNUAL KING MANGO STRUT PARADE.
RESOLUTION NO. 92-703
A RESOLUTION RELATED TO THE ELEVENTH ANNUAL KING MANGO
STRUT PARADE TO BE CONDUCTED BY KING MANGO STRUT, INC.
ON SUNDAY, DECEMBER 27, 1992; AUTHORIZING THE CLOSURE
OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC,
SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS
OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES;
CONDITIONING ALL APPROVALS AND AUTHORIZATIONS HEREIN
UPON THE ORGANIZERS PAYING FOR ALL THE NECESSARY COSTS
AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT AND
OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT
AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.11 GRANT REQUEST BY NATIONAL COMMUNICATIONS SALES PROMOTIONS, INC. AND THE
MIAMI MILE COMPANY FOR CLOSURE OF DESIGNATED STREETS AND ESTABLISHING
AREA PROHIBITED TO RETAIL PEDDLERS CONCERNING "MIAMI MILE."
RESOLUTION NO. 92-704
A RESOLUTION RELATED TO THE "MIAMI MILE", A WORLD
CLASS EVENT TO BE CONDUCTED BY THE NATIONAL
COMMUNICATIONS SALES PROMOTIONS, INC. AND THE MIAMI
MILE COMPANY, ON JANUARY 23-24, 1993; AUTHORIZING THE
CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR
TRAFFIC AND APPROVING THE USE OF CERTAIN STREETS AND
THOROUGHFARES IN DOWNTOWN MIAMI DURING SAID EVENT
SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS
OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES;
ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS
DURING THE PERIOD OF THE EVENT; CONDITIONING ALL
APPROVALS AND AUTHORIZATIONS GRANTED HEREIN UPON THE
ORGANIZERS PAYING FOR ALL THE NECESSARY COSTS AND FEES
ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO
PROTECT THE CITY IN THE AMOUNT PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
11 November 12, 1992
5.12 GRANT REQUEST BY TASTE OF THE GROVE COMMITTEE FOR CLOSURE OF DESIGNATED
STREETS CONCERNING TENTH ANNUAL TASTE OF THE GROVE -- AUTHORIZE SALE OF
BEER AND WINE -- ESTABLISH AREA PROHIBITED TO NON -FESTIVAL RETAIL
PEDDLERS.
RESOLUTION NO. 92-705
A RESOLUTION RELATED TO THE TENTH ANNUAL TASTE OF THE
GROVE TO BE CONDUCTED BY THE TASTE OF THE GROVE
COMMITTEE, ON JANUARY 16-17, 1993; AUTHORIZING THE
CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR
TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION
SERVICES; AUTHORIZING A TWO-DAY PERMIT TO SELL BEER
AND WINE IN CONNECTION WITH SAID EVENT SUBJECT TO THE
ISSUANCE OF ALL PERMITS REQUIRED BY LAW; ESTABLISHING
AN AREA PROHIBITED TO NON -FESTIVAL RETAIL PEDDLERS
DURING THE PERIOD OF SAID EVENT; CONDITIONING ALL
APPROVALS AND AUTHORIZATIONS HEREIN UPON THE
ORGANIZERS PAYING FOR ALL THE NECESSARY COSTS OF CITY
SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID
EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN
THE AMOUNT PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.13 GRANT REQUEST BY COCONUT GROVE ASSOCIATION, INC. FOR CLOSURE OF
DESIGNATED STREETS CONCERNING 30TH ANNIVERSARY COCONUT GROVE ARTS
FESTIVAL -- AUTHORIZE SALE OF BEER AND WINE -- ESTABLISH TEMPORARY
PEDESTRIAN MALL AND AREA PROHIBITED TO RETAIL PEDDLERS.
RESOLUTION NO. 92-706
A RESOLUTION RELATED TO THE 30TH ANNIVERSARY COCONUT
GROVE ARTS FESTIVAL TO BE CONDUCTED BY THE COCONUT
GROVE ASSOCIATION, INC., ON FEBRUARY 13, 14 AND 15,
1993 IN PEACOCK AND MEYERS PARKS VICINITY; AUTHORIZING
THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR
TRAFFIC; ESTABLISHING A TEMPORARY PEDESTRIAN MALL
SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS
OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES;
FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL
PEDDLERS DURING THE PERIOD OF SAID EVENT; AUTHORIZING
A THREE-DAY PERMIT FOR THE SALE OF BEER AND WINE
SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW
DURING THE EVENT; CONDITIONED UPON THE ORGANIZERS
PAYING FOR THE NECESSARY COSTS OF CITY SERVICES AND
APPLICABLE FEES ASSOCIATED WITH SAID EVENT AND UPON
THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY
IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
12 November 12, 1992
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.14 GRANT REQUEST BY KIWANIS CLUB OF LITTLE HAVANA FOR CLOSURE OF DESIGNATED
STREETS CONCERNING 1993 CARNAVAL MIAMI PASEO, 8K RUN, AND CALLE OCHO
OPEN HOUSE FESTIVAL -- AUTHORIZE SALE OF BEER AND WINE -- ESTABLISH
PEDESTRIAN MALL AND AREA PROHIBITED TO RETAIL PEDDLERS -- RELAX
LIMITATIONS ON DISPLAY OF FIREWORKS AT ORANGE BOWL STADIUM, VIZCAYA
MUSEUM AND GARDENS, AND BAYFRONT PARK.
RESOLUTION NO. 92-707
A RESOLUTION RELATED TO THE 1993 CARNAVAL MIAMI PASEO
TO TAKE PLACE MARCH 7, 1993, THE 8K RUN ON MARCH 11,
1993, AND THE CALLE OCHO OPEN HOUSE FESTIVAL ON MARCH
14, 1993 TO BE CONDUCTED BY THE KIWANIS CLUB OF LITTLE
HAVANA; PROVIDING FOR THE CLOSURE OF DESIGNATED
STREETS TO THROUGH VEHICULAR TRAFFIC; ESTABLISHING A
PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY
THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES; ESTABLISHING AN AREA PROHIBITED
TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENTS;
AUTHORIZING THE SALE OF BEER AND WINE IN CONNECTION
WITH SAID EVENTS SUBJECT TO THE ISSUANCE OF ALL
PERMITS REQUIRED BY LAW; FURTHER RELAXING THE
LIMITATIONS ON THE DISPLAY OF FIREWORKS TO ALLOW THE
STAGING OF PYROTECHNIC DISPLAYS UNTIL 12:00 MIDNIGHT
FOR: CARNAVAL NIGHT AT THE ORANGE BOWL STADIUM ON
MARCH 6, 1993; A SPONSORS PARTY AT VIZCAYA MUSEUM AND
GARDENS ON MARCH 12, 1993; AND CARNAVAL MIAMI INTER-
NATIONAL AT BAYFRONT PARK ON MARCH 13, 1993;
CONDITIONING ALL APPROVALS AND AUTHORIZATIONS HEREIN
UPON THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF
CITY SERVICES AND FEES ASSOCIATED WITH SAID EVENT AND
OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT
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.)
5.15 ACCEPT PLAT: OVERTOWN VILLAS SECTION 2, AMENDED.
RESOLUTION NO. 92-708
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED OVERTOWN VILLAS SECTION 22 AMENDED, A
SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF
THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
13 November 12, 1992
Y %-
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
--------------------------------- ----------- ----------------- __---------------
6. SUPPORT DEDICATION OF FORTHCOMING NEW BRICKELL AVENUE BRIDGE IN MEMORY
OF ROY F. KENZIE.
-------- -------------------------------....----____-_----_-----_------
Mayor Suarez: Item 1.
Commissioner Plummer: I don't understand what supporting the dedication but
not naming means.
Mayor Suarez: I guess it means that we have to get it to the committee. Is
that it?
Commissioner Plummer: I don't know. What does it mean?
Mr. Matthew Schwartz: It is bringing this to the Florida DOT (Department of
Transportation) and the State. It is dedicating in memory of. It is not
naming the bridge. It is just dedicating in memory of. There will be a
plaque placed on the bridge.
Mayor Suarez: But is this what we need to do finally, and to dispose of the
matter, or is there going to be another step? And why would this not ...?
Mr. Schwartz: There should be no other step from the City Commission.
Mayor Suarez: All right.
Mr. Schwartz: It is the State's determination.
Commissioner Plummer: Let me ask a question. Why? Why is it..? Did he
support this bridge? Or...
Mr. Schwartz: That was one of the things that Mr. Kenzie worked on at DDA
(Downtown Development Authority). The other thing...
Mayor Suarez: Remember, J.L., the bridge was going to be built, like every
other bridge in the history of the highway system, until Mr. Kenzie and a lot
of other people said why don't we try to have a design competition, and came
up with that magnificent design at a very low cost.
Commissioner Plummer: Is this...
Mayor Suarez: We didn't use an out-of-town architect like many many years ago
around here. Instead, you know, ended up with... And this was a great dream
of his.
Commissioner Plummer: But, Mr. Mayor, what I am saying is it will still be
known...
14
November 12, 1992
s-
11
11
Mayor Suarez: Yes.
Commissioner Plummer: .., as the Brickell Avenue Bridge?
Mr. Schwartz! Of course. Yes.
Commissioner Plummer: OK.
Mayor Suarez: That is a very important clarification. I just had another
one... Letter... One of these letters that you get where people say why do
we keep changing names, you know. We are not changing any names. We are
doing a special dedication. Commemorative and that doesn't change the maps of
the City or the plats or anything else. All right.
Commissioner Plummer: OK. Then I'll move item 1.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Call the roll, please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-709
A RESOLUTION SUPPORTING THE DEDICATION (NOT NAMING) OF
THE FORTHCOMING NEW BRICKELL AVENUE BRIDGE TO THE
MEMORY OF ROY F. KENZIE, AND URGING THE STATE OF
FLORIDA LEGISLATURE AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO TAKE THE NECESSARY ACTIONS TO
EFFECTUATE SAID DEDICATION; DIRECTING THE CITY CLERK
TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN
NAMED OFFICIALS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
15 November 12, 1992
,
--------------------------------- 7----------------- - -- --------- - -ate ------------
7. (A) ACCEPT BID: AERO TIRE COMPANY -- FOR TIRE RECAPPING AND REPAIR
SERVICES FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE / FLEET MANAGEMENT DIVISION.
(8) COMMISSIONER DAWKINS DIRECTS ADMINISTRATION TO IDENTIFY MINORITY
FIRMS SO THAT WORKSHOP CAN BE HELD TO TEACH THEM HOW TO BID ON
CITY CONTRACTS.
--------------------------------------------------------------------------.----
Mayor Suarez: Item CA-6. Commissioner Dawkins had a question.
Commissioner Dawkins: Which one?
Mayor Suarez: CA-6, Commissioner.
Commissioner Dawkins: Item six. Every year I go through this and I look at
the bid sheets, and I don't see what I ask that we have each year, and I just
want to know why is it that I have to constantly ask, request, beg, and demand
that some companies if they don't apply, why is it that we don't go find them?
I don't understand it. And I am not going to say any more than that because
everybody knows what I am talking about. I have been saying this for as long
as I have been here.
Mr. Ron Williams (Assist. City Manager): Commissioner Dawkins, 1f I may.
Commissioner Plummer: One of these days you are going to listen. Excuse me,
Ron.
Mr. Williams: Uh-huh.
Commissioner Plummer: One of these days you are going to listen to me when I
keep telling you the problem is in the bid process. OK? The bid process is
wrong. Coupled with the City of Miami traditionally is slow pay. Minorities
have a cash flow problem, which is they can't afford to do business with a
slow pay organization. You can't ask motorcycle people to bid on a motorcycle
when they take the bids out of the back of the Harley book, and that is the
kind of thing, the example that I used continuously, people don't bid because
they don't want to get involved, or they can't. And I am tell you, I have
said it, I continue to say the problem is in the bidding process.
Commissioner Dawkins: J.L., you could be... I mean you are right because it
says here Goodyear CTSC. What does that mean to me?
Commissioner Plummer: How about the Orange Bowl with Sherwin Williams number
10368E paint. Now, you know, how many people besides Sherwin Williams sell
that paint? And you expect a bid. Was it any wonder that all six bidders
used the same painting company, and the bids were, what, five hundred
thousand, six hundred thousand dollars by the same contractor? The process
has to be changed. If you ever want, just take like I have done on any number
of occasions, go and call people and ask them why they didn't bid. They will
tell you. They are not going to tell you in public, but they will tell you
over a phone.
16 November 12, 1992
Commissioner Dawkins: And I don't understand the bid sheet. You say the tow
person is low but yet when I look at the bid the low person is $16.49, and the
person you didn't award it to is $15.00. When I look at the other one the
person is $18.00, and the one you awarded it to is $16.49. Then 1f I go over
to another column 1t is $15.00, $16.49, $16.00, I mean, I don't understand how
the figures on here are low. The one you gave it to the figures are high, and
I am told it is given to the low bid. I don't understand it.
Mr. Williams: Well certainly, Commissioner Dawkins, we are prepared to either
sit with you or respond to your questions now. With regards to your first
question you certainly have advised us, on many occasions, to identify vendors -
so the entire community can participate. You will notice that in excess of _
fifty percent (50%) of the vendors that receive the bid document itself were
minority vendors at all levels. We think that we have made an aggressive
effort. We think that particularly when it relates to black vendors we have
made an effort to go out and identify, as you will see, we have even
identified vendors that have not, or at least a vendor, that had not been
registered with us, and were able to get four vendors to submit the bid
package to. Commissioner, we are wilting to work with you continuously on it.
We have gone out and identified vendors. We ask people why they don't bid. —
The reasons are varied. It is just so much that we can do in terms of
causing...
Commissioner Dawkins: OK. I will tell you what.
Mr. Williams: ... vendors to respond to our bid documents.
Commissioner Dawkins: OK. I tell you what, Mr. Williams. And I can't work
against you; I must work with you. How urgent is this?
Mr. Williams: Certainly we think that we need to award it, but in order that
you are able to see where we are trying to go, and help us accomplish some of
your objectives we can...
Commissioner Dawkins: OK. I make a motion...
Mr. Williams: ... work with you and defer it.
Commissioner Plummer: Second.
Commissioner Dawkins: I make a motion that this Commission allow me to
identify ten... Five females, five black and five Latin small people dealing
with tires, and that we have a two day workshop explaining to them how to bid
and what to bid on this, and that it be put out to rebid, and then see how
they come in.
Mayor Suarez: So moved. Of course, there is no indication that any of the
people that we have participate in the seminar will, in fact, receive any of
the bids. Simply...
Commissioner Dawkins: No. No, sir.
17 November 12, 1992
0
r]
Mayor Suarez: ... they will get training. And the training, I think, has to
be made generally available but, obviously, we know that we are gearing
towards that particular group.
Commissioner Dawkins: That is right. When I make... No. No one will be
given it because... They would have to be the low bidder, but at least I will
know they know the process of what they are bidding on and how to bid.
Mr. Cesar Odio (City Manager): Commissioner, let me tell you what happened
with recapping. They pick up the tires, and if they don't have those machines
to recap they have to send it to Goodyear or some place else. They have to
pay... That 1s why they don't bid.
NOTE FOR THE RECORD: Commissioner De Yurre entered
he meeting a a.m.
Commissioner Plummer: Service contract.
Mr. Odio: They don't
bid not because we pay slow. They have to pick up
the
tires. They have to contract with Goodyear
or somebody else.
Commissioner Dawkins:
OK. Why don't you
put all... Why am I not told
this
then?
Mr. Odio: Well, I am
sorry.
Commissioner Dawkins:
That the reason...
I mean, you know...
Mr. Odio: You should
be told that because
recapping is not...
Commissioner Dawkins:
Because 1f I am told
that then I know...
Mr. Odio: Very few
people can recap because they need machines that
are
special.
Commissioner Dawkins:
Yeah. But if I am a
small businessman...
Mr. Odio: Yeah that is...
Commissioner Dawkins:
... and I know that
recapping is a business where
the
City has it done...
Commissioner Plummer:
You can go into the
business.
Commissioner Dawkins: ... Coral Gables has it done, Dade County has it done,
the State of Florida recaps tires, then it is worth my investment as a
minority if I am going to get a share of this business, to become involved...
And get the machinery and the equipment that is needed. But I cannot buy the
equipment to do the work if I don't get the work.
Mr. Odio: You are right.
18 November 12, 1992
Commissioner Dawkins: When is the next tire bid going out? I mean when do
you go out for all the tires, Mr. Williams?
Mr. Odio: Let me suggest something.
Commissioner Dawkins: Yes, sir.
Mr. Odio: This one is a one year contract with an extension of two years.
Just give it one year if you want to, and...
Commissioner Dawkins: OK. All right. I will... Let me recap my motion and
say this. Mr. Williams, I will arrange some people provide me with the bid
that you put out for purchasing and servicing of all tires in the City of
Miami. Give me 12 packages of what you have already put out. That was bid on
the last time, and I will identify the people, and have them come to a
workshop, and let them understand the procedure so that when the next one is
put out they can bid on it. Reluctantly, I move 6.
Mayor Suarez: Moved reluctantly...
Vice Mayor Alonso: Second.
Mayor Suarez: ... and seconded reluctantly. Any discussion? If not please
call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-710
A RESOLUTION ACCEPTING THE BID OF AERO TIRE COMPANY
FOR THE FURNISHING OF TIRE RECAPPING AND REPAIR
SERVICES ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS AT A PROPOSED ANNUAL AMOUNT OF $80,000 FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE/FLEET MANAGEMENT DIVISION; ALLOCATING
FUNDS THEREFOR FROM THE 1992-93 OPERATING BUDGET,
ACCOUNT CODE NO. 420901-670; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE PURCHASE ORDERS FOR THIS SERVICE AND THEREAFTER
TO EXTEND THIS CONTRACT FOR TWO (2) ADDITIONAL ONE (1)
YEAR PERIODS, AT THE SAME TERMS, PRICE AND CONDITIONS,
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
19 November 12, 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.
ADSCNT: None.
Mayor Suarez: Item...
Vice Mayor Alonso: Yes, Mr. Mayor, I...
Mayor Suarez: Yes.
Vice Mayor Alonso: ... have a question for Mr. Williams. Yes, Mr. Williams,
you remember some time ago when we instructed you to conduct several seminars
so that we approach the minorities. You informed us that you had, in fact,
carried on some of those. What has been the result?
Mr. Williams: The result in terms of responses, Vice Mayor, I would say have
been pretty good. I really can't say, at this point, that we have been able
to drastically increase our percentages. We continue to work at it. We got a
lot of participation in those sessions, but I think it would probably take a
full year to really see the full results of those efforts, and certainly work
with the Commission. We are prepared to do that again.
Vice Mayor Alonso: OK. Since I instructed you on that measure, and the
Commission, of course, supported the idea, I would like for you to meet with
me next week and explain to me, and give the information. How many people
attended, and some more information. I have seen changes, improving from what
we had, let's say, a year before. So, we have seen some benefits. I would
like to see if this has also helped in some way. I would like to go over it
in detail.
Mr. Williams: We will call your office and make an appointment.
Vice Mayor Alonso: Thank you. Mr. Mayor...
Commissioner Dawkins: On eight.
Vice Mayor Alonso: ... on item 10...
Commissioner Dawkins: No. I pulled eight, please madam.
Vice Mayor Alonso: Eight too?
Commissioner Plummer: Eight?
Commissioner Dawkins: No. OK. Let it go. I think I pulled it so I will
move it. It is just in case...
Vice Mayor Alonso: Eight.
20 November 12, 1992
E
Commissioner Plummer: No it wasn't pulled.
Vice Mayor Alonso: No. It was not...
Commissioner Dawkins: No problem.
w`----rrrrrr---- r.r--------rrw--r----r---- .--- --------------r----:`-----
8. DEFER CONSIDERATION OF PROPOSED RESOLUTION TO ACCEPT BID FROM FIREARM
TRAINING SYSTEMS, INC. FOR FURNISHING OF FIREARMS / DEADLY FORCE
TRAINING VIDEO FOR. POLICE DEPARTMENT.
Commissioner Plummer: The next one was ten.
Vice Mayor Alonso: Ten.
Commissioner Dawkins: OK. Ten.
Commissioner Plummer: Mr. Manager, on item 10, this video for the Police
Department for $81,000. We spent, what was it, a half a million dollars on
the suppression, and we have it set up. Has any committee... I remember a
committee was formed to address the issue with the suppression because I was
one of the committee that went up to Flint, Michigan to see it. The spending
of $81,000 for an additional machine.
Lt. Joseph Longueira: Sir, the current machine, the one that we bought that
you are talking about from September Associates, that hasn't worked since
1984, sir. The company went out of business. There is no way for us to get
that thing working. It was very limited in how you could use it. This is...
Commissioner Plummer: That is funny. The Police Department, and the Police
Chief in particular, recommended it.
Lt. Longueira: Well, sir, I remember that situation very well, and I don't
know if it was clearly that finely cut, that is was that recommended by us.
Commissioner Plummer: Well, it was the Justice Department who recommended it
after a disturbance. We all remember that very very well.
Lt. Longueira: I think they recommended something, yes. At this time we
still need a simulator type of instrument. This one works very well and
allows branching for different types of scenarios.
Commissioner Plummer: Joe, my concern is the same here as it was for the
other one. This is one cost. We wound up with a building, we wound up with
all kinds of personnel, we wound up with all kinds of other expenses.
Lt. Longueira: There will not be that with this, sir.
Commissioner Plummer: Where will it be used?
21 November 12, 1992
Lt. Longueira: At the David Herring site, sir.
Commissioner Plummer: Is it possible to see this unit?
Lt. Longueira: Yes. The other thing that this thing does that of particular
interest is it allows you to make decisions, but it also records if you hit
the target or not, and this is important in training. A lot of times you make
the decisions, you shoot, but you hit somebody else that you shouldn't be
hitting.
Commissioner Plummer: What other major city, to your knowledge, has one?
Major Gwen Boyd: What we can do, if the Commission would like, is to
coordinate a visit...
Commissioner Plummer: For the record your name.
Major Boyd: Oh, I am sorry. Major Gwen Boyd, Personnel Resource Management.
We could coordinate a visit to the Police Academy where one of the systems is
set up, and give you an opportunity to experience it.
Commissioner Plummer: The Police Academy where?
Major Boyd: The Miami Dade Community College North Campus.
Commissioner Plummer: Well, if there is one there, why are we buying another
one?
Major Boyd: Because we do not have one hundred percent (100%) access to that
particular equipment.
Lt. Longueira: That is just for recruit training.
Commissioner Plummer: Excuse me. Does Dade County have one?
Major Boyd: Yes, Metro Dade also has one, but they send their people to it,
and its priorities, of course, is given to their people.
Commissioner Plummer: I would like to see it. That is all I can say, Mr.
Manager.
Major Boyd: We will be glad to set up a trip for you.
Commissioner Plummer: I would ask that it be deferred until the next meeting,
and then I can go out and look at it. At least I don't have to go to Flint,
Michigan, and get snowbound again. I'll move, Mr. Mayor, that it be deferred
until, Madam Vice Mayor, till the next meeting.
Commissioner Dawkins: Second.
Commissioner Plummer: Oh, no. Victor is not the Vice Mayor until the first
meeting in December.
A. Quinn Jones III, Esq. (City Attorney): December. December first. Noon...
22 November 12, 1992
Commissioner Plummer: My condolences.
Mr. Jones: At noon December first.
Mr. Cesar Odio (City Manager): High noon.
Commissioner Plummer: Shoot out at OK Corral.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-711
A MOTION TO DEFER AGENDA ITEM CA-10 (PROPOSED
RESOLUTION TO ACCEPT BID OF FIREARM TRAINING SYSTEMS,
INC. FOR FURNISHING OF FIREARMS/DEADLY FORCE TRAINING
VIDEO FOR THE POLICE DEPARTMENT) TO THE MEETING
SCHEDULED FOR DECEMBER 10, 1992, TO ALLOW INSPECTION
OF THE POLICE ACADEMY FACILITY BY INTERESTED MEMBERS
OF THE CITY COMMISSION.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Mayor Xavier L. Suarez
Vice Mayor Alonso: I get the impression that you also pulled item 9.
Commissioner Plummer: No. I did and reinstated nine.
Vice Mayor Alonso: reinstated nine.
Commissioner Plummer: Yeah. I had got my answers and I forgot...
Vice Mayor Alonso: OK. So the next one is 11.
Commissioner Plummer: Eleven.
Mr. Odio: That was withdrawn.
Vice Mayor Alonso: I beg your pardon?
Mr. Odio: We withdrew that.
Vice Mayor Alonso: Which one?
23
November 12, 1992
�ry
-`•
4
Commissioner Plummer: It was?
Mr. Odio: CA-11.
Vice Mayor Alonso: CA41?
Commissioner Plummer: OK.
9. DEFER, FOR FURTHER INFORMATION, CONSIDERATION OF PROPOSED RESOLUTION
DECLARING MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN CITY OWNED
WATERFRONT LAND IS BY UDP AND AUTHORIZING MANAGER TO PREPARE AN RFP FOR
A UDP CONCERNING: (a) IMPROVEMENTS TO SAILING CLUB WATERFRONT PROPERTY
AT WATSON ISLAND KNOWN AS "MIAMI YACHT CLUB"; AND (b) IMPROVEMENTS TO
THE MOTORBOAT PROPERTY AT WATSON ISLAND KNOWN AS THE "MIAMI OUTBOARD
CLUB."
------------------------------------------------------------------------------
Vice Mayor Alonso: OK. Then CA-12.
Commissioner Plummer: Twelve somebody pulled.
Vice Mayor Alonso: Yes. I think it was Commissioner Dawkins.
Commissioner Dawkins: I pulled 12 and 13.
Vice Mayor Alonso: Yes. CA-12 Commissioner Dawkins. Twelve and thirteen,
related items.
Commissioner Dawkins: I see where you say you are going to put out an RFP
(Request for Proposals).
Mr. Jack Luft: Yeah.
Commissioner Dawkins: Section 1 on page 2 says it is most advantageous for
the development and improvement to the sailing club waterfront property at
Watson Island, known as the Miami Yacht Club, that the City procure from a
private source the following integrated package, planning and design,
construction, leasing and management. Is that going to say what the bottom
line the City will accept, and what is going to be the cost of whatever is
done to the sailing club, and how will it be paid? Will that say that?
Mr. Luft: Yes. The RFP (Request for Proposals) will spell out, precisely,
what it is we want to happen there, which is, basically...
Commissioner Dawkins: It doesn't... But it is not in this document.
Mr. Luft: No. This is authorizing us to draft the RFP. We will come back
December loth with the actual language of the RFP for you to authorize us to
issue.
Commissioner Plummer: Who gave you what direction to come back with?
24 November 12, 1992
Commissioner Dawkins: That is all I am asking.
Mr. Luft: Well, that is what we are here for today. We are asking your
permission.
Commissioner Plummer: Oh. So you, at this point, have no ideas as to what
direction this Commission wants to go.
Mr. Luft: Well, we are proceeding according to the Watson Island Plan which
is Commission adopted in principle, which was to retain the basic character of
the clubs, the intent of what they do there, which is... Of what the Yacht
Club to operate a recreational facility for sailing vessels solely, and for
the Outboard Club to do the same with motor powered vessels. We are trying to
continue what we have there...
Commissioner Plummer: You are aware that the island...
Mr. Luft: ... but we have no leases.
Commissioner Plummer: You are now aware that the island is overrun by
homeless?
Mr. Cesar Odio (City Manager): No it is not. We took care of that.
Commissioner Plummer: Excuse me, sir, I was there yesterday and you are
incorrect. OK?
Mr. Odio: We have removed all the tents.
Commissioner Plummer: Just for you information they have moved into, and are
M1 living inside the fenced area known as Japanese Gardens. When you ran them
out you did run them from a waterfront site to the Japanese Gardens, and they
are inside of there, sir.
Mr. Odio: Excuse me. What we took out was all the tents that had gone up.
Commissioner Plummer: Sir, they are back as of yesterday afternoon.
Mr. Odio: Tents?
Commissioner Plummer: Yes, sir. Tents. Lean-tos and tents...
Mr. Odio: But you have got to... Let me...
Commissioner Plummer: ... exist on the very northwest corner of the building
of the island.
Mr. Odio: Let me remind you that we cannot remove the homeless.
Commissioner Plummer: Sir, I am bringing that out simply because of an RFP.
Mr. Odio: Fine that may be the only...
25 November 12, 1992
Commissioner Plummer: No. Let me tell you what I am trying to tell you. I
am trying to tell you that if I was to be a bidder of any kind, I would be
concerned about the homeless on the island at this particular time. OK?
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Yeah. Hey. Go into
Japanese Gardens they are all inside of there now. You have got them...
Mr. Odio: We went in there...
Commissioner Plummer: They have got their own security system.
Mr. Odio: We have gone in there twice and we removed the tents.
Commissioner Dawkins: I move that this be deferred until I can sit down and
get an understanding of what... Where they are headed and why.
Mr. Luft: Commissioner...
Commissioner Plummer: We11 I would second the motion with, hopefully, that
this idea that Mr. Luft, or the department in particular, could send us a few
of their thoughts of what they think should be there so that when we do
discuss what is going to go in the RFP, that we will have something to talk
about which we don't today.
Mr. Odio: Well, we will send you a copy of it.
Commissioner Dawkins: I'll accept that as an amendment to the motion.
Mr. Odio: We will send you a copy of the master plan you approved.
Commissioner Dawkins: No, no, no. Don't send me a copy of the master plan.
Tell me what you plan to do with the master plan.
Mr. Luft: I will come and speak to you, sir.
Vice Mayor Alonso: Yes. I think that is a fine idea, and also I think it is
important even though CA-11 is no longer in front of us, today, it does refer
to Watson Island as well, and it was a lease, a three year lease...
Mr. Odio: No. But this...
Vice Mayor Alonso: ... so I think we have to look... This is for two
parcels.
Mr. Odio: The Watson Island... The bridge is going to be under construction
for three years...
Vice Mayor Alonso: Exactly.
Mr. Odio: ... and they asking for a place to place their construction
materials and trailers.
Vice Mayor Alonso: For three years.
Ir
26 November 12, 1992
Mr. Odio: Until the bridge is finished. Until that bridge is finished that
j place is going to be a mess anyway.
Commissioner Plummer: it is a mess now.
Mr. Odio: Well, it will get worse.
Vice Mayor Alonsot Yes, but since we are talking about, you know, item 10, 12
and 13 and somehow they relate.
Mr. Odio: No. They don't.
Vice Mayor Alonso: I think it 1s important that we look at the entire
package.
Mr. Luft: Fine. At your convenience I will be glad to meet with each of you
and discuss this.
Commissioner Plummer: No. I don't want you to meet with me. I want you to
send me a paper...
Mr. Luft: OK.
Commissioner Plummer: ... telling some of the ideas that you might have that
you think are good ideas...
Mr. Luft: Right.
Commissioner Plummer: And we will look at that so when we meet again we can
formulate something in that area.
Mr. Luft: Very simply, Commissioner, there are no leases on the island, and
in order to get a lease for those clubs this is what we need to do. We are
just trying to continue what has been going on there since 1947.
Commissioner Plumper: Fine.
i
Mr. Luft: That is all we are trying to do. This is a procedure that we have
to follow.
Commissioner Dawkins: And I move that 13 be continued under the same idea
that they need...
Commissioner Plummer: Second.
Vice Mayor Alonso: Second.
Mayor Suarez: So moved and seconded. Any discuss? Do we have a pending
motion, Madam City Clerk? Can we take it together with this one?
Ms. Matty Hirai (City Clerk): We can take it together, sir, if you want.
Mayor Suarez: All right. Thank you. Call the roll.
27 November 12, 1992
The following motions were introduced by Commissioner Dawkins, who moved
their adoption:
MOTION NO. 92-712
A MOTION TO DEFER AGENDA ITEM CA-12 (PROPOSED
RESOLUTION DECLARING MOST ADVANTAGEOUS METHOD TO
DEVELOP IMPROVEMENTS ON CITY -OWNED WATERFRONT LAND IS
BY A UDP, AT THE "MIAMI YACHT CLUB" WATERFRONT
PROPERTY): FURTHER DIRECTING THE MANAGER TO SUBMIT
SUBSTANTIVE INPUT AS TO IDEAS WHICH COULD BE
INCORPORATED ON THE RFP PRIOR TO THE NEXT COMMISSION'S
DISCUSSION ON SAID ISSUE.
MOTION NO. 92-712.1
A MOTION TO DEFER AGENDA ITEM CA-13 (PROPOSED
RESOLUTION DECLARING MOST ADVANTAGEOUS METHOD TO
DEVELOP IMPROVEMENTS ON CITY -OWNED WATERFRONT LAND IS
BY A UDP, AT THE MOTORBOAT PROPERTY AT WATSON ISLAND
[THE "MIAMI OUTBOARD CLUB"]); FURTHER DIRECTING THE
MANAGER TO SUBMIT SUBSTANTIVE INPUT AS TO IDEAS WHICH
COULD BE INCORPORATED ON THE RFP PRIOR TO THE NEXT
COMMISSION'S DISCUSSION ON SAID ISSUE.
Upon being seconded by Commissioner Plummer, the motions 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.
10. ESTABLISH SPECIAL CHARGES, TERMS AND CONDITIONS FOR USE OF ORANGE BOWL
STADIUM BY PREMIER ENTERTAINMENT, INC. -- FOR PRESENTATION OF A
HURRICANE RELIEF CONCERT.
Mayor Suarez: I take it we are on item 15?
Vice Mayor Alonso: Yes.
Commissioner Plummer: Yes.
Mayor Suarez:
Commissioner Plummer, clarification on 15.
28 November 12, 1992
3
Commissioner Plummer: Is the group here that is asking for these charges,
special charges, terms and conditions?
Mr. Max Cruz: No, they are not, Commissioner.
Commissioner Plummer: I don't have a budget. Do you have a budget?
Mr. Cesar Odio (City Manager): This is a net revenue to the City of $171,000,
Commissioner Plummer: I am sorry?
Mr. Odio: This concert will provide... It is a revenue producer, and will
provide a net revenue to the City of $171,000 estimated.
Commissioner Plummer: That is guaranteed?
Mr. Odio: It is estimated $171,000.
Commissioner Plummer: Well, what's... You know, I am beginning to get a
little concerned, Mr. Manager, that everybody and their brother are now trying
to put something under the name of Andrew Relief Fund.
Mr. Odio: No. We hrtve always... When we have concerts... Every time we
have had a concert, whether relief or not, we have come back here with... You
have to have a special rate for a concert.
Commissioner Plummer: OK. But... So there is no pretense. We are not doing
this then for Andrew relief.
Mr. Odio: No it is not. It is a profit to the Orange Bowl, over $171,000
estimated.
Commissioner Plummer: OK. You read the agenda as I did, which you put
together, and it talks about of a hurricane relief concert.
Mr. Odio: It is.
Commissioner Plummer: OK? And I am just wondering, and I want to make sure
that I don't pick up a paper in three months and see where all the money did
not go where it was intended to go. You follow what I am saying? That is why
I asked who controls the cost. But you are telling me the City's only
involvement is, is a... That we are a landlord.
Mr. Odio: Well, we get a flat fee of $15,000.
Commissioner Plummer: But we are not involved in any waiving of any fees for
a relief?
Mr. Odio: No. We are no...
Commissioner Plummer: OK. That is fine. I will move 15.
Mayor Suarez: So moved.
29 November 12, 1992
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption%
RESOLUTION NO. 92-713
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL
CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE
ORANGE BOWL STADIUM BY PREMIER ENTERTAINMENT, INC. FOR
THE PRESENTATION OF A HURRICANE RELIEF CONCERT TO BE
HELD ON DECEMBER 12, 1992; AUTHORIZING THE CITY
MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, FOR SAID PURPOSE, SUBJECT TO THE
ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN
THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by 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.
11. SUPPORT, IN PRINCIPLE, PROPOSAL BY EXOTIC MEMORABILIA, INC. -- FOR
PRESENTATION OF A JOSE CANSECO HURRICANE ANDREW BENEFIT SOFTBALL GAME AT
THE ORANGE BOWL STADIUM. (See label 23)
------------------------------------------------------------------------------
Mayor Suarez: Do you want to put anything into the record? I mean as to the
people, Claire, that might be involved or...
Ms. Claire Tacher, Esq.: That is not mine.
Mayor Suarez: Oh. I saw Max get up there. All right. I am sorry. We will
be getting to yours. What is yours? Max, what is her item?
Mr. Max Cruz: Her item... Mayor, this is Max Cruz from the Orange Bowl. Her
item is not on the agenda. She was hoping for a pocket item this morning. It
is dealing with Jose Canseco.
30 November 12, 1992
Mayor Suarez: The emergency item?
Commissioner Plummer: Pocket items come up after the last agenda item. Are
we on that?
Vice Mayor Alonso: In reference to the Orange Bowl?
Mayor Suarez: No. I do... Yeah. I do want, however, because this is a
pretty unusual one to beg your indulgence on this. I very seldom do this. I
don't know if, Commissioner, if you have been involved in it too, but I am
certainly aware of the offer by a group of major league players to stage a
benefit, and this is one that the City of Miami, hopefully, will receive a
little bit more of the credit than some of the other ones that have taken
place; no disrespect to any of the other ones. It would be held at the Orange
Bowl and it would involve...
Commissioner Plummer: What are you talking about?
Mayor Suarez: ... as a principal proponent, Mr. Jose Canseco, in a baseball
game. All right. Ms. Tacher.
Commissioner Plummer: I am sorry. I don't know what you are talking about.
Mayor Suarez: OK. She 13 going to tell you in a second, please.
Ms. Tacher: I am sorry. Claire Tacher. I am the attorney for Jose Canseco.
Commissioner Dawkins: Pull the mike down please.
Mayor Suarez: Just pull it down a little bit.
Commissioner Dawkins: Thank you.
Ms. Tacher: Claire Tacher. I am the attorney for Jose Canseco. Mr. Canseco
would like to hold a benefit softball game for the victims of Hurricane Andrew
at the Orange Bowl on February 6, 1993 at 7:30 in the evening. The game will
consist of major league baseball players who have already given their
commitment to come down and participate in the game. There are many corporate
sponsors who are underwriting a lot of the costs of the event. I have already
spoken with City officials who need to waive fees. They have all waived fees
as far as police.
Mayor Suarez: We do that. We do that. They don't do that.
Ms. Tacher: OK.
Mayor Suarez: Today may, or may not, be the appropriate day for that but I
don't know what exactly you would need from us today except a resolution of
support for the general concept. As to the waiver of fees we may have to
discuss that further. 1 don't know that that is an emergency item. That that
needs to be done today.
Ms. Tacher: OK.
31 November 12, 1992
Mayor Suarez: Max, have you apprised the Manager and his staff? Are they
recommending this, Mr. Manager?
Commissioner Plummer: He is over here scratching his head.
Mayor Suarez: OK. Why don't we give you a resolution of support unless,
Commissioner De Yurre, you have analyzed it and have a stronger recommendation
than that, and we have time before February, Claire, and we certainly don't
want to discourage this because it sounds like a great idea.
Commissioner De Yurre: I believe that, Mr. Mayor, that certainly the concept
is something that should be supported by this Commission and the City as a
whole, and whatever they need from us we should be in a position to help them
out. We may not be in a position right now to analyze exactly what these
costs are, and we can revisit that at the December meeting, or before the
actual event takes place. But I would certainly propose, and make a motion of
support, in principle, for this effort into a system in any which way we can.
Mayor Suarez: Very good. So moved.
Commissioner Plummer: Second.
Mayor Suarez: Second. Any discussion? If not please call the roll. You are
a couple of months away, and maybe one important procedural step away from
getting all the approvals, but certainly a symbolic support. Still no
waivers, OK?
Ms. Tacher: I understand. The only problem is is that we are putting tickets
on sale...
Mayor Suarez: OK.
Ms. Tacher: ... and that is our...
Mayor Suarez: Is that why you are here on an emergency basis?
Ms. Tacher: That is correct. That the tickets will be going on sale within
the next 10 days. If the...
Mayor Suarez: OK. You cannot wait for our December meeting?
Commissioner De Yurre: What does the tickets have to do with our...
Commissioner Plummer: Nothing.
Commissioner De Yurre: Whatever future decision we have as far as waiving
fees?
Ms. Tacher: Well, it does have something to do because if... Most of the
funds are not going to be going to some type of relief, and we do have to pay
substantial fees. There is a question as to whether or not we would go to
another stadium.
32 November 12, 1992
Commissioner be Yurre: OK. How much are we talking about as far as fees.
Just.., Do you have an idea 1f it makes it or breaks it?
Commissioner Plummer: Excuse me. I want you to know I am not going to vote
on this today without a budget. I have got to know what are the expenses.
Here, again, I am concerned about everybody jumping on a bandwagon of relief
for Andrew. I think most all people's intentions are honorable, but I don't
want to have anything kick back later on to say the Mr. JXYZ went northbound
with all of the funds, and nothing was left, and there are people in south
Dade that didn't get a tootsie roll.
Ms. Tacher: I agree. We have been working closely with Habitat for Humanity.
They are going to be receiving the funds, and they are going to be rebuilding
with them. The funds will be closely monitored to make sure the houses are,
in fact, rebuilt, and they will be rebuilt by Habitat for Humanity.
Commissioner Plummer: That is fine, and I am sure that that is the designated
charity, but I don't have any idea of what the expenses are. You know, do you
have to pay for these bail players to fly down here? Have you got to put them
up for a week? I think we need, we, the Commission, if you are asking us to
be a subsidizer, which we would be, we need a budget. I have got to know what
the cost factors are, and I think to ask us to vote otherwise is completely
out of line at this point.
Vice Mayor Alonso: Yes, I am surprised that the Manager had no information
about this item. The rest of the Commission we had no idea what was
happening, and through the Awareness Program I wish I had been told.
Mr. Cruz: Well, this program was put recently... It is in the hands of the
Law Department at the present time, and it was going to go to the Commission
on the next Commission meeting, however, she was concerned that not getting
the Commission approval beforehand, putting the tickets on sale, having a
press conference tomorrow when Jose Canseco will be in, that she would have
some problems. Now, as far as the stadium. The waiver that she was
requesting was the rental of the stadium, and the ticket surcharge.
Commissioner Plummer: Ah, no. No, no, no.
Vice Mayor Alonso: Let me make a recommendation. Why don't we table this
item.
Mayor Suarez: Yeah. Max, let's do this.
Commissioner Plummer: I pay the ticket surcharge, everybody else does.
Vice Mayor Alonso: You discuss this with the Administration...
Mayor Suarez: Yeah. Rather than defer it...
Vice Mayor Alonso: ... and come back with something more...
Mayor Suarez: Rather than defer it because there is so many...
Vice Mayor Alonso: Yes.
33
November 12, 1992
MR,
*4
Mayor Suarez: ..e voids here...
Commissioner Plummer: I pay it at the Budweiser.
Mayor Suarez: ... and, Claire, tabling it would mean that we would have a
shot at...
Commissioner Plummer: At Marine Stadium I pay the surcharge.
Vice Mayor Alonso: It will come back a little bit later...
Mayor Suarez: Right.
Vice Mayor Alonso: ... today.
Mayor Suarez: In fact, most of these items we are trying to take at the end
of the morning, not at the beginning of the morning, and I had no idea when I
saw you here that the item was going to come up, although I am generally aware
of the proposal.
Commissioner Plummer: Isn't there a prohibition against eliminating the
surcharge?
Mayor Suarez: Why don't we table it until the end of the morning, and maybe
even the beginning of the afternoon session. Some of the Commissioners you
can, perhaps, try to grab around lunch time. I am not saying that you
necessarily have to pay their lunch, but they do need to know a little bit
more about the implications that the fee for the stadium itself is not as much
of a problem because many of us, philosophically, understand that to be
something that we wouldn't otherwise earn anyhow, if there was no other event
that night. Some of the other surcharge, and any other things that you might
need are a little bit more problematic, and the Manager should be fully
apprised of that. Max, make sure that you get all of those ducks in order,
and maybe we can take action a little bit later on this morning, or at the
beginning of the afternoon.
Commissioner Dawkins: In fact, I suggest, Max, that you, the lady, and the
Manager go to lunch and charge it to the Mayor's budget.
Mayor Suarez: Yes. You got it. We do have a motion on the floor of support,
and I think we may as well get that voted on if you would, because that does
not imply, yet, any of the mechanics that are needed, but it helps.
Commissioner Plummer: One step ahead.
Mayor Suarez: Right.
34 November 12, 1992
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 92-714
A MOTION OF SUPPORT, IN PRINCIPLE, FOR THE
PRESENTATION OF A JOSE CANSECO HURRICANE ANDREW
BENEFIT SOFTBALL GAME TO BE HELD ON FEBRUARY 6, 1993,
AT THE ORANGE BOWL STADIUM, SPECIFIC COSTS FOR WHICH
EVENT SHALL BE DISCUSSED AT THE MEETING PRESENTLY
SCHEDULED FOR DECEMBER 10, 1992.
Upon being seconded by Commissioner Plummer, 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.
------------------------------------------------------------------------------
12. AUTHORIZE MANAGER TO APPLY FOR GRANT ($120,000) FROM METROPOLITAN
PLANNING ORGANIZATION -- FOR PURPOSES OF TRANSPORTATION PLANNING AND
COORDINATION ACTIVITIES.
Mayor Suarez: All right. I am sorry. I thought the item was a little bit
more ready than that. OK. CA-16.
Commissioner Dawkins: CA-16. Is Mr. Rodriguez here? OK. On page one of the
letter, item 5, it says, "related transportation project proposals to the City
neighborhood, under the Neighborhood Enhancement Team Program, providing
additional opportunities for citizens' input on transportation proposals, and
support for vital improvement." What does that mean?
Mr. Joe McManus: Well, for example, there has been concern expressed in the
past on the traffic on Charles Avenue, in Coconut Grove. Whether there is
some way of having a one way for the first 200 feet on Charles. This would
give us an opportunity of working with the folks in NET (Neighborhood
Enhancement Team), and the citizens, and, again, looking at that traffic on
Charles Avenue with the idea of trying to eliminate through traffic on
Charles.
Commissioner Dawkins: Am I hearing that the money will be used to hire
consultants who will sit down and figure this out, or what is it saying? I
mean we are accepting $130,000, and then I see this which vaguely states what
you have said is needed, but it don't tell me how you are going to do it.
35 November 12, 1992
Commissioner Dawkins: Well, how... OK. I... Thanks. Well then...
Mr. McManus: Intention to use staff.
Commissioner Dawkins: Well, who 1s going to meet with the citizens to
professionally determine what is to be done?
Mr. McManus: It will be people on staff. For example, Clark Turner.
Commissioner Dawkins: All right. Then if it is the people on staff who are
going to do it, what do you need with the $130,000?
Mr. Cesar Odio (City Manager): What you do is you take that money and relieve
the general fund from having to pay that particular planner or planners. You
are relieving the general fund.
Commissioner Dawkins: Thank you. That is all I needed, Mr. Manager. Thank
you. Move it.
Mayor Suarez: Move the item CA-16.
Vice Mayor Alonso: Second.
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. 92-715
A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR
A GRANT IN THE AMOUNT OF $120,000 FROM THE
METROPOLITAN PLANNING ORGANIZATION FOR THE MIAMI
URBANIZED AREA FOR THE PURPOSES OF TRANSPORTATION
PLANNING AND COORDINATION ACTIVITIES IN THE CITY OF
MIAMI, FLORIDA ("CITY"), SAID GRANT TO BE MATCHED BY
CITY FUNDS IN THE AMOUNT OF $30,000.
(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:
36 November 12, 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.
-- ----- ----- ----- --------------------------------------------
13. CLAIM SETTLEMENT: ALICIA MARILL ($80,000).
Mayor Suarez: I believe the last item for clarification is CA-17.
Commissioner Plummer.
Commissioner Plummer: Sixteen.
Vice Mayor Alonso: Sixteen we just did.
Commissioner Plummer: Seventeen. I am sorry. Mr. Mayor, I pull 17. Eighty
thousand dollars, and I just don't see the justification for $80,000. So that
is why I asked that it be brought out.
A. Quinn Jones III, Esq. (City Attorney): Well, first of all let me tell you
this. I think it is a very good settlement when he had over $60,000 in
medical. There is no doubt about the...
Commissioner Plummer: That was medical to also address a preexisting
condition...
Mr. Jones: Yeah.
Commissioner Plummer: ... which he had prior to the accident.
Mr. Jones: There is a thing in the law call the egg shell theory...
Commissioner Plummer: Oh.
Mr. Jones: ... that says that you...
Commissioner Plummer: Is that like humpty dumpty?
Mr. Jones: Yeah. That you take the claimant as you find him. There is no
doubt about the liability aspect. There is no basis for comparative on the
City's part. She had four different surgeries. Certainly we could go ahead
and try the case, but the case would be won just on the damages issue, and it
could very well exceed the amount of the settlement.
Commissioner Plummer: I guess it is always a possibility when you go to
court. I am not satisfied, Mr. Mayor. You all can go do what you want with
it.
37 November 12, 1992
Mayor Suarez: What was the... It was a rear -ending by...
Mr. Jones: By a police officer.
Mayor Suarez: What is the age of Ms. Mar11l?
Mr. Jones: She is sixty... Wait hold on one second.
Mayor Suarez: I know someone with that name but a lot younger. Maybe a
daughter.
Commissioner Plummer: I saw her age here somewhere.
Mr. Jones: She is 43.
Mayor Suarez: What is the impairment or physical damage?
Mr. Jones: To her wrist. Apparently she had what they call Lupis and
Rheumatoid condition in her wrist.
Commissioner Plummer: Prior to the accident.
Mr. Jones: Prior to the accident and, of course...
Mayor Suarez: Preexisting condition?
Mr. Jones: Yes. Of course the independent medical examination that we had
done, as well as...
Mayor Suarez: By whom? Who did it?
Mr. Jones: OK. It was a Doctor Carlos Azar.
Mayor Suarez: What is her profession? Is she a teacher?
Mr. Jones: She is a... She is employed by the Archdiocese of Miami as a
coordinator for missionary programs for poor children in the Dominican
Republic and Haiti.
Commissioner Plummer: Did she have surgery on the neck?
Mr. Jones: Yeah. She had... In addition to that, she had four surgeries on
both wrists.
Commissioner Plummer: No. On her neck.
Mr. Jones: On her neck.
Commissioner Plummer: She had had a previous surgery on her neck and her big
toe...
Mr. Jones: That is correct.
38 November 12, 1992
s
at
Commissioner Plummer: ... which, obviously, is now a part of the scenario.
Mr. Jones: The problem that you have, as I indicated to you, is that not
withstanding the injuries she had prior to the accident, the law is such that
when you are at fault, and you cause injury to a particular person, you take
the person as you find them, and the medical examination from the doctor has
indicated that the accident, the rear end collision, aggravated her condition
which necessitated further surgery. Again, there really is nothing to try
this case. The only thing this is is really a matter of damage control. If
you want me to go to trial on it and risk more than $100,000, because it...
This doesn't take into consideration pain and suffering.
Commissioner Plummer: Didn't I see in here that they had asked for $100,000?
Mr. Jones: I think initially they did.
Commissioner Plummer: Yeah.
Mr. Jones: Yeah.
Commissioner Plummer: So, obviously, it wouldn't exceed that, if that is what
they ask for.
Mr. Jones: Well, it could exceed a hundred thousand, yes.
Commissioner Plummer: OK.
Mayor Suarez: Are you absolutely sure of her employer being the Archdiocese
of Miami, not a nonprofit organization of...
Mr. Jones: Yes.
Mayor Suarez: If she is active... If she is the same person I am thinking
about. She is active in a group that I have done pro bono legal work for, and
still have active participation of my wife, and that is called Amor en Accion,
and they do things in the Dominican Republic.
Mr. Jones: Well she also teaches part time at Barry.
Mayor Suarez: OK.
Mr. Jones: Yeah.
Mayor Suarez: Would that pose any conflict? The fact that I may have done
some pro bono legal work?
Mr. Jones: No.
Commissioner Plummer: No. Pro bono doesn't give you any financial return.
Mayor Suarez: It doesn't sound like it but... They do good work in the
Dominican Republic. She is a fine person. I mean she is a... I can tell you
she is not a...
39 November 12, 1992
Mr. Jones: Yeah.
Mayor Suarez: Some one that exaggerates pain or...
Commissioner Dawkins: Let's get through this. I move it.
Mayor Suarez: All right. Moved by Commissioner Dawkins.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded. Vice Mayor Alonso, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-716
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO ALICIA MARILL, WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $80,000.00 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, IN CIRCUIT COURT CASE NO. 91-53468
CA (23), UPON THE EXECUTION OF A GENERAL RELEASE
RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS
AND DEMANDS, FUNDS TO BE PROVIDED FROM THE INSURANCE
AND SELF-INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Conmissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
a#]
November 12, 1992
y �
J
Tim rrrrwrw��i�rYY r.w Yi------- ►---- ----ram---------rr-r-----------------------------
14. EMERGENCY ORDINANCE: ESTABLISH TRUST AND AGENCY FUND: "PROFFERED TRUST
FUND", CONSISTING OF VOLUNTARY CONTRIBUTIONS FROM PRIVATE DEVELOPERS .--
APPROPRIATE $84,000 FOR OPERATION OF FUND -- AUTHORIZE MANAGER TO EXPEND
$25,000 FOR SECURITY -RELATED IMPROVEMENTS AT RAINBOW VILLAGE, $10,000
FOR STUDY OF ALTERNATE SOLUTIONS TO COCONUT GROVE PARKING PROBLEM, AND
$24,500 EACH FOR IMPROVING VIRRICK AND DORSEY PARKS.
------------------------------------------------------------------------------
Mayor Suarez: Item... We are up to item three. This that correct?
Emergency ordinance.
Vice Mayor Alonso: Yes.
Mr. Cesar Odio (City Manager): Yes.
Mayor Suarez: Establishing a trust and agency fund. Proffered trust fund.
Voluntary contributions, et cetera.
Commissioner Plummer: Mr. Mayor, I only have one question. Mr. Manager,
there are three different segments of this ordinance. I am concerned about
the $25,000 for security of Rainbow Village. Is that going to continue on
infinitum?
Mr. Odio: No.
Mr. Joe. McManus: This is one time.
Commissioner Plummer: OK. And how long a period is that for?
Mr. Odio: Equipment not people.
Mr. McManus: This is for security bars and protections over windows for
Rainbow Village. It is one time.
Commissioner Plummer: Things have got so bad that we are now buying security
bars for our own houses.
Mr. McManus: Well, this goes back to a period about two years ago. I believe
Stanley Tate appeared before you and requested some assistance.
Commissioner Plummer: No. We bought some locks as I recall.
Commissioner Dawkins: May I ask a question, J.L.?
Commissioner Plummer: Sure.
Commissioner Dawkins: When this fund was established wasn't it established
under the pretense that this money would go to parks, and for the benefits of
parks?
i
41 November 12, 1992
Mr. Odio: Honestly, in some cases, yes. I think that is what I heard about
trees.
Commissioner Dawkins: So then... I didn't hear...
Mr. McManus: It started... Commissioner it started out...
Mr. Odio: It started that way, yes.
Mr. McManus: It start out...
Mr. Odio: Yes, it did.
Mr. McManus: ... and then...
Commissioner Dawkins: OK. Where did it change? I mean. No, no, no. It
start out that way, right? From the directions of this Commission, right?
Mr. Odio: Yes.
Mr. McManus: Yes.
Commissioner Dawkins: Now where did this Commission give directions to change
it?
Mr. McManus: The Commission directed that we establish a fund specifically
for that purpose, and periodically the Commission would designate what the
funds were to be used for.
Commissioner Dawkins: But it was my understanding, and if I am in error
correct me, that the City Commission would designate what projects this money
would be used for in parks. .Now that was my understanding. That is what I...
In fact, that is what I voted for.
Commissioner Plummer: In arts? Parks.
Mr. McManus: Commissioner, you started out using the money for parks. At a
point and time, approximately two years ago...
Commissioner Plummer: Well Miller just change it.
Mr. Odio: Let me put it this way, Commissioners.
Commissioner Plummer: Change it.
Mr. Odio: It is your decision. If you don't want to use it this way.
Commissioner Dawkins: You know, it is not a matter of Miller Dawkins not
wanting to do it this way. It is a matter of the Administration coming,
saying you have got to do something for the senior citizens out there, whose
lives are in dire need of help, and so we, as the Commission says... I mean
theAdministrationsays let's do this. Then Miller Dawkins becomes a bad guy
because he says, oh no, don't do that. So now all of a sudden senior citizens
hate Miller Dawkins because Miller Dawkins says don't take the money that was
earmarked for the parks to do this with. I mean, you know...
42 November 12, 1992
Y
Mayor Suarez: Yeah. A nice way is when you tell us that there 1s all this
money that is going to be coming in. Do we have any particular priorities,
and then we begin to formulate the priorities rather than have them give it to
use
Mr. Odio: There are $25,000 here for Virrick and Dorsey Parks.
Mayor Suarez: OK. We did sort of prioritize those in a Commission meeting.
Commissioner Plummer: I'll move that item 3 be approved relating to the
monies for the study of parking in Coconut Grove, and the two additional
monies for the two designated parks of Virrick and Dorsey, and that the
$25,000 for the related home improvements 1n Rainbow be deferred until a
further date. I so move.
Mayor Suarez: So moved. And that would leave how much money then to be
spent, J.L.? Twenty-five thousand?
Commissioner Plummer: Yes, sir.
Mayor Suarez: All right. We all have all kinds of ideas.
Commissioner Plummer: Can I... Can I briefly ask what kind of study you
intend to do for the Grove parking?
Mr. McManus: This money would be used to supplement a study that was
undertaken by Constructa Cocowalk, and they employed David Plummer, and that
parking study is largely done. This particular funds would be used as a
supplement to look at a proposed shuttle service, making use of the parking
lots here at Dinner Key, and shuttling up in the late evening hours, up to the
village center in Coconut Grove, and looking at how all that would be done.
Commissioner Plummer: Thank you.
Vice Mayor Alonso: The emergency is the money to be used for the parks?
Mr. McManus: Originally...
Mr. Odio: No. It was not. It was on Rainbow Village.
Vice Mayor Alonso: What is the emergency?
Mr. Odio: The emergency was due to Rainbow Village. To match the work they
are doing there. In other words that we could do that...
Vice Mayor Alonso: If this is the emergency and we are delayed in an
exactly...
Mr. Odio: You can pass it on first...
Commissioner Plummer: Al right. All right. Let me simplify it. Put it
back in.
43 November 12, 1992
yr t
Vice Mayor Alonso: ... i think that we should...
Commissioner Plummer: Put it back in. I'll move item 3 as is.
Commissioner Dawkins: Second.
Vice Mayor Alonso: And then we will pass it as an emergency item because the
money 1s needed, or are we going to do it in first reading?
Mr. Odio: If we are going to pass it as is you need an emergency because the
immediate need to increase security in residence of Rainbow Village...
Vice Mayor Alonso: That was the reason for the emergency.
Mr. Odio: .. and to a timely and consistent...
Mayor Suarez: And that is the one we are leaving out. So that kind of wipes
out the emergency.
Mr. Odio: No.
Vice Mayor Alonso: That is why I brought the...
Mr. Odio: He put it back in.
Mayor Suarez: So then it goes to a first reading. Very good.
Mr. Odio: No.
Vice Mayor Alonso: No.
Commissioner Dawkins: He put it back in.
Mayor Suarez: Oh, you put it back in. I am sorry.
Commissioner Dawkins: Yeah. We put it back in, Mr. Mayor.
Mayor Suarez: All right. So we are back to an emergency.
Vice Mayor Alonso: Yeah. It is back in.
Mayor Suarez: OK. So moved and seconded. Does the movant except that and
the second except that?
Commissioner Plummer: Sure.
Mayor Suarez: OK. Then read the ordinance. Call the roll.
44 November 12, 1992
41�. 4W,
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A TRUST AND AGENCY
FUND ENTITLED: "PROFFERED TRUST FUND" CONSISTING OF
VOLUNTARY CONTRIBUTIONS FROM PRIVATE DEVELOPERS;
APPROPRIATING $84,000 FOR THE OPERATION OF SAID TRUST
FUND; AUTHORIZING THE CITY MANAGER TO EXPEND $25,000
OF SAID APPROPRIATION FOR THE PURPOSE OF PROVIDING
SECURITY RELATED IMPROVEMENTS AT RAINBOW VILLAGE, A
PUBLIC HOUSING FACILITY LOCATED AT APPROXIMATELY 2140
NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, AND TO EXPEND AN
ADDITIONAL AMOUNT, NOT TO EXCEED $10,000, OF SAID
APPROPRIATION FOR THE PURPOSE OF A STUDY OF ALTERNATE
SOLUTIONS TO THE COCONUT GROVE PARKING PROBLEM; AND TO
EXPEND ADDITIONAL AMOUNTS OF $24,500 EACH FOR THE
PURPOSE OF IMPROVING VIRRICK AND DORSEY PARKS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and
Dawkins, for adoption as an emergency measure
requirement of reading same on two separate days,
following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
seconded by Commissioner
and dispensing with the
which was agreed to by the
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Dawkins, 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. 11020.
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.
45 November 12, 1992
•
Mayor Suarez: Would you reflect a six to zero vote on the second roll call?
The last vote being cast by our distinguished new Senator, Ron Silver, who has
come here so often now I think he has a vote on this Commission.
Commissioner Plummer: Wait. Did you say extinguished?
Mr. Ron Silver (State Senator): No. Distinguished.
Commissioner Plummer: Oh, distinguished.
Mayor Suarez: All right. Pleased to have you here Senator, and look forward
to working with you and getting all those monies for Dade County. You always
seem to bring back, despite the Herald's indication that somehow we have lost
all this clout. Don't they do that every two or three years? It never works
out quite that way does it?
Mr. Silver: We change every two years in the legislative process, but there
is a problem and I think there is a serious problem as far as the hurricane
relief is concerned. There are those that want to put that hurricane relief
over to the regular session, and it is my belief, along with some of my
colleagues, that if that happens we are going to get lost in the whole mix...
Mayor Suarez: Yeah.
Mr. Silver: ... as far as being able to secure them.
Mayor Suarez: The urgency is lost with time, absolutely.
Mr. Silver: Right. Absolutely.
Mayor Suarez: All right. We will help you with that.
Mr. Silver: Thank you.
15. SECOND READING ORDINANCE: AMEND CODE SECTION 40-229 -- PROVIDE FOR
CHANGES IN INVESTMENT GUIDELINES FOR CITY OF MIAMI GENERAL EMPLOYEES'
AND SANITATION EMPLOYEES' RETIREMENT TRUST.
Mayor Suarez: Item 4. Second reading.
Commissioner Plummer: Move it.
Vice Mayor Alonso: Move.
Mayor Suarez: Moved.
Commissioner Plummer: Under questioning. Mr. Manager, I don't think that I
have seen, or any of my colleagues, maybe they have, I have not seen a
document relating to the articles that we have read in the paper about the
Administrator of the fund. Have you, Mr. Manager? - because I assume that
where we, the City, have an obligation for funding in that fund...
46 November 12, 1992
•
i
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Excuse me, we do have something to do with it.
Mr. Odio: No, we don't, sir. No we don't.
Mr. Jack Rabun: You don't have anything to do with the Manager, with the
Administrator is not...
Commissioner Plummer: Excuse me. Do we not have to write a check to that
fund...
Mayor Suarez: Yes. We have a financial involvement...
Commissioner Plummer: ... to balance it every year...
Mayor Suarez: ... A clear financial responsibility.
Mr. Ron Silver, Esq.: You have to make up the matches.
Commissioner Plummer: ... and that any deficit of that fund the City is
liable?
Mayor Suarez: We are the defendant in most lawsuits filed to that effect,
yes.
Commissioner Plummer: OK. So I am asking, Mr. Manager...
Mr. Cesar Odio (City Manager): No, we are not. No, we are not.
Mayor Suarez: There he goes again. What do you mean, no, we are not?
Weren't we the defendant in the Gates case, Mr. Manager? Because I could have
sworn we had to pay a lot of money because we were the defendant. Certainly
more than the plaintiff.
Mr. Odio: We make our payments, and that is it. We don't have any other
responsibility.
Commissioner Plummer: But your payments are predicated on an open check, Mr.
Manager.
Mr. Odio: What do you mean by an open check, Commissioner?
Commissioner Plummer: You heard me what I said, and if you are not aware, I
will sit you down and explain it to you.
Mayor Suarez: The settlement was two hundred million dollars. That sounds to
me.like some oversight...
Mr. Silver: The unfunded liability. That is what he is talking about.
Mayor Suarez: ... responsibility goes along with the obligation of paying.
47 November 12, 1992
h�-
Commissioner Plummer: Mr. Mayor, we are getting far off the track of my
initial question.
Mayor Suarez: Yes, sir. Which is?
Commissioner Plummer: We, as Commissioners, who are responsible to vote to
put taxpayers money in that fund... I don't know if any of my Colleagues have
received anything from our Manager relating to the article that I read in the
paper about a problem existing with the Administrator. I think we are
entitled to know what is going on.
Mayor Suarez: Absolutely.
Commissioner Plummer: And we... Has any of my colleagues received anything?
Mayor Suarez: No.
Commissioner Dawkins: No.
Commissioner Plummer: OK. Now, you know...
Mr. Odio: I don't have anything to send.
Commissioner Plummer: You have nothing to send to me?
Mr. Odio: No, sir.
Commissioner Plummer: Then I move that item 4 be... (INAUDIBLE COMMENT NOT
ENTERED INTO THE PUBLIC RECORD) Excuse me. Go ahead.
Mayor Suarez: What would be the normal way for us to find out problems and/or
needs, and/or demands, and/or failures of the pension fund?
Mr. Silver: Mr. Mayor, if I might. Number one, with regard to the
Administrator, and all other issues. The City Manager has someone at every
one of our meetings. OK, Mr. May comes to the meetings, and participates, and
is there to watch what goes on, and he has...
Commissioner Plummer: Does he vote?
Mr. Silver: No, he does not vote. No. But Wally Lee is the Manager's
representative on the Board, and he is there at every meeting. So...
Commissioner Plummer: And he does vote?
Mr. Silver: Yes, he does vote.
Mayor Suarez: Does it not make sense for one or both of these people to
report to this Commission any kind of unusual happenings such as the one that
was reported in the newspaper?
48 November 12, 1992
t
Mr. Silver: Well, that is between you and the Manager, exactly what is
reported to you.
Commissioner Dawkins: Wait. But, Mr. Mayor...
Mr. Silver: I am just saying from our standpoint, if the Administrator was
removed from office because we found the discrepancy. Coopers and Lybrand has
now completed it's report on it. They just completed the report. There was
nothing...
Commissioner Plummer: Ron, excuse me.
Mr. Silver: There was nothing...
Commissioner Plummer: Excuse me.
Mr. Silver: There was nothing there to report really.
Commissioner Plummer: I am not trying to get into this matter in the public
forum other than to ask that we be informed.
Mr. Silver: OK.
Commissioner Plummer: That is all I am asking.
Mr. Silver: OK.
Commissioner Plummer: At this particular point I, as a Commissioner, who at
the end of the year will have to vote to put taxpayers money to make up any
deficit, I feet that I am entitled to know what the hell is going on, rather
than to read it in the Miami Herald.
Mr. Silver: Right.
Commissioner Plummer: That is all I am asking.
Commissioner Dawkins: And I have to agree with J.L., I mean, regardless of
what you say, Mr. Senator.
Mr. Silver: Yes, sir.
Commissioner Dawkins: You and that Board have an obligation to make sure that
this Commission is aware of any wrong or right that is done over there. I am
not going to let you pass the buck to the Manager.
Mr. Silver: OK. I did...
Commissioner Dawkins: No, no. We paid... You get paid. You guys get paid
to do this. The Manager gets paid to oversee what you are doing for us, but
i} you get paid to manage the pension fund, and, therefore, when something wrong
r; or good happens I think you owe us the courtesy to inform us of what happened.
:f
j
t
49 November 12, 1992
Mr. Silver: Well, I just do want to say when this first happened, and I was _
in New York, OK, one of the first calls I made was to the Mayor to inform him
of the situation before it appeared in the Miami Herald.
Commissioner Plummer: Well that is...
Mr. Silver: I couldn't call each one of you.
Commissioner Plummer: Then we will take a stick...
Commissioner Dawkins: Wait. Beg your pardon.
Commissioner Plummer: We will beat the Mayor for not informing the rest of
us, which I feel...
Mr. Silver: I don't want to put the Mayor on the spot, but I did call the
Mayor.
Commissioner Dawkins: You are putting him on the spot. You had such a thing
as a fax. You could have called the Mayor, and then faxed us. It is a simple
thing.
Mr. Silver: Yeah. Yeah.
Commissioner Dawkins: Don't put the Mayor on the spot. I am going to put you
on the spot. All you had to do was fax the information to me.
Mr. Silver: Commissioner Dawkins, I am hired by the Board of Trustees, OK...
Commissioner Dawkins: OK.
Mr. Silver: ... to represent the Board of Trustees.
Commissioner Dawkins: OK.
Mr. Silver: This is a separate legal entity, OK. The City's obligation, post
Gates, is to put dollars into the fund and, obviously, you need to be
concerned about that, and that is why you have a person, a representative on
the board, and Mr. May is at every single one of the meetings, OK. I am not
hired by this Commission, OK. I am hired by the Board of Trustees to do legal
work for the board.
Mayor Suarez: Ron, why don't we establish some kind of procedure for the
future?
Commissioner Dawkins: OK. But no, no... Wait a minute. I am not going to
let Ron do that. No, no. I am not going to allow Ron to do that.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Ron, you are hired, yes, by the fund, but by the same
token this board has a fiduciary responsibility to the fund.
Mr. Silver: No.
50 November 12, 1992
Mr. Silver: Well, the Gates case, again, everything has changed since Gates.
All right. There is a different legal relationship since the Gates case. The
Gates case determined that the Board is not a Board of the City of Miami. it
is an independent legal entity. OK. Now, 1t used to be under the City. It
is not under the City anymore. It is an independent legal entity.
Commissioner Dawkins: So, in other words, what you are telling me is I have
no responsibility to this fund, and I don't have to keep up with it and
therefore...
Commissioner Plummer: Yes. Oh, no, you do.
Commissioner Dawkins: No. He is just saying I don't.
Commissioner Plummer: You do.
Vice Mayor Alonso: You do.
Mr. Silver: No, no, no. I didn't say that. You have an obligation because
you put money... You are obligated to put money into the fund.
Commissioner Plummer: That is right.
Mr. Silver: So you obviously have, you know, a responsibility there, and you
should be informed.
Commissioner Plummer: Ron.
Mr. Silver: You know, whatever... I thought I was doing the right thing by
calling the Mayor, and informing the Mayor as quickly as I could by telephone.
Mayor Suarez: Well, it helps because one of us knows, but it may be a more
correct thing to do because I am not sure that I am in position to call each
one of my colleagues for Sunshine Law problems...
Commissioner Plummer: Let me tell you...
Mayor Suarez: ... that each one of be apprised, and more formally that the
Manager, through his representatives, one of whom is a voting member, and the
other one who apparently goes just to sort of keep an eye on the voting
member, or for what ever reason, somehow, keep us apprised. I had to make a
presentation. 1 don't know if the members of this Commission know, but you
should know, I took it upon myself to make a presentation to the other pension
because I was concerned, as you saw in the Commission meeting, about their
investments, and apparently that had never happened, and the City
representative in that, I think is Mr. Ruder, the Fire and Police pension
fund, and, frankly, I am still without any of the answers that I have been
requesting from those folks, including who are the money managers and how are
they selected. I mean I get some answers when I go there, but they are not
really satisfactory, and I need the managers... We all need the Manager's
51 November 12, 1992
help in interacting because I do think we have an obligation. it may not be a
fiduciary obligation, in that sense, but we do have a fiduciary obligation to
the citizens of Miami...
Mr. Silver: Absolutely.
Mayor Suarez: ... and to the employees, generally, to make sure these funds
are healthy, and it sounds like something was done there that was not entirely
healthy. So, I appreciate you personal phone cal 1, Ron, but I think that
somehow all of us ought to get notice of anything like this, and, Mr. Manager,
what do you suggest that we have by way of assurances that in the future we
will be apprised? - So that we don't have to read about it in the newspaper.
Vice Mayor Alonso: Mr. Mayor, I think that this is so important. The Gates
case has put the City of Miami in such a serious situation, so this is
important that we are informed, and that we have some idea of what 1s really
happening so, definitely, something has to be done as to the process by which
we will get the information, and who is going to provide this information to
us, and certainly it will have to be defined this morning, and I think before
we take a vote on this.
Commissioner Plummer: Well...
Mr. Silver: Well, I'll be happy...
Mayor Suarez: And by the way it works whenever we have to approve the
appointments. I mean they go by here, it seems like it is kind of a rubber
stamp thing. We don't have a lot of discretion, but we do vote. So that
implies a fiduciary obligation, any time you vote on anything.
Commissioner Plummer: Well, Mr. Mayor...
Mr. Silver: I will be happy to...
Commissioner Plummer: Let me just conclude by saying the one thing I would
like to be informed, but more so that I would like to be is informed of what
you are doing to protect that it won't happen again...
Mr. Silver: OK.
Commissioner Plummer: ... and I have not seen that either. OK?
Mr. Silver: And that is part of the auditors' responsibility.
Commissioner Plummer: Well, that is part of the auditors whatever but we
haven't seen it, and we are the ones that have got to vote.
Mr. Silver: We wi11 bring you up to date. I will be happy, Commissioner
Dawkins, I will be happy to do whatever, you know, you suggest on it as a
courtesy to the Board, or to the Commission. I will be happy to supply you
with the information. I don't have a problem with that. I am just saying
that since we haven't had that before and, again, I thought I was doing the
most expedient thing because I know how it is to read things in the newspaper
first, and that is why I called the Mayor, and those were my exact words to
52 November 12, 1992
Mayor Suarez: We should have had a mechanism to let everybody else know to.
Vice Mayor Alonso: But that is exactly what happened.
Commissioner Plummer: Well, you got one vote and lost four, Mon. So with
that kind of an action you are in great shape.
Mr. Silver: Well, you know I went to the ceremonial head. You know.
Commissioner Plummer: Yes. OK.
Mayor Suarez: What do you want to do with the item, Commissioners?
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: It relates to a different subject. OK.
Commissioner Dawkins: I second it because the Senator...
Commissioner Plummer: It relates to something else.
Commissioner Dawkins: I second it because the Senator will need to be able to
tell them in Tallahassee he won one vote.
Mayor Suarez: Moved and seconded. What do we have from the Manager by way of
a proposal, and how we are going to be advised of this? Why couldn't we just
get a nice simple little memo after every meeting summarizing the actions?
Mr. Jack Rabun: No problem, Mr. Mayor, we will do it.
Mayor Suarez: Very good.
Mr. Silver: Well, no, he is asking the Manager to. I think...
Commissioner Plummer: I guess I have to ask the question why do you have
Wally Lee there and Frank May?
Mr. Odio: Wally is a voting member. There is... Laws apply to voting
members that do not apply...
Mr. Silver: Yes, he is right there, as you know.
Mr. Odio: He is not there as a City employee.
Mr. Silver: He is not there voting, as you know, because you have been
through this process before... He is not there as a City person. All right.
He is a trustee.
53 November 12, 1992
Mr. Odio: We don't have two people there. Wally Lee is a voting member.
Different rules apply to him, and I don't want to...
Commissioner Plummer: He can't report to you?
Mr. Silver: I might say this has worked out very well, by the way. Since he
has been there as far...
Mr. Odio: I want to keep Frank May there. We need...
Commissioner Plummer: Fine.
Mr. Odio: ... someone... We have... We have a lot of money in both pension
plans that we have to put in, and I want an administrator to oversee those
monies.
Mayor Suarez: Well, we want... This Commission wants someone to tell us what
is going on...
Mr. Odio: We will be glad to give you a report.
Mayor Suarez: ... and since you have two people, one a voting member, and one
a nonvoting member of the City staff, why don't you have one of them to be
responsible to apprise this Commission of the good and the bad and the ugly...
Mr. Odio: I will do it.
Mayor Suarez: ... before it comes out in the newspaper...
Vice Mayor Alonso: Most definitely.
Mayor Suarez: ... which typically publishes the ugly and the bad very
quickly.
Commissioner Plummer: And, Mr. Mayor, that applies to not just your fund but
the others as well.
Vice Mayor Alonso: Are we to understand that Mr. Wally Lee is not permitted
to be the liaison or the person to inform this Commission because he is a
voting member of the Board?
Mr. -Silver: He is a fiduciary...
Vice Mayor Alonso: Is that the...?
Mr. Silver: Yeah. He is a fiduciary on the Board, and as such..
Vice Mayor Alonso: All right.
Mr. Silver: does what is best in the interest of the trust, not
necessarily what is in the best interest of the City.
54 November 12, 1992
Vice Mayor Alonso: Exactly.
Mr. Odio: Let me put it this way. The a...
Vice Mayor Alonso: So the answer is the other person is the one who is
supposed to convey the information to us.
Commissioner Plummer: Oh. I thought what we were looking for was...
Mr. Odio: But 1t is funny... I heard from... I heard...
Commissioner Plummer: ... the minutes of the meeting.
Mr. Odio: I heard about Frank Chmlelewski from you, Commissioner.
Commissioner Plummer: What?
Mr. Odio: I heard about what happened over there from you.
Commissioner Plummer: That is right.
Mayor Suarez: The fact that you were not apprised either does not solve the
problem. We want to solve the problem of us not being apprised. You got your
own problems. You got two people there. If they don't apprise you, you know,
you can blame them, but we didn't have anybody directly reporting to us.
Vice Mayor Alonso: Well, actually what it does, it concerns us in a very
serious fashion that there is no lines of communication.
Mayor Suarez: Yes, actually, that worsens it.
Vice Mayor Alonso: Yes.
Mr. Silver: Again, this...
Mr. Odio: to Charlie Cox by the way.
Mr. Silver: This event that occurred, which is, again, an unusual event. We
hope it doesn't happen again. We are going to take precautions to make sure
it doesn't, but this happened so quickly. I got a call. I was up in the
Democratic Convention up in New York, and that is where I got my call from the
Chairman of the Board...
Vice Mayor Alonso: That is why it happened.
Mr. Silver: Yeah. I was up in New York at the Democratic Convention. Yeah.
And all day Saturday, and all day Sunday, and you know all those days we were
making telephone calls, and on that Monday I advised them that Mr. Chmielewski
should be suspended from office because of the indications of what had
occurred, and that is when that happened. There wasn't a board meeting, so I
don't think the Manager and all that stuff... Again, I... The only one I
cal.led.from New York was the Mayor. I did not call the Manager or anybody
else. So I don't know when they actually found out about it.
55 November 12, 1992
Mr. Odio: I learned about it from Commissioner Plummer. I don't know where
he learned about it, but I know I heard about it from him, and then I called
YOU*
Commissioner Dawkins: J.L. was watching CNN.
Mayor Suarez: All right. We presume all of that is instituted in place, Mr.
Manager, as a proviso to our vote on this.
Mr. Odio: If we... If we have anything to inform... If there is something
important I will have a report to you immediately.
Commissioner Plummer: No, no, no, no.
Mayor Suarez: I don't think that is the way we asked for it.
Commissioner Plummer: I think we want to be... I think we want a synopsis of
every meeting.
Mayor Suarez: Right.
Mr. Odio: OK. Fine.
Mayor Suarez: Al right. So moved and seconded with that understanding.
Read the ordinance. Call the roll.
AN ORDINANCE -
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 EMPLOYEE'S
RETIREMENT TRUST; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.
Passed on its first reading by title at the meeting of October 8, 1992,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, 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 Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
56 November 12, 1992
THE ORDINANCE WAS _DESIGNATED ORDINANCE NO. 11021.
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. (A) DISCUSS AND TABLE CONSIDERATION OF PROPOSED ORDINANCE RELATED TO
HURRICANE RELIEF SEEKING TO EXTEND THE EFFECTIVE DATE FOR ALL
VARIANCES, SPECIAL EXCEPTIONS, SPECIAL PERMITS, AND OTHER LAND -USE
APPROVALS WHEN SAID APPROVALS' EXPIRATION DATES FALL WITHIN
DESIGNATED DATES.
(B) COMMENTS BY COMMISSIONER J.L. PLUMMER CONCERNING NEWSPAPER ARTICLE
ON MR. SHIH. (See labels 89 + 95)
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, I have a pocket item I would like to get rid
of.
Mr. Silver: Thank you very much, Mr. Mayor.
Commissioner Dawkins: I have an emergency ordinance relating to Hurricane
Relief, Amendment Section 2 of Ordinance number 10995, adopted September loth,
1992, by extending for an additional 90 day period the effected dates for all
variances, special exceptions, special permits, and other land use approval
and the like. Granted by the City of Miami pursuant to it's zoning ordinance,
and specific Chapter to the City Code when such approvals have expiration
dates which were previously scheduled to occur from August 24th to November
22nd, 1992, resulting in a cumulative extension of 180 days. Containing a
modifier provision and a severability clause, and providing for an effective
date as of... I so move.
Commissioner Plummer: All right. I second it, but let me ask you a question.
Mayor Suarez: Moved and seconded.
Commissioner Plummer: The deadline on that would be to November when?
Commissioner Dawkins: The deadline would be February 28th, period,
exclamation mark, comma, and et cetera.
Commissioner Plummer: And that relates, again, to variances, what else?
Commissioner Dawkins: City ordinances... Variances - Wait a minute now -
special exceptions...
Commissioner Plummer: Yeah.
Commissioner Dawkins: ...special permits, other land use approvals and the
like granted by the City of Miami pursuant to it's zoning ordinances and
specific Chapters of the City Code.
57 November 12, 1992
•
Commissioner Plummer: Let me ask this question. I see Mr. Shih. Does that
affect him?
Commissioner Dawkins: Yes.
Commissioner Plummer: Why?
Commissioner Dawkins: According to his recollection is that the...
Vice Mayor Alonso: But then we have an item later on in the afternoon.
Commissioner Plummer: He has an item here before the Commission later on.
Commissioner Dawkins: No, he doesn't.
Commissioner Plummer: Yes, he does.
Vice Mayor Alonso: Yes, he does.
Commissioner Dawkins: What item?
Commissioner Plummer: Isn't he on the zoning agenda?
Vice Mayor Alonso: What item is...
Commissioner Plummer: Wait a minute. Maybe he just requested it.
Mr. Joe McManus: I think he has requested something. He is not... I don't
believe he is on the agenda.
Vice Mayor Alonso: Well I am almost sure he has a PZ item.
Commissioner Dawkins: No. No. He doesn't... His investors came during
hurricane and he is still convincing them that even though the hurricane came
through it may come back next year, and it may not come back for another 20
years, and he is still convincing them that this is a good investment. I
don't... Hey, the job they did on me, I am not surprised.
Vice Mayor Alonso: Ha, hal That is a good one.
Commissioner Plummer: You know, I had made my comments before. If you read
the article... Read his letter of this morning which is not in the Chinese
but in English, because it is half and half. His investors can't even get
visa, at this point, and he is asking even if you do extend it, that you waive
the performance bond, and I thought this Commission was emphatic that we were
not going to do that. As I remember, some member of this Commission who was
on the positive side making the comment, that's it.
Mayor Suarez: I certainly did. But we are not on that item.
Commissioner Plummer: Well, we are on that item as it relates to an extension
which would include him.
58 November 12, 1992
Commissioner Plummer: No, that is what it... As I understand it, Joe, that
would give him a deadline of February rather than November.
Mr. McManus: That is correct but I think there...
Commissioner Plummer: And I am not...
Mayor Suarez: But that is not the other issue he is asking for the waiver of
the bond.
Mr. McManus: Commissioner.
Mayor Suarez: That is not included in this.
Mr. McManus: Commissioner, I believe there are two or three other projects
that are caught in that same time frame. I wouldn't want to characterize this
as solely benefiting Mr. Shih.
Commissioner Plummer: Oh, no. I asked if he was one of... All right.
Mayor Suarez: OK. But does this...
Commissioner Plummer: Give me an example of one of the others.
Mr. McManus: I don't have that right at hand. I could...
Commissioner Plummer: Well I think it is important.
Mr. McManus: I could get that for you.
Commissioner Plummer: So that it is not in anyway... Even though I am voting
against it. OK? I don't want it to be reflected back on this Commission that
it was for special interest.
Mayor Suarez: And it is not dispositive of what he is asking for today,
presumably, from the letter that he has sent, right?
Commissioner Plummer: No. But this would still grant him the extension of
time. He would fall under that umbrella.
Mr. McManus: It would give him...
Mayor Suarez: But as to what issues?
Mr. McManus: It would give him a time extension. He has variances and
special exceptions.
Commissioner Plummer: No. It just extends everything until February.
Vice Mayor Alonso: Actually then he will not be asked to place the
performance bond of two hundred and fifty thousand because because the date
has been extended. Is that right?
59 November 12, 1992
Mayor Suarez: Does it have that effect?
Mr, McManus: I believe so. It would extend the date and extend the date of
his producing the performance bond.
Commissioner Plummer: Yeah. It is ridiculous.
Vice Mayor Alonso: The last time that we saw his case I said I have always
voted in favor, and this Commission has bent back and forth to help him. It
seems to me that they don't have the funding to do the project, and I am very
concerned that we are giving the impression that we are just doing this to
benefit him. If they don't have in a project of this nature two hundred and
fifty thousand dollars how will they be able to obtain the rest of the
funding?
Commissioner Dawkins: May I, with my colleagues' permission, withdraw this
item until December the 10th, and I will come prepared with all of the
projects that are due to have money, don't have money, never came up with
money that we have on the books, and I would like for us to vote on them
individually, and see where we are going.
Commissioner Plummer: That is fine.
Vice Mayor Alonso: Well, there is one problem. You are talking about
something that will expire November 24th. If we bring it back December 10th
it will be after the fact, so we might as well table this item or something
like that so that they can provide to us some information that might be
helpful.
Commissioner Dawkins: OK. Well, I would like to table it until the loth
if... I would like to table it until the loth, if that is possible.
Commissioner Plummer: Why not?
Mr. Maxwell: Not in the form that you have before you now. The Vice Mayor is
correct. The emergency ordinance that you passed originally carried a 90 day
date. That will expire this month. So you won't be able to pick up this item
in December. Your ordinance would have expired.
Mr. McManus: Commissioner, I could start reading the projects that are caught
up in this...
Commissioner Plummer: Why don't you come back to us this afternoon? It
basically...
Commissioner Dawkins: No. I can't get my stuff together by this afternoon,
J.L., because...
Commissioner Plummer: No. They can.
Commissioner Dawkins: ... I got some. No. They... It is some specifics
that I know that they are not going to bring back.
60 November 12, 1992
•
Commissioner Plummer: Oh.
Vice Mayor Alonso: Well, let's say...
Commissioner Plummer: Because this is a zoning item...
Vice Mayor Alonso: Let's say...
Commissioner Plummer: o. why aren't we...
Vice Mayor Alonso: Let's say if we go along with this ordinance and approve
this today, we are just granting another extension that will take them
probably nowhere, and it puts the City of Miami sort of in a position... Do
they have their act together. Do we know what we are doing? I haven't seen,
other than this letter, that with all due respect, I do not understand because
I don't know what it says. And right here a letter that tells me that this is
what it says back here, approximately, but not quite. How do we know... How
it is going to affect... We need a recommendation from the Administration in
this case. We have been changing... I myself broke ordinance, and
extensions, and delays in order to help the project. I felt very strongly
that we needed to give every opportunity, but it seems to me now this is no
conducive to anything serious. If they believe that every time they come, we
will extend the period of time, they might say well we can keep this alive for
ten years. Who knows.
Mr. McManus: Madam Vice Mayor, the only point I would like to make is this is
a benefit not only to Mr. Shih in Chinatown, but there are other projects. I
would be happy to read them into the record.
Vice Mayor Alonso: Well that is my concern. That is why I said why don't we
table, or why... And if we approve it today, what it will mean, because in
his case it will mean... I know exactly what it means and I don't want to
affect other projects that might not have other opportunities and extensions,
and I think it is fair to extend the ordinance, but my concern in this
specific case that all we are doing is telling them don't place the
performance bond, and it seems to me that the performance bond of two hundred
and fifty thousand is not much in a project like this. So what do we do? If
we do... If we approve it he will receive the benefit.
Mr. McManus: Yes.
Vice Mayor Alonso: And if we take it after the 24th some of the others
projects might have died by then.
Mr. McManus: That is correct.
Vice Mayor Alonso: Terrific. So I guess we have very little choice other
than to go along with this.
Mayor Suarez: But there has to be an in-between position.
Vice Mayor Alonso: I hope so but...
61 November 12, 1992
Mayor Suarez: We want to extend all deadlines that have to do, or timetables,
that have to do with a variety of zoning and special use permits, variances,
et cetera. We don't, 1n this particular ordinance, at least as I hear the
Vice Mayor speaking, and the way I feel about it, and I presume the rest of
the Commission. We don't necessarily want to extend or further make possible
a project that was initially stated to us to be a hundred million dollars
project, and now it does not have the ability to meet with even a two hundred
and fifty thousand dollar performance bond. Now, can we get the Manager, City
Attorney, Mr. McManus, Assistant City Manager to present to us, at some point
this morning, an ordinance that allows the normal kinds of deadlines that you
would extend, because of a hurricane, for people, and not necessarily allow
Mr. Shih to have the waiver of a performance bond. That 1s a totally
different thing from the kinds of deadlines that we are talking about in this
ordinance, folks.
Commissioner Plummer: Well, that is why I asked, Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: If, in fact, what was included, did this include Mr.
Shih, and the answer was yes.
Mayor Suarez: It does as to many of the things we have done for him, but the
one thing that concerns many of us is that if he doesn't have two hundred and
fifty thousand dollars for a performance bond for a waiver that we have no
problem extending as to parking, et cetera, but it is the notion that you
don't have a quarter of a million dollars to assure us that you will
ultimately comply with all of that, Mr. Shih, that we are not willing to vote
favorably to. The rest of this, I don't think anybody has any problems with
it.
Vice Mayor Alonso: No. None at all.
Mayor Suarez: So why can't we get the Administration to help us, and the City
Attorney to help us to put this in the kind of shape that we have no problem
with, and then we can argue and possibly take a vote on the issue of a two
hundred and fifty thousand dollars performance bond.
Mr. Maxwell: Mr. Mayor.
Mayor Suarez: yes.
Mr. Maxwell: Could you then table the item and bring it back after lunch?
Mayor Suarez: Yes. Please.
Commissioner Plummer: That is what I said.
Mayor Suarez: Because many many of these other items...
Commissioner Plummer: Tell us what items are involved.
Mayor Suarez: ... you know, we have no problem extending. I mean people have
variances, they have special use exceptions, they have certain deadlines they
62 November 12, 1992
have to meet. They are worthy projects, they may have been delayed by the
hurricane, and we want to give them an opportunity. There is one particular
extraordinary item that we have had having to do with his performance bond
that I don't think that anybody here is ready to waive. I don't care how many
hurricanes come or, maybe, one Commissioner might, but the rest of us might
not, and we are entitled to vote on that.
Mr. Maxwell: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Maxwell: I think that one of the things you could do, as you made note in
that emergency ordinance, there are provisions dealing with... That
specifically excludes, for instance, our requirements to the South Florida
Building Code and the like. What you may do is exclude any monetary or
financial obligations...
Mayor Suarez: Yes.
Mr. Maxwell: ... that may be due the City.
Mayor Suarez: Because that tells us that it is the real project. That is the
one thing that we want to be assured us. All right. Are you going to be able
to get us in that kind of shape later on today?
Mr. Maxwell: Well, we can make that if that is the will of the Commission.
Mayor Suarez: I think so.
Mr. Maxwell: You could vote on that with that amendment, and we could make
the change in the ordinance.
Mayor Suarez: Yeah, I think so. We would like to have this enable the other
projects to go forward, and even his project if he gets the rest of his act
together, for lack of a better term. And, again, Mr. Shih, be advised that
our reception of a letter without a verified translation, and the kind of form
they are coming in is not going to do it for you. In fact, I have a feeling
there is a consensus now, at least a majority if not a consensus, that you got
to have two hundred and fifty thousand dollars. I mean it is just as simple
as that.
Commissioner Dawkins: That is the consensus.
Mayor Suarez: OK. It is the consensus. Quarter of a million dollars. Very
simply. Two, five, oh and three zeros in the bank for us to be assured that
you really can do that project with or without the help of the Chairman or the
Vice Chairman of DDA (Downtown Development Authority) and the Executive
Director, you need in addition to all of that support, which we appreciate,
two hundred and fifty thousand of our currency, in a bank somewhere.
Commissioner Plummer: Well, wait a minute now. That is not fair for Matthew
Schwartz. He has wasted his time on Camillus House. I mean he has got to
have some other place to go to waste his time.
63 November 12, 1992
17. COMMISSIONER DE YURRE PROPOSES NEW CONCEPT OF NEIGHBORHOOD ZONING
BOARDS y- REQUESTS ADMINISTRATION TO PREPARE A STUDY ON THIS ISSUE.
Mayor Suarez: All right. Item 5.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes, sir.
Commissioner De Yurre: If I may before item 5 comes up. I instructed, via
memo, the City Manager to bring back to me some information regarding the
following. One of the main sticking points that the Coconut Grove area has
had over the years is their desire to have some control over what happens with
respect to zoning in that area. Certainly, and I believe we are all in accord
of this, if anyone is going to have the final say as to what happens to
zoning, or anything of that nature, it is going to be this City Commission.
However, I feel that...
Commissioner Plummer: I don't necessarily concur with your statements. I
have some difference of opinion that could change, but at this particular
point, for the record, I am not necessarily concurring with your statement.
Commissioner De Yurre: OK. Fine. I have requested that the City Manager
prepare a study with the following concept. Doing away with our existing
Miami Zoning Board, and replacing it with somewhere between five, six, maybe
seven neighborhood zoning boards. The City would be divided into a number
around that area that would be feasible. These five member boards would be
elected by the particular neighborhood, and they would pretty much do what the
zoning board does at this point in time. As far as appeals and certainly any
zoning final decisions they would come to us like they do presently. I have
requested that, and once that study is completed I will pass it along to you
so we get input and see if there is something that is acceptable by this
Commission so that we may proceed on it.
Commissioner Plummer: Victor, I think it is a good idea. OK? But I can see
a lot of areas that are going to have to have extensive study. For example,
today when we pass any ordinance it applies Citywide, and I would hate to see
one neighborhood fighting with another neighborhood saying they got this, and
we don't have it. So, I think that the concept is good if they are elected by
the people of that area, and they have to reside in that area to be a member,
that is a good concept. But I think that the concept has got to have a lot of
study because I don't think it is a simple thing to do.
Commissioner De Yurre: Well, that is why I am making this announcement now.
Once we get an initial study we can start looking it over, and studying it
further. Certainly it is a revolutionary concept, and something that should
be given the appropriate time it deserves for us to make an intelligent
decision as far as that is concerned.
64 November 12, 1992
_ Z
Mr. Odio: I just got the memo this morning. We should have a report back,
hopefully, by December 10th if not sooner.
Commissioner De Yurre: OK. Just make sure you distribute it to all of the
Commissioners.
Mr. Odio: Yes, sir.
Commissioner De Yurre: OK. Thank you.
Mayor Suarez: You know the idea of having a neighborhood to make zoning
determinations for itself is an idea whose time has come in the City. It
reflects actually what is really good news. I mean despite the battles over
Camillus House, et cetera, what it reflects is that we have a community where
people have enough time and enough interest in their neighborhood to now
really get active everywhere. It used to be you hear about it in Coconut
Grove. You hear about it, maybe from time to time, in the Northeast. Now it
is of the entire City. They want to be consulted. The idea that they would
be elected, I think, is a magnificent idea because in the old days we used to
have the Community Development Advisory Board elections, and remember how
those use to elicit a lot of interest from the community, and, you know, it
was a participatory thing. Now this does not involve necessarily the spending
of money like the CD (Community Development) boards use to do, the elected CD
boards. This involves the preservation of community character, the
determination that they want, or not want to have, an esthetic ordinance like
Coral Gables has, which I think the people in Coconut Grove are asking for. I
think they want to be able to say, we want this kind of structure...
Commissioner Plummer: I can see it.
Mayor Suarez: ... not that kind of structure like they did in the De Garmo
issue which I still think they imposed a de facto esthetic ordinance in that
discussion, and ultimately the party that was requesting the determination
from us agreed to it, and if not, it would have been a legal challenge to it
because we told them, basically, you can't have an arch of the type that you
want even though the zoning code really really provides that you could not
only build an arch, you could build a structure of that dimension. Complete
structure, three dimensional structure, et cetera. So, I think it is a very
good proposal. I think we should get it in shape to vote on it, and to solve
the concerns expressed by Commissioner Plummer and the rest of us as quickly
as possible, and I think we are going to see a lot of support from the
citizens, and God knows we now have battles block by block, Commissioner
Plummer, and not neighborhood by neighborhood. At least in this way those
battles would be waged with elected boards from that neighborhood, and then
ultimately appeal to this Commission. In my particular view, I would have no
problem having it go directly to the court system after that board makes its
determination, and that would be a more complete autonomy, but I understand
the Commissioner's concern in proposing this, that we be the board of last
appeal, and I can go along with that too. I have no problems if it was the
definitive board except in zoning determinations that change the entire code,
et cetera, which we always would have to act on by ordinance anyhow. So those
would always have to come to us. So, J.L., I think that concern is well taken
because I think there are going to be some determinations that ultimately have
to be done by this Commission in any event.
65 November 12, 1992
Mr. McManus: Mr. Mayor, as a word of caution, this may require a Charter
amendment.
Mayor Suarez: OK.
Commissioner Plummer: Oh, I am sure it would.
Mayor Suarez: I have a feeling it would pass. All right.
Commissioner Plummer: Mr. Mayor, can I take an emergency item because the
party is here?
Mr. Odio: Should we... Excuse me... Commissioner, just one question on this
item. Should we bring it as a public hearing on December 10th...
Commissioner Plummer: No.
Mr. Odio: ... or just...
Commissioner De Yurre: Well, just... I think...
Commissioner Plummer: No.
Commissioner De Yurre: This is the kind of thing, you know, anything of this
magnitude, I think, deserves careful attention, and there is no reason to rush
it. We have had this system for ninety -some years; we can live with it for a
few more months. And if it is a Charter issue that has to go before the
voters, you know, come next November we have a whole year to get input from
the neighbors and everything, and then put it on the ballot in November 193
where everybody turns out to vote. I am sure it is going to be a hum danger
of an election year. So, you know, we will just do it at that point and time.
18. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED FUNDING OF AN
ANTI -SUBSTANCE ABUSE AND HURRICANE RELIEF -RELATED PLAY TO BE HELD AT
COCONUT GROVE PLAYHOUSE. (See label 21 A)
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, can I do this emergency item?
Mayor Suarez: Yeah.
Commissioner Plummer: Resolution authorizing... and this has been approved
by the Police Chief and by the Manager. A resolution authorizing the final
production anti
Commissioner Dawkins: Hold it. Hold it. Hold it. I hope that this is not a
pocket item of yours for the Coconut Grove Playhouse.
66 November 12, 1992
Commissioner Plumners It is, sir. Well, excuse me... I...
Commissioner Dawkins: Can you table it until I can talk with you for a couple a
of minutes? —
a
Commissioner Plummer: Oh. Of course you can, sir.
Commissioner Dawkins: OK. All right. Just hold it.
Mayor Suarez: Hold the item please.
Commissioner Plummer: Table it until after lunch. Sir, you can't talk to me.
You have to talk to the Manager.
------------------------------------------------------------------------------
19. EXPRESS SUPPORT FOR REVEREND JOHN WHITE'S PROJECT FOR AFFORDABLE HOUSING
IN OVERTOWN / PARK WEST -- DIRECT MANAGER TO IDENTIFY LAND FOR PROJECT
IN ORDER TO FACILITATE RECEIPT OF A $150,000 KNIGHT FOUNDATION GRANT.
20. COMMENTS BY COMMISSIONER PLUMMER ON SUCCESS OF MELROSE PROJECT AND
DISORDERLY CONDITION OF 27TH AVENUE -- REQUEST ADMINISTRATION TO
SCHEDULE ON THE DECEMBER AGENDA.
------------------------------------------------------------------------------
Mayor Suarez: Mr. Manager, I am informed that an item that I requested to
have on this agenda, by date of October 5, 1992, memorandum from me, having to
do with Reverend White and Mr. Hutchinson and Christian Community Services'
proposal where they have $150,000 in a foundation grant to build affordable
housing in the City, and we are simply looking for land in the area of
Overtown Park West, where we have made very very clear with the tax increment
district, the development plan, the inter -local agreement, et cetera, that we
want to do precisely this kind of thing particularly when we have people who
have been in that community for many many years like Reverend White and
Greater Bethel AME. This item, somehow, which I requested to have on the
November 12th agenda, today, somehow didn't make it. I don't think it
particularly has to do with scheduling. I think it particularly has to do,
Aurelio, so I am not picking on you by any means. I think it has to do
with... and I want to ask the Manager to answer why we are not being
supportive, and Reverend White if you would step up to the microphone, why we
are not being supportive of this to the extent of having it on the agenda
today, Mr. Manager, if you know.
Commissioner Plummer: Excuse me, Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: Before he starts, would you tell us what the item is?
What is the.item? I am sorry but...
Mayor Suarez: Mr. Manager, do you, or do you not know, what the item is? You
just said that the item never reached your desk. You must know what item I am
talking about. Do not now say that you don't know what the item is.
67 November 12, 1992
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Mr. Cesar Odio (City Manager): Aurelio told me...
Commissioner Plummer: Well, excuse me...
Vice Mayor Alonso: This is the item for the project....
Mayor Suarez: Are you familiar with the item or not, sir?
Mr. Odio: No, sir, I am not.
Commissioner Plummer: Irrespective of the Manager, Mr. Mayor...
Mr. Odio: I am not familiar.
Commissioner Plummer: .... I would like to know what we are talking about.
Mayor Suarez: I understand but I am taking issue with him. First saying the
Item never made it to my desk, so he is familiar with it, and now saying that
he doesn't know what the item is.
Mr. Odio: I don't know what the item is.
Mayor Suarez: Do you not know what the item is?
Mr. Odio: No.
Mayor Suarez: You do not know of their long-standing request to try to create
some affordable housing in Overtown Park West...
Mr. Odio: Yes.
Mayor Suarez: ... now coupled with $150,000 grant that is standing there and
about to be lost unless we can identify some land for them?
Mr. Odio: Yes, I do know that they have had conversations but I did not know
about that specific item that was supposed to get to me, and never did, so how
am I supposed to know?
Mayor Suarez: All right. So you are saying my memo dated...
Mr. Odio: Aurelio is telling...
Mayor Suarez: ... October 5, 1992 did not make it to your desk, or what
happened to it?
Mr. Odio: Aurelio is telling me we never got it.
Vice Mayor Alonso: I received it.
Mr. Aurelio Perez-Lugones: That is correct.
Mayor Suarez: Commissioner...
3
68 November 12, 1992
a
Vice Mayor Alonso: I did.
Mayor Suarez: ... Vice Mayor Alonso received it at the time.
Vice Mayor Alonso: And also the gentleman visiting...
Mayor Suarez: And you have met with them and discussed their...
Vice Mayor Alonso: Yes, I met with them.
Mr. Aurelio Perez-Lugones: We didn't receive the memo. It is not in my...
It never reached my office. I was apprised of that a few days ago by one of
your staff. At the time, the agenda was printed, and we couldn't do anything
about it.
Mayor Suarez: That is wrong. Let me restate for everybody's understanding
how the agenda works. It seems like you and I have worked on this now for
seven years, and you still don't get it right. The agenda is determined by
the Chairman of this Commission under the rules of the City. You don't just
sort of dispose of an item. I asked for this item with plenty of time so my
colleagues would have time to consider it, and we would have no problems with
the City Code. I asked for the item to be considered, to be brought before
this Commission. I don't like to do it on an emergency basis because I think
it is something that we should avoid. This was supposed to be a regularly
scheduled item on today's agenda. If you get it "late" as per your printing
of the agenda, all you have to do is check with my office and we, again,
inform the Commissioners what the item is. We give them backup information,
and we consider the item.
Mr. Perez-Lugones: Sir.
Mayor Suarez: If any of them wants to invoke the code because they didn't
have the information sufficiently in advance, they may do so. That is their
prerogative, not your prerogative, and not the Manager's prerogative. Do have
that straight, Mr. Manager?
Mr. Perez-Lugones: If I may, Mr. Mayor.
Mayor Suarez: I don't think it involves you, Aurelio.
Mr. Perez-Lugones: No, no, no, no.
Mayor Suarez: This involves the City...
Mr. Perez-Lugones: Your office was...
Mayor Suarez: ... not prioritizing an item of great importance to the
community. That is what it involves.
Commissioner Dawkins: Which the Mayor put on the agenda.
Mr. Perez-Lugones: I understand that, Mr. Mayor. The only thing is that also
your office was apprised that the item was not going to be on the agenda
because we didn't receive that on time, and this was several days ago.
69 November 12, 1992
a
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Mayor Suarez: I will apprise them of that. You don't have to apprise anybody
of that. I will apprise them of that if the item is going to be heard. In
fact, it is going to be heard because I want it heard. If any of my
colleagues object to it, then we have a problem, but it is not your
determination, sir. Not your...
Commissioner Plummer: How can I object to something that I don't know what it
is?
Mayor Suarez: What is important to you is to make sure that you get my memos.
Now, somehow, the other Commissioners got copies of it, but somehow you are
saying you did not get it?
Mr. Perez-Lugones: That is correct, sir.
Mayor Suarez: And the Manager didn't get it? OK. I want, by this afternoon,
to know where that memo went. If it went anywhere in the Administrative staff
of the City, and what happened to it. I want to know that. Now, in the
meantime. Reverend...
Commissioner Plummer: Send it by fax. It has got a date and a time.
Mayor Suarez: Do you need anything that we can give you today...
Mr. Odio: Can I see a copy of it now?
Mayor Suarez: ... that would encourage you to...
Commissioner Plummer: I have not seen it.
Mayor Suarez: ... continue your great efforts in the community, sir?
Reverend John F. White: Thank you, Mr. Mayor and Commissioners. Certainly we
need support. It would help us if we had a resolution from the City
Commission supporting our efforts. The Knight Foundation has given us
$150,000 contingent upon some land that we can receive from the City to do
some affordable housing, basically, with an understanding of some
intergenerational housing. We believe that the... Our community must survive
with elderly and single families together, and our concept is trying to put
the two together so that there could be some support for each other, and that
the church, and the community service agencies can provide the kind of social
services that these people need so they can own these homes, and come to
grips with some of the problems that prevent them from being homeowners.
Mayor Suarez: You are north? Immediately north of northwest 8th street, is
that correct?
Reverend White: That is correct.
Mayor Suarez: Mr. Manager, are you aware of this Commission's resolution that
we want to develop Overtown Park West, north of 8th Street?
Mr. Odio: Yes.
70 November 12, 1992
Mayor Suarez: That is what we consider Overtown. I mean the rest may be
somebody's creation and Bill and Commissioner Dawkins are involved in the
Sports Exhibition Authority and a fine arena that is south, and all of that,
but a lot of people...
Commissioner Dawkins: Hold it. Hold it. Commissioner Dawkins has already
worked with them not only because I couldn't care less about the arena. It is
the people around the arena...
Mayor Suarez: There you go.
Commissioner Dawkins: ... that I am concerned about.
Mayor Suarez: Right. But...
Commissioner Dawkins: Now...
Mayor Suarez: What the area... Wait a minute. Wait a minute. Let me
complete.
Commissioner Dawkins: OK.
Mayor Suarez: The area that we want to really develop, Mr. Manager, is the
historic area of Overtown north of 8th Street.
Mr. Odio: And we are working very hard.
Mayor Suarez: And they are being told that there is no land available for
this magnificent project which has the support of a church, and an
organization that is very successful in doing all kinds of things, and that
doesn't make any sense. I don't think it makes any sense to you either.
Commissioner Dawkins: No. It doesn't make any sense because... How many
parcels of land did Herb Bailey identify for you to look at?
Reverend White: About three.
Commissioner Dawkins: Right. Three parcels, Mr. Manager, have been
identified. I don't understand why we have not even given it to them, as you
say, or came here prepared today to say we can't give it to you, or what. But
a somewhere along the line your memo should have been the one that sparked our
doing what we are suppose to do. But I have been working with everybody...
F
Everybody up here has attempted to work with them to get this done.
Commissioner Plummer: Is it the intent of the developer to pay the City some
fee for the property?
Mayor Suarez: I warned you that at some point that question would be asked by
one member of this Commission.
Commissioner Plummer: No. You know, Mr. Mayor, I continue to say, and I am
sorry, that it has to be said, but if these programs are to continue, you
can't... You got to run out of land, and we are rapidly running out of land
for future projects...
71 November 12, 1992
i
Mayor Suarez: Well, in the case...
Commissioner Plummer: ...and the only way that projects...
Mayor Suarez: That is true.
Commissioner Plummer: ... can continue into the future is to get some money
back to buy other land...
Mayor Suarez: Right. In the case of the tax...
Commissioner Plummer: ... and if you don't we are dead.
Mayor Suarez: The one tax increment district that is functioning so far in
the City, if those projects get built, they would be taxable. And that money
goes back into the district and can be bonded out, and we can continue the
redevelopment of Overtown more along the lines of the historic neighborhood
than what we have done so far, which is south of 8th Street. So, at least in
that case, there is some element of continuity, which I know is what concerns
you.
Commissioner Plummer: Of course.
Mayor Suarez: Because you are afraid that we just give away land and never
get any money back. Typically, the disposition agreements we enter into do
call for some money to be received back to the City. We have done sometimes a
situation where you get interest for 10 years, and principal at the end of 10
years. We have done that in Allapattah, and done some nice projects in
Allapattah based on that formula, and East Little Havana and Overtown. We
would like, I think, to extend, at least, that formula to you, keeping in mind
that you are going to add to the tax increment district in any event. Mr.
Manager, may we have your recommendation by no later than December loth?
Mr. Odlo: Yes. I will...
Mayor Suarez: And understanding that, I think, there is a majority of this
Commission that wants this to move.
Mr. Odio: No, no. And I want to do something too.
Mayor Suarez: Do you need an resolution to that effect so that it could help
you with your funding?
Reverend White: That is correct.
Mayor Suarez: All right. I will entertain a motion.
Commissioner Plummer: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Moved and seconded by Vice Mayor. Call the roll.
72 November 12, 1992
_.T
Reverend White: Thank you.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-717
A MOTION OF THE CITY COMMISSION IN SUPPORT OF A
PROJECT AS OUTLINED BY REVEREND JOHN F. WHITE, FOR THE
DEVELOPMENT OF AFFORDABLE HOUSING IN THE OVERTOWN PARK
WEST AREA, WHICH PROJECT IS THE RECIPIENT OF A KNIGHT
FOUNDATION GRANT OF $1509000 CONTINGENT UPON SAID
GROUP RECEIVING FROM THE CITY THE NECESSARY LAND FOR
CONSTRUCTION OF THE PROJECT; FURTHER DIRECTING THE
MANAGER TO COME BACK WITH A RECOMMENDATION AT THE
MEETING OF DECEMBER LOTH CONCERNING VIABLE WAYS IN
WHICH CITY LAND CAN BE MADE AVAILABLE.
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Mr. Aurelio Perez-Lugones, is he still there?
Commissioner Plummer: Mr. Mayor, just for your edification, while you are
waiting for him, I happened to drive by Melrose yesterday, the Melrose
project, and it is really coming out of the ground. The construction is well
under way.
Mayor Suarez: And I think the units are selling quite well, and, of course,
with the hurricane there would be that much more interest in them, and that is
a great, great news.
Commissioner Plummer: Twenty-seventh Avenue is a mess.
Mayor Suarez: Twenty-seventh Avenue is a mess thanks to DOT (Department of
Transportation).
i
Commissioner Plummer: From the bridge north is incredibly a mess.
Commissioner Dawkins: Commissioner Plummer, I am ready to talk to you on your
item. Go ahead now.
Mayor Suarez: I just want to say, Mr. Manager, while you talk to them, and
Karen, this time, Aurelio, the item is on the agenda by the determination of
73 November 12, 1992
- at
this Commission made today. No need to look for memos after this. It is a
resolution of this Conmission that we have this final report at the next —
Commission meeting. So we got no problem with memos getting lost.
Vice Mayor Alonso: Mr. Mayor, after the pocket item that Commissioner Plummer
has I would like to bring the Allapattah issue...
Mayor Suarez: All right.
Vice Mayor Alonso: ... on Camillus House...
Mayor Suarez: All right.
Vice Mayor Alonso: Since we were talking about self-determination...
Mayor Suarez: Yes.
Vice Mayor Alonso: ... and pocket and all of it, I like the...
Mayor Suarez: Emergency matters, yes. Commissioner Plummer.
21. (A) ALLOCATE $100,000 FOR AN ANTI -SUBSTANCE ABUSE AND HURRICANE -
RELATED PLAY AT COCONUT GROVE PLAYHOUSE FROM LAW ENFORCEMENT
TRUST FUND (LETF).
(B) REQUEST ADMINISTRATION TO LOOK INTO THE POSSIBILITY OF
ALLOCATING $100,000 FOR BLACK COMMUNITY AND $1009000 FOR
HISPANIC COMMUNITY FOR SIMILAR TYPE PROJECT AS IN (A) ABOVE.
(C) BRIEF DISCUSSION CONCERNING POSSIBLE ALTERNATIVE USES FOR LAW
ENFORCEMENT TRUST FUND (LETF) -- COMMISSIONER PLUMMER REQUESTS
ADMINISTRATION TO FORWARD TO THE COMMISSION A MEMO EVERY FRIDAY
MORNING CONCERNING EXPENDITURES FROM THE LETF.
------------------------------------------------------------------------------
Commissioner Plummer: Can I... "A resolution authorizing the funding of a
production of an anti substance abuse and hurricane related play in
conjunction with the Coconut Grove Playhouse at a cost of $100,000, and
allocating funding therefrom, from the Law Enforcement Trust Fund upon such
cost having been approved by the Chief of Police, and the City
Administration," Mr. Mayor, I so move.
Mayor Suarez: So moved.
Vice Mayor Alonso: I second it.
Commissioner Dawkins: Under discussion.
Commissioner Plummer: This is a continuation just for the record.
Mayor Suarez: Commissioner Dawkins.
74 November 12, 1992
4
9
�F
Commissioner Dawkins: Under discussion. This is the same project that was
done last year?
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: This is the same project that was done a year before
that?
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: And at the last time it was done the Police Department
was given the directions by the Mayor, and seconded by the rest of the
Commissioners up here...
Commissioner Plummer: That is correct.
Commissioner Dawkins: ... to make $200,000 available. A $100,000 available
for the project that I had in mind...
Commissioner Plummer: That is correct.
Commissioner Dawkins: ... and another $100,000 to be shared for projects that
these other Commissioners up here wanted.
Commissioner Plummer: That happens to be correct.
Commissioner Dawkins: All right. That has not been done. They have not done
It, but, yet, as soon as this one hits the board they are ready to approve it.
Commissioner Plummer: Mr. Dawkins, I concur with you wholeheartedly. You are
correct in your statement. May I offer you this suggestion, sir, so that we
don't hold up this particular program, which I feel is an excellent program.
That we approve this program with a mandate to the Administration to come back
with the additional funding within 30 days of the additional $100,000.
Commissioner Dawkins: No, no, no.
Commissioner Plummer: OK. No, no, no.
Commissioner Dawkins: They _come back with $200,000 for me, and $200,000 for
everybody else. Four hundred thousand. We just can't let you get a $100,000
ahead of us.
Commissioner Plummer: Oh. Excuse me. Oh. Excuse me. I don't want this to
be termed J.L.'s motion. OK? Anybody else that would like to make this
motion, it is fine. If you wanted to do it that way it is fine. But I am
merely presenting this thing as I have done from day one. It was not my item,
but if you want to call it my item, I am proud to be associated with it. OK?
Commissioner Dawkins: I think we are all proud to call it our item. It is in
the City of Miami. We are City Commissioners. Just because it is for Coconut
Grove doesn't mean any more, or any less, the project of these Commissioners.
75 November 12, 1992
-- -
Commissioner Plummer: Mr. Dawkins, if what you want, sir, is an additional
$400,000 beyond this one, sir, that is fine. I don't know that there is that
much money there, so I don't know what kind of jeopardy that would put this
particular item in.
Commissioner Dawkins: None whatsoever. We approve this one with the
suggestion that they do the others.
Mr. Jones: Commissioner.
Vice Mayor Alonso: Yeah. I am very supportive of this item and I had
seconded it, but I have a question. Why was Commissioner Plummer,
Commissioner Dawkins and the rest of the Commission informed of the decision
that we had not enough money to carry on the request of Commissioner Dawkins,
because we are going through the same scenario that we went through last year.
And I think it is a little bit embarrassing for all of us, and especially for
the person who is presenting the pocket item, and we all are very supportive
of this project. Why do we have to go through this when, in fact,
Commissioner Dawkins, last year, asked the same thing. Why we never receive
an answer about this specific issue?
Commissioner Plummer: We the Commission, unanimously voted with Commissioner
Dawkins.
Vice Mayor Alonso: Yes.
Asst. Chief Raul Martinez: Commissioner, I don't recall last year's request.
I am not saying that it wasn't done. I wasn't here when it was done.
Vice Mayor Alonso: Well, I think that is part of the problem.
Commissioner Dawkins: Get a copy of the minutes.
Vice Mayor Alonso: We made decisions...
Commissioner Dawkins: Get a copy of the minutes.
Vice Mayor Alonso: ... and then they don't carry on. Whether it is the
Police Department or other departments, and then we face ourselves again 30
days later, three months, a year, two years, and people seem to ignore what we
do. I want to remind all of the people present here listening to us and the
Administration that we set policy in the City of Miami, and even though we see
things that disturb us tremendously...
Commissioner Plummer: I disagree with you.
Vice Mayor Alonso: ... we have to have answers. When we instruct either the
Police Department or the Administration to carry on, I think we have to have
an answer. And it is very disturbing to see that one year later we have to go
through the same problems.
Mr. Odio: Well, we don't know when a pocket
we had known that the pocket item was coming
Commissioner that we had no monies to do that.
item is coming up sometimes. If
up, we would have informed the
76 November 12, 1992
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Commissioner Plummer: Mr. Manager...
Vice Mayor Alonso: I understand that you don't know about a pocket item...
Commissioner Dawkins: Whoa!
Vice Mayor Alonso: ... or an emergency item...
Commissioner Dawkins: Wait a minute.
Vice Mayor Alonso: ... but this was an item that was taken last year.
Commissioner Plummer: Wait. Whoa. Whoa. Whoa. Joe.
Major Don Warshaw: We have to tell them... Commissioner.
Vice Mayor Alonso: Mr. Mayor, if I may finish please.
Mayor Suarez: Yes. Please let's... One at a time, please, Commissioners.
Vice Mayor Alonso: Because 1f you are going to scream I will do it louder
than all of you guys.
Lt. Longueira: Commissioner, Can I just clarify something?
Vice Mayor Alonso: Let me finish please...
Lt. Longueira: OK.
Vice Mayor Alonso: ... because I have... Usually I have a hard time trying
to get five minutes opportunity with some of my fellow Commissioners. So if
you allow me to finish I really appreciate it. Thank you. What I was saying
is I understand that the Manager does not know sometimes about pocket items,
but this was a pocket item one year ago. When it came to us, and it was part
of our discussions, and if he were to listen for a minute he would know what I
am saying.
Commissioner Plummer: Excuse me.
Vine Mayor Alonso: I am not finished...
Commissioner Plummer: All right. I am waiting for you to finish.
Vice Mayor Alonso: ... but I am trying to wait until they listen to me.
Mayor Suarez: Please everyone... Everyone. Major. Thank you.
Commissioner Plummer: I pulled it last month.
Mayor Suarez: Please. The Commissioner is addressing the issue. Go ahead.
Vice Mayor Alonso: Yeah. I really appreciate that when we are...
77 November 12, 1992
Mayor Suarez: All right. May we have everyone's undivided attention on the
staff at least, colleagues, as much courtesy as can possibly be asked for.
All right.
Vice Mayor Alonso: Thank you. The point here is precisely that they don't
know the issues that we vote on, and the decisions that we make. They don't
pay attention to that, and, therefore, we find ourselves in situations that
repeat over, and over, and over as today. Right now we are going over the
same item we faced last year. I understand that the Manager does not know,
sometimes, about pocket items, as right now. But last year when the item came
to us. Went from a pocket item to a decision of this Commission. So he knew
about this. My question is why was the issue ignored, and not addressed in a
proper fashion, and correspondence sent to all of us addressing the request of
the Commission? And that is my question.
Asst. Chief Martinez: Commissioner, we do not ignore the Commission's
requests. I will find out what happened with last year's resolution passed by
this Commission. But don't forget that all these monies are competing with
other requests. I do not know if that was the rationale or not. I do not
know whether memorandums were sent saying we are going to approve it, we are
not going to approve it. We will find out. We will come back to this
Commission and let you know what happened with that request last year.
Vice Mayor Alonso: Yeah. The answer is long overdue. Twelve months is a
long time.
Asst. Chief Martinez: Yes, ma'am.
Mayor Suarez: Commissioner Dawkins.
Commissioner Plummer: Just for... If I may, just for the record.
Commissioner Dawkins: Go right ahead, Commissioner.
Commissioner Plummer: This was to be proffered...
Commissioner Dawkins: Go right ahead, sir.
Commissioner Plummer: This was to be proffered at the last meeting. I pulled
it from the last meeting because it had not been run by the Chief and by the
Administration, and I said that I would not bring it up without those
approvals, and that is the only reason that I brought it up today because...
And there is two others here. So you don't... You are not getting blind
sighted. One of them I don't know that I am in favor of, but there is another
one here for the Orange Bowl Parade float of $35,000. That is on here, and Do
The Right Thing is on here for - how much? - a hundred and forty thousand
dollars. These are not J.L.'s items. Let's make that very clear.
Commissioner Dawkins: But they do... OK. All right.
Commissioner Plummer: They were brought to me because...
Commissioner Dawkins: They are not mine either.
78 November 12, 1992
Commissioner Plummer: Excuse me. Because you all have said that J.L. is the
Commission Awareness as it relates to police and fire. That is why they were
brought to my office.
Commissioner Dawkins: You all, who, said that? I didn't say that.
Commissioner Plummer: That is your problem.
Commissioner Dawkins: OK.
Commissioner Plummer: So I just don't want you to think... Plus I got one
other but it doesn't come under this, and that is the Pig Bowl. The waiver of
the Pig Bowl. So they came to me because of Commission Awareness, and that is
why I am bringing them up, but I had the other resolutions. The only reason I
brought up the Playhouse was is because Arnold Middleman and Judy Wisner, the
Chairman of the Board, are here, and I wanted to take care of it so they
didn't have to sit here all day.
Commissioner Dawkins: And I have to say, Commissioner Plummer, that I think
that they visited all of us because they were in mine. See. It is not that
this is before us not knowing what it is because they were in to all of our
offices.
Commissioner Plummer: I suggested it.
Commissioner Dawkins: My only concern is, again, that I don't know why it is
that whatever I say up here the Administration gives, they just don't care.
They don't do nothing. Nothing that I say up here gets taken into
consideration. All they say is Miller Dawkins said and move on. I mean it is
unfair.
Mayor Suarez: Let me inquire, Commissioner, following up on that line of
thought. Chief, I see you as the highest ranking of the trio of uniformed
officers up there. Let me put you on the spot, and, of course, the Manager
indirectly. Do you have copies of all the memoranda that I have submitted on
the issue of the Law Enforcement Trust Fund, and how we are going to try to
administer it? Have you seen all of those?
Asst. Chief Martinez: Yes, sir.
Mayor Suarez: Did you have to first check to see if the Manager was going to
go like this or... I mean have you read them? Do you know what some of that
stuff contains? I have tried, first with Commissioner Dawkins, and he kind of
gave up, and then with Commissioner Alonso, and I don't think she has given up
from what I hear today, to structure some sort of a process where we are
proactively involved in the setting of priorities. I have in other memos
suggested that I am concerned about the amount of valuables that is being
collected because I had picked up that we had a sort of decreasing effort in
that sense. We did at the time. We did. Now I have gotten some memos
recently to the effect that the money has become, again, fairly large in
recovery. What is it, by the way, the latest on how much money we have in
the...
79 November 12, 1992
Asst. Chief Martinez: I think the latest is 2.8, and the reason that I looked
at the Manager before...
Mayor Suarez: Two point eight million.
Asst. Chief Martinez: Two point eight million. Right.
Mayor Suarez: Just so everybody knows.
Asst. Chief Martinez: And the reason I looked...
Mayor Suarez: Now how much of that is disposable, or how much of that is
still just pending for court approval?
Asst. Chief Martinez: Well, there is... No. Two point eight is available to
us now. Now there is future programs...
Mayor Suarez: So that answers part of what we are concerned about. Let's say
we vote favorably on this, and I don't think anybody want to not vote
favorably on this. There is certainly plenty ofmoney for other programs.
Now, we want to give those very high priority. We would love to get a phone
call from any of you, or a visit that says, you know, we have the $400,000
that Commissioner Dawkins is referring to, and we want to ask you to help us
prioritize that, and get us involved in a proactive way, not with items
already determined in fait accompli. I understand the Chief under State law
makes the recommendat{-,.ns.
Asst. Chief Martinez: Yes, sir.
Commissioner Plummer: I don't agree with that.
Mayor Suarez: No?
Commissioner Plummer: No. Other cities are using those monies for other
things other than what we are being told here.
Mayor Suarez: You mean operational type things.
Commissioner Plummer: I am telling you that the...
Vice Mayor Alonso: The problem is every time...
Mr. Jones: Commissioner, that doesn't mean that...
Vice Mayor Alonso: ... we try to address the issue we are told we can't do
it.
Commissioner Plummer: Wait. Wait.
Mr. Jones: That doesn't mean that it is legal because they are doing it. The
Statute is very clear as to what the money is to be used for.
Commissioner Plummer: Sir, I cannot envision that other cities would
Intentionally, knowing...
80 November 12, 1992
f ?�
Mr. Jones: You would be surprised.
Commissioner Plummer: ... break the law.
Mayor Suarez: Well, and to the extent...
the thought here.
El
I am sorry. Let me just complete
Commissioner Plummer: No, I wouldn't be surprised.
Mayor Suarez: To the extent that the law constrains us, I don't know what the
Chief's position is, and he is entitled to his own position. Hopefully, the
Manager, whom we appoint, will understand that this Commission's position is
we want to have wide latitude in spending these monies, so to the extent that
the law constrains us let us change this State law. We got a bunch of nice
legislators who I know are willing to do what we want them to do in this area,
and we would like to have wide latitude. These programs are great but,
frankly, there is a lot of police work that needs to be done there, and I
don't see why regular old police work cannot be paid for from the Law
Enforcement Trust Fund. I really don't understand that.
Asst. Chief Martinez: You are right, Mr. Mayor, and that is why when we say
2.8 million dollars are in the bucket now...
Mayor Suarez: So when you say I am right...
Asst. Chief Martinez: ... there are police projects...
Mayor Suarez: ..0 do you support... Does the Chief support, and this
Administration support, the concept of making sure the law gives us wide
latitude? Can I put that on the record?
Asst. Chief Martinez: Well, I can't speak for the Chief.
Mayor Suarez: I didn't think you would. All right.
Asst. Chief Martinez: I can't for the Chief in that position. No, sir.
Mayor Suarez: We support that. So we want you to know that. So the next
time somebody says, "Does the Commission support that, does the Commission
like these constraints?" We do not like those constraints.
Vice Mayor Alonso: No. Not at all.
Asst. Chief Martinez: We understand that.
Mayor Suarez: We want to change those constraints.
Commissioner Plummer: Well, let me tell you how you do it. Very simple. You
just tell the Administration as of right now there will be no more approval by
this Commission, which the law states we are the final approval, until such
time as there is an understanding by all parties concerned. That is how you
do it.
81 November 12, 1992
Mayor Suarez: No, but we also want to have more latitude under the law, and I
think we ought to pursue that with the legislative change.
Commissioner Plummer: That will bring about the latitude.
Mayor Suarez: Yeah. No, no I mean 1n the State law.
Vice Mayor Alonso: Maybe as a legislative priority.
Mayor Suarez: Yes. I think it should be a very high legislative priority.
Vice Mayor Alonso: And we have been talking for a long time and as we see
other cities are creative. Maybe we are not as much, and they get away and we
don't.
Mayor Suarez: Right.
Vice Mayor Alonso: So we have to change the law. It is as simple as that,
and we have been talking about this for a long time, and I think we have to
move in that direction otherwise we will never be able to have some of the
projects that we believe are important for the City of Miami.
Mayor Suarez: And then, of course, we are back to knowing now that we have a
substantial amount of money in the fund, and that we would be able to satisfy
priorities set by this Commission to the tune of $400,000, as suggested by the
Commission, and so we are out of the impasse.
Asst. Chief Martinez: Let me clarify something with you, Mayor. We said 2.8
million dollars, but that... About 1.5 of that two point is earmarked to fund
police projects that are coming up in January, and February and March.
Mayor Suarez: That we think are absolutely of the essence, and... OK.
Asst. Chief Martinez: Yes, sir.
Commissioner Plummer: Maybe.
Mayor Suarez: And they do fall within the constraints of the law.
Commissioner Plummer: Maybe. We have not approved them yet.
Asst. Chief Martinez: You are right. Correct.
Mayor Suarez: Well, but they come with...
Commissioner Plummer: And we may... Just take the message back. We might
not.
Asst. Chief Martinez: That is your prerogative, sir.
Mayor Suarez: Now, there is still enough money there. How much have you
seized in the last 12 months?
82 November 12, 1992
Asst. Chief Martinez: The last report we sent you... I think we sent you a
report about six weeks ago.
Mayor Suarez: Yeah. It is a very simple question. Now, are you going to
allude to a report that you sent me or didn't send me.
Asst. Chief Martinez: Six weeks ago.
Vice Mayor Alonso: They don't have an answer at the present time.
Mayor Suarez: I can allude to many many reports that I have sent you that I
am sure you don't remember verbatim, or even the... You know.
Asst. Chief Martinez: It was approximately 1.6 million dollars that that
report that we sent to you like a month ago that we had seized.
Mayor Suarez: Seized in the last...
Asst. Chief Martinez: I think it was in the last 12 months.
Mayor Suarez: All right.
Asst. Chief Martinez: I believe that is what we reported. That is why I am
thinking...
Mayor Suarez: So the rate of recovery is still being maintained somewhere
between one and half and two million dollars a year.
Asst. Chief Martinez: Well, it depends, you know. We could get you more than
three million dollars.
Mayor Suarez: Based on that. All right.
Commissioner Plummer: Mr. Manager.
Asst. Chief Martinez: The historical is not very good. Sometimes it rains,
and sometimes it pours.
Mayor Suarez: Yes. Sometimes the drug dealers come with more money.
Sometimes they come with more something that we can't get our hands on. Yes.
Commissioner Plummer: I would like every Friday morning, no later than nine
o'clock, a full.report of that fund, and I am sure you will furnish it to the
rest of the Commission. Every Friday morning at nine o'clock, no later, I
want an.accounting of that fund.
Mayor Suarez: All right.
Asst. Chief Martinez: To show what, Commissioner Plummer?
Commissioner Dawkins: Call the roll on the item.
Mayor Suarez: OK.
83 November 12, 1992
�Tr-
..
Asst. Chief Martinez: To reflect what?
Vice Mayor Alonso: The balance.
Asst. Chief Martinez: The balance in the fund? Monies that were spent?
Commissioner Plummer: The balance in the fund, and anything else you wish to
put in that report.
Asst. Chief Martinez: OK.
Commissioner Plummer: Now, can we get back to the item, yes or no, 1n
reference to the playhouse?
Mayor Suarez: We are about to do that.
Commissioner Plummer: All right, sir.
Mayor Suarez: OK.
Vice Mayor Alonso: Call the roll.
Mayor Suarez: Do we have a motion and a second?
Commissioner Plummer: The so called J.L. Plummer pocket item.
Mayor Suarez: Please give me a motion because...
Vice Mayor Alonso: We have a motion and a second.
Commissioner Dawkins: Call the roll.
Mayor Suarez: Plummer made a motion and then said that he didn't want to make
it, but he wanted to make it...
Commissioner Plummer: No. I didn't say that.
Mayor Suarez: ... and we didn't know if he wanted to or didn't want to, but
we have three people anxiously waiting your making that motion...
Commissioner Plummer: That is correct, sir.
Mayor Suarez: ... and seconded.
Vice Mayor Alonso: And it was seconded by me.
Mayor Suarez: Very good. Call the roll.
84 November 12, 1992
A
The following resolution was introduced by Commissioner Plummer, who
moved its adoptions
RESOLUTION NO. 92-718
A RESOLUTION AUTHORIZING THE FUNDING OF A PRODUCTION
OF AN ANTI -SUBSTANCE ABUSE AND HURRICANE RELATED PLAY,
IN CONJUNCTION WITH THE COCONUT GROVE PLAYHOUSE, AT A
COST OF $100,000; AND ALLOCATING FUNDS THEREFOR FROM
THE LAW ENFORCEMENT TRUST FUND, UPON SUCH COSTS HAVING
BEEN APPROVED BY THE CHIEF OF POLICE.
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: And we finally have a City Hall sign at the entrance of Pan
American Drive which 1 presume the Wisners were a factor in getting put up
there as per their prior pledge, and we could use a little bit of landscaping
around there after the hurricane so maybe the Wisners would... When they get
the landscaping done on the...
Commissioner Dawkins: I think. I think.
Mayor Suarez: ... Grand Bay they could maybe fix up a little bit of ours
across the street. The Manager will sign documents...
Commissioner Dawkins: I think Mrs. Wiser needs to explain to the Mayor that
this is not personally for her and her husband, this is for the Coconut Grove
Playhouse...
Commissioner Plummer: I think that is called extortion.
Commissioner Dawkins: ... and I don't think they should have to pay a penalty
for it.
Mayor Suarez: But so that Grand Bay benefits from the look on this side of
the street I am sure you want to fix up the flower bed and so on, as you put
your own flower beds back in shape, which 1 am sure is going to happen soon
because...
Commissioner Plummer: That is extortion.
85 November 12, 1992
Vice Mayor Alonso: Yes.
Mayor Suarez: So maybe just send then across the street and tell them to
plant a few. The Manager will give you a document that says you can do that.
Not you personally, although you are welcome to do it personally. Arnold
would be great at that. All right. We are back to item 5. No. I am sorry.
22. STATE CITY COMMISSION POLICY THAT THE ADMINISTRATION MUST OBTAIN
COMMISSION APPROVAL CONCERNING ANY PLANNED OR PROPOSED RELOCATION OF
HOMELESS SHELTER FACILITIES, INCLUDING CAMILLUS HOUSE, PRIOR TO HOLDING
MEETINGS TO CONSIDER SAID ISSUE.
Mayor Suarez: Commissioner, you had an item.
Vice Mayor Alonso: Yes. And it is in reference to the Camillus House and
Allapattah situation, and I was going to, as you all are aware, there have
been changes in the votes, at least I decided to change my vote in reference
to the Camillus House situation, and the location in Allapattah, and it is my
intent to vote against the original motion as presented to us. I think the
citizens of Allapattah came loud and clear in their position of rejection of
the proposal, and the reason they have done that is, first of all, because
they were not informed in the proper way. I guess that, unfortunately, in the
society that we live today, most areas will do exactly the same thing. They
just don't want the operation in their neighborhood. I was going further and
I was going to move that the item not in reference only to Allapattah, but the
City of Miami be brought back to us in the near future until we have an
agreement with the County and other municipalities of having different size,
small size, as I have been saying for the last two years. If we all take the
moral responsibility of taking a very small group or what we have in our
neighborhoods, it will resolve the problem for all of us in Dade County, and
it will be a serious step in resolving the problem of the homeless. Until we
had... I was going to move in that direction. Since I received
correspondence from the people supportive of Camillus House and the homeless,
and they want an opportunity, perhaps, to come back with some other proposal
in the future. I think I am not going to go as far this time. I am planning
to look at the situation, to examine it in a comprehensive way and, perhaps,
to come back with suggestions as areas that we should start looking, and
addressing, and saying if we have 25 people in front of Little Flower in Coral
Gables, and we have 25 people in front of the home of the judge who told the
City of Miami that we cannot remove homeless from our properties, and if we
take 25 homeless, and we place them in front of my home, and we take 25
homeless and we place it in different locations, we will begin to address the
problem. At this time, I am making very clear that I am not going to be
supportive of moving Camillus House into Allapattah, and I don't think that we
should be saying that we are ready to do it in any neighborhood in large
numbers because I think we are going to be going through the same problem
again. I think it has to be done in a different way. I realize that we have
86 November 12, 1992
a serious problem, unfortunately, the rest of the world seems to believe that
this is Miami's problem. It is not. We have a serious problem in downtown.
I feel sorry for the merchants in downtown. I recognize the problem that the
City of Miami and Dade County face with tourism, and the image for our City,
but you cannot just move one problem into a different neighborhood. When
originally I supported the motion ... was because I felt it was going to be
different. Even though I still feel that that could have been the answer, or
the beginning to resolving the problem, having a limited amount, I understand _
the fears of the people in the area, and I respect their position, and I am
stating very clear today that I support the neighbors and merchants of
Allapattah, and I will not be voting in moving Camillus House into their
neighborhood, and I suggest that very seriously we start working, and I offer
myself to be working with the people of downtown, if they so desire, and the
entire Dade County. Not only waiting for the 18 million that we will receive,
but looking at possibilities of asking the people to open their hearts all
through Dade County, and not only say it is Miami's problem. It is just the
City Commission, downtown people, and the neighborhood affected. We have seen
the people of Coconut Grove saying no to the proposal. We have seen people
saying no to a horrible plan that was prepared for Flagler Street, and that we
didn't even know that it was happening. We have seen it in the area of the
Northeast. We have seen now Allapattah, and we will continue to see the same
incidents. I don't think it is healthy so we have to start looking at the
possibility of small groups all through Dade County, and beginning to address
the problem. My position is very clear. I will not vote in support of the
previous motion as presented at this Commission, and if you need a vote at
this time, if you need a motion at this time... (INAUDIBLE COMMENTS NOT
ENTERED INTO THE PUBLIC RECORD.) I beg your pardon?
A. Quinn Jones III, Esq. (City Attorney): To reconsider.
Vice Mayor Alonso: Motion to reconsider.
Commissioner Plummer: What was the previous motion?
Vice Mayor Alonso: To instruct, I believe, the...
Commissioner Plummer: The previous motion was only for discussion. As I
recall, it did not take any action at all.
Vice Mayor Alonso: No. And to instruct the Administration to begin
negotiations. That... Was it not?
Mayor Suarez: Absolutely. A call for action.
Vice Mayor Alonso: Yes.
Commissioner Plummer: So the motion at this time, I am just asking for the
record, would be to cease negotiation. Is that what it is?
Vice Mayor Alonso: First to reconsider.
Mr. Jones: First you need a motion to reconsider the issue.
Vice Mayor Alonso: OK. I so move.
87 November 12, 1992
Mayor Suarez: So moved.
Commissioner Dawkins: Motion to... Just a minute now.
Vice Mayor Alonso: Reconsider.
Commissioner Dawkins: Reconsider the previous motion instructing the Manager
to find a solution to the Camillus House...
Commissioner Plummer: No.
Commissioner Dawkins: ... problem. Is that what we are doing?
Commissioner Plummer: No, no.
Vice Mayor Alonso: No. First of all I would like...
Commissioner Dawkins: OK. I need...
Vice Mayor Alonso: ... to state my position. If it is going to be too
complicated, Mr. City Attorney...
Mr. Jones: No.
Vice Mayor Alonso: ... and we have to wait for the 10th of December, I have
made my position very clear, on the record, and I will proceed to vote
December 10th. My intent in bringing up the item today is to convey the
information to the Administration in a formal way so that the neighbors, and
the people of downtown, and everybody concerned know no of my position since
it was a very tight vote, three in favor. I am changing my vote. It will
just change the outcome of the situation.
Mayor Suarez: Yeah. You really don't have to have a motion to reconsider.
You can move to...
Mr. Jones: You don't want to reconsider?
Vice Mayor Alonso: So... So what I am saying.
Mayor Suarez: You can move to instruct the Manager to stop the...
Vice Mayor Alonso: What he said we need...
Mayor Suarez: ... negotiations.
Mr. Jones: No. But I was under the impression...
Mayor Suarez: I think he...
Mr. Jones: ... that she wanted to change her vote on the last... As the
motion was passed.
Mayor Suarez: No. That is unnecessary.
88 November 12, 1992
x }
r
Vice Mayor Alonso: Unnecessary. I am making very clear my position.
Mayor Suarez: if you want to change directions, you can do it by a motion
instructing the Manager not to proceed with those negotiations, and we will
see how that...
Vice Mayor Alonso: Since we have many items today I don't want to take time
of the Commission if you don't want to do it at this time, to go into more
information. I just felt that 1t was necessary to make it in this forum.
That is why I am doing so.
Mayor Suarez: Well, since it was a three to two vote, and you were in the
majority...
Vice Mayor Alonso: It does change...
Mayor Suarez: ... if you now indicate, publicly, that you feel differently,
that sort of gives a fairly clear indication to the Manager...
Vice Mayor Alonso: Exactly.
Mayor Suarez: ... but I would suggest that you make it into a formal motion,
unless the Commission wants to discuss this more fully on the 10th because...
Why not do it now? I don't know of anybody who is going to change their minds
from the November to the December, and make it clear how we stand for the
community.
Commissioner De Yurre: Well, Mr. Mayor.
Mayor Suarez: Yeah.
Commissioner De Yurre: If I may for a second.
Commissioner Dawkins: Wait. Wait a minute. Let me second her motion for
discussion.
Mayor Suarez: Second. Commissioner.
Commissioner Dawkins: Go ahead. Under discussion.
Commissioner De Yurre: If that is, you know, the wish...
Commissioner Plummer: Excuse me. You can't speak to a motion to re...
Commissioner De Yurre: ... then I don't think we really need to reconsider
it. It is just a matter of saying, you know, cease. Cease the directives
that were given to you the last meeting, and that is the end of that. I think
it is important that we make some further statements. Firstly, there is not
enough support in this Commission to transfer the concept of what existed at
Camillus House to another area, and that is good, because it should not be so.
The concept of Camillus House, presently, is an archaic concept. It is a
concept that needs bringing itself up to speed to the 21st century, and I have
always been a firm believer of the concept of rehabilitation as being the way
89 November 12. 1992
to go to help those who find themselves in dire straights. It is not fair for
any area whether it was Edgewater, Wynwood, the Northeast, as it was proposed
once, Allapattah, or Coconut Grove or any other community just to accept what
exists in another area just for the sake of bettering that area where it
existed presently. There has to be a realization that as long as the concept
and the philosophy is to transfer what exists in the downtown area to some
other part of the City of Miami, that will never happen the way this City
Commission is composed at this time. Philosophically we do not believe it is
the right way to go. Morally it is not the right thing to do. So it is time
that one of two things happen. If Camillus House wishes to stay within the
City of Miami they have to change their philosophy of the work that they do.
If we are talking about doing rehab work, that is something that we can look
into, because I feel that it is an appropriate thing for the City of Miami.
We have our homeless. I am sure, and we certainly know, that a lot of the
people that are homeless in the City of Miami are not from the City of Miami,
but we do have our own homeless that have met problems, and find themselves in
that situation. Alternatively, if they wish to continue the same type of
operation, and expect our support, expect the support of the County, they have
to look to an area outside of the City of Miami. I think that that is quite
clear over the five years that I have been here. That has been whether it is
three/two, four/one or five/zero that has been, basically, the concept of this
City Commission. One thing that we have to do is look for alternatives.
Whether the concept is to approach those that are part of this "We Will
Rebuild" concept, which are basically composed of people that are involved in
the downtown, and the power structure of the City of Miami, or Greater Miami,
and maybe the concept should be to put "X" millions of dollars that they have,
30 million, 40, 20, into a trust account and draw two, three, four million
dollars annually, and support an effort of this nature somewhere in a major
complex in Greater Dade County. These are things that we have to look at if
we expect ever for Camillus House to move from where it is at. One thing that
I am a firm believer of also is that the perception is that if Camillus House
goes, so goes the problem of the homeless in the downtown area. I do not
believe that. I believe that the homeless will stay, basically, in the
downtown area whether Camillus House moves or not until we get a directive
from the Federal Court to do otherwise, or that we are allowed to do certain
things. Maybe it is time that we push the issue, and get a directive from the
judge as to what we can or can't do because as it stand right now, we are in
limbo, and it is a proliferation of a situation that needs to be remedied one
way or another. I would certainly be in favor of doing what it takes, whether
to go back to the court, or maybe taking some action...
Mr. Jones: Yeah. What you... Commissioner, what you would be doing is
tantamount to an advisory opinion which the court will not issue. My
suggestion to you is that since we have had one aspect of the case...has been
tried, it still remains... Remaining aspect... Is we wait and see what
direction... How the judge is going to rule because to do anything otherwise
is going to be premature. The judge's order is quite clear as to what we can
and cannot do. And at this point I don't think it is going to serve any
purpose, or the judge is going to even entertain anything further in terms of
clarification, whatever, because this is very clear. We are not to do
anything in the nature of harassing the homeless, moving them from where they
are now, things are status quo. So that is my suggest to you that I think
that a decision from the judge is probably eminent.
90 November 12, 1992
Commissioner be Yurre: But when? I mean like, how long have we been waiting
for this decision?
Mr. Jones: Well, you only recently had the first phase of the trial, which I
think was about a month and a half ago, and I think that the remaining phase
is scheduled sometime next month. That is my recollection.
Commissioner Plummer: Can I ask a question?
Mr. Jones: Sure.
Commissioner Plummer: Are the homeless exempt from our zoning codes?
Mr. Jones: What do you mean are they...
Commissioner Plummer: No. That is a serious question.
Vice Mayor Alonso: It is a very good question.
Commissioner Plummer: They are building permanent structures in Bicentennial
Park. Are they exempt from our building codes?
Mr. Odio: No. They are not, and we... I have ordered...
Commissioner Plummer: I mean I realize that code enforcement is a totally
useless million dollars the City spends every year...
Mr. Odio: No. They are not.
Commissioner Plummer: ... but can we go down with code enforcement and
enforce the South Florida Building Code?
Mr. Odio: We have removed tents that were placed at Watson Island. They
cannot place any structures.
Commissioner Plummer: Sir.
i
Mr. Odio: It is not legal for them or anybody else.
Commissioner Plummer: I understand that but you are not doing anything about
1t, so that is why I am asking.
Mr. Odio: Yes. Yes, we have. You are assuming we are not. Yes, we have.
Commissioner Plummer: Then at lunch time, sir, I am going to drive you down
to FEC (Florida East Coast)...
Mr. Odio: I know where they are.
Commissioner Plummer: ... as I did yesterday, and I am going to show you
almost a small city.
Mr. Odio: I know where they are, Commissioner. We have told them that it is
illegal to put them up...
91 November 12, 1992
Commissioner Plummer: And,
Mr. Odio: ... and we remove them, and they come back up again with it and we
will continue to do that. But, however, you cannot tell them to leave the
premises.
Commissioner Plummer: I didn't say that, sir. I asked if they have to comply
with the zoning code. That is what my question was.
Commissioner De Yurre: Bottom line, I think we are caught in a situation that
status quo is not status quo. There is a continued proliferation of the
homeless problem 1n the downtown area. And in conclusion I'll say that I will
continue to work with the community to find a solution. Something that is
acceptable to the City of Miami. Something that is acceptable to Dade County,
and that people step forward and accept part of the responsibility. There 1s
a lot of things going on right now with the Governor's Task Force. There is a
lot of things going on with other efforts. I think it is time that we pulled
them together, and do something positive in this vain, and I am sorry to see
that a lot of good effort, well intentioned effort, has gone by the way side,
but it is not for not. I think that we have to continue working in this
process. Thank you.
Commissioner Dawkins: I was hoping that this would have been discussed on the
loth of December, but since it is not, I would like to say that somewhere
along the line the rest of the governmental agencies are not accepting their
responsibility, and I want to personally say, and I don't want the Miami
Herald to miss this.
Mayor Suarez: Excuse me, Commissioner. Let me just make sure we get some
attention here. We need... We need, Manager, please. We need your
attention.
Commissioner Dawkins: I would like to say, and I want the Herald to quote me
correctly. I would like to see the University of Miami Law School, Nova Law
School, University of Florida's Law School, some law school, senior class
attack the ACLU (American Civil Liberties Union) and fight for my rights.
Now, I get tired of the ACLU telling me that 1 don't have any rights. That
the homeless have the rights. Now somewhere some law school needs to make it
a project for their senior class to say what rights does Miller Dawkins have,
as a taxpaying citizen of the City of Miami, to utilize the services and the
land and everything that his taxes support. You know, the ACLU, they have got
to understand that I have rights. But by the same way, Mr. Mayor and my
fellow Commissioners, the only guy in this whole ten years that I have been
sitting here who has fought this problem and has not been political, is Doctor
Greer. The only thing this gentleman has ever been interested in was
providing health care service for the homeless. That is all. I would like to
suggest, which will probably go no place, that this Commission go on record
saying, Doctor Greer, Brother Harry and not Brother Paul... OK. Every time
we have gotten to a point in negotiations, Brother Paul comes in and it goes
down the drain. That is Miller Dawkins' opinion, but Doctor Greer...
Commissioner Plummer: That is history.
92 November 12, 1992
Commissioner Dawkins: ... Brother Harry and maybe Mr. Mendez from the County,
Menendez, should be commissioned to go to Washington and meet with the Florida
delegation maybe even have Graham and Max spearhead it, and meet with all
appropriate people necessary to acquire that portion of Homestead Air Force
Base that is needed because, automatically, if it has been declared
nonmilitary, it is available for the homeless.
Commissioner Plummer: So is Chapman Field.
Commissioner Dawkins: Homestead Air Force Base is available, and while these
three people would negotiate acquiring the land at Homestead Air Force Base,
then the rest of us would sit down with free land, with the three million
dollars that is available. I am sure that this Commission can even suggest to
some architectural firms that each one come up with a design for a food
service area, a health care service area, a dormitory, and that could be done,
and we could move forward to address this problem because as Commissioner De
Yurre has said, and we constantly say, unless you move the services required
by those individuals, they are not going to leave downtown.
Commissioner Plummer: They are not going to leave anyhow.
Commissioner Dawkins: Now, if we are new and innovative, and we prepare a
model to be used around the United States because we have the land free, we
have all of the efforts to build a comprehensive... I don't want to say
homeless, but shelter...
Commissioner Plummer: Safe haven.
Commissioner Dawkins: Safe haven shelter for people who need it, we aren't
going to get anything done.
Commissioner Plummer: That is the terminology by the courts.
Commissioner Dawkins: And you can't tell me that something isn't wrong.
There are jobs down south that were created by Hurricane Andrew.
Commissioner Plummer: What jobs?
Commissioner Dawkins: That these people who you call homeless, and
unemployed, refuse to go to work. But nobody... You don't see that in the
newspaper. You don't see that as a special on the television channels, that,
hey, all the jobs down south and these people refuse to go to work. So there
has to be a problem. So, I would say, Mr. Mayor, I don't know if you would
take the leadership, it doesn't matter, and...
Mayor Suarez: I think it is a great idea.
Commissioner Dawkins: And appoint these three people to go to Washington, and
to try to get this land, and maybe you have to lead the delegate. I don't
care who goes, but the land is available, and everybody in the County is
saying, Mr. Mayor, that they want to work with us, and cooperate. There is no
better way to cooperate. Thank you.
Mayor Suarez: Thank you, Commissioner.
93 November 12, 1992
Commissioner Plummer: You know...
Vice Mayor Alonso: ... that is going to be requested from the legislature.
Mayor Suarez: Right. With the two percent (2%) food and beverage.
Commissioner Plummer: Now we are going to discuss that today.
Mayor Suarez: Yes.
Commissioner Plummer: You know, Mr. Mayor, I wonder why no one has ever
stated for the record, you never hear one negative remark about the Miami
Rescue Mission. They address 250 people.
Mayor Suarez: Their operation seems to work without those kinds of problems.
Commissioner Plummer: You never hear one negative remark about the Salvation
Army, and I don't know how many people they accommodate. Yet they are in
basically the same general area. Why Camillus House, on their own, could not
establish that kind of a scenario, that would not bring about the critical
words...
Mayor Suarez: The big problem, of course, is the soup...
Vice Mayor Alonso: Soup line.
Mayor Suarez: ... line, right. And as suggest by my two colleagues here...
Commissioner Plummer: Miami Rescue Mission, they feed 250 people.
Mayor Suarez: Yeah. The delegation to Washington is extremely important
because, as suggested by Commissioner Dawkins, because we have got a problem
with the two million dollar allocation.
Comm ssioner Plummer: No.
i,
Mayor Suarez: What is the wording...?
Commissioner Plummer: Let me tell you where I got a problem. I got a problem
with what Dawkins says, to one extent.
i
Mayor Suarez: Well, but not... I am sure you have no problems that we try to
keep that two million dollars available for homeless, and I just want to
clarify the wording...
Commissioner Plummer: That is of course...
Mayor Suarez: ... of that legislation.
Commissioner Plummer: ... needless to say. The problem is is the attitude of
the operators, without going into individuals, of Camillus House, who have
94 November 12, 1992
said that under no circumstances would they move, primarily, from the downtown
area because that is where their clientele is. Now, let's assume, and I think
it is great, and I support the Homestead area as a safe haven, which is what
the courts say that if you had that established then you could move on other
areas, but if you have that as a safe haven, let's assume we got it tomorrow.
Mayor Suarez: Yeah. The court so far has said...
Commissioner Plummer: With the attitude of those...
Mayor Suarez: ... that for us to relocate anyone from certain specified
areas, in a temporary order that they approve, we must relocate them to a
comparable facility.
Commissioner Plummer: But the point of it is if you have a Camillus House...
Mayor Suarez: And, of course, we would like for that comparable facility to
be not in the immediate area of Allapattah, or Overtown, or downtown, or
Wynwood, or Edgewater where there is an incredible concentration of these
kinds of facilities.
Commissioner Plummer: May I finish?
Mayor Suarez: Yes.
Commissioner Plummer: If you get Homestead tomorrow, and you have the
attitude of Camillus House that they are not going to move out of downtown,
what have you accomplished? I don't think you have accomplished anything.
Mayor Suarez: It is going to be my second point...
Commissioner Plummer: OK.
Mayor Suarez: ... which goes back to the Commissioner De Yurre's proposal
that we work with Camillus House to revamp and reform the way in which they
are functioning in downtown, and, specifically, eliminate the soup line.
Commissioner Plummer: They are not going to do it. They are not going to do
it.
Mayor Suarez: Don't say that yet. I mean you have got to have some hope that
we offer to this community, given that we are changing, apparently, a prior
consensus of the Commission, a majority. We have got to send a signal that
there has got to be some way to work with Camillus House...
Commissioner Plummer: But we are...
Mayor Suarez: ... and I think there is. And to the extent that we can even
use the two million dollars for that, I believe that there is hope. I have
spoken to Doctor Greer in the last couple of days, I agree with Commissioner
Dawkins. He is one that understands the problem of the homeless, and also the
problem of the residents, and taxpayers, and business owners, building owners
in downtown, etcetera, and I think there is a ray of hope there. I think
Brother Harry is a great person to work with. I think Andy Menendez has been
95 November 12, 1992
charged with the County, and, presumably, will have funds not just a task of
solving a problem, but money to go with it, and I think...
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: eos it is the right idea. I believe we can announce to the
world... J.L., bear with me just for a second...
Commissioner Plummer: Go ahead.
Mayor Suarez: ... that, and I don't want to do it preemptively, because this
is going to have to be something that Camillus House is going to have to do,
but we are going to try to work with them to see if we cannot reform the
existing operation so that it does not create these problems that we see, but
it does take care of homeless that will inevitably be found downtown. Just
like they will inevitably be found in Allapattah. They will be, and I think,
by the way, that you are really making a mistake, as I told you, Orlando, and
I respect your opinion. I think this facility, the way that it was going to
be structured, would have helped Allapattah, not hurt it, but you have your
own opinion, and you are entitled to it, and you have been a community leader
for many years. God knows you know your business, but maybe the place to
insure people that that the way things are going to work in the future is by
showing them that you can reform the existing facility, and make it so it is
like a Rescue Mission, and it is like a Salvation Army, and not 800 people
waiting in line. And by the way, the Governor's Commission that you alluded
to, Commissioner De Yurre, I have just sent the Chairman of that Commission
what is I think reflective of how we all feel, which is a map of all the
shelters that exist right now, and it showed him that, I have shown him in
this memorandum, in this letter, that they are all within three or four miles
of one another, all in Miami's inner city neighborhoods. And that we must
identify locations in the outlying areas, in the Beach, in Hialeah, in South
Dade. I think South Dade is a particularly important place because we have a
lot of homeless that is in that area.
Commissioner Plummer: Migrant.
Vice Mayor Alonso: And many of these people came to Miami because they were
brought into Miami and we know that quite well.
Mayor Suarez: And we have to stop that, and we have to figure out a way to
stop, and we may have to do it by legislation.
Commissioner Plummer: Atlanta bought them bus tickets.
Mayor Suarez: The indiscriminate feeding of people...
Commissioner Plummer: No. They did.
Mayor Suarez: ... not coupled with...
Commissioner Plummer: They actually bought them bus tickets and offered them
free of charge.
96 November 12, 1992
Mayor Suarez: .., the services they really need. You know, I mean, people
who think they are solving the problem of homeless by just sending some food
out there...
Vice Mayor Alonso: That is not...
Mayor Suarez: That is not solving the problem of the homeless, and I think,
Mr. Manager, that we can look at our zoning code in that regards, because as
J.L. was asking, it is not a matter of the homeless not being subjected to our
zoning laws. They are subject to our zoning laws. We do have a particular
legal dispute that hasn't been resolved.
Vice Mayor Alonso: Is it legal to have mobile restaurants all through the
City of Miami, and distributing food...
Mayor Suarez: Well, I think there...
Vice Mayor Alonso: ... in our streets?
Mayor Suarez: ... is a way we can try to prohibit that, but again...
Commissioner Plummer: If nothing more it should be a health standard.
Mayor Suarez: ... we are going to have to show...
Commissioner Plummer: Dade County Health Department.
Mayor Suarez: ... the court and the community...
Vice Mayor Alonso: Very unhealthy.
Mayor Suarez: ... that we have a comparable, and preferable way of feeding
people, and that is by feeding them throughout the community, and preferably
by churches doing it. That is one of the things I think the Commission ought
to do through Mr. Chapman who has a particularly good relationship with the
churches and temples in this community.
Commissioner Plummer: May I now finish?
Mayor Suarez: So, there are many many avenues there that we can explore, and
I accept the proposal of Commissioner Dawkins, Commissioner De Yurre, and the
Vice Mayor, and I think yours, J.L., as to how we should handle this, and I am
ready to tackle it because I think we have got to give some good news to this
community after the situation with Allapattah.
Commissioner Plummer: Mr. Mayor, the only thing that I want to say for the
record, because I don't have to make any excuses for my vote, is that I am
going to be extremely upset if in the future I find anyone like the DDA
(Downtown Development Authority) or any other City organization who secretly
are entering in to negotiations without this Commission knowing what is going
on, or this Commission approving what is going on. I guarantee you that this
City expended a great deal of time, effort, and money to bring about this
scenario which has just been shot down. We had the Planning Department
involved, we had DDA involved, and let's remember that the first time that
97 November 12, 1992
this Commission found out about it was when you, Mr. Mayor, met with those
people and we asked you what was the meeting about. Now, I am tired of having
people around us here spinning their wheels which spin our wheels and our tax
dollars. So, what I am saying is God help any organization related to this
City that I find from this day forward going out with all good intentions,
without the blessing or approval of this Commission. I am going to personally
go after.
Vice Mayor Alonso: Well, maybe we should really have legislation that says
that no members of the staff of the City of Miami should entertain any such
discussion unless the item is notified by form of a memo to this Commission.
Commissioner Plummer: That is fine with me. How ever you want to do it. I
would prefer that it be that this Commission set a policy which I thought I
was elected to do.
Vice Mayor Alonso: Of course.
Commissioner Plummer: And I will make a motion at this time that any future
negotiation relating to the homeless scenario in downtown must be brought to
this Commission table first for this Commission's ratification.
Vice Mayor Alonso: I will second that but will...
Mayor Suarez: So moved and seconded.
Vice Mayor Alonso: ... you accept the modification that before we bring
anything like that back to us for consideration we should really look into the
possibility of a long term permanent solution for Dade County, rather than
forcing the situation on the City of Miami?
Commissioner Plummer: Oh. That goes without saying. Remember we did that as
it related to the rehab houses, the halfway houses, the drug free houses. All
I am saying is that this Commission should know what is going on, not after
the fact and we are boxed in. OK. The first time I found out that DDA was
recommending the incinerator site was when I found out there was a meeting
between the Mayor and some people. Here this thing had already been talked
about. This thing had already been negotiated. This thing had already been
this, that and the other thing, then we are the bad guys if we don't vote for
it. Well, I was a bad guy, and I didn't vote for it. What I am saying is I
don't think this Commission should be put in that posture. If we are going to
be making the final decision, we should be making the first decision. And the
first decision is either the blessing or the approval of this Commission, not
after the fact. So my motion speaks...
Mayor Suarez: I will tell you what. That policy that you are about to enact
by resolution, presumably, will pass is about as clear as it can be, and will
be in the minds of not only the DDA, but of myself, if I try to figure out a
way to keep that two million dollar grant, and anyone else that tries to
figure out a way to make Camillus House function like the rest, Commission, et
cetera, because it is now about as clear as you
matter is there is no Commission support for the
Brothers of Good Shepherd operation, even if they
it differently in another inner City community.
can get. The fact of the
notion of reestablishing the
promise they are going to do
There just isn't any support
98
November 12, 1992
up here for that, and that is about as clear as you can get. So there is no
use Matthew or anyone else pursuing that. I mean it is just a waste of
effort. Now it is going to be incorporated into some sort of policy. Don't
believe by any means though, that this shackles anyone...
Commissioner Plummer: All I am saying is that we make the decision.
Mayor Suarez: ... in the staff, or agencies, or any member of this Commission
from trying to solve the problems of the homeless, because, obviously, we have
to try to solve it.
Commissioner Plummer: Well, wait a minute. The Manager... Put your
objection on the table, and maybe we will modify it.
Mr. Odio: It is too broad a motion.
Commissioner Plummer: What... How does it tie your hands?
Mr. Odio: If I go and meet with the homeless coalition, or if I go... Or any
of my staff go and talk about the homeless, we are violating that resolution
you are pretending to pass.
Mayor Suarez: I think what he means is what I just said. That we are not
going to "relocate" Camillus House's...
Mr. Odio: That is different.
Mayor Suarez: ... operation to...
Vice Mayor Alonso: It is different.
Mayor Suarez: ... some other neighborhood.
Mr. Odio: That is different to the way he expressed it.
Mayor Suarez: I think that is what he understood.
Mr. Odio: It was too broad and 1t would... Every time we go out and meet...
I am in the Governors homeless thing. If I go and meet...
Commissioner Plummer: Mr. Manager, understand what I am saying. OK. Matthew
went out and negotiated with the Camillus House in reference to the
incinerator site...
Mr. Odio: Well.
Commissioner Plummer: ... before we ever knew about it.
Commissioner Dawkins: Oh, Lord.
Commissioner Plummer: We the Commission.
Mr. Odio: That is not...
99 November 12, 1992
y
Commissioner De Yurre: Let's get something in the air, Mr. Mayor, if I may.
Commissioner Plummer: OK.
Mayor Suarez: Yes.
Commissioner De Yurre: First of all, I have to take exception to what J.L.
has expressed here.
Commissioner Plummer: If I am incorrect, tell me so.
Commissioner De Yurre: OK. This concept, first of all, has been going on for
months. And I am at the tail end of this concept because it had been going on
for many months that I kept hearing that there were negotiations, there were
talks...
Coninissioner Plummer: That is right.
Commissioner De Yurre: ... about doing this and about doing that. Once
something concrete was created, it was brought to this Commission to get the
involvement then of the City Planners, and whatever...
Commissioner Plummer: You are wrong.
Commissioner De Yurre: ... and it was voted three to two in favor of going
ahead and getting the City Attorney's office involved, the Planning
Department, the Zoning Department and all these different departments.
Commissioner Plummer: No, sir. I am sorry. You are wrong. The Mayor
attended a meeting. He is member of this council, and as such, every member
of this Commission has the same right as the Mayor to be informed, and we were
not. Now, what I am saying to you is, Matthew, whether he directly or
indirectly representing the DDA, and if I stand corrected on that, not picking
on you personally. OK? His time and his effort went into that. Jack Luft,
his time his effort went into that. Carlos, his time his effort went into
that.
Commissioner Dawkins: Herb Bailey's time and effort.
Commissioner Plummer: Their time is money. More so, I am concerned about the
fact that all of this is basically handed up on a platter to this Commission
and says, vote on it. You then are in a position that you are either a good
guy or a bad guy. I am saying this Commission is elected to set policy. If
we are going to make the final vote...
Mayor Suarez: OK. Why don't you state...
Commissioner Plummer: ... let us make the first vote.
Mayor Suarez: ... now how you want the policy to be reflected into the
motion. Restate it so we can be sure what you mean.
Commissioner Plummer: That any matter relating to the homeless, in the City
of Miami, be brought to this Commission for its blessing and/or approval.
100 November 12, 1992
Mr. Odio: Sae, see that is where I have a problem.
Commissioner Plummer: it doesn't preclude you from talking, but you cannot
make a commitment until you can bring it to this Commission.
Mr. Odio: That is what we do anyway.
Vice Mayor Alonso: Maybe more specifically in to moving a facility, or
establishing a new facility...
Mr. Odio: That is different.
Commissioner Plummer: OK.
Vice Mayor Alonso: ... so 1t will give some opportunity to the City
Manager...
Commissioner Plummer: That is fine.
Vice Mayor Alonso: ... to be able to discuss problems.
Commissioner Plummer: But let it be fully understood that you, nor no one
that works for you, has the right to make any commitment in any way, shape or
form. (INAUDIBLE RESPONSE) Well, somebody made a commitment about the
incinerator site.
Commissioner Be Yurre: You see, J.L., that is where you are wrong.
Commissioner Plummer: Well, tell me why I am wrong.
Commissioner Be Yurre: I will tell you why you are wrong. Because first of
a11, if, you are going to adopt this concept for the homeless, we adopt it for
every issue in the City of Miami.
Commissioner Dawkins: I don't have no problem with that.
Commissioner Be Yurre: OK?
Commissioner Plummer: Neither do I
Commissioner Be Yurre: You know, then... You know, the problem is, we, as
individuals, on this Commission, the City Manager can go meet with people, can
discuss issues, can come up with concepts to be brought before this Commission
j for approval or denial, and that is what happened in October. A concept was
brought. There was no commitment. The commitment is made at this level. Do
we accept this concept or not?
i
Commissioner Plummer: That is not what happened, my friend.
' Commissioner. De Yurre: What happened. Tell me.
Commissioner Plummer: Let me tell you what happened, because I was told.
Don't tell the rest of the Commission until it is a done deal because it will
be too controversial. It will be shot down before it ever gets out.
101 November 12, 1992
El
Mr. Odio: Commissioner.
Commissioner Plummer., If it becomes public there is no way, shape or fora
that this is going to happen.
Mr. Odio: Commissioner, that...
Commissioner De Yurre: Where did you get that information? It has been in
the newspaper time and time again.
Mr. Odio: Commissioner, the first thing that was said when it was discussed
in a meeting in the Mayor's office, with the DDA and Camillus House people,
was you have to write a memorandum to the Commission informing them of this,
and it was signed under the Chairmanship of the DDA.
Mayor Suarez: Well, certainly it bears expressing clearly that this
Commission is now on record, by majority vote, certainly maybe not
unanimous...
Commissioner Plummer: Informed.
Mayor Suarez: ... that... Right. We don't want...
Commissioner Plummer: It is motherhood.
Mayor Suarez: ... negotiations that indicate to anybody that there will be a
relocation of Camillus House until this Commission has approved the entire
concept. It is just a waste of time. So, you know, let the world know that.
Commissioner Dawkins: And send it...
Commissioner Plummer: Let me clarify that all members of this Commission are
informed.
Commissioner Dawkins: Send a memorandum. Send anything of understanding
so...
Commissioner Plummer: That is right.
Commissioner Dawkins: ... that we know what we are doing.
Mayor Suarez: Right.
Commissioner Dawkins: Don't bring me the finished product.
Mayor Suarez: Do you want to make that in the form of a motion, or is it
understood?
Commissioner De Yurre: Mr. Mayor, let's understand one thing because I think
we are losing site of what the issue is.
Mayor Suarez: Yeah.
102 November 12, 1992
Commissioner De Yurre: Every time I hear the word homelessness, somewhere
along the line in that sentence, Camillus House comes up.
Commissioner Plummer: I am not speaking directly to Camillus House.
Commissioner De Yurre: No, no, I am talking about something differently now.
We cannot tie ourselves, in our effort to help the homeless situation, to
Camillus House. If we independently of Camillus House can come up with a
concept and get some of these other entities that are doing a great job also,
to take over a concept, and if we can take the two million dollars and do
something with it somewhere that is acceptable, and have either, you know,
the...
Commissioner Plummer: You are absolutely correct.
Commissioner De Yurre: ... Rescue Mission or somebody else run it. We should
look at those avenues. Let's not tie ourselves to...
Commissioner Plummer: Victor.
Commissioner De Yurre: ... getting Camillus House out of downtown with doing
something positive for the homeless that can be done through another entity.
Commissioner Plummer: I said to you before, the Camillus House only addresses —
a hundred beds.
Mayor Suarez: Let me ask this specific question then, since we are concerned,
of course, about the two million dollars. Does it specifically refer to, and
is it hitched to, and linked to, Camillus House's relocation? How does the
legislation, the appropriation read? Does anybody know?
Mr. Odio: What I have seen is that it is directly related to that.
Mayor Suarez: Supposing, for example, that Camillus House was to revamp its
existing facility so that it would not have a soup line, and so that it would
look very much like...
Mr. Odio: We need to...
Mayor Suarez: ... the kind of homeless assistance center that we are all...
Mr. 0dio: I need to look at it because if it has the word relocation, then we
have a problem.
Commissioner Plummer: Can we give that money to the Miami Rescue Mission?
Mr. Odio: No.
Commissioner Plummer: Why not?
Mr. Odio: Because it was not...
Mr. Jones: As it stands right now it is tied to Camillus House.
103 November 12, 1992
Mr. Odio: It specifies Camillus House.
Mr. Jones: It specifies...
Commissioner Plummer: But they run a first class operation.
Mr. Odio: But that is not the point. The legislation was passed.
Mayor Suarez: But wait. But wait.
Commissioner Plummer: Well I think 1t is the point.
Mayor Suarez: If the legislation reads that way...
Mr. Jones: It does.
Mayor Suarez: ... then to the extent that we can work with that money...
Mr. Odio: The maker of the...
Mayor Suarez: ... to redo what is downtown so that it will not be harmful to
the surrounding areas, we still may want that legislation. It is two million
dollars.
Commissioner Plummer: That is fine.
Mayor Suarez: Right. All right.
Commissioner Plummer: If we can bring them into line with that, that is fine.
Mayor Suarez: Exactly. So that, I think, reflects the consensus of this
Commission, and I don't know, again, if you want it in a form of a motion or
not.
Commissioner Plummer: -I would like to go on record, Mr. Mayor. OK. And the
way that we do things around here on record is by a vote.
Mayor Suarez: All right. OK. So let's restate the motion, J.L.,
Commissioner Plummer, as being - No, no. I am going to do it. I am not
going to ask you to do it - as being that the relocation of any shelter
facility, including that of Camillus House, as the policy of this Commission
may not be done without prior approval by this Commission and any agencies or
staff of the City that negotiate this not withstanding. I mean, this is the
policy of this Commission...
Commissioner Plummer: That is fine.
Mayor Suarez: ... that we first...
Commissioner De Yurre: Any commitment. Is that what you are saying?
Mayor Suarez: Any commitment, right.
104 November 12, 1992
r
C,
Commissioner Plummer: t am saying they can meet, and they can talk as long as
they say to the party, "We will take your proposal to the City Commission."
Mayor Suarez: And to the extent that any negotiations take place please send
a nice little memorandum...
Vice Mayor Alonso: Commissioner.
Mayor Suarez: ... to the Commission saying what is taking place.
Vice Mayor Alonso: In the mean time because, Commissioner, if that is not
added to your motion then it is going to be exactly...
Mayor Suarez: yes.
Vice Mayor Alonso: ... business as usual.
Commissioner Plummer: Well, then fine. We add to the motion that any meeting
taking place between the Administration and a matter relating to the homeless,
that this Commission must be informed by memo within 24 hours of such meeting.
Mayor Suarez: All right. Part of the motion so built in. A second.
Vice Mayor Alonso: Yes. I do.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-719
A MOTION STIPULATING A POLICY OF THE CITY COMMISSION
THAT, FROM THIS DAY FORWARD, ANY MATTER OF PROPOSED
ACTION RELATED TO THE HOMELESS IN THE CITY OF MIAMI
SHALL BE BROUGHT BEFORE THE CITY COMMISSION FOR ITS
CONSIDERATION AND POSSIBLE APPROVAL, INCLUDING ISSUE
SUCH AS THE RELOCATION OF ANY SHELTER FACILITY (FOR
INSTANCE, CAMILLUS HOUSE), WHICH PROPOSED RELOCATION
MAY NOT TAKE PLACE WITHOUT PRIOR COMMISSION APPROVAL;
FURTHER STATING ANY SCHEDULED MEETINGS RELATING TO THE
HOMELESS MUST BE COMMUNICATED TO MEMBERS OF THE CITY
COMMISSION, IN WRITING, WITHIN 24 HOURS OF SAID
MEETING.
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
105 November 12, 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.
------------------------------------------------------------------------------
23. (Continued Discussion) ESTABLISH CHARGES, TERMS AND CONDITIONS FOR USE
OF ORANGE BOWL STADIUM BY EXOTIC MEMORABILIA, INC. FOR THE STAGING OF A
JOSE CANSECO HURRICANE ANDREW BENEFIT SOFTBALL GAME -- REQUEST AUDIT.
(See label 11)
--------------------------------- --------------------------------------------
Mayor Suarez: Counselor, did you have a solution to...
Ms. Claire Tacher: Yes. We do.
Mayor Suarez: Are you pretty sure that...
Ms. Tacher: Yes.
Commissioner Plummer: Then we would have to notify them.
Mayor Suarez: ... the consensus of this Commission that we are supportive? Have
you got...
Commissioner Plummer: Where is the thing on the Rescue Mission?
Mayor Suarez: ... a chance to talk to the staff, or individual Commissioners
or...?
Ms. Tacher: Yes.
Commissioner Plummer: The Rescue Mission.
Commissioner De Yurre: Mr. Mayor, let me say that after we finish with this
item, I haven't had any pocket or emergency items yet this morning. I have
Reverend Preston Marshall here that he needs some help with the, again, with
the annual Martin Luther King, Jr. parade.
Mayor. Suarez: All right. We will try to get these two items disposed of.
Ma'am, the Commission is agreeable, as far as you can tell.
Ms. Tacher: We meet with Tony Pajares, and we explained to him the figures
that what the Commission would be waiving, and what the Commission would
actually., or what the City would actually be making. The City would actually
be making money from this event. Not as much as if they hadn't waived the
106 November 12, 1992
fees, but they will be making money from the event. The concessions, and the
parking, will bring in approximately $77,000 from the event, and the
parking...
Commissioner Plummer: Based on what attendance?
Ms. Tacher: Approximately somewhere between thirty-five and fifty thousand
people. In tight of the players that we are bringing in, we anticipate that
type of attendance.
Commissioner Plummer: OK. I was concerned, just for your information. You
are not giving me the answer that I asked for. What are the expenses?
Ms. Tacher: OK. The expenses are the lights...
Commissioner Plummer: No, no, no. OK. Go ahead. Yeah. The lights are
an...
Ms. Tacher: Approximately $2,000. The fee that is $15,000, and the surcharge
would be approximately $35,000.
Commissioner Plummer: We can't waive the surcharge. I pay a surcharge at the
Marine Stadium for the...
Mayor Suarez: How do we waive it when we do? The few times that we have done
it. We have to do it by ordinance, Mr. City Attorney?
A. Quinn Jones III, Esq. (City Attorney): I am not sure. I have to research I
that. I am not sure.
Commissioner Dawkins: What are you waiving?
Mayor Suarez: The surcharge.
Commissioner Plummer: But, Mr. Manager, waiving the...
Commissioner Dawkins: You can't do that.
Commissioner Plummer: The surcharge.
Mayor Suarez: It is a one dollar per seat isn't it?
Commissioner Dawkins: You can't do that.
Commissioner De Yurre: Guys, how much I it? - and we will donate it, and
get it back.
Commissioner Plummer: You going to donate it from my Budwiser race?
Mayor Suarez: Yes. From it or for it? I thought you meant you were going to
donate it from the proceeds...
Commissioner Plummer: I paid you nine... Excuse me.
107 November 12, 1992
Mayor Suarez: ... from your Budwiser dealing.
Commissioner Plummer: I paid you $9,000 last year for my race.
Commissioner Dawkins: That is a different thing.
Commissioner Plummer: Oh, it is a different thing like...
Mayor Suarez: Do you have any problem reimbursing the City? What is it, one
dollar per seat for every single..?
Ms. Tacher: You are looking at taking fifty thousand, thirty-five to fifty
thousand dollars out of the hands of the hurricane victims.
Mayor Suarez: Well, we may turn around and give it to the same hurricane
victims but it is part of our ordinance.
Commissioner Plummer: OK. Wait a minute. I want to hear the rest of...
Whoal Whoal Whoal I want to hear the rest of the expenses.
Ms. Tacher: That is your total expenses.
Commissioner Plummer: No, no, no. The expenses... Where is the budget? How
much money is going to go for the players to be flown down here?
Mayor Suarez: Well that is... They are going to handle all of that.
Commissioner Plummer: How much money... What?
Mayor Suarez: They are going to handle all of that.
Commissioner Plummer: I want to know if, in fact, and approximately, what,
Homestead, Habitat for Humanity, is going to receive. I realize it is not a
fixed number...
Mayor Suarez: What do you expect that the...
Commissioner Plummer: ... but if you take in a hundred thousand dollars...
Mayor Suarez: I see. I see. You are...
Commissioner Plummer: ... and your expenses are $99,000...
Mayor Suarez: Well, no. Presumably they will make a lot of money.
Commissioner Plummer: Well, I got to know that, Mr. Mayor.
Mr. Tony Pajares: Mr. Mayor.
Mayor Suarez: Yes, Tony. Do you have a summary there?
Mr. Pajares: May I clarify something? Yes, sir. I just want to clarify.
Something is called expenses and another thing is lack of revenue. What we
are waiving is the fee, the surcharge. The expenses to the stadium would be
108 November 12, 1992
approximately $2.500. Now she can explain the players are flown free, the
policemen have donated their time. Waiving the fee is not an expense.
Mayor Suarez: OK.
Mr. Pajares: The expense is the lights. We are waiving that fee.
Mayor Suarez: OK.
Commissioner Dawkins: Are you going to waive it for every other event that we
have?
Commissioner Plummer: Well, you see, I thought we couldn't waive it...
Commissioner Dawkins: I did to.
Commissioner Plummer: ... because that was what was going into the bonding
facility of making that Orange Bowl a viable...
Mayor Suarez: You are talking about the surcharge? The surcharge?
Commissioner Plummer: Of course.
Mayor Suarez: OK.
Commissioner Plummer: The University of Miami pays a surcharge.
Commissioner Dawkins: Are we going to waive that one?
Mr. Jones: There is nothing in the Surcharge Section of the Code that allows
for waiver. What the Code does provide 1s certain exemptions for certain
types of events. But there is no provision there for a waiver. It says
shall...
Mr. Odio: Let them pay for the waiver.
Commissioner Dawkins: Mr. City Attorney.
Mr. Jones: Yes.
Commissioner Dawkins: It is not what the Code provides for or does not
provide for, it is that this Commission said that a surtax would be charged in
order to upgrade, maintain...
Commissioner Plummer: Of course.
Commissioner Dawkins: ... and keep the Orange Bowl going. Now, if you are
prepared to waive this... I don't have no problem with it.
Commissioner Plummer: Oh. I do.
Commissioner Dawkins: No. I don't because we are going to waive it for
everybody.
109 November 12, 1992
qW
qwr"
Commissioner Plummer: Oh. Then I have a bigger problem with it.
Mr. Odio: Why don't we just go half and half on the parking?
Commissioner Plummer: I still want to know the expenses...
Mr. Odio: That is it.
Mayor Suarez: Yeah. Besides all of this. No, no, no.
Commissioner Plummer: Sir.
Mayor Suarez: You guys don't understand what he is saying.
Commissioner Plummer: I am about ready to invoke a rule that I don't want to.
Mayor Suarez: People. In addition... (INAUDIBLE COMMENT NOT ENTERED INTO
THE PUBLIC RECORD.) Mr. Manager. In addition to all these concerns, the
Commissioner wants to know...
Commissioner Plummer: I want to see a budget.
I Mayor Suarez: ... what you expect to make from this thing. -
Commissioner Plummer: This is no way to run an airline.
Mayor Suarez: What do you expect to make from this event...
Ms. Tacher: OK. The...
Mayor Suarez: ... and how much will ultimately be going to these needy folks?
All right.
Ms. Tacher: OK. The players flights into town have been provided by an
airline. They are not being paid for out of this event.
Commissioner Plummer: OK.
Mayor Suarez: Very good.
Ms. Tacher: The players hotel..
Mayor Suarez: How much do you expect to make from the event, less the
expenses, et cetera, and have a net amount that will be donated to needy
people?
Ms. Tacher: Well, it depends upon whether or not this Commission waives their
fees.
Commissioner Dawkins: No. Wait a minute. Mr. Mayor. Let's ask it like
this.
Commissioner Plummer: Hey, I want...
110 November 12, 1992
Mayor Suarez: The entire amount minus any expenses.
Ms. Tacher: OK. Correct. We are anticipating approximately ninety percent
(90%) of gate proceeds.
Commissioner Dawkins: I beg your pardon?
Ms. Tacher: Ninety percent (90%) of the gate proceeds because everybody is
donating their time. We have gotten Ticket Master to waive their fees. I
mean we have gotten every possible...
Commissioner Plummer: Look Ma'am. Excuse me, please. I am not trying to
say that you are not doing a great thing, but I am a Commissioner in this City
who is charged with knowing the facts before I vote.
Mayor Suarez: He is very, very, very, very money -minded. How much money do
you expect to get, less expenses so that these people will benefit?
Ms. Tacher: We anticipate raising approximately $5000000.
Mr. Odio: What she is going to say is that the players that are going to
participate...
Vice Mayor Alonso: Let her finish.
Mayor Suarez: Why don't you let her finish saying it. She was just about to
give us the answer after all this discussion. Please counselor complete what
you are about to say.
Vice Mayor Alonso: Please, she was saying it, finally.
Mayor Suarez: Finally we are getting the figures.
Ms. Tacker: We anticipate raising approximately $500,000 from this event, and
we anticipate anywhere from four hundred to four hundred... Approximately
$450,000 being used towards rebuilding South Florida.
Commissioner Plummer: May I then offer... Would you consider that you have
stated for the record that ninety percent (90%) of the money that would be
raised would go to the Habitat for Humanity?
Mayor Suarez: Right. Which is ninety percent (90%) of five hundred is four
hundred and fifty.
Commissioner Plummer: That is... I can live with that now, but we get to
audit the books afterwards.
Mayor Suarez: That is the next question he was going to ask. See, if you
just give him time he will ask them.
111 November 12, 1992
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Commissioner Plummer: Now, are you willing to go on that? Then I am willing
to waive everything, with the exception of the surcharge, which we can't. And
if you want to reduce it to eighty-five because of the surcharge, that is
fine, but I am going to audit the books.
Mayor Suarez: What do you mean eighty-five?
Vice Mayor Alonso: What do you mean?
Commissioner Plummer: Eighty-five percent (85%) of the money is going, and
reduce it by five percent (5%)...
Mayor Suarez: Yeah. The surcharge is a...
Vice Mayor Alonso: So actually what we are saying is we are going to waive...
Commissioner Plummer: You surely don't have any problem with the City
auditing the books, do you?
Ms. Tacher: I have a problem with...
Commissioner Plummer: Wait a minute. Excuse me. Do you have a problem with
the City auditing the books?
Ms. Tacher: OK. Because the money is going to Habitat for Humanity. You
have got to talk to them about auditing their books.
Mayor Suarez: No, no. Before it gets to them we look at it.
Vice Mayor Alonso: No, before it gets to them.
Commissioner Plummer: That is right.
Mayor Suarez: It is normal.
Ms. Tacher: OK.
Mayor Suarez: We do it with every nonprofit effort of this sort.
Commissioner Plummer: That is fine. OK. But no monies will be disbursed
until our auditors have ascertained that eighty-five percent (85%) of the
gross is going to Habitat for Humanity. That is agreeable?
Ms. Tacher: That is agreeable.
Commissioner Plummer: I will agree to everything but the surcharge. To waive
everything but the surcharge.
Mayor Suarez: All right.
Vice Mayor Alonso: So actually what we are saying is $17,000?
Commissioner Plummer: Whatever it is.
112 November 12, 1992
W
Mayor Suarez: What does it come out to?
Vice Mayor Alonso: they say fee is fifteen thousand.
So that she understand —
exactly what is happening because by now I believe she
is probably confused.
Ms. Tacher: No the fee is...
Vice Mayor Alonso: It is lights, two thousand.
Ms. Tacher: Correct.
Vice Mayor Alonso: Fees, fifteen thousand.
—
Ms. Tacher: Fees, fifteen thousand and the...
Vice Mayor Alonso: It is seventeen thousand.
Ms. Tacher: Correct. That is what you are waiving. Correct.
Vice Mayor Alonso: Yes.
Ms. Tacher: And the surcharge...
Vice Mayor Alonso: That is what he is saying that
we will not. Are you
counting of this $35,000 in...
Ms. Tacher: Well, what we are saying then is instead of $450,000 going
towards rebuilding...
Mayor Suarez: Maybe four hundred.
Ms. Tacher: Four hundred thousand dollars is going to
go towards rebuilding.
Commissioner Plummer: That is fine.
Mayor Suarez: Which would be about eighty percent (80%), not eighty-five,
J.L., of the take. Assuming fifty thousand people. All right.
Ms. Tacher: I just want to make it clear so that everyone understands. The
players are not getting paid. They have all donated their services.
Mayor Suarez: We understand that.
Commissioner Plummer: We understand that. OK? But you have read, as I have
read...
Mayor Suarez: If they were getting paid, I don't think there would be...
Commissioner Plummer: ... how many of these things were done for charity that
never got ten cents out of the receipts, and I don't want to be in that
position. All I am asking for, you do business in a logical concluding way,
and that is you present budgets and things of that nature. Mr. Pajares, don't
run off because I want to bring something to this Commission's attention for
two seconds. Mr. Mayor.
113 November 12, 1992
V
El
Vice Mayor Alonsn: But we need... Do we have a motion for this?
Commissioner Plummer: Then I wily...
Commissioner Dawkins: We have a motion or what for this? So what are we
doing?
Commissioner Plummer: I will make a motion that we waive everything of the
charges, with the exception of the surcharge, and with a guarantee that no
funds will be disbursed until our auditors have determined that eighty percent
(80%) of the gross revenues will go to Habitat for Humanity.
Mayor Suarez: So moved.
Commissioner Plummer: Yes.
Mayor Suarez: Seconded?
Commissioner De Yurre: Second.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-720
A RESOLUTION RELATED TO THE "JOSE CANSECO SOFTBALL
_ BENEFIT GAME," TO BE CONDUCTED AT THE ORANGE BOWL
STADIUM BY EXOTIC MEMORABILIA, INC., ON FEBRUARY 6,
1993 WAIVING ALL WAIVABLE FEES FOR THE USE OF SAID
FACILITY; CONDITIONED UPON THE ORGANIZERS PAYING FOR
ALL OTHER COSTS OF CITY SERVICES AND APPLICABLE FEES,
INCLUDING THE TICKET SURCHARGE FEE, ASSOCIATED WITH
SAID EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY
IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR -HIS
DESIGNEE; FURTHER CONDITIONED UPON THE CITY HAVING THE
RIGHT TO AUDIT THE ORGANIZERS' RECORDS TO ASCERTAIN
THAT "HABITAT FOR HUMANITY" RECEIVES 80% OF THE GROSS
PROFITS GENERATED BY SAID EVENT AND THAT NO FEES BE
DISBURSED BEFORE A CITY AUDIT IS COMPLETED.
(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:
114 November 12, 1992
AYES: Commissioner Victor Oe Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
24. COMMENTS BY COMMISSIONER DAWKINS CONCERNING GREAT DISPARITY IN
ALLOCATION OF CITY DOLLARS FOR HOUSING AND NOT FOR CITY YOUTHS.
-------------------------------------------------------
Commissioner Dawkins: Mr. Dupontus.
Commissioner Plummer: Mr. Mayor.
Commissioner Dawkins: May I say something to Mr. Dupontus? Mr. Dupontus...
Mayor Suarez: Wait. Commissioner.
Commissioner Dawkins: ... as a public relations... Dupontus. George. May I
say something...
Vice Mayor Alonso: What time do we come back? Two thirty?
Commissioner Dawkins: George, will you listen to me? Listen to me.
Vice Mayor Alonso: Mr. Mayor.
Commissioner Dawkins: George, somewhere along the line, somebody needs to
point out to this world, that down in south Dade where all of this happened,
there are some youth who are not being serviced. Nobody has thought about
rebuilding a baseball diamond. Nobody has thought of rebuilding a football
field. Nobody out here is thinking anything about rebuilding nothing for the
youth. All of the money that is raised is going for housing, for housing, for
housing and for housing. These youngsters need to know that they are cared
for and that they need some help. So somebody out there needs to bring that
up.
Mayor Suarez: OK. Commission De Yurre, you had an item?
115 November 12, 1992
E
I
---------------------------------- ----------- --------- -----------------
25. GRANT REQUEST FOR CLOSURE OF DESIGNATED STREETS AND $109000 IN IN -KIND
SERVICES CONCERNING THE MARTIN LUTHER KING PARADE. (See label 37)
Commissioner De Yurre: Yes, Mr. Mayor, every year we support the Martin
Luther King, Jr. Parade, and I would move at this time that the same support
that we give annually, that it be given again one more time.
Vice Mayor Alonso: Yeah. But why don't we complete the vote, the previous
vote...
Mayor Suarez: I thought we did.
Commissioner Dawkins: Yes, we did.
Commissioner De Yurre: We all voted.
Ms. Matty Hirai (City Clerk): We did. We did call the roll.
Commissioner Plummer: We called the roll on that.
Vice Mayor Alonso: We are finished with the item?
Ms. Hirai: Yes.
Commissioner Plummer: Now what is this request? How much?
Commissioner De Yurre: The same as every year. Whatever it is., Rev...
Commissioner Plummer: How much? Damn!
Mr. Odio: Ten thousand dollars.
Commissioner Plummer: How much? (INAUDIBLE RESPONSE NOT ENTERED INTO THE
PUBLIC RECORD.) Does it come with the recommendation of the Administration?
Mr. Odio: No.
Commissioner Plummer: It does not.
Vice Mayor Alonso: Well, this the problem.
Mr. Odio: I'll tell you what I...
Commissioner Plummer: No, no, no. I want to get that on the record.
Vice Mayor Alonso: Yes.
Mr. Odio: I tell you what I would recommend.
Commissioner Plummer: OK.
116 November 12, 1992
x
Mr. Odio: The street closure, he needs. He also needs... He is also
requesting that the cost of the City services including insurance costs. I
cannot recommend that, and he wants $10,000 in cash.
Mr. Preston Marshall, Jr.: We never really have gotten $10,000 in cash, but
we gotten...
Mr. Odin: That is what is say here.
Mr. Marshall: I know what is on the letter, but we have gotten... We have
requested, you know, the services that the City can provide for us to make
this a successful event.
Commissioner Plummer: Well, I think we now have a policy, just so you know,
that we don't give cash grants any further. What we do is you present
legitimate bills, we approve them and we pay them, but we don't give cash
grants anymore, if I am not mistaken. Didn't we establish that policy?
Vice Mayor Alonso: Yes, but the problem is why this organization is not
included in our budget?
Mr. Marshall: That is another thing. We are supposed to be in...
Vice Mayor Alonso: We go through the same exercise every year.
Mr. Marshall: Every year... We are supposed to be into the budget.
Commissioner De Yurre: Well, I guess indirectly they are because they always
get our support every year.
Commissioner Plummer: Did you make the motion...
Vice Mayor Alonso: No, but they should be part of the budget, and we have
instructed...
Commissioner De Yurre: I made a motion to give them the same support that we
give them every year.
Vice Mayor Alonso: ... the Administration...
Commissioner Plummer: That is up to ten thousand in -kind services. Is that
what we are talking about?
Commissioner De Yurre: Is that what it is? Whatever the amount is. I don't
know. The Administration should know.
Vice Mayor Alonso: Regardless he have to pay...
Commissioner Plummer: Damn!
Vice Mayor Alonso: of Miami, so...
Mr. Marshall: Well, we have to pay a few things.
117
November 12, 1992
Commissioner De Yurre: Cesar. Cesar,
Commissioner Plummer: We will have to call this Eastern Airlines the way this
thing is running.
Commissioner De Yurre: What is the amount of support that they get every year
from us, dollar amount?
Mr. Odio: I can't remember what we did last year. I know we did not give
them a cash grant.
Commissioner Plummer: We are not giving anybody cash grants.
Mr. Odio: He is asking me what we did last year.
Commissioner De Yurre: My motion is to give them the same in -kind services
that we...
Commissioner Plummer: I can't vote for that, Victor.
Commissioner De Yurre: ... gave them last year.
Commissioner Plummer: If you say ten thousand... Not to exceed ten thousand.
dollars in -kind services, that I can vote for, but I am not writing a blank
check for anybody.
Mr. Odio: What we did last year...
Vice Mayor Alonso: The first year I raised money from the private sector, and
gave it to them, and we resolved the situation.
Commissioner De Yurre: OK. Let's say that...
Vice Mayor Alonso: Then they came back and I instructed... I made a motion
that was approved by this Commission requesting that it be included in the
budget of the City of Miami, and be part of a yearly event. One of the most
important. It was agreed again and then last year we went through the same
exercise. It was not included. The gentleman had...
Mr. Marshall: No we are not included in the budget.
Vice Mayor Alonso: ... to come in front of us and we had to approve it, and,
again, we went on to say this is what we want, and here we have him again this
year because they don't follow.
Commissioner Plummer: All right. I'll move that this item be brought back up
after lunch.
Vice Mayor Alonso: Give me one minute.
Commissioner De Yurre: No. Let's move. Let's move...
Mr. Marshall: No. I cannot come back after lunch.
118 November 12, 1992
10
10
Vice Mayor Alonso: But the problem is once we made a decision, it has to be
followed. We repeat the same thing. We believe we make decisions and it has
to be followed by the Administration, and then we see that the cases come back
to us. Yes. Let's take this item before we go. Vote on this, and then come
back later and, perhaps, address the issue why it was not included.
Commissioner De Yurre: Let's... Let's... The motion will read then that...
Vice Mayor Alonso: You have a motion on the table.
Commissioner De Yurre: ... up to ten thousand in -kind services. We will
approve that then if it is more than that, you know, you can always bring it
back, and we will revisit it.
Commissioner Plummer: No, no, no.
Mr. Marshall: Yeah.
Commissioner Plummer: Let's don't go under no false pretenses now.
Commissioner De Yurre: No, I don't know. Because I don't know, J.L.
Vice Mayor Alonso: He has been able to handle that before.
Commissioner Plummer: Then I will invoke the rule, which I don't want to do.
Vice Mayor Alonso: Please don't.
Commissioner Plummer: OK.
Vice Mayor Alonso: Please don't.
Commissioner Plummer: Let's go ahead. Let's let them know, right today,
where they stand, and that is up to ten thousand in in -kind services, and that
I vote for.
Commissioner De Yurre: OK. So be it. You second. I second your motion.
Call the roll.
Vice Mayor Alonso: Yes. That is a second, and call the roll please.
119 November 12, 1992
,A
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-721
A RESOLUTION RELATED TO THE DR. MARTIN LUTHER KING DAY
PARADE TO BE HELD JANUARY 18, 1993, PROVIDING FOR THE
CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR
TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION
SERVICES; FURTHER, AUTHORIZING THE PROVISION OF IN -
KIND SERVICES IN AN AMOUNT NOT TO EXCEED $10,000 FROM
THE DEPARTMENTS OF POLICE, FIRE, RESCUE AND INSPECTION
SERVICES, GENERAL SERVICES ADMINISTRATION/SOLID WASTE,
PARKS AND RECREATION AND PUBLIC WORKS, SUBJECT TO THE
ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN
THE AMOUNT PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE AND UPON ORGANIZERS PAYING FOR ALL COSTS OF
NECESSARY CITY SERVICES AND APPLICABLE FEES ASSOCIATED
WITH SAID EVENT BEYOND THE AMOUNT AUTHORIZED BY THIS
RESOLUTION.
(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.
Commissioner Plummer: To my fellow colleagues...
Ms. Hirai: Mayor Suarez voted yes.
Vice Mayor Alonso: OK.
Commissioner Plummer: Mr. Pajares, sir.
Mr. Marshall: One statement, Commissioner.
Vice Mayor Alonso: Yeah we will reconvene at... Just one minute please. Let
the Commissioner finish. And we will reconvene at two thirty. This is the
last item before lunch.
Commissioner Plummer: Two thirty, three thirty...
120 November 12, 1992
Vice Mayor Alonso: No. Two thirty. No, no, no. Not your time.
------------------------------------------------ ------------------------------
U�YrY�
26. COMMISSIONER PLUMMER REQUESTS ADMINISTRATION TO INVITE SOMEONE FROM THE
GREATER MIAMI CONVENTION BUREAU TO A COMMISSION MEETING -- TONY PAJARES
TO REPORT ON WHAT THE BUREAU IS DOING AS TO THEIR UTILIZATION OF CITY
MONIES.
Commissioner Plummer: To my colleagues on the Commission. Miller... I want
Mr. Pajares, through you Mr. Manager, to give a full report to this Commission
of what is going on in the Greater Miami Convention Bureau. It had been
brought to my attention that those people have personnel numbering now almost
80 people.
Commissioner Dawkins: And they want 30 million dollars...
Vice Mayor Alonso: Yes.
Commissioner Plummer: And they want $100,000 inter -local agreement. Mr.
Manager, I am asking you, sir, that at the next meeting that you invite
someone from that organization here, but prior to that, you have Mr. Pajares
inform all of us of where our money is going, and what it is doing. It is a
very... Almost four million dollars, I believe, of the monies they have are
going to salaries, not for advertising.
Vice Mayor Alonso: Tony, when is the last year for the inter -local agreement
as it was signed?
Mr. Tony Pajares: As it was signed, I believe it would it will be next year.
Vice Mayor Alonso: And it is much more than a hundred thousand dollars,
Commissioner. It is much more.
Mr. Pajares: It is two point five.
Vice Mayor Alonso: We have gone through that several times.
Mr. Pajares: We paid them a fee of a hundred thousand, but it is two point
five.
Vice Mayor Alonso: Exactly.
Commissioner Plummer: We offered them a hundred.
Vice Mayor Alonso: Yes.
Commissioner Plummer: Look. I am just wanting...
Mr. Pajares: But we have to give them a hundred thousand now.
Commissioner Plummer: Mr. Manager, I want it started now...
121 November 12, 1992
r
Mr. Marshall: Can you see that we are included in the budget?
Vice Mayor Alonso: Just one minute.
Commissioner Plummer: ..o so that by the time that inter -local agreement
comes up we will know where we are. OK?
Commissioner Dawkins: You aren't going to get anything until 2:00. You
haven't got any votes.
Mr. Pajares: Yes, sir.
Vice Mayor Alonso: OK. Thank you. Yes, sir.
Mr. Mr. Marshall: I just want to see that we are included...
Commissioner Plummer: Cesar, can I beg out of not going?
Mr. Mr. Marshall: ...on the...
Vice Mayor Alonso: What did you say?
Mr. Mr. Marshall: What did you say, sir?
Commissioner Plummer: OK.
Mr. Mr. Marshall: I said, see we be included...
Vice Mayor Alonso: Commissioner Dawkins...
Mr. Mr. Marshall: ...on the budget.
Commissioner Plummer: I'm sorry?
Vice Mayor Alonso: Yes, we will take that issue in the afternoon and we will
look into that, that you are included in the budget.
Mr. Mr. Marshall: All right. Now, do I have to return here at 2:00? Because
I'm in the school system. I just want to know.
Vice Mayor Alonso: Never mind. We will take the issue and ask the
Administration to include you again in our budget that we had instructed
before.
Mr. Marshall: All right.
Vice Mayor Alonso: You don't have to be here, if you can't.
Mr. Marshall: I don't have to, because I... OK. Thank you very much.
Vice Mayor Alonso: OK. Thank you.
122
November 12, 1992
■
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THEREUPON THE CITY COMMISSION
12:11 P.M. AND RECONVENED AT
MEMBERS OF THE CITY COMMISSION
EXCEPT FOR COMMISSIONER DE YURRE.
WENT INTO RECESS AT
2:47 P.M., WITH ALL
FOUND TO BE PRESENT,
27. GRANT REQUEST BY MIAMI RESCUE MISSION FOR CLOSURE OF DESIGNATED STREETS
CONCERNING ITS THANKSGIVING BLOCK PARTY.
Commissioner Plummer: I'll go through them quick. I don't think...
Mayor Suarez: High level police brass here.
Commissioner Plummer: I don't think any of them are controversial.
Mayor Suarez: Yes, sir.
Commissioner Plummer: Miami Rescue Mission requests the closing of the NW 1st
Avenue, 20 to 21 Streets, between 9:00 a.m. and 2:00 p.m. This is the Miami
Rescue Mission Thanksgiving Block Party scheduled for Thursday, November 26,
1992. Mr. Mayor, I move.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-722
A RESOLUTION RELATED TO A THANKSGIVING BLOCK PARTY TO
BE CONDUCTED BY MIAMI RESCUE MISSION ON NOVEMBER 26,
1992; AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO
THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF
PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE
AND INSPECTION SERVICES; FURTHER, CONDITIONING ALL
APPROVALS AND AUTHORIZATIONS HEREIN UPON THE
ORGANIZERS PAYING FOR ALL COSTS OF NECESSARY CITY
SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID
EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN
THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
123 November 12, 1992
1
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
28. GRANT REQUEST FOR WAIVER OF USER FEE CONCERNING HOLDING OF THE PIG BOWL
GAME AT ORANGE BOWL.
Commissioner Plummer: [AT THIS POINT, COMMISSIONER PLUMMER READ THE
RESOLUTION INTO THE RECORD.] I so move.
Mayor Suarez: So moved.
Commissioner Dawkins: Hold it. Hold it.
Commissioner Plumper: Ahh...
Commissioner Dawkins: Hold it. Hold it. This morning we did not waive the
surcharge. Now we're going to waive the surcharge.
Commissioner Plummer: No, sir. I don't...
Commissioner Dawkins: We must be consistent.
Commissioner Plummer: Huh?
Vice Mayor Alonso: Yeah. Read it again.
Commissioner Dawkins: That's right. We must be consistent up here now.
Commissioner Plummer: We'll be consistent. We'll waive all the fees but the
surcharge then.
Commissioner Dawkins: All right.
Commissioner Plummer: We'll be consistent.
Commissioner Dawkins: I second your motion.
Vice -Mayor Alonso: Much better.
Commissioner Plummer: They'll have to understand that.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
124 November 12, 1992
RESOLUTION NO. 92-723
A RESOLUTION WAIVING THE RENTAL FEE AT THE ORANGE BOWL
AND ANY OTHER FEES REQUIRED OF THE: EVENT PROMOTERS OF
THE 1993 PIG BOWL GAME TO BE HELD ON JANUARY 309 1993.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
29. DISCUSS AND DEFER CONSIDERATION OF FUNDING OF "DO THE RIGHT THING" FROM
LAW ENFORCEMENT TRUST FUND.
------------------------------------------------------------------------------
Commissioner Plummer: A resolution authorizing the funding of Do the Right
Thing Program allocating funds thereof in the amount not to exceed $148,000
from the Law Enforcement Trust Fund, upon such cost...
Commissioner Dawkins: Nol Kill it. Kill it. Not as a pocket item. Bring
it back as a regular item. No.
Commissioner Plummer: Excuse me?
Commissioner Dawkins: No.
Vice Mayor Alonso: Why is it a pocket item?
Commissioner Dawkins: No.
Commissioner Plummer: Because they've been...
Commissioner Dawkins: I just gave away $100,000 this morning. We aren't
going to do this until I straighten up the rest of it.
Commissioner Plummer: So be it, sir.
Commissioner Dawkins: All right. So be it.
125 November 12, 1992
Commissioner Plummer: No, just so you answer Commissioner Alonso's question.
It's been deferred from the hurricane to the last meeting...
Commissioner Dawkins: All...
Commissioner Plummer: ...which has not been approved by the Chief...
Commissioner Dawkins: OK.
Commissioner Plummer: ...and I refuse to bring it up at that point.
Commissioner Dawkins: OK. All I'm...
Commissioner Plummer: It's now been approved by all parties and if he wants
to defer it, so be it.
Commissioner Dawkins: All right. That's deferred until the items that I
asked to be considered last year are considered, before we start talking about
doing something else.
Commissioner Plummer: Sir, it's done.
Commissioner Dawkins: Hmm?
Commissioner Plummer: It's done.
Commissioner Dawkins: OK.
Commissioner Plummer: OK?
Commissioner Dawkins: No. You said the Vice Mayor... I mean, has a
question.
Commissioner Plummer: I was answering here question.
Commissioner Dawkins: Oh. OK.
Commissioner Plummer: Next item. So notify Do the Right Thing that their
item has been deferred.
Mayor Suarez: All rightee.
126 November 12, 1992
---------------------------- -- - - -- ----------------------------------------
30. AUTHORIZE MANAGER TO ENGAGE FESTIVAL FLOATS, INC. FOR CONSTRUCTION OF AN
ANTI -DRUG AND CRIME PREVENTION PARADE FLOAT.
--------------••------------------------------------------------------ ----
Commissioner Plummer: [AT THIS POINT, COMMISSIONER PLUMMER READ THE
RESOLUTION INTO THE RECORD.]
Commissioner Dawkins: For a float? What are they going to do? Spit out
hamburgers?
Vice Mayor Alonso: They always do it.
Commissioner Plummer: Well, can I... Here's the problem. It's timing, right
now. The City normally gets a free float. And I've been asking the question
all day and have yet to get an answer. Is the City's free float going to be
given to another float, or can we save the $35,000 and let this be the City
float?
Mr. Cesar Odin (City Manager): No, you can't. They produce a City float with
their own theme.
Commissioner Plummer: OK. If Commissioner Dawkins asks for it to be
deferred, then you're as good as dead, I'm sure, in December.
Mr. Odio: Fine. So we don't have a float.
Vice Mayor Alonso: And the money is coming from...
Commissioner Plummer: From the Law Enforcement Trust Fund. OK? Which we had
no...
Vice Mayor Alonso: The money and the guidelines that the estate sets...
Mr. Odio: It's an anti -drug...
Vice Mayor Alonso: It's... You see, it is acceptable. But then, when you're
talking about people...
Commissioner Plummer: Sorry. I thought these were not controversial.
Vice Mayor Alonso: ...individuals that need the program, then the funding is
not available...
Mayor Suarez: That's what I want to...
Vice Mayor Alonso: ...and then the red tape takes place and then...
Commissioner Plummer: OK.
Vice Mayor Alonso: ...we are told we cannot fund this program, we don't have
the money. And then we see this happening.
127 November 12, 1992
Commissioner Plummer: Where's the one on the eyes?
Vice Mayor Alonso: It's incredible. I have problems...
Commissioner Plummer: All right.
Vice Mayor Alonso: ...accepting the guidelines. Mr. Mayor, I told you this
morning and say it again...
Commissioner Plummer: Where's the Haitian with the eyes?
Vice Mayor Alonso: Let's make the decision. Let's lobby it in Tallahassee.
Commissioner Plummer: I could swear I just saw her here somewhere.
Vice Mayor Alonso: Put it as a City priority, a legislative priority, this
year. Go for it.
Commissioner Plummer: Oh yeah. OK.
Mayor Suarez: OK.
Vice Mayor Alonso: We have to do it.
Mayor Suarez: The present system is working.
Commissioner Plummer: All right. Excuse me...
Mayor Suarez: It's working.
Commissioner Plummer: I want you to know, I...
Mayor Suarez: Wait, wait. Let me just say something. It's working against
things that we think are valuable and in favor...
Vice Mayor Alonso: No, no. It's not that. It's just that we have...
Mayor Suarez: And I wanted to ask Major Washington... You're on the hot seat
here, presumably representing the Chief.
Vice Mayor Alonso: Yeah.
Mayor Suarez: Is he recommending this as something that he thinks is of great
importance to the citizens? I mean...
i
r
Vice Mayor Alonso: I mean, it's beautiful. I can see this.
Major Washington: Yes, the...
Vice Mayor Alonso: I love the hands, and the shaking, and the implications
that we are united, and all of this is beautiful. But when you are asking for
$35,000 for a program that is going to address the needs of people...
{
128 November 12, 1992
i
y ;
Commissioner Plummer: Give me the change of dates. Prom what date to what?
Vice Mayor Alonso: ...we are told we don't have the money. And then we have
it for this. I have a problem with that. 1 do.
NOTE FOR THE RECORD: Commissioner De Yurre entered
e meeEing a p.m.
Commissioner Plummer: OK.
Mayor Suarez: Is there some component of this that provides jobs for young
people that may otherwise be...
Commissioner Plummer: On the float?
Mayor Suarez: Something...
Commissioner Plummer: No.
Mayor Suarez: ...I mean, other than $35,000 given to some company that has
nothing to do but produce floats or somethings.
Major Washington: Well, this is an effort. It's twofold. It's an effort to
enhance the Department's image, number one. Number two, it provides a highly
visible message - crime prevention and anti -drug message - to the community.
We've had this float for the last four years. The community has been very
receptive to the float. We have gotten some very positive feedback. This is
a setting where we can have kids displayed, riding the float. And, you know,
the community has been very receptive to it.
Vice Mayor Alonso: How often do you use the float?
Commissioner• Plummer: No, it's New Year's Eve only.
Major Washington: OK. We use it for...
Vice Mayor Alonso: I beg...
Major Washington ...four parades.
Vice Mayor Alonso: Uh-huh.
Major Washington: The Orange Bowl Parade, the Junior Orange Bowl Parade, the
Martin Luther King Parade, and we also use it at the Pig Bowl, too.
Commissioner Dawkins: Mr. Mayor?
Mayor Suarez: Yes, Commissioner Dawkins.
Major Washington: And also, the Three Kings Parade.
129 November 12, 1992
i
a
Commissioner Dawkins: If this 1s so well thought of by the Department, if the
Department feels that it's something that should be done, and you... it's so
great for the City of Miami, why didn't you budget it in your regular budget?
Commissioner Plummer: Because then you can't get the funding from the Law
Enforcement Trust Funds.
Commissioner Dawkins: J.L., I did not ask you, smarty.
Commissioner Plummer: I'm sorry. Excuse me.
Commissioner Dawkins: I asked them.
Commissioner Plummer: They don't want the...
Mr. Cesar Odio (City Manager): Law Enforcement Trust Funds can only be...
Commissioner Dawkins: No, no. OK.
Mr. Odio: ...can only be used...
Commissioner Dawkins: I know... I know what Law Entrustment funds can be
used for.
Mr. Odio: But you cannot budget it.
Commissioner Dawkins: Why can't... Can't budget what?
Mr. Odio: The Law Enforcement Trust money.
Commissioner Dawkins: But you can... I'm not... See, this is where I have a
problem.
Mr. Odio: I wouldn't...
Commissioner Dawkins: You all, you guys mix apples and oranges.
Mr. Odio: Well, let me say it clearly. I wouldn't...
Commissioner Dawkins: I want to know why is it that the float that we are
discussing, the float which we want to put in the parades, the float that you
want to pay. for with some other money is such a great thing that we think it
should be done, why wasn't it budgeted for in your regular scheduled budget?
That's all I ask.
Mr. Odio: Because I don't have the money to spend on $35,000 from general
funds.
'Commissioner Dawkins: So... But it's all right, as Commissioner... as the
Vice Mayor pointed out, it's quite all right to take $35,000 that we could do
f something else with for a float.
` Mr. Odio: From free monies, from druggies. Yeah.
j'
S.�
130 November 12, 1992
Commissioner Dawkins: From free money?
Vice Mayor Alonso: But this is not...
Mr. Odio: It's all right.
Commissioner Dawkins: No money is...
Vice Mayor Alonso: That's the mentality.
Commissioner Dawkins: Heyl Wait a minute. Pardon me.
Vice Mayor Alonso: It's not free money. It's money...
Mr. Odio: This is drug...
Commissioner Dawkins: No money in America is free.
Mr. Odio: This money is confiscated from drug dealers.
Commissioner Dawkins: But it is not free, though.
Mr. Odio: To the City, it is. To the taxpayers, it is.
Commissioner Dawkins: Why?
Mr. Odio: Because they....
Commissioner Dawkins: It was taken from taxpayers who bought drugs.
Mr. Odio: Well, I don't want to...
Mayor Suarez: That's an interesting argument.
Commissioner Dawkins: OK. Then don't tell me about it's free.
Vice Mayor Alonso: When I met with the Police Department to discuss how the
money was going to be used and the Mayor, in frustration, after he has tried
to work with this system and some other Commissioners had been assigned, I was
asked to do the same. And I went through the same exercise with all of you.
Mayor Suarez: And just to the programmatic procedure of doing this.
Vice Mayor Alonso: And... But they showed me a list... Could you ask the
Manager to please...
Mayor Suarez: Mr. Manager, please.
Vice Mayor Alonso: You showed me a list of programs and activities that you
fund.every year. Why was this one not included somehow, in sort of a budget,
because you showed me this has already been established? Why does it have to
come through a pocket item, if you felt it's so important for your activities
of drug prevention? How come it was not included on a regular basis? That we
can meet with you and see that it was in fact something that was well thought
and analyzed and that it made sense when it comes to us.
131 November 12, 1992
Commissioner Plummer: Well, I'll tell you...
Vice Mayor Alonso., Now it comes as a pocket item.
Commissioner Plummer: We'll just defer it.
Vice Mayor Alonso: Look.
Commissioner Plummer: We'll defer it and let him...
Vice Mayor Alonso: No, Commissioner. You're getting the impression that all
of us, we are just picking on you. It's not the intent.
Commissioner Plummer: No, no. Not me.
Vice Mayor Alonso: The intent is, why do these things not take regular
channels? And why, when we try to fund programs that we feel very strongly
about, and we find that we don't...
Commissioner Plummer: I am picking on you.
Vice Mayor Alonso: Are you picking on me?
Mayor Suarez: I hope somebody took him out to lunch to a very, very nice
place.
Vice Mayor Alonso: Why? Why?
Mayor Suarez: You all know that's part of the thing here. You've got to take
good care of the Blues Brothers at lunch, otherwise the afternoon gets very,
very long.
Vice Mayor Alonso: You do. It get's... Now, I should know better. The
point is, why are you using this system when you come in front of us and look
straight in the eye and tell us, "We don't have the money." We cannot fund
AGAPE, or we cannot fund Better Way. In order for you to give $25,000 to
Better Way, I had to go so many times to the City Manager. And the City
Manager had to discuss so many times with you. Finally, it was done.
Assistant Chief Raul Martinez: Yes, Commissioner. We do fund a lot of
community programs. Some get referred to the Chief by some of you
Commissioners. After the Chief makes a determination that it's an appropriate
expense, he approves it and it comes here. On the issue of the float, why is
it coming through the back door, as you call it? You're right. It should
have come here before. Some issues delayed the paperwork. Issues such as the
drafting of the float delayed it, wherein it had to be brought in as a pocket
item. So, that's why it is not a regular Commission item. It should have
been a regular Commission item, if we had planned it way before. We are not
artists. We had to hire people who did the little drawing. It was a
volunteer, so it delayed it getting into the Commission agenda. As you know,
it takes like 60 days prior to get it into the agenda. That's why it's a
pocket item. But we do fund a lot of community programs. In facts, the
legislature now demands that about 50% of all expenditures, Law Enforcement
132 November 12, 1992
s
Trust Fund expenditures, be community based programs. And we were one of the
few Police Departments in the whole State of Florida that did that, and did
well beyond that.
Mayor Suarez: Mr. Manager, I hope you help us through this morass. It's been
the subject of many, many memos, first to Commissioner Dawkins, who then gave
up, and then to Commissioner Alonso, who may be about to give up, but we're
collectively not going to give up on this. We want to make it programmatic.
We want to have some advanced notice, because we're required to give you a lot
of advanced notice when we propose something. In fact, it's sort of a
Byzantine process that our proposals have to go through. And, in my
particular case, the ones I've recommended have done well. The Chief has
almost always recommended favorably, maybe always. But we want to do this in
a process that is cooperative and that's... What did you use... the
terminology you used...
Commissioner Dawkins: Let me offer a motion.
Mayor Suarez: ...Commissioner Alonso, you know...
Commissioner Dawkins: Let me offer a motion.
Mayor Suarez: ...regular processes. Yes?
Commissioner Dawkins: Let me offer a motion, Mr. Mayor.
Mayor Suarez: Yes, please.
Commissioner Dawkins: Reluctantly, although I'm not in favor of this, I will
pass a motion that half the money for the float comes from Law Enforcement
Trust Funds and the other half comes from the Police Department's regular
budget.
Mayor Suarez: So moved.
Commissioner Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
133 November 12, 1992
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-724
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENGAGE
THE SERVICES OF FESTIVAL FLOATS, INC., FOR THE
CONSTRUCTION OF AN ANTI -DRUG AND CRIME PREVENTION
PARADE FLOAT FOR USE DURING THE UPCOMING HOLIDAY
SEASON; ALLOCATING FIFTY PERCENT (50%) OF THE FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $17,500, FROM THE
LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, SUCH
COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE, AND
ALLOCATING ANOTHER FIFTY PERCENT (50%) OF THE FUNDS
FROM THE POLICE DEPARTMENT'S GENERAL OPERATING BUDGET.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
NOES: Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: I can't vote for it. I understand what you're doing, but I...
Commissioner Dawkins: OK. Hey, well then...
31. GRANT REQUEST BY BODY POSITIVE RESOURCE CENTER (IN PARTNERSHIP WITH
SHARE YOUR GIFT) FOR GRANT OF $2,600 TO COVER FEES CONCERNING
PRESENTATION OF CELIA CRUZ AND FRIENDS "AIDS BENEFIT CONCERT" AT JAMES
L. KNIGHT CONVENTION CENTER.
Mayor Suarez: All right. Anything further?
Commissioner Plummer: Pocket item.
Mayor Suarez: This session of the Commission is devoted to Commissioner
Plummer, et cetera, et cetera. Yes?
134 November 12, 1992
t
0
Commissioner Plummer: I feel like a pall parrot. A grant to cover the cost
for the AIDS benefit at the James L. Knight Center on December 19th by Celia
Cruz and friends. The opportunity is $2,600 and it is a benefit for... all
of the money going to the AIDS. As you know, we cannot waive the fees.
$2,600 for an AIDS benefit, I think, is well worth it and I so move.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second. The money will come back to us anyway.
Commissioner Plummer: That's correct.
Vice Mayor Alonso: We are giving it...
Mayor Suarez: Seconded.
Vice Mayor Alonso: ...and they will pay it back to us.
Commissioner Plummer: Right.
Vice Mayor Alonso: Yes. Second.
Mayor Suarez: Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-725
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $2,600
FROM SPECIAL PROGRAMS AND ACCOUNTS IN SUPPORT OF AN
AIDS BENEFIT CONCERT SPONSORED BY SHARE YOUR GIFT TO
BE HELD AT THE MIAMI CONVENTION CENTER ON DECEMBER 19,
1992; FURTHER, CONDITIONING SAID ALLOCATION UPON THE
ORGANIZERS' COMPLIANCE WITH ANY CONDITIONS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by 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
NOES: Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
135 November 12, 1992
Mayor Suarez: I'm going to stick with my no on that one.
Commissioner Plummer: Hello?
Mayor Suarez: I'd like to see that money put up front.
32. GRANT REQUEST BY OPERATION SAVE EYES FOR CLOSURE OF DESIGNATED STREETS
CONCERNING ITS SAVING EYE 192 EVENT.
Commissioner Plummer: On the eye...
Little Haiti has asked for a...
Mayor Suarez: Yes, I'm sorry.
The gentleman from the Eye Festival in
Commissioner Plummer: The gentleman from Little Haiti about the eyes... Save
the Eyes, has asked that his dates - and we've already cleared them for him -
that he be allowed to hold his thing on May the first, rather than October the
24th, and I so move that it be granted.
Mayor Suarez: Is that a street closure, or what is that?
Commissioner Plummer: Yes, sir. Street closure.
Mayor Suarez: All right. So moved.
Vice Mayor Alonso: Second.
Commissioner Dawkins: Second.
Commissioner Plummer: Is that it?
Mayor Suarez: Second. Any discussion? If not, please call the roll.
Commissioner Plummer: I did the Pig Bowl. Go ahead.
Commissioner Dawkins: OK. Mr...
Commissioner Plummer: Call the roll.
Mayor Suarez: Call the roll, please.
136 November 12, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-726
A RESOLUTION AMENDING RESOLUTION NO. 29-926, ADOPTED
MAY 14, 1992, AS AMENDED BY RESOLUTION NO. 92-665,
ADOPTED OCTOBER 8, 1992, WHICH 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 OCTOBER 24, 1992,
BETWEEN THE HOURS OF 5:00 P.M. AND 9:00 P.M. TO MAY 1,
1993, 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 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.
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33. (A) ACCEPT A $7,500,000 GRANT FROM METROPOLITAN DADE COUNTY FOR
RENOVATION OF ORANGE BOWL STADIUM.
(B) THANK SKIP SHEPHARD FOR HIS EFFORTS IN SUCCESSFULLY LOBBYING
DADE COUNTY IN CONNECTION THEREWITH.
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Commissioner Plummer: [AT THIS POINT, COMMISSIONER PLUMMER READ THE
RESOLUTION INTO THE RECORD.] Hello, Alex Penelas, nice to have you here. I
so move.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded. Chair now recognizes Commissioner Penelas. I
thought you may be here to ask for something. I am pleased to know that you
are visiting and supporting our efforts. Call the roll.
137 November 12, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION N0. 92-727
A RESOLUTION ACCEPTING A GRANT FROM DADE COUNTY IN THE
AMOUNT OF $79500,000 TO BE USED BY THE CITY OF MIAMI
TO PAY OR REIMBURSE A PORTION OF THE COSTS OF
RENOVATING AND IMPROVING THE ORANGE BOWL STADIUM;
PROVIDING FOR SAID GRANT MONIES AND INVESTMENT INCOME
THEREON TO BE HELD BY THE CITY IN TRUST UNTIL APPLIED
FOR SAID PURPOSES; PROVIDING THAT UPON RECEIPT OF SAID
GRANT THIS RESOLUTION SHALL BE ENFORCEABLE BY THE
COUNTY AS A CONTRACT UNTIL ALL GRANT MONIES AND
INVESTMENT INCOME THEREON HAVE BEEN EXPENDED AS HEREIN
PROVIDED; PROVIDING THAT UPON RECEIPT OF SAID GRANT
THIS RESOLUTION MAY NOT BE REPEALED OR AMENDED EXCEPT
WITH THE CONSENT OF DADE COUNTY; PROVIDING FOR CERTAIN
ACTS BY CITY OFFICIALS AND THE CITY ATTORNEY;
REPEALING RESOLUTION NO. 92-550, ADOPTED SEPTEMBER 10,
1992; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN
EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor Be Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Plummer: A resolution thanking Skippy Shephard for beating the
hell out of the Metro Commissioners to get us that money. I so move.
Mayor Suarez: Moved.
Commissioner Plummer: No, it's here.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded.
Commissioner Plummer: It's so moved.
Commissioner Dawkins: Second.
138 November 12, 1992
Mayor Suarez: Call the roll. You don't... With all due respect, you don't
need to do that by a resolution, you could just...
Commissioner Plummer: Sir, whatever you want.
Mayor Suarez: OK.
Vice Mayor Alonso: 1 know it's there.
Mayor Suarez: Give all the recognition you want...
Commissioner Plummer: All right.
Mayor Suarez: ...to all the people you want, just...
Commissioner Plummer: The last one.
Mayor Suarez: ...send it for our signatures and...
34. BRIEF DISCUSSION CONCERNING PROPOSED REFUNDING OF CERTAIN DADE COUNTY
FLORIDA HOUSING BONDS TO FINANCE LOW INCOME HOUSING IN THE CITY OF
MIAMI.
Commissioner Plummer: A resolution, with attachments, authorizing and
directing the City Manager to execute an agreement in substantially the
attached form, approving the refunding of certain Dade County Florida Housing
Bonds to finance low or moderate income housing in the City of Miami, said
bond...
Commissioner Dawkins: Why is this...
Commissioner Plummer: Waitl Let me finish! Where was I? ...Housing Bonds
to finance low or moderate income housing in the City of Miami, said bonds
having been issued pursuant to an agreement between the City Manager and Dade
County, Florida for the specified purpose; further authorizing continuation of
City assistance for said program.
Mayor Suarez: Like I said, you have to take good care of them at lunch.
Commissioner Plummer: Now, I move. And Mr. Garcia would like to explain.
Commissioner Dawkins: I call the rule.
Commissioner Plummer: He invokes the rule. There's no more conversation, Mr.
Garcia. Thank you, Mr. Mayor.
Mayor Suarez: Surely.
Commissioner Plummer: I've done what I was asked to do.
139 November 12, 1992
35. PERSONAL APPEARANCE BY VIRGILIO PEREZ (LATIN CHAMBER OF COMMERCE)
REQUESTING AMENDMENT TO ZONING ORDINANCE CONCERNING THE LATIN QUARTER
SPECIAL DISTRICT SD-14 -- REQUEST ADMINISTRATION TO DRAFT AMENDMENT TO
ALLOW AUTO CAR CARE SERVICE CENTERS IN C-1 DISTRICT.
Commissioner De Yurre: Mr. Mayor?
Mayor Suarez: Yes, sir. Commissioner De Yurre.
Commissioner De Yurre: Continuing with the pocket items that started at 9:00
this morning.
Commissioner Plummer: Why didn't you give them to me? I mean, everybody else
does.
Commissioner De Yurre: Yeah. We've got to do something about this, guys, to
tell you the truth. But anyway, since we're all in this...
Commissioner Plummer: I agree.
Commissioner De Yurre: ...train of thought, we have Virgilio Perez who needed
to approach us here for 30 seconds. Twenty-nine, 28, 27...
Commissioner Plummer: A what?
Commissioner De Yurre: Twenty-six...
Vice Mayor Alonso: Most of the pocket items that you have, the Administration
gave to you.
Mayor Suarez: Chairman of the Protocol Commission.
Commissioner Plummer: All of them. None of them are mine.
Commissioner De Yurre: Five, four, three...
Mayor Suarez: Sir.
Commissioner De Yurre: Go ahead, quickly.
Commissioner Plummer: What do I have? The Budweiser race, that's mine. Once
a year.
Commissioner De Yurre: Seventeen, 16...
Commissioner Plummer: They're not going to give me a fit on my one and only.
Mr. Virgilio Perez: OK. Mr. Mayor, my name is Virgilio Perez. I'm here
representing the Latin Chamber of Commerce and we have a problem on the...
140 November 12, 1992
j
Commissioner De Yurre: Twelve...
Mr. Perez: ...on the Latin Quarter Review, and we request...
Commissioner Plummer: Oh, there was one more I had.
Mr. Perez: ...we humbly request this Commission to instruct the Planning
Department to amend the zoning ordinance to the Latin Quarter Special District
SD-14, to allow auto car care service center, as described as an automobile
service station, permissible in C-1 with special permit, that without
dispensing of gasoline, while relying heavily on retail sales of auto parts,
equipment and accessories, and including minor repairs. This light repair
should be limited as described under the definition of automotive service
station, in section 25.02 should be subject to all requirements of section 930
and 931.
Commissioner De Yurre: What's the reasoning behind this?
Mr. Perez: The reasoning behind this is, as you know, the Little Havana Latin
Quarter is completely decaying. Most of the business, we believe, that must
be in compliance with the Code of the City of Miami, but we should not
preclude any businesses to become part of that area, and I think it's
important that all businesses have the opportunity to go, in compliance with
the Code of the City of Miami, to this area.
Commissioner De Yurre: What is this going to allow that it doesn't allow now?
Mr. Perez: The only problem is that the SD-14 does not allow an auto car care
center, that it will permit the people of Little Havana to have their cars,
and minor tune-ups. No gasoline, no heavy... whatsoever... overhauling of
motors, or anything like that, as per the Code precludes right now.
Commissioner De Yurre: OK. But, Mr. Mayor, what I would do is I would move
that the Administration come back with a recommendation on this and if they
deem it so, that we proceed with that later on.
Commissioner Plummer: Well, is that just... for to speed the process, would
it not, Mr. City Attorney, have to go through the Planning and Zoning Board?
So, I would say that that's where it should go and then cane to us afterwards.
Commissioner De Yurre: Whatever the procedure is...
Commissioner Plummer: Coming to us, then it's still got to go back to them.
Mr. Perez: But you... Excuse me, Mr. J.L. Plummer, we understand it has to
go to the PAB (Planning Advisory Board) and also go to the City Commission,
but you have to instruct the Administration to do this, in order that we can
go to there.
Commissioner Plummer: Excuse me, sir.
Mr. Perez: I think Joe... No.
141 November 12, 1992
Commissioner Plummer: What I'm saying is, once they've done it, don't come
back to us.
Mr. Perez: No.
Commissioner Plummer: Go directly through the process.
Mr. Perez: I agree with you.
Commissioner De Yurre: So do we instruct, then, the Administration to proceed
with the process? I so move.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second.
Commissioner Plummer: That is if you get three votes.
Mr. Perez: Thank you.
Mayor Suarez: Call the roll, please.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 92-728
A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT THE
PLANNING DEPARTMENT TO REVIEW AND PREPARE A
RECOMMENDATION ON AMENDING ORDINANCE 11000 IN
CONNECTION WITH THE LATIN QUARTER SPECIAL DISTRICT SD-
14 TO ALLOW CAR SERVICE STATIONS ON C-1 DISTRICTS
WITHOUT DISPENSATION OF GASOLINE BUT RELYING HEAVILY
ON RETAIL SALES OF AUTO PARTS EQUIPMENT AND
ACCESSORIES, INCLUDING MINOR REPAIRS.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
142 November 12, 1992
--------- - ----------------------------------------------
36. REFER TO MANAGER FUNDING REQUEST BY ALLEGRO CORRAL FOR THE STAGING OF A
CHOIR PRESENTATION.
Commissioner Dawkins: Mr. Mayor, I got Miss Gilford. Will you come up there
for 30 minutes... thirty seconds, like the other gentleman had and tell them
what your needs are.
Ms. Vera Gilford: Mr. Mayor, Madam Vice Mayor, and Commissioners, thank you
for this opportunity to make this presentation. My name is Vera Gifford. I'm
here on behalf of the Allegro Chorale. The Allegro Chorale is a nonprofit
organization, which objectives are to enhance the cultural environment of
South Florida. They have sung with the opera on three occasions here in
Miami, and they are presenting one of the finest renditions ever of Handel's
Messiah at the Gussman on December 19th. That's next month. I'm here on
their behalf to request $4,000 to help defray the cost of that presentation.
This community is plagued by drug problems, not to mention the post hurricane
problems and the community tensions. This organization represents a crossover
and it has the ability to draw minorities not ordinarily exposed to operatic
style music, because the singers can sing opera, they can sing gospel, they
can sing spiritual, anthems, they can sign Italian, and they can sing Latin
music. And therefore, I would request that, because this organization will
make an immeasurable benefit to this community by doing this presentation.
And they have made several presentations before in addition to the opera, the
world AIDS concert, they performed there. And it's one of the finest singing
organizations here in South Florida.
Commissioner Dawkins: OK. I'm going to refer this to the Manager and I doubt
seriously if you're going to get any money, but I'm going to refer you over
there. And I'll make $1,000 available from by budget. So, I move that this
be referred to the Manager.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Commissioner De Yurre: Second.
Ms. Gilford: Thank you.
Mayor Suarez: Second.
Ms. Gilford: Thank you.
Mayor Suarez: Call the roll. And don't hesitate to try to get the rest of us
to match anything that Commissioner Dawkins can come up with. I'm sure...
Vice Mayor Alonso: When is the event, did you say? What date? December
19th.
Mayor Suarez: Call the roll.
143 November 12, 1992
THEREUPON MOTION DULY MADE BY COMMISSIONER DAWKINS AND
SECONDED BY VICE MAYOR ALONSO, THE HEREINABOVE ITEM
WAS REFERRED TO THE CITY MANAGER BY THE FOLLOWING
VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
37. (Continued Discussion) BRIEF COMMENTS CONCERNING MARTIN LUTHER KING
PARADE -- CITY COMMISSION DISCUSSES ITS INTENT TO DELEGATE POWER TO THE
CITY MANAGER THAT HE MAY HANDLE NON -CONTROVERSIAL REQUESTS FOR CLOSURE
OF STREETS. (See label 25)
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, I'd like a point of special privilege.
Commissioner Plummer: Excuse me. Miller...
Commissioner Dawkins: Go right ahead, sir.
Commissioner Plummer: Did they speak to you about the Martin Luther King
parade? We did not close the streets and we need a resolution...
Commissioner De Yurre: So moved.
Commissioner Dawkins: Yeah. Well, the Vice Mayor was going to move it, bring
it back up this afternoon for discussion.
Commissioner Plummer: Oh, I'm sorry. Who's... Were you going to bring 1t
up?
Vice Mayor Alonso: Well, I was going to...
Mayor Suarez: I'll entertain a motion for the closure of streets for the
Martin Luther King parade.
Commissioner Dawkins: Second.
Mayor Suarez: All right.
Commissioner Dawkins: J.L. moved it. I second.
Mayor Suarez: Moved and seconded.
144 November 12, 1992
Commissioner Plummer: I don't care who moves it, it's just...
Mayor Suarez: Mr. City Attorney, did we not at one point, as to the issue of
beer and wine permits and street closures, pass an ordinance that gave...,
delegated authority to the Manager to handle that without Commission...?
A. Quinn Jones III, Esq. (City Attorney): That's my recollection.
Mayor Suarez: Well, why aren't we doing it that way, folks? We're spending a
good deal of time here on closure of streets. I've got another one requested
by Camillus House...
Vice Mayor Alonso: Me too.
Mayor Suarez: ...for some mural.
Vice Mayor Alonso: I have one too.
Mayor Suarez: The same one?
Vice Mayor Alonso: No. I have Radio Mambi.
Mayor Suarez: We're...
Commissioner Plummer: Well, I think that, you know, the Manager can do it...
Mayor Suarez: But if it's an ordinance, and if we have delegated that power,
whether Commissioner Plummer wants to have more specific involvement, which I
have no problem with... but I don't want to have any involvement in street
closures. I have no interest whatsoever. If you recommend them, and the
police approves them, there's no controversy, by all means, don't have that
come to this Commission.
Commissioner Plummer: No controversy is fine. OK?
Mayor Suarez: And the only controversy would be with you, because the rest of
us don't care.
Commissioner Plummer: Well, I think you do care when you get into a scenario
that we've got into twice.
Mayor Suarez: You have pointed out every once in a while that, yeah, there
are problems.
Commissioner Plummer: OK?
Mayor Suarez: And there have been some conflicts, but 99.9 percent...
Commissioner Plummer: And to me, when the City...
Mayor Suarez: ...of the time, folks...
145 November 12, 1992
Commissioner Plummer: When the City has to lay out $10,000 to rectify it, I
think we should be concerned.
Mayor Suarez: We have people here on a variety of items and...
Commissioner Plummer: All right. Do you want this...
Mayor Suarez: ...if we had an ordinance that did that, I don't know why we're
not implementing it.
Commissioner Plummer: OK.
Mayor Suarez: And these are not even beer and wine permits. The one that
Greer needs is to paint a mural for two hours, one little block.
Vice Mayor Alonso: It's just a street closure.
Mayor Suarez: And you've got one that also, apparently, is totally non-
controversial.
Vice Mayor Alonso: Um-hmm.
------------------------------------------------------------------------------
38. AUTHORIZE MANAGER TO NEGOTIATE AND EXECUTE AGREEMENT WITH CERTIFIED
PUBLIC ACCOUNTANT FIRM OF DELOITTE AND TOUCHE FOR ACTUARIAL SERVICES IN
CONNECTION WITH THE CITY'S SELF-INSURANCE AND INSURANCE TRUST FUNDS.
------------------------------------------------------------------------------
Mayor Suarez: Yes, Commissioner Plummer.
Commissioner Plummer: [AT THIS POINT, COMMISSIONER PLUMMER READ THE
RESOLUTION INTO THE RECORD] I so move.
Mayor Suarez: So moved.
Commissioner Dawkins: Is that the same one that Mr...
Commissioner Plummer: Mr. Chhabra brought forth?
Commissioner Dawkins: ...Chhabra brought to me?
Commissioner Plummer: Yes.
Commissioner Dawkins: OK. All right.
Commissioner Plummer: I so move.
Commissioner Dawkins: Second.
Mayor Suarez: Any discussion? If not, please call the roll.
146
November 12, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-729
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL
SERVICES AGREEMENT FOR THREE YEARS WITH TERMS AND
CONDITIONS SET FORTH IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE CERTIFIED PUBLIC ACCOUNTANT FIRM OF
DELOITTE AND TOUCHE FOR ACTUARIAL SERVICES FOR THE
CITY'S SELF-INSURANCE AND INSURANCE TRUST FUND;
ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED
$14,500 FOR THE FIRST YEAR OF THE AGREEMENT FROM THE
FISCAL YEAR 1992-1993 SELF-INSURANCE AND INSURANCE
TRUST FUND, INDEX CODE 620101-270, PROJECT NO. 671001.
(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.
39. DISCUSSION CONCERNING PLACEMENT OF PROPOSAL FOR EXECUTIVE MAYOR FORM OF
GOVERNMENT BEFORE THE VOTERS OF MIAMI.
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, although we have scheduled 45 after 5:00
o'clock, Commissioner Penelas is here. Is it possible to hear his views...
Mayor Suarez: Absolutely.
Commissioner Dawkins: ...and then hear it again after 5:00, if necessary, but
let him speak so that he may leave?
Mayor Suarez: Yes, sir.
Commissioner Dawkins: This is on the proposed Charter Amendment, the
Commissioner has some views.
147 November 12, 1992
0
•
Mayor Suarez: Take pity on us when we appear before the County Commission and
see if your magnanimous Mayor will take us out of turn too, Commissioner.
Sometimes we wait there for quite a long time.
Mr. Alex Penelas: Thank you, Mr. Mayor, members of the Commission. Alex
Penelas...
Mayor Suarez: Perhaps if you were chairing the County Commission that
wouldn't happen, but...
Mr. Penelas: That's correct. Alex Penelas, member of the Dade County
Commission, ill N.W. ist Street. You all are discussing, or have as a
discussion item this afternoon, number 45, which is a proposal to create the
position of Executive Mayor here in the County. I have been asked by several
members of this Commission to spend a few moments this afternoon, to share
with you my experiences on the issue, since, as you know, the voters of the
County as a whole passed a similar referendum item on October ist, creating
the position of Executive Mayor for Dade County Metro Government, effective
1996. I'm just going to be very brief as to what we did and what I saw to be
some of the major concerns, and certainly if you all have any questions, or
need further input, I'd be happy to do that. Basically, under the proposed
County proposition which was passed by the voters, the position of Executive
Mayor is created effective in 1996. This will be a position who is not a
member of the Commission, does not have voting privileges on the County
Commission, but does have the power to veto all County Commission actions.
All those vetoes, of course, are subject to an override by two-thirds vote.
The referendum also called for the maintenance of the County Manager's
position. The County Manager, under the County's proposal, would be nominated
by the Executive Mayor, subject to ratification by a majority of the County
Commission. Of course, if the majority of the County Commission does not
ratify the appointment of the County Manager, it would then be incumbent upon
the Executive Mayor to bring forth another name, until such time as an
appointment is ratified. Similarly, if the County Manager is removed by the
Executive Mayor, the County Commission also... always has the right to
overturn that removal by a two-thirds vote. Additionally, it provides that
should the County Commission, on its own initiative, wish to remove the County
Manager, they may do so by a two-thirds referendum. The referendum goes on to
state that the County Manager no longer will have the responsibility to
present the County budget. That responsibility is now transferred to the
Executive Mayor, who will have the responsibility to prepare, present, and
obviously, defend the County's budget at all appropriate times. Finally, our
proposal has a two term limit. No individual in this community can serve as
the Executive Mayor of Dade County for more than eight years. Let me share
with you now some of my thoughts regarding those different technical points.
First of all, I would suggest that you all stay away from any sort of a salary
question. I think it goes without saying that the voters of this County don't
want any salary questions as part of these ballot questions. It would be my
advice, certainly, that if salary becomes a part of the issue that it be
maintained as a separate question. I also very strongly suggest that you
maintain the position of City Manager as it exists today. I think, there's a
lot to be said for maintaining the professional integrity of a City Manager.
Many people feel that you can elect a very popular individual, who will become
the Executive Mayor, but this individual may not know how to run City
government. So we decided that to maintain the integrity of the professional
148 November 12, 1992
portion, or the Administrative portion of County government, we've maintained
the position. I would certainly... I certainly think that that is something
that would be worth considering.
Commissioner Plummer: Is that the way it is in the County?
Mr. Penelas: That is under the County proposal. Yes, sir.
Commissioner Plummer: In other words, you still maintain a County Manager.
Mr. Penelas: Yes, sir.
Commissioner Plummer: But he's appointed, or they are...
Vice Mayor Alonso: ...appointed by...
Commissioner Plummer: ...appointed by the Executive Mayor.
Mr. Penelas: No, sir. The Executive Mayor proposes a name and appoints that
person. That individual would always have to be ratified. Really, what
you've done is you've taken... before the County Commission as a body would
present a name, or names for consideration...
Commissioner Plummer: As I see it, Alex, the only difference here, in our
setup, would be the fact that any one of us have the right to proffer a name.
Whereas, with what you are saying is, only the Mayor would have the right to
proffer a name.
Mr. Penelas: That is correct.
Commissioner Plummer: And I really don't see that much difference.
Mr. Penelas: OK. Well, that is the exact difference between...
Commissioner Plummer: It is. Yeah.
Mr. Penelas: ...the current system...
Commissioner Plummer: Now, there is another major difference in what you're
just talking about and that which I have. You're talking about two-thirds
vote. Here it's tantamount to a unanimous vote, because for the... according
to this document which I have, it takes a four -fifths vote and, of course,
whoever the Mayor would be, the Executive Mayor... is not going to vote
against themselves. So a four -fifths vote remains, the remaining four would
have to be a unanimous vote.
Mr. Penelas: Mr. Comnissioner, you are correct. There are certain nuances...
Vice Mayor Alonso: That's for removal.
Mr. Penelas: ...in the City Charter...
Commissioner Plummer: For removal. Yeah, it would have to be... Where they
can remove by two-thirds, tantamount here in our... this document which we
149 November 12, 1992
1
have, which I'm sure is going to be altered tremendously, is going to be a
unanimous vote.
Mayor Suarez: Well, no. In their scheme, the Mayor doesn't vote.
Commissioner Plummer: The Mayor doesn't vote here...
Vice Mayor Alonso: Because of the...
Commissioner Plummer: ...except in a tie.
Vice Mayor Alonso: Yeah. Because the number of Commissioners...
Commissioner Plummer: Mr. Mayor, what I'm saying is that here the Mayor would
nominate. Surely, the Mayor is not going to vote against his nominee, or
against their nominee.
Mayor Suarez: In the scheme that he's proposing, the Mayor doesn't vote at
all.
Vice Mayor Alonso: But here it doesn't say four -fifths.
Mayor Suarez: The Mayor appoints or...
Commissioner Plummer: Yeah. Four -fifths.
Vice Mayor Alonso: That's for nomination, no?
Commissioner Plummer: No. for removal.
Mayor Suarez: Or he moves, but does not vote in that process.
Vice Mayor Alonso: Removal, yeah.
Commissioner Plummer: That's right. So, here it's tantamount to unanimous
Commission approval.
Vice Mayor Alonso: For removal.
Commissioner Plummer: See, I just... One of the things that I've got a real
problem with here...
Mayor Suarez: That's not... Wait, wait. Let me just clarify that.
Supposing we have your system with five Commissioners here.
Commissioner Plummer: Right.
Mayor Suarez: The Mayor doesn't sit with the Commissioners.
Commissioner Plummer: No, no. In this...
Vice Mayor Alonso: No, he's asking if we had...
Commissioner Plummer: Oh, OK. I'm sorry.
150 November 12, 1992
•
Vice Mayor Alonso: ...this system.
Mayor Suarez: Suppose we had that system, and then the Commission wanted to
remove the Manager. And suppose it was a four -fifths vote, it would be four -
fifths of the City Commission.
Mr. Penelas: It would require super majority. That's correct.
Mayor Suarez: The Mayor doesn't vote on that. It has nothing to do with the
Mayor.
Commissioner Plummer: But here the Mayor doesn't vote and it calls for a
four -fifths vote for removal by the Commission.
Mayor Suarez: Right.
Vice Mayor Alonso: Now, he's saying that...
Commissioner Plummer: That's unanimous.
Mayor Suarez: Why? It's four -fifths. Four out of five.
Commissioner Plummer: It's not a two-thirds, or a majority.
Mayor Suarez: It's four out of five.
Commissioner Plummer: It's unanimous.
Mayor Suarez: It's four out of five.
Commissioner Plummer: No, it's four out of four.
Mr. Penelas: Mr. Plummer, that's assuming...
Mayor Suarez: There would be five Commissioners.
Commissioner Plummer: Not if the Mayor doesn't vote. Remember?
Mayor Suarez: Right. It would be five Commissioners. The Mayor is totally
different.
Commissioner Plummer: Oh, no. But that doesn't... That's not here, Mr.
Mayor. This does not make an Executive Mayor...
Mayor Suarez: What do you mean "here"?
Commissioner Plummer: ...and five Commissioners.
Mayor Suarez: What do you mean "here"?
Commissioner Plummer: In this document which we will be talking about.
Mayor Suarez: Oh, you mean the one that was submitted by the City Attorney?
151 November 12, 1992
_. — �—rAep np I�A4AllIPI���•�
1
Commissioner Plummer: Yes.
Commissioner Dawkins: By Miller Dawkins.
Commissioner Plummer: OK? That's the point that...
Mayor Suarez: By Miller Dawkins...
Commissioner Plummer: The one... The question that I've had all the way
along...
Mayor Suarez: I... That's not what he's proposing, believe me. I mean, it's
quite different.
Mr. Penelas: Well, Mr. Mayor, if I may. Let me...
Commissioner Plummer: But I'm asking to try to compare is what I'm trying to
do.
Mr. Penelas: Let me...
Mayor Suarez: Anyhow, in the scheme that he's proposing, how does removal
work? If there were five Commissioners, the Mayor doesn't sit with the
Commission, how does that work?
Mr. Penelas: Well, then you would have... and there would be a sixth member
called the Executive Mayor. Is that correct?
Mayor Suarez: Right.
Commissioner Plummer: Ah. That's a big difference.
Mr. Penelas: Exactly, Mr. Plummer.
Mayor Suarez: That's... Right.
Mr. Penelas: These are policy decisions you all are going to have to make as
a body.
Commissioner Plummer: And then you're talking about $300,000 more a year for
an extra Commissioner.
Vice Mayor Alonso: No.
Mr. Penelas: Mr. Plummer...
Commissioner Plummer: Sure, the fifth one.
Mr. Penelas: Mr. Plummer... Mr. Plummer, I...
Commissioner Plummer: The Executive Mayor plus the fifth one.
Vice Mayor Alonso: But in this package, they don't have one.
152 November 12, 1992
Commissioner Plummer: No, in this one it does not.
Vice Mayor Alonso: Oh, I see.
Mayor Suarez: All right. Anyhow...
Mr. Penelas: OK. Two variations. If you keep the size of the City
Commission at five members, the Executive Mayor who would be one of the
five...
Commissioner Plummer: Right.
Mr. Penelas: ...would not vote. You're correct.
Commissioner Plummer: Except for a tie.
Mr. Penelas: No, sir. Would not vote. Unless it says it specifically 1n
your document.
Commissioner Plummer: It says so here.
Mr. Penelas: Let me just make something clear. I'm not here...
Mayor Suarez: You can't combine the two ideas because then you really get
confused.
Vice Mayor Alonso: Yeah. Because he's talking about the County and we're
getting him confused.
Mayor Suarez: He's got a whole different plan. Let him advance his plan.
Mr. Penelas: I'm talking about a concept. I am not intimately familiar with
what I think Commissioner Dawkins put on your agenda today. I'm just talking
about the concept.
Commissioner Plummer: OK.
Mr. Penelas: OK. If you have a five member Commission, and the fifth member
is the Executive Mayor, who does not vote, except in the cases of ties, then
it wouldn't make any difference. If you don't have those four votes, which
would be the super majority, to override the Mayor's removal of the City
Manager, then you don't have the four votes. The Mayor wouldn't participate.
Commissioner Plummer: It's not a super majority. It's unanimous. That's the
point I'm trying to make.
Mr. Penelas: You're right. You're absolutely right.
Vice Mayor Alonso: In that particular case.
Mr. Penelas: In that particular case. Now, you a11, as a policy decision,
have to decide whether you want to maintain, if you decide and let this go to
the voters, whether you want to keep the size of the Commission at five, or
153 November 12, 1992
you want to increase it to six. And that's a policy decision that you all
have to make. It works a lot easier, it's a lot smoother, if you increase it
to six, because you've created the position of Executive Mayor, and a lot of
other things work a lot easier. But I think there are some political
ramifications that you all have to consider...
Commissioner Plummer: Oh, sure.
Mr. Penelas: ...which is going to the community and justifying more
bureaucracy. I learned from the 191 County referendum, where we propose
expanding the size of the Commission, that people do not want more
bureaucracy. They don't want more salaries. And that's something that I
think you all have to consider very carefully. Again, I came here simply to
share my insight from the County's perspective. A lot of people have been
asking for reform. A lot of people think that... or have thought that the
County government, as it was at that time, and perhaps as it still is, is not
sufficiently responsive to the needs of the community, and that an Executive
Mayor would address some of those concerns. I wanted to make sure that as you
all go through your deliberation, and it's simply a discussion item today,
that you had the opportunity to listen to some of my concerns. And,
certainly, I want to make myself available today, or as you move forward in
the process, with any questions or concerns you have. But paramount, I think,
certainly, are the issues of the salary, number one; and secondly, maintaining
the integrity of the City Manager's position, because I think people don't
want to create that strong Mayor. I think they're fearful of it. They think
of Chicago and other areas, where that's led to a lot of problems. So those
would be my main concerns.
Mayor Suarez: On that last point, what makes you think the people don't want
a true strong Mayor, like in the north?
Mr. Penelas: I think they don't understand it, number one. I think,
secondly, you've got to... in the ballot question, you've got to make it a
full-time position, with a full-time salary, and that probably would doom it
in and of itself.
Mayor Suarez: The very fact of having a salary attached to it, or the
implication that a salary would be set, let's say, by the Commission, or by
State taw and whatever.
Commissioner Plummer: Well, what's the... Mr. Mayor, the only thing we're
talking about... A strong Mayor is nothing more than an elected Manager.
Mayor Suarez: That's right.
Commissioner Plummer: That's all he is.
Mayor Suarez: In fact, that's my best way of defining it. In our present
system here, an elected Manager, who would have some veto power over some
Commission actions, would be the typical strong Mayor of most major American
cities.
Mr. Penelas: As a City Administrator. That's correct. But again, you've got
to make that position...
154 November 12, 1992
Mayor Suarez: No, no.
Mr. Penelas: Yeah.
Forget City Administrator.
Mayor Suarez: That whole concept doesn't exist in most cities that I'm
familiar with. Commissioner, the major criticism that is levelled at your
plan is one that I think is very important for you to address, and I think all
of us are concerned about it. We know that as a practical matter, not
attaching a salary makes it more palatable to the voters, but what kind of
people are in a position that they can recommend a budget, intelligently
defend it, and not do that on a full-time basis?
Mr. Penelas: Let me offer a variety...
Mayor Suarez: And without payment, and wouldn't it sort of lead to all kinds
of conflicts for a Mayor that had executive powers, or quasi -executive powers,
and yet is expected to make a living elsewhere?
Commissioner Plummer: Well, but, Mr. Mayor... Excuse me. In this proposal
which we have in front of us, it does call for a second party to be appointed
by the Executive Mayor called the Director of Budget.
Mayor Suarez: We're going to, presumably, discuss that proposal at 4:45, or
whenever this thing was scheduled for. I'm talking about the proposal that
the County has, which the Commissioner is trying to advance.
Vice Mayor Alonso: Which is exactly the same situation done a little bit
different, but it's very interesting the question.
Mr. Penelas: On the salary question I think you're correct. First of all,
Mr. Mayor, I think you all know that most of us at the County Commission,
although in theory we are part-time Commissioners and are paid, not in theory,
but realistically, $6,000 a year, that we do spend a lot more than 10 or 15
hours a week at County Hall. So, I think that the myth part of it, I think,
is answered simply by reality. We're there a lot longer. Secondly, under the
County's proposal, the Executive Mayor is not required to be at County
Commission meetings. He serves as a true executive. He lets the legislators
deliberate and then he, and his legislative staff, oversee that process and
veto where necessary. The Executive Mayor does have the option, however, of
sitting at the dais and presiding over the meetings, if he or she wishes. If
not, he or she has the opportunity to designate someone who would preside over
the meetings. Second...
Mayor Suarez: Presiding without a vote.
Mr. Penelas: Preside over a vote... without a vote. Secondly... That's
because you want to have...
Commissioner Plummer: That's crazy.
Mr. Penelas: ...the voice element. You want to have the Administration's
voice available during the deliberations of the legislative party, so that if
the administrative or executive branch has a serious objection to what the
155 November 12, 1992
legislative branch is doing, you could deal with it at the same time rather
than waiting for later. Secondly, the Executive Mayor is not required to
serve on committees. That also takes a lot of the time commitments away from
the Executive Mayor. Under the current system, I should add also, the current
Mayor does not serve on comimittees, which... I'm not sure if you have a full _
committee process here in the City...
Commissioner Plummer: No.
Vice Mayor Alonso: No, we do not.
Mr. Penelas: ...but at the County it takes a lot of time.
Commissioner Plummer: Commission Awareness, which doesn't work.
Mr. Penelas: I'm sorry?
Commissioner Plummer: Commission Awareness, which 1s a total failure. It
doesn't work.
Mr. Penelas: It doesn't work. Well, we find some benefit to it at the
County. It helps...
Commissioner Plummer: I agree.
Mr. Penelas: ...move items along and...
Mayor Suarez: It also helps to bury items, from time to time.
Mr. Penelas: It helps to bury items as well.
Vice Mayor Alonso: When he says it doesn't work, it's not because it's our
fault. It's the...
Mr. Penelas: Right.
Vice Mayor Alonso: ...fault of the Administration, that they don't come to us
with the subjects as...
Commissioner Plummer:
Mr. Penelas: So...
Commissioner Plummer:
Alex, as I have seen...
If I may finish the Mayor's concern...
Sure.
Mr. Penelas: Mayor, that's my answer in theory, and that's all it can be.
It's a..
Mayor Suarez: There is a problem there. We all know there's a problem there.
Mr. Penelas: ...theoretical answer, but there is a problem. And sooner or
later, this community is going to have to, as a whole, say whether they truly
want part-time elected officials or they're willing to pay a salary.
156 November 12, 1992
Mayor Suarez: That's exactly right.
Mr. Penelas: In the meantime, those of us who decide to serve the public will
just have to accept the fact that we make $6,000 a year and go forward.
Commissioner De Yurre: Let me ask you something.
Vice Mayor Alonso: And we know ahead of time.
Commissioner De Yurre: Does... You know, when you change, there has to be a
reason for change. You don't change for the sake of change. I... What
you've expressed here is about the weakest strong Mayor, Executive Mayor, that
I can imagine. I mean, he has no powers. How does that improve government?
Think about it. How does that improve government? I fail to realize. I can
see if we want to go the whole gamut, something like what's happening... you
know, the system in Hialeah, or in some other major cities that we have...
Mayor Suarez: The major changes are that he gets to take the initiative on
the budget, on the appointment of the Manager, removal of the Manager, and is
freed up...
Mr. Penelas: And don't underestimate the veto power.
Mayor Suarez: ...from service on the... and has the veto power.
Mr. Penelas: And don't underestimate...
Commissioner De Yurre: Yeah.
Mr. Penelas: Victor... Commissioner...
Commissioner De Yurre: But then I don't see where it benefits, you know,
where that makes better government. I fail to see that.
Mr. Penelas: Commissioner De Yurre, certainly the circumstances that led to
the passage of this at the County were different. We're currently embarked on
a system that will bring single member districts. Many members of the
community, as well as the Commission, feel that that will allow parochial, or
local interests to dominate the debate of the Commission. Therefore, you want
someone elected Countywide, to maintain the Countywide perspective; someone
who could also veto irresponsible decisions of a district commissioner, who,
perhaps, is only looking out for the interests of his Commission. That's...
In theory, those are the concerns...
Commissioner De Yurre: Well, when a Commissioner wants something for his
community, if the whole will vote for it, then maybe it's not so irrational or
irresponsible. Think about it.
Mr. Penelas: The real reason, under any scenario, for an Executive Mayor, is
accountability. The one person who can take responsibility for decisions of
the County and be accountable to the people. I think if you have an elected
official, for example, who is required to present the City budget, that
individual has got to say why he or she wants more taxes, or why he or she
wants to cut services, or whatever the case may be. And if it's passed,
157 November 12, 1992
that's their budget, and they've got to go out to the community and defend it.
Also, I think if there are administrative flaws in the running of the County,
or in this case, the running of the City, that person is responsible, because
that person has the responsibility to appoint or remove the City Manager. And
that's important because people... And again, I'm going to relate to the
County experience. I don't want to suggest what is occurring here. I don't
know what the community's reaction is to this government. But at the County
there has always been a belief that there is just no responsibility. The
Commission blames the Manager. The Manager blames the Commission. And I
think it's come to a time where the people of this community want some
accountability, and one person who they could hold responsible and accountable
for the decisions of the City. I think that's really... that's really the
major advantage to the proposal. So, I would not... It's not the strong
Mayor in the traditional sense, but it's certainly one with much enhanced
power, when he or she will have to present the budget, deal with appointment
of the City Manager, and veto the actions of the Commission. That's a lot
more power than you have now.
Commissioner Plummer: Question. Alex, as I have seen in a great number of
cases, and I guess Jacksonville is the classic example, that the Mayor
there... executive or strong, call it what you may... does not sit with the
Council. As a matter of fact, he is... there is a president of Council.
Mr. Penelas: That's correct.
Commissioner Plummer: OK? How... I think one of our problems here is we're
so small.
Mr. Penelas: That's correct.
Commissioner Plummer: OK.
Mr. Penelas: That presents practical problems to implementing this.
Commissioner Plummer: That's where our... I see it here. The fact that the
others... and I respect what the Mayor says, we'll discuss that at 4:45. The
final question that I want to ask is, the reasoning behind, in the County,
that you recommended... not only recommended, but passed, that it not be
effective until 196. Why?
Mr. Penelas: OK. Two reasons. First of all, when we decided to put this on
the ballot, Judge Graham had not ruled to enjoin the elections of September
1st. Therefore, we could not pass an item October 1 that would have been
effective for the September 1 election which had just passed. In theory, we
were supposed to have elected a Mayor for a four year term on September 1.
That hasn't happened yet. So, we couldn't interfere, Commissioner Plummer,
with that four year term. That's why we decided to implement it in 1996. I
mean, it's a very practical reason, and that's why. If we had had foresight,
and we could have predicted that the judge would have scheduled the election
some time in February or March of 1993, as it appears he will now, we could
have made it effective at that date, but we just had... We just had to go to
the next available Mayoral election date which was September of 196.
158 November 12, 1992
Commissioner Plummer:
going to rule.
But you don't know now that the judge is, in fact,
Mr. Penelas: Irrespective of how he rules now, the voters of Dade County will
elect an executive Mayor in 1996. It doesn't matter what the judge decides to
do. We took.., the executive Mayor is out of the scope of the Voting Rights
Act. It's not subject to scrutiny, because that member is an executive...
member of the executive branch, not a member of the legislative branch, which
is controlled by the Voting Rights Act. So, really, irrespective of what he
does right now, there will be a Mayoral election... In fact, as many of you
know, the judge may, in fact, come back with a plan that has no Mayor.
Vice Mayor Alonso: That's right.
Mr. Penelas: And it will be just straight, single member districts, with no
Mayor. And then we will be Mayorless until 1996 when the County votes one in.
Commissioner Plummer: Good luck, Charlie.
Mayor Suarez: Do you want to introduce the members of the committee that
worked... Do you have any of those members of the committee that are with
you?
Mr. Penelas: Yeah. I know Mr. Ferro is here, and Virg1110 Perez. I think
others who are here, who have been moving this issue forward. I'm not sure if
you all are going to allow them to speak at this time.
Vice Mayor Alonso: I have the list here. Alonso Poch, Virgillo Perez, Pedro
Roy...
Mr. Penelas: Mr. Mayor, I just want to make myself available, if this
Commission...
Mayor Suarez: I saw Manny out here.
Vice Mayor Alonso: Gilda Rosenberg, Arsenio Milian, Bobbie Munford...
Mr. Penelas: ...if this Commission feels at any time that it needs any
further input from me, to let me know.
Vice Mayor Alonso: Marcos A. Ramos, Arthur Teele, Jerome Reisman, Jose Garcia
Pedrosa, Humberto Amaro, Simon Ferro, Orlando Morales, Ringo Cayard, Lazaro
A1bo, Vicente Rodriguez, Reverend Martin Anorga, Luis Sabines, Sergio Pino,
Alberto Perez, Alex Penelas, Athalie Range, Maurice Ferre... Let's see. Jill
Beach, Jose Cancels... Those are the names I have in front of me.
Mayor Suarez: Well, thank you. Thank you. We appreciate it. I have no idea
what we're going to do with that. I personally am pleased the County's at
least moving in that direction. I think you know that. And I think,
ultimately, both the County and the City need to have a full executive Mayor.
Vice Mayor Alonso: I think he mentioned a keyword that, I think, it's the
same feeling the City of Miami and, of course, we will address the issue later
on, and it's accountability. And I think it's the one concern that the
159 November 12, 1992
citizens of Miami have had for such a long time. And that's why, I believe,
it was passed in such an overwhelming way in the County, and the citizens of
Miami supported it. Thank you.
Mayor Suarez: Thank you, Commissioner, again, and the rest of the committee
members.
40, DISCUSSION CONCERNING CITY COMMISSION POLICY FOR PRESENTATION OF POCKET
ITEMS ADMINISTRATION TO MAKE RECOMMENDATION.
Mayor Suarez: We're on item 5. We've got to move through these.
Vice Mayor Alonso: Finally. ...pocket item.
Mayor Suarez: Wow. And I want to get this other street closure, too. We can
do them any time you want.
Commissioner Plummer: Mr. Mayor, do you want to address Commissioner De
Yurre's comments, because I think we need to and I think we need to address
them very badly - the comments in reference to these pocket items.
Mayor Suarez: Yes, please.
Commissioner Plummer: We've got to establish a policy.
Mayor Suarez: And you know what it's going to do is basically, it's going to
be totally impossible to do everything that we scheduled for one meeting. I
mean... You know, it's...
Commissioner Plummer: Well, that's unusual, because of Thanksgiving, and
also, next month, because of Christmas. I think that... If I can express my
opinion, I think, Mr. Manager, what we've got to do is we can't guarantee
people that a zoning item is going to be heard in 15 or 30 days. You know,
sometimes in the County, if you have a zoning issue, it's eight, nine...
Commissioner Dawkins: It's item 9.
Commissioner Plummer: ...ten months before you're heard by the Commission.
Now, I don't want to do that here, but I think we are really inconveniencing
people when we schedule items that we are not going to be able to hear. And
they have to come back, and then if they get a deferment, they have to come
back. I just think that... I think that, in fairness, in all fairness, that
all pocket items should only be heard after the regular agenda is completed.
OK? I think that would not inconvenience people who have an item on the
agenda. I just... We're really kidding ourselves around here.
Commissioner De Yurre: Do we set some kind of policy of saying, you know, the
max that any one Commissioner can bring on any given meetings is, for example,
two.
160 November 12, 1992
q
Commissioner Plummer: Heyl That's...
Commissioner De Yurre: And then we do it...
Commissioner Plummer: If that's what you want...
Commissioner De Yurre: Well, I'm saying, we've got to do something. I mean,
look at the time...
Commissioner Plummer: Victor, every one... Look, just for the record, I
guess, more than anything... Every one of those that I brought here today,
not a one of them was initiated by me, and I must have brought ten or twelve.
Vice Mayor Alonso: Easily.
Commissioner Plummer: OK? Now, all I'm saying to you is, either we've got to
continue to once again reduce the number of items on an agenda. You know,
when we look at the fact, that in zoning items, in my estimation, I think it
would be conservatively to speak, that each zoning item is roughly an hour -
the average. I don't think... Sure, there's going to be items that you'll
have fifteen or twenty minutes, but the average is an hour. We've got how
many items of zoning today? We've got eighteen?
Vice Mayor Alonso: Yeah.
Commissioner Plummer: Fifteen. We've got 15 items. If the average were to
prevail, that, in itself, is 15 hours. Now, I think we've got to come to some
realization. We're getting a lot of people mad at us at 9:00 and I don't
think it's fair to ask any one of us to sit here for more than 12 hours in a
given day. You hit a fuzzy period. And I just think that there's got to to
be a better way of doing business than what we're doing.
Commissioner De Yurre: Why don't we...
Commissioner Plummer: And I'm not trying to set the policy. I'm just saying
we've got to do something and I'm willing to try anything that might have a
chance of succeeding.
Commissioner De Yurre: I would suggest, you know... because if you say doing
it at the end of the agenda and we don't finish the agenda, these items will
F never be heard theoretically.
Commissioner Plummer: But... Theoretically, you're right. But it does not
inconvenience the people who had advance notice that their item was on an
agenda and should be technically heard.
Commissioner De Yurre: What if we say something like at 8:30 any pocket items
will be heard at that time. And if there's only one or two, then we get them
out of the way quickly, and then we can continue.
-Commissioner Plummer: All right.
Commissioner De Yurre: You know, something along those lines.
161 November 12, 1992
Commissioner Plummer: So are you saying that the policy which says that at
9:00 the last... the item being heard at 9:00 is the last item...
Commissioner De Yurre: tkn-hmm.
Commissioner Plummer: ...would now come to 8:30, and that each Commissioner
would only be allowed to bring up two pocket items?
Commissioner De Yurre: Yeah.
Commissioner Plummer: If that's what you want to try, it's fine with me.
Commissioner De Yurre: Well, I'm just suggesting something. If anybody else
has another idea...
Commissioner Plummer: But remember, the last item at 8:30 is going to run you
over 9:00, under normal circumstances. I would recommend to you the last item
at 8:00 be the last item.
Vice Mayor Alonso: May I suggest that we think about this and come back
December loth...
Commissioner Plummer: That's fine.
Vice Mayor Alonso: ...with some concrete suggestions, rather than taking any
more time today.
Mayor Suarez: I think it's going to... Yeah. I think that's a good idea and
I think it's a general consensus, and we all ought to reflect on it, that
we're not going to emergency or pocket items at any time other than somehow
towards the end of the agenda, folks, because otherwise it's unfair to the
people whose items are scheduled.
Commissioner Plummer: All right. OK. You want to come back? I tell you
what. Let's ask the Administration to give us some recommendations on the
10th.
Mayor Suarez: And the Administration...
Commissioner Plummer: But definitely schedule it.
Mayor Suarez: ...and the City Attorney, please work to eliminate items from
the agenda. Go through this agenda today. You could have eliminated a bunch
oftheseitems and particularly these pocket items, most of which seem to do
with street closures and events and stuff. Twenty-six hundred dollar items.
That's ridiculous.
Commissioner Dawkins: Are we saying at the next Commission meeting there will
be no pocket items, or two pocket items?
Mayor Suarez: I would respectfully ask the Commission to keep any emergency
items at the next Commission meeting to no earlier than 8:00 p.m., to begin
with as a good...
162 November 12, 1992
Commissioner Dawkins: How many, Mr. Mayor? Because J.L. Plummer could still
take 12 and we'd be here until 10:00 o'clock.
Commissioner Plummer: No, sir. That's what I'm trying to do.
Commissioner Dawkins: That's what I...
Commissioner Plummer: I want to be limited to two.
Commissioner Dawkins: I'm trying to help you. I'm...
Mayor Suarez: I think, if you want to set a rule of thumb on no more than
two, that might make sense.
Commissioner Dawkins: OK.
Mayor Suarez: All right. And I'll stick to none. Maybe that will help.
------------------------------------------------------------------------------
41. DISCUSSION CONCERNING PROPOSED ORDINANCE WHICH WOULD CAUSE THE TERMS OF
OFFICE OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY BOARD MEMBERS TO
COINCIDE WITH THE APPOINTING COMMISSIONER'S TERM OF OFFICE -- DISCUSSED
POSSIBILITY OF EXTENDING SAID GUIDELINES TO ALL CITY BOARDS -
DISCUSSION CONCERNING POSSIBLE IMPLEMENTATION OF GUIDELINES WHICH WOULD
HAVE THE COMMISSIONER / MEMBER OF BAYFRONT PARK TRUST AS CHAIRPERSON
WITH VOTING POWERS. (See labels 75 + 83)
------------------------------------------------------------------------------
d Mayor Suarez: All right. Item 5, first reading ordinance.
A. Quinn Jones III, Esq. (City Attorney): Mr. Mayor, you need to be aware
►( that this matter was modified. I think originally it may have been submitted
of the numbers in each group. I think originally it was a
to you in terms 9 P
five year term for group one, and then a three year term for group two. And
that's been changed to reflect a term of three years for group one members and
five years for group two members.
Commissioner Plummer: I'm not voting for that.
Vice Mayor Alonso: No, neither am I.
Commissioner Plummer: I'm not voting for five years, so you'd better modify
r' it again.
s
Commissioner Dawkins: OK. Modify it. Let's modify it.
Mr.. Bill Perry: Yeah. Well, at the last September Authority meeting - I'm
sorry. Bill Perry, Director of the Miami Sports and Exhibition Authority. -
it was determined, or decided upon unanimously by the Board to modify the
terms. Currently, they're one and two year terms. Group one is one year.
Group 'two is two years. This is a proposed ordinance to change that from
.: three to five years. I've had the opportunity to meet with most of you and I
163 November 12, 1992
i
know your position on it, but this is just something that we're carrying
through at a request from the Board.
Mayor Suarez: Oh, the Board would probably request to be on there for no less
than 50 years, but...
Commissioner Plummer: Oh, it's self perpetuating.
Commissioner De Yurre: Lifetime appointment.
Commissioner Plummer: Yeah.
Mayor Suarez: What's a logical period of time, Commissioner, so we can get on
with this item? It doesn't...
Vice Mayor Alonso: I don't think that any member of the board should be there
more than two years and the reason being that it's very inconvenient for the
person elected to the position to find that the representative...
Mayor Suarez: I agree with that.
Vice Mayor Alonso: ...that they have... and it happened to me, and I have
seen through the years previous Commissioners also have faced the same
problem. As a courtesy to the new elected Commissioner, then we add more
members to the board...
Mayor Suarez: Why can't they all be two year...
Vice Mayor Alonso: They did it in my case. They have done it in the past.
Mayor Suarez: Why can't they all be two year terms, rather than have
staggered?
Vice Mayor Alonso: I really think so.
Mr. Perry: Yeah. The original...
Vice Mayor Alonso: Two years is a reasonable amount of time in which you can,
if you're doing a good job and you're going to be reappointed...
Mayor Suarez: But have them all have the same term.
Commissioner Plummer: Are you staggered...
Mayor Suarez: Yeah. You can stagger them if you want to.
Commissioner Plummer: Stagger them two year terms.
Mayor Suarez: Right.
Vice Mayor Alonso: Yes.
Mayor Suarez: If you want to stagger them...
164 November 12, 1992
Commissioner Plummer: Oh, I agree with that. Yeah.
Mayor Suarez: ...to provide continuity, but two year terms for all
of them.
Commissioner Plummer: OK.
Mr. Perry: The original ordinance... OK.
Commissioner De Yurre: Two year terms for everyone.
Mr. Jones: Well, you need to... You need to amend the ordinance.
Commissioner De Yurre: One... Something we can look at is the
fact, you
know, what do we do with other boards? The Zoning Board, what is
it, three
year terms?
Commissioner Plummer: I don't know.
Mr. Jones: I don't know offhand.
Commissioner De Yurre: I believe that Zoning and Planning are
three year
terms, and some of the things are like...
Vice Mayor Alonso: And it does create all kinds of problems?
Commissioner De Yurre: I think there's no set rule as to what is what.
Commissioner Plummer: Victor, I'll just speak for J.L. I like the two year
alternates back and forth.
Commissioner De Yurre: Can I suggest something?
Commissioner Plummer: Sure.
Commissioner De Yurre: According to what Commissioner Alonso just alluded to,
Which I was going to mention myself, can we create legislation wherein these
terms continue... the individual appointed by that particular Commissioner
continues, and in the supposed case that that official leaves office,
automatically that term ends and it's up to the next person whether to replace
him, or if he wants to keep that person. And I think that that would take
care of that problem.
Commissioner Plummer: If you have the terms start and end in November, that
would be no problem. And they're two year terms. Hey, I agree with you.
Commissioner De Yurre: Unless you're replaced in the interim, which may be an
exception.
Commissioner Plummer: Two year terms is not...
Vice Mayor Alonso: Two years terms seem reasonable.
Commissioner Plummer: No, what I'm saying is... What he...
165 November 12, 1992
Commissioner De Yurre: No, but I'm talking like for the Zoning Board, that's
three.
Commissioner Plummer: Let's cut it back to two.
Commissioner De Yurre: And for the others... That's what I'm saying. Either
we put everything two and then the new Commissioner, or the new Mayor, or
whatever, has that latitude of getting people that he would like to see serve,
and not have to ride out another year or two, or whatever, with the members,
which are generally members of the person that was defeated by that
individual, which kind of creates a little problem here.
Mayor Suarez: Victor... Commissioner...
Vice Mayor Alonso: I think that was a problem. When I was elected, I think
you brought this item, Mr. Mayor, and I don't have a specific recollection,
but there were some problems that the Legal Department explained to you. Do
you recall?
Mayor Suarez: Well, let me take the practical approach on answering his
concern. If you make it two years, absolute...
Commissioner De Yurre: For everything.
Mayor Suarez: Right. If the... and you are a City Commissioner... you
continue to be a City Commissioner, you can reappoint that person. I mean,
there's no problem there.
Commissioner De Yurre: Yeah, but if you're not...
Mayor Suarez: If you're not and you want to have... If this Commission wants
to pass an ordinance that says the moment that your appointee... that you're
not reelected, your appointee ceases to function and has to be replaced,
that's fine with me.
Commissioner De Yurre: That's what I'm saying.
Mayor Suarez: But I wouldn't extend it beyond two years.
Commissioner De Yurre: Or... Yeah. You retire from office, or whatever.
Vice Mayor Alonso: Two years, I think is it.
Mr. Perry: Commissioner Alonso, I think that what you're alluding to is when
you came on the Commission...
Commissioner De Yurre: What do you think? That it makes sense?
Mayor Suarez: That's right. Sure.
Mr. Perry: ...at that particular time, I forget what year it was, the
Commission allowed you another appointment, I think. Because you currently
have three.
166 November 12, 1992
Vice Mayor Alonso: And that's why I don't think it's reasonable to have terms
longer than two years, because we create an excessive amount of members in
some boards to grant the courtesy to the newly elected official.
Mr. Perry: Right.
Vice Mayor Alonso: And it has been done here before. In my case, I was
fortunate enough, as to the members that I inherited, I reappointed them and I
had no problems. But it might be the case that the elected official feels
that it's not the appropriate individual to work with. As I say, I've been
very lucky, because I have reappointed the persons that were assigned before I
came into office, but it doesn't happen all the time.
Mr. Perry: Right.
Vice Mayor Alonso: So, I find that it's better to limit the terms to two
years.
Mr. Perry: OK. Two years for all the...
Vice Mayor Alonso: I think it's reasonable enough.
Mr. Perry: ...for all the appointees.
Vice Mayor Alonso: Five? Longer than the elected official? I don't think
so.
Commissioner De Yurre: I'll make a motion that it be two year terms.
Mayor Suarez: So moved.
Mr. Jones: You need an ordinance amendment for this.
Commissioner De Yurre: OK.
Mayor Suarez: Can we do it by inter -delineation or do we need to send it back
to you?
Mr. Jones: It's going to have to go back.
Mayor Suarez: All right. So moved.
Vice Mayor Alonso: Do we...
Commissioner Dawkins: Why can't you change...
Vice Mayor Alonso: I will move, but I would like to hear from Commissioner
Dawkins. He's the chairman of the Authority. Does he have any objections on
this case?
Commissioner Dawkins: No. None whatsoever. The only objection I would have
is that I would hope the City Attorney could read that same ordinance and just
change whatever we got 1n there that needs to be changed... and the numbers
stricken...
167 November 12, 1992
Mr. Jones: I have to bring it back, Commissioner.
Commissioner Dawkins: Imm?
Mr. Jones: I need... I have to bring it back. I have to have someone work
on it now. I can probably bring it back.
Mayor Suarez: OK. See if you can get it back to us by the end of the
afternoon.
Commissioner Dawkins: OK.
Mayor Suarez: Thank you, Bill.
Commissioner Dawkins: Thank you.
Vice Mayor Alonso: Yeah. So we table the item?
Mayor Suarez: Table the item.
Commissioner De Yurre: So... OK. What about the other concept?
Mayor Suarez: I have no problem with it.
Commissioner Dawkins: For the two year...
Mayor Suarez: No, that if...
Commissioner De Yurre: No, no. Well, two years for every board.
Commissioner Dawkins: Every board?
Commissioner De Yurre: Yeah. If we want to set some...
Mr. Jones: You could just...
Commissioner De Yurre: ...uniformity to this.
Mr. Jones: Excuse me.
Mayor Suarez: I have no problem. I would just like to try to get through
today's agenda. I mean, I think if you want to...
Commissioner De Yurre: Well, then why don't we put it on the agenda for the
next meeting for discussion?
Mayor Suarez: Fine, fine.
Commissioner Plummer: What's that?
Mayor Suarez: That other boards also be limited to two years.
168 November 12, 1992
Vice Mayor Alonso: The City Attorney, t believe he has something. Mr.
Mayor..,
Commissioner De Yurre: To two years and the concept of...
Mr. Jones: OK.
Vice Mayor Alonso: I think the City Attorney has something...
Mr. Jones: Quickly, Mr. Mayor, on...
Commissioner Plummer: That's fine.
Commissioner De Yurre: ...two years and the concept of... 1f an officer
leaves office that at that moment those positions cease and the new person
can...
Mayor Suarez: The terms lapse the moment that the Commissioner who appointed
them is no longer in office. That's...
Commissioner Plummer: Well, I... You see, I think you're really talking
about an effort in futility there, Mr. Mayor, because if they're two year
terms and they coincide with the candidates election, that two year term when
he's out, so would that be up for reappointments. So...
Mayor Suarez: Ideally, yeah. And, actually, two years is short enough that
it's not going to be as much of a problem. So, let's...
Commissioner De Yurre: No, that's fine if we go that route.
Mayor Suarez: All right. OK.
Commissioner De Yurre: Then we'll bring it up at the next meeting.
Commissioner Plummer: Hey, I don't...
Mayor Suarez: Yeah. And that complicates the ordinance, I know.
Commissioner Plummer: I don't care.
Mayor Suarez: I know the City Attorney is suffering...
Commissioner Plummer: Let me ask a question.
Mayor Suarez: ...under the idea of having to redraft an ordinance that allows
for the lapsing.
Commissioner Plummer: He's well paid to suffer a little bit. Let me ask
another question. When... Do we have an official date, Mr. City Attorney, or
Mr. Manager, of when the chairmen of these different boards rotate?
Commissioner De Yurre: I thought it was June first.
Mr. Jones: It's the... It's basically...
169 November 12, 1992
Commissioner Dawkins: June first.
Commissioner Plummer: No. I don't think it's June first.
Commissioner Dawkins: Yeah. It's June first.
Mr. Perry: For the Authority, I think, it's June first.
Commissioner Plummer: Huh?
Mr. Perry: For the Sports Authority it's June first.
Vice Mayor Alonso: Yes, I think for all of the...
Commissioner Plummer: June first. Is that for all of them?
Mr. Jones: No. Each board makes a determination. There's nothing cast in
stone that...
Commissioner De Yurre: Except... No.
Commissioner Plummer: Well, I would like to cast it in...
Commissioner De Yurre: Except for the Bayfront Trust Board, which is a five
year term.
Mayor Suarez: That's forever.
Vice Mayor Alonso: For life.
Commissioner Plummer: No, no. It's not a five year term. No, excuse me. I
want to make... And that's why I ask that you go to you know where.
Vice Mayor Alonso: That's for life.
Commissioner Plummer: Excuse me. The point I'm trying to make is, I have
told you, I am no longer going to sit on a board where I'm not a voting member
and not chairman. Now, I don't want to cause problems and I don't want them
to think that it's an ego trip, so if it's June the first, where the
chairmanships rotate, then I would like to have on the agenda for this
Commission's consideration at the next... next December of January, Mr.
Manager...
Mayor Suarez: They went crazy when we talked about doing it.
Commissioner Plummer: ...that the Commissioner is the chairman and a voting
member of that Authority...
Commissioner De Yurre: J.L., I have no problem making a motion right now that
the chairman...
Commissioner Plummer: No...
170 November 12, 1992
I
Commissioner De Yurre: ...the Commissioner...
Commissioner Plummer: Effective June the first, when this chairman goes out,
so that it would be known that that would be the case when the new chairman
takes over... would be the Commissioner, if that is to be the case of three
votes on this Commission.
Commissioner De Yurre: I would so move.
Mayor Suarez: OK. So moved.
Commissioner Plummer: OK.
Commissioner De Yurre: Voting power and becomes chairman...
Mayor Suarez: Ex officio chairman.
Commissioner Plummer: Chairman and voting power, effective June the first of
next year.
Mayor Suarez: All right. So moved.
Commissioner Plummer: OK.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Call the roll.
Vice Mayor Alonso: I have some comments. Could we have it on the next
Commission agenda, for one simple reason? I recall, and you know better than
me on this issue, that the members of the board had some disagreements.
Commissioner Plummer: Wanted some say... Yeah.
Vice Mayor Alonso Don't you think it's fair for them to have an opportunity
to come and address this Commission?
Commissioner Plummer: That's fine.
Commissioner De Yurre: Well, they've already voiced their opinion. They say
no. So, either we go against them or we...
Commissioner Plummer: I have...
Vice Mayor Alonso: I'd like to hear the voice...
Commissioner Plummer: Surely, I have no problem making it effective next June
first would be...
Vice Mayor Alonso: Could you tell us... No. Could you tell us why is it...
Commissioner Plummer: They're trying to keep the politics out of it,
according to them. That's their response.
171 November 12, 1992
Commissioner De Yurre: Whenever they need money, they've got to come to us.
So, you know...
Commissioner Plummer: Victor, I'm not arguing. I just think that it's crazy
to have a City Commissioner sitting there who does not vote, who has no
control. What the hell is he there for?
Vice Mayor Alonso: Wasting time.
Mayor Suarez: Oh, but you've done such a great job.
Commissioner Plummer: Watch your language.
Mayor Suarez: Worked so good.
Vice Mayor Alonso: For life.
Mayor Suarez: All right.
Commissioner Plummer: OK. Now, may I also ask that the City Attorney, when
he comes back at the next meeting, have the chairmanships all effective on a
given date, whether it's June the first, or whatever it is...
Mr. Jones: Well, let me...
Commissioner Plummer: ...on all of the boards that the chairmanships of this
so-called rotation among Commissioners, that we do it all on June 1. If
you're going to rotate Victor from the ODA (Downtown Development Authority) to
the Bayfront Park, you can't do that and leave a void in DDA. So, I think
they've got to be all rotated on June the first.
Mr. Jones: Well, Commissioner, I don't...
Vice Mayor Alonso: I don't know how you people call rotation system when one
member of this Commission is in zero boards. I don't know...
Commissioner Plummer: I've got two, if you'd like them.
Vice Mayor Alonso: ...what kind of rotation system...
Commissioner Plummer: I've got two for you.
Vice Mayor Alonso: ...has been established at this level. I don't understand
it too well so...
Commissioner Plummer: Mr. Mayor, I'll make a motion at this point that the
City Attorney, when he comes back with a two year term, effective two year
terms on the date of November every two years, that he also establish a
date... Is June the first agreeable? ...that all chairmanships rotate...
that are going to be rotated on June the first?
Mayor Suarez: Yes, absolutely.
Vice Mayor Alonso: I think so.
172 November 12, 1992
0
Commissioner Plummer: All right.
instruct him to bring 1t back?
Mayor Suarez: Just have him bring it.
Do you need a motion on that or just
Mr. Jones: There may be a problem with that. I see no problem with it
insofar as the Commission members... the Commissioners who serve on various
boards, whatever else, but you have to realize, if you're speaking Citywide,
there are many boards whose bylaws specify what the term of...
Mayor Suarez: No, we're basically talking about the one that Commissioner...
the ones that the Commissioners serve as chairman.
Mr. Jones: Only the ones that the Commissioners...
Mayor Suarez: That's it.
Commissioner Plummer: Yeah. Commissioners that are chairmen where they
rotate.
Mayor Suarez: There's only three. So... And maybe there will be a fourth
membership that I think will be interesting to the other member of the
Commission, not the Mayor, who is not serving on one, if we get things worked
out with the County.
Commissioner Plummer: I just can't wait to get to... I want to be chairman
of DDA. I'm just biting at the bit to get that one.
Mayor Suarez: All right. That would be interesting. Thank you. Bill, do we
need a motion?
Commissioner Plummer: I just can't wait for...
Mayor Suarez: Are you in a position of having anything before us? Or should
we just go onto the next item and later we'll get back to this ordinance?
Mr. Jones: Just one clarification. You mean, on the Sports...
Mayor Suarez: Oh, please.
Mr. Jones: From what... The action you've taken, I just want to... There's
no further need, then, for two groups.
Mayor Suarez: That's right.
Vice Mayor Alonso: That's right.
Commissioner Plummer: They'll all be two years.
Mayor Suarez: Two years. All right.
Vice Mayor Alonso: Two years.
173 November 12, 1992
11
Mr. Jones: Yeah. So we can do it. We can do it. We'll go ahead and start
on it.
Commissioner Plummer: But I think the key...
Commissioner De Yurre: Well, that we have to make an adjustment as to...
because some may end... the three year terms in some of these boards may end
in a year. Maybe, in order to bring it up to uniformity, they can only be
there for one more year. Or, you know, if you're going to bring everything
current on every...
Commissioner Plummer: But I think...
Mayor Suarez: Yeah. Consider that and bring it back to us later on this =
afternoon...
Commissioner De Yurre: Yeah.
Mayor Suarez: ...and see if it matters.
Commissioner De Yurre: That's right.
Commissioner Plummer: Yeah. But I think that it's very important that it's
got to be... it concurs with the election of the Commissioners.
Commissioner De Yurre: That's right. So you've got to...
Mayor Suarez: To the extent possible, yeah.
Commissioner De Yurre: ...even 1t out. Mr. Mayor, if I may, I just noticed
something and I just have to point it out. Mr. Perry is here today and I
believe that after what happened at the last meeting with the Melreese issue,
he brought some reinforcement and brought his better half, standing right over
there, to get that moral support to get this accomplished here.
Mr. Perry: It may go against me.
Commissioner Plummer: Yeah.
Vice Mayor Alonso: No.
Commissioner Plummer: He might be looking for a job. OK.
174 November 12, 1992
42. DISCUSS AND TABLE CONSIDERATION OF PROPOSED RESOLUTION REAPPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION
AUTHORITY FOR DESIGNATED TERMS OF OFFICE. (See label 83)
Commissioner Plummer: Are we on item 6?
Mayor Suarez: Yes.
Commissioner Dawkins: No.
Mr. Bill Perry: Yeah. Item 6 has to deal with the appointments.
Commissioner Plummer: Item 6 is the appointments.
Mr. Perry: Several of them have expired. Mayor Suarez has three appointments
that have expired, Neil Harrington, Mike Zogby, and Ken Albano.
Commissioner Dawkins: Mr. Mayor, we can't appoint these individuals until you
come back with the resolution for the two-year...
A. Quinn Jones III, Esq. (City Altorney): No. Because some of them...
You've got to wait and amend this thing, and see how it's going to come out,
because you had various people starting at various times and if they're all
going for two terms...
Commissioner Dawkins: But all of them are going to come for two years.
Mr. Jones: ...we've got to see where this comes out. So, I think that the...
Commissioner Dawkins: The both of them...
Mr. Jones: ...best way to deal with it is to come back with the amendment,
and then see how this is going to factor out.
Commissioner Dawkins: Do them both... Do the amendment and then do this, Mr.
Mayor.
Mayor Suarez: OK.
Commissioner Plummer: With the full understanding that all presently sitting
are there until their successors have been named.
Vice Mayor Alonso: That's right.
Commissioner Dawkins: Yes.
Commissioner Plummer: Or reappointed.
Commissioner Dawkins: But, you're coming back with this this afternoon,
aren't we? Yes. OK.
175 November 12, 1992
2
�j
Mayor Suarez: All right.
Vice Mayor Alonso: Why can't we handle that this time?
Mayor Suarez: Apparently he doesn't have the legislation ready, because
there's a concern as to...
Vice Mayor Alonso: No, no. But the legislation... But the appointments.
Mayor Suarez: They just asked that. He's suggesting that, if we're going to
make this change, we ought to make it first and then...
Vice Mayor Alonso: Yeah. But then we vote and we don't have to go back into
this.
Mr. Jones: Yeah.
Mayor Suarez: OK. Can we do it?
Mr. Jones: Because the way it's set up now, you are setting... it would be
setting it up by terms...
Mayor Suarez: All right.
Mr. Jones: ...I mean, by groups, which you've eliminated. So, that's what
I'm saying.
Mayor Suarez: Whatever you recommend...
Mr. Jones: OK.
Mayor Suarez: ...that the existing appointees continue to serve, then. _
Commissioner Plummer: Where are we?
------------------------------------------------------------------------------
43. BRIEFLY DISCUSS AND WITHDRAW PROPOSED RESOLUTION ACCEPTING PROPOSAL OF
MORRIS AND MCDANIEL, INC. TO DEVELOP AND IMPLEMENT CUSTOMIZED ASSESSMENT
CENTER PROCESS FOR CLASSIFICATION OF POLICE CAPTAIN.
------------------------------------------------------------------------------
Mayor Suarez: OK. Item 8. Accepting the proposal of Morris and McDaniel,
etc.
Mr. Cesar Odio (City Manager): I'd like...
Commissioner Plummer: I move to defer...
Mr. Odio: ...defer...
Mayor Suarez: Moved to defer.
176 November 12, 1992
,
Commissioner Plummer: ...with the approval... with the concurrence of the
Manager.
Mayor Suarez: OK.
Commissioner Dawkins: OK. It's...
Commissioner Plummer: Do you want to defer it, or do you want to withdraw it?
Commissioner Dawkins: No, defer it.
Mr. Odio: Withdraw it.
Commissioner Plummer: You're going to withdraw it.
Vice Mayor Alonso: What, eight?
Commissioner Plummer: So, it's withdrawn.
Mr. Odio: Fine. I'll withdraw it.
Commissioner Dawkins: Wait. Withdraw to do what?
Commissioner Plummer: Withdraw. He can do whatever...
Commissioner Dawkins: Period, exclamation mark, it will not come back?
Commissioner Plummer: No. You can still bring it back.
Commissioner Dawkins: I don't know. I need to know.
Mr. Odio: Well, I need to talk to the Chief and Angela Bellamy, before it
comes back.
Commissioner Plummer: We'll fight it if it comes back.
Commissioner Dawkins: OK. No problem.
Commissioner Plummer: All right.
Commissioner Dawkins: Thank you, Mr. Mayor.
Mayor Suarez: All right.
177 November 12, 1992
� �------------ ------------------------------------------------�V-----i
44. VICE MAYOR ALONSO COMMENTS CONCERNING CAR ALLOWANCE AND CITY -OWNED CARS
FOR CITY COMMISSIONERS.
-------------------------------------------------------------------------- -
Vice Mayor Alonso: May I... Mr. Mayor, may I ask a question from the City
Manager? Mr. Manager, I read in the paper that the members of this Commission
that do not drive a City car, they receive $650 a month. Is that right?
Commissioner Plummer: Yeah. No.
Commissioner Dawkins: No.
Mr. Cesar Odio (City Manager): There's only one member of this Commission.
Commissioner Plummer: That's me.
Vice Mayor Alonso: But I don't think he receives $650, does he? I read in
the paper...
Mr. Odio: Yes.
Vice Mayor Alonso: ...that the Mayor is driving a City car...
Mr. Odio: Yes.
Vice Mayor Alonso: ...and that the rest of us are not, which is wrong
information. But anyway...
Mr. Odio: You are driving a City car.
Vice Mayor Alonso: Exactly. But since there is a member...
Commissioner Plummer: I don't know what mine is.
Vice Mayor Alonso: ...is it $650 or $450?
Mr. Odio: Six fifty.
Commissioner Plummer: I think it's $650.
Vice Mayor Alonso: Six fifty?
Commissioner Plummer: Yeah. I think it is.
Vice Mayor Alonso: OK.
Commissioner Plummer: Yeah.
Vice Mayor Alonso: Thank you.
Mayor Suarez: All right, sir.
178 November 12, 1992
45. APPROVE DOWNTOWN DEVELOPMENT AUTHORITY EXECUTIVE DIRECTOR'S DECISION TO
REJECT PROTEST OF VILA AND SON'S LANDSCAPING CORPORATION FOR
IMPROVEMENTS ON S.W. 8 STREET WITHIN DRICKELL AREA.
Mayor Suarez: Item 9.
Commissioner Dawkins: Car allowance.
Mayor Suarez: Car allowance...
Commissioner Plummer: Car allowance.
Mayor Suarez: ...for those who don't drive a City car.
Commissioner Dawkins: We're going on nine?
Vice Mayor Alonso: Yes.
Mr. Pablo E. Lanse, Esq.: Members of the Commission, good afternoon. Pablo
Lanse, attorney on behalf of Vila and Son's Landscaping Corporation. My
address is 2400 S. Dixie Highway, Suite 105.
Commissioner Plummer: I don't know.
Mayor Suarez: What do we have to do, Matt?
Mr. Matthew Schwartz: OK. We're asking you to uphold the decision of the
executive director of the DDA (Downtown Development Authority) to reject the
protest of Vila and Son's for the bid...
Mayor Suarez: The gentleman's company?
Mr. Schwartz: Right. He represents... Just to give you a 30 second backup,
this project is funded by the DDA and with a matching grant from FOOT (Florida
Department of Transportation). It's a $70,000 project now. In June, we
selected Vila and Associates, the City Commission, because it was the lowest
bid. There was a protest from Recio concerning this, stating that Vila did
not have the general contractor's license that was required. We have asked
Vila to produce that in June. They were unable to do this. As per the
resolution of the Commission, we went to the second bidder Recio. The Law
Department has reviewed the protest and supports the decision to go with Recio
on the contract. They clearly defined in the RFP (Request for Proposal) that
we require to have a general contractor's license to bid, at that time. It's
our... Well, Joel can explain this, but it's our belief that they did not
have general contractor's license, as required.
Commissioner Plummer: Why was...
Vice Mayor Alonso: So, there's very little choice, if they didn't have the
license. There's very tittle we can do on that...
179 November 12, 1992
Mr. Joel Maxwell (Assistant City Attorney): That's correct, madam.
Commissioner Plummer: Question. Why did you have to have a general
contractor?
Mr. Schwartz: The project involved landscaping and also concrete work that
requires a general contractor's license.
Commissioner Plummer: In other words, the County requires that.
Mr. Maxwell: They... Our RFP required that.
Commissioner Plummer: No. That's not what I'm saying. You see...
Mr. Maxwell: They require...
Commissioner Plummer: ...we're back at the same thing that I said this
morning about bidding procedures. Remember, we heard this same story in the
Orange Bowl about asbestos removal. Now, I'm asking the question, why did you
require a general contractor, which we all recognize when you bring in a
general contractor, it's going to cost more money? And I'm asking the
question, why did you make it mandatory for a general contractor?
Mr. Maxwell: A general contractor is...
Commissioner Plummer: I'm not asking you, unless you're going to tell me
legally it had to be. Don't tell me it was in the RFP, because we wrote the
RFP. Now, I want to know from the Downtown Authority, why did you make that
mandatory?
Mr. Schwartz: Because of the concrete work, and we followed the general
procedures followed by the City of Miami on these types of contracts... This
is...
Commissioner Plummer: Are you telling me that the City of Miami requires a
general contractor if a little bit of concrete work is done?
Mr. Schwartz: It's more than a little. The original proposal called for a
significant amount of concrete work, cutting....
Mayor Suarez: Yeah.
Vice Mayor Alonso: Well, we require that you have to have a general
contractor, unless...
Mayor Suarez: I think...
Vice Mayor Alonso: ...it's the owner doing the work. But any other activity,
you have to have a general contractor.
Mayor Suarez: I think a drop of concrete...
Commissioner Plummer: A general contractor?
180 November 12, 1992
Mayor Suarez: ...would require a GC (general contractor) unless it's the
owner doing the property.
Vice Mayor Alonso: Yes. i believe so.
Mr. Maxwell: if I may, Mr. Mayor...
Vice Mayor Alonso: But the Legal Department should...
Commissioner Plummer: if it's required...
Mr. Maxwell: Yes. The RFP said the following and I believe that the DDA was
correct in citing this provision. It says, "All building shall comply with
the requirements necessary of the Florida Construction Industry Licensing
Board which fixes registration and certification procedures for the State of
Florida." And the type of concrete work that we were requiring... under the
provisions of the State Licensing Board, would require a general contractor's
license.
Commissioner Plummer: Mandatory?
Mr. Maxwell: Yes.
Commissioner Plummer: OK. It's mandatory, that answers. Now, tell me what
is the difference between the bid that was thrown out and the bid that you're
now recommending. What's the difference in cost?
Mr. Schwartz: OK. The original bid for the full project, which includes
components that we will not be doing, was $105,000 for Vila Associates and for
Recio was $124,000. So, there was a significant difference.
Commissioner Plummer: Yep. Twenty... Nineteen thousand dollars difference.
So, what you're saying is, for the benefit of using a general contractor,
you're going to pay a premium of $19,000.
Mr. Schwartz: Commissioner...
Commissioner Plummer: Is that a correct statement?
Mr. Schwartz: If we were doing the full project, yes.
Commissioner Plummer: OK. So, now you're not doing the full project. What's
the difference, as I asked you before... What is the difference in the amount
of dollars? What did the rejected bid... what did they offer to do for what
you're doing?
Mr. Schwartz: We haven't established the scope of work for the final
contract, because...
Commissioner Plummer: Well, then how the hell do you know what you're doing,
if you haven't established the scope of work?
181 November 12, 1992
Mr. Schwartz: Because we were able to negotiate with the State of Florida.
The original agreement with the State of Florida, as the grant was originally
given, called for a 50 percent match on one and one of the... There were two
rants given to us and one was for ten... one was $25,000 and one was for
10,000 that required a thirty-five...
Commissioner Plummer: So, then I've got to go on the premise that the
difference between the two is $19,000. I'm assuming, if the scope is reduced,
percentage -wise they would be reduced... the cost. I've just got to assume
that, since you can't tell me anything to the contrary.
Mr. Maxwell: And I believe that's correct, Mr. Plummer. The original bid...
The bid that won was for... The bid...
Commissioner Plummer: See, I don't have the bids. Normally, in backup
material, we get a copy of the bids, but I guess DDA doesn't want us to have
them.
Mr. Schwartz: That was provided in June, Commissioner.
Mr. Maxwell: In the original... When you originally approved the contract...
Let me explain something to you, please. Vila's bid, the low bid, was for a
$105,400. Recio, as second lowest bidder, was $124,720, for a difference, as
you correctly pointed out, of $19,000. The original RFP called for
construction... concrete work, I'm sorry... There was some discussion about
amending the requirements so that the concrete work would not be required and
Mr. Vila has indicated, in his response to our requirements that he provide a
GC license, that his landscaping license would be sufficient for the project
as is potentially contemplated, and that would be correct. However, the City
cannot amend its RFP at this stage, to delete the requirements for a general
contractor's license. To do that...
Mr. Lanse: May I say something at this time, please?
Mayor Suarez: Yes, we're going to hear from you. That's it, Joel?
Commissioner Plummer: Well, from what I'm hearing is...
Mr. Maxwell: No. May I finish... May I finish my...
Mr. Lanse: Go ahead, I'm sorry.
Commissioner Plummer: ...is that Vila was not even a qualified bidder.
Mayor Suarez: That's what...
Commissioner Plummer: Why is it even being considered?
Mayor Suarez: That's what he's...
Mr. Maxwell: When you approved, initially... When we approved... When we
submitted... Well, when DDA recommended Vila, your resolution specifically
said, "Should said lowest bidder [which was Vila], for any reason, whatsoever,
fail to provide the undergirding invitation to bid's required licenses,
182 November 12, 1992
insurance, or other required documentation, the next lowest qualified bidder
shall be selected to undertake the aforementioned improvements."
Mayor Suarez: All right.
Mr. Maxwell: Vila was recommended, however, with the caveat that they had to
provide the licenses, which they could not do.
Mayor Suarez: All right. That sets us at issue here.
Mr. Lanse! Thank you. First of all, the instructions to bidders... nowhere
in the instructions, and I have a copy for anyone's review, if needed, does it
say that you specifically need a general contractor's license. What it says
is you need an occupational license, such as a certificate of competency, and
the appropriate license from the Florida Construction Industry Licensing
Board, whatever that may be. However, in this case, we have the work, or the
scope of the work done, as understood, is landscaping on S.W. 8th Street, in
the Brickell area... the Brickell Avenue area. Florida Statute 49.1031,
which I have a copy of, and there is Supreme Court Case Law which
substantiates it. The statute on its face clearly says that this section, and
this is the section that makes requirements about general contractor's
licenses and certificates of competency, says this part does not apply to
contractors in work on bridges, roads, streets, highways, railroads, and
services incidental thereto. Obviously, we're of the position that the
landscaping work, first of all, does not require a contractor, because it has
nothing as far as construction work, or improvement upon. Second of all, it
falls within the exception. At the time that my client was notified that his
bid had been rejected, was, obviously, after the award, and, obviously, before
the bid protest had been made by the next lowest bidder. It's clear in the
past, and I have documentation by way of previous contracts where my client
has contracted with the DDA in the past, and this has never been raised as a
problem in the past. So, he has done the work in the satisfactory conditions
on prior occasions, and even after receiving correspondence from the DDA...
you've got to understand, you've got have a certificate of competency from the
appropriate examining board. There is no appropriate examining board for
landscape contracting. My client found that to be the case. Also, even if
489 - the section that we've been talking about... even if it applied - OK? -
there are certain provisions... as I say, the work that was contemplated does
not fall under the definition of contracting. Also, there's a case out, very
clear, it's a Supreme Court case, it's called Enviroengenic Systems, and I
realize this is not a judicial process, but I want to bring it up to the
Commission's attention... versus City of Cape Coral, where it dealt with a
water treatment issue. A contractor sought to build a water treatment plant.
They were found to be under the exemption under 489 and, therefore, they did
not need a contractor's license. They had previously been rejected the bid,
because of not having one at the time of the bid. The Court... The Supreme
Court of Florida said no, if you do work which is considered to be exempt...
therefore, you don't need the license requirements. I think if you look at
the instructions to the bidders, there is no general contracting requirement
there for my client. Nor is the type of work done being done on a street, or
incidental thereto, with purely landscaping, and some sidewalk provisions
taken into account. Nor is that an area where it specifically requires a
general contractor. Also, in that same case...
183 November 12, 1992
Mayor Suarez: What did you understand the scope of the work that was related
to concrete work, what magnitude did that have in your understanding and your
client's understanding?
Mr. Lanse: My understanding and the client's understanding... The
client's... I have the client here, if you would like him to better clarify
i t .. .
Mayor Suarez: Well, he...
Mr. Lanse: ...but my understanding was it was to... and I have the...
Mayor Suarez: What percentage of the total or what description?
Mr. Lanse: The percentage is roughly 20 to 25 percent of the total project.
Mayor Suarez: Concrete work?
Mr. Lanse: Concrete work, which...
Mayor Suarez: And what kind of concrete work?
Mr. Lanse: Sidewalk. Sidewalk repair, concrete replacement, concrete pavers,
clearing and grubbing, is what I have here on the actual bid that was
submitted.
Vice Mayor Alonso: I think this is very simple and we should be able to solve
this...
Mr. Maxwell: Yes.
Vice Mayor Alonso: Do we request...
contractor to do this kind of work?
conversation.
Mr. Maxwell: Our...
I'm sorry. Do we require a licensed
If the answer is yes, then end of
Vice Mayor Alonso: It's something that the City of Miami has required in the
past, and it's a requirement of the City of Miami. If we do not have this
requirement, then the gentleman is right, and we are in violation, and he
should be granted the bid. That's what has to be established, number one.
Mayor Suarez: I just wanted to make sure that there was substantial concrete
work, that it wasn't just like a few pavers or something.
Mr. Lanse: Well, if I may... If I may make...
Mayor Suarez: But apparently, it sounds like there was.
Mr. Maxwell: You're correct, Mr. Mayor.
Mr. Schwartz: It's about 40 percent of the... It's about 40 percent of the
bid.
184
November 12, 1992
Mayor Suarez: And it's not just pavers. It's actual pouring concrete, et
cetera?
Mr. Maxwell: Yes. Demolition of the sidewalk...
Mayor Suarez: Reinforced concrete?
Mr. Maxwell: Concrete curbing, demolition of the existing sidewalk and
curbing, and the installation of a new one.
Vice Mayor A1anso: Plus one part of it was...
Mr. Maxwell: Our figures indicate that that's about 40 percent...
Mayor Suarez: All right. Forty or 20 percent...
Mr. Maxwell: ...and as counsel pointed out, that wouldn't be...
Mayor Suarez: ...is not going to change my view.
Mr. Lanse: But that point is moot.
Mr. Maxwell: But that wouldn't be incidental.
Mr. Lanse: That point is moot.
Mayor Suarez: Wait, wait. I just want to inquire one other thing.
Commissioner Plummer: Does it spell out... general contractor?
Mayor Suarez: Did you have in mind using a contractor...
Mr. Lanse: Yes.
Mayor Suarez: ...for that kind of work?
Mr. Lanse: We had in mind subcontracting out. And by the way, my client does
have a general contractor's license at this stage.
Mayor Suarez: At this stage.
Mr. Lanse: So, really, that point is moot also.
Mayor Suarez: But, of course, that's late.
Mr Lanse: But we would have... We would have and we will subcontract...
Mayor Suarez: All right. This then becomes very similar to the asbestos
removal that Commissioner Plummer...
Vice Mayor Alonso: No. But that was different in the sense that we did not
require a licensed contractor, general contractor, in that... for that work.
185 November 12, 1992
Mayor Suarez: Yeah. And that the State law did not specifically require it.
Yeah. That's...
Mr. Lanse: Right.
Vice Mayor Alonso:
Even though
some of us felt that, perhaps, it was the
A
most...
Mr. Lanse: Right.
Mayor Suarez: Right.
Vice Mayor Alonso:
...reasonable
approach...
Mayor Suarez: It was a reasonable
assumption.
Vice Mayor Alonso:
...but it was
not included in the bid.
Mayor Suarez: All
right.
Vice Mayor Alonso:
Therefore, we
could not request that they have a license.
-
In this case, it's
just the opposite.
We did require a licensed contractor.
Mr. Lanse: But the State law doesn't require one.
Mayor Suarez: We're going to hear that from our City Attorney in a second.
Vice Mayor Alonso: Well...
Mayor Suarez: You've made that argument on 489.1031...
Mr. Lanse: Right.
Mayor Suarez: Anything further?
Mr. Lanse: And as Commissioner Plummer says, the difference between,
obviously, the State law, which would override the municipality, is roughly
$19,000.
Commissioner Plummer: Yeah. But you see that point is well taken in trying
to save money, but if it specifically calls for, in the RFP - That's what I
just asked. - a general contractor, and you don't provide the license of a
general contractor, you're not a qualified bidder, in my estimation. Now...
You know, there's another thing... another point here. I remember so well
the landscaping work that was done on Flagler Street was an absolute disaster,
and I want to know what's going to happen here. Ladies were falling down over
the bricks coming out of the sidewalk. The black olive trees were taken down
because burglars were going up in the trees to do roof jobs on top of
buildings downtown. Are we getting into another one of those scenarios here?
Mr. Lanse: No.
Commissioner Plummer: I don't know.
186 November 12, 1992
Mr. Lanse: Not from the standpoint that my client had nothing to do with that
type of work.
Commissioner Plummer: Sir, I didn't say your client.
Mr. Lanse: I understood.
Commissioner Plummer: I said the previous thing on Flagler Street.
Mr. Lanse: Understood.
Commissioner Plummer: I don't know who the landscaper was.
Mr. Lanse: But this is what I don't understand. At the end, I believe, Mr.
Schwartz sends my client, after he rejects the bid, and says to him, "Hey, we
hope you submit a bid in the future or if we have any other work on S.W. 8th
Street." It doesn't make sense, 1f at the same time he's going to say, "Well,
you can submit as many bids as you want, but we're going to keep on turning
them down, because you don't have a general contractor's license."
Vice Mayor Alonso: Well, no, no. You're wrong. You see, the difference is,
if a bid calls for a general contractor, you must be a licensed contractor.
If the bid does not call, then your client will have no problem whatsoever.
Furthermore, your client does have a license right now. Therefore, he should
not have any problems in the future.
Mr. Lanse: That's correct.
Vice Mayor Alonso: The point comes from the fact that once we put out a
bid...
Mr. Lanse: I understand that.
Vice Mayor Alonso: ...and we set rules and regulations, we are supposed to
abide...
Mr. Lanse: I understand.
Vice Mayor Alonso: ...by those laws. If we just open for bids, and then we
change the rules again, in the middle of the process, I think we are doing the
wrong thing.
Commissioner Plummer: How many bidders were there?
Vice Mayor Alonso: We are liable. And that's what we are trying to establish
here.
Mr. Lanse: I understand.
Vice Mayor Alonso: It's nothing that your client cannot do the work...
landscaping work...
Mr. Lanse: Right. But I...
187 November 12, 1992
Vice Mayor Alonso: It has to do with the license. That's all.
Mr. Lanse: I understand. But I think if you'll see the instructions to
bidders, nowhere is it mentioned there specifically that a general
contractor's license is required.
Vice Mayor Alonso: Well, that's another point that we have to take, and then
we go to the Legal Department. Is, in fact, what the gentleman is saying,
true? And if it's not included in the bid, then we have to know. And if that
is the case, why do we have this item in front of us?
Mr. Maxwell: Madam Vice Mayor...
Commissioner Plummer: Hell of way to run an airline.
Mr. Maxwell: Madam Vice Mayor, as I...
Vice Mayor Alonso: Yes.
Mr. Maxwell: The portion that I read to you a few minutes ago...
Vice Mayor Alonso: Yes.
Mr. Maxwell: ...requiring compliance from Florida Construction Industry
Licensing Board requirements...
Mr. Schwartz: In the RFP.
Mr. Maxwell: ...in our opinion, requires a general contractor's license for
the concrete work. Now, the pertinent parts of counsel's comments deals with
whether or not the concrete work was incidental to the main landscaping work.
And that's the crux of the argument here.
Vice Mayor Alonso: They say 40% of the work.
Mr. Lanse: No, no.
Mr. Maxwell: We say 40%. We say that 40%...
Mr. Lanse: To be honest with you, my interpretation of the Statute, it
doesn't matter if they built a building on the concrete, or they just planted
trees. It states specifically there that if they work on streets, or
incidental thereto, which I would definitely believe that landscaping and
concrete work would qualify under both of those, that they are specifically
exempt from the Statute. And if you look at your bidding requirement again,
it says that all bidders shall comply with the requirements...
Commissioner Plummer: You know, there's only one way to do this. Throw them
all out and spell it out clearly.
Mr. Lanse: ...as necessary. As necessary. So, this is obviously a bidding
instruction that wasn't specific enough. My client comes in and gets...
Commissioner Plummer: That's it.
188 November 12, 1992
Mr. Lanse: ...the lowest offer...
Commissioner Plummer: Mr. Mayor, I make a motion. Hello? Madam Vice Mayor,
I make a motion. Throw out all the bids. Make the bids very clear. Let them
be understood fully what they are.
Mr. Maxwell: You need to know the consequences of that, Mr...
Commissioner Plummer: Excuse me.
Mr. Maxwell: There are some consequences you need to know of that.
Vice Mayor Alonso: I think we have some problems.
Commissioner Plummer: What's the consequences?
Vice Mayor Alonso: Yes, Mr. Maxwell?
Mr. Schwartz: The consequences are that if we don't complete this project by
December 15th, we lose the State grant. We have been trying since September
to get this on the Commission agenda, because I know what your next statement
is going to be, Commissioner. We have... and it needs to be...
Commissioner Plummer: Yeah. But you got a hodgepodge. There's no easy
answer. There's no definitive answer. It's a gray area. It's not black and
white.
Mr. Schwartz: We... The procedure that the City has, it's an interpretation
by the Law Department and a recommendation to the Commission. And these are
the procedures that the City has established and that's what we're following.
Mr. Maxwell: It's our recommendation that the ODA director's action be
affirmed by this board. We don't think it's a gray area, sir. We don't.
Mr. Lanse: It's most definitely a gray area. I think the Supreme Court has
already ruled on it. I mean... I don't want... I am... Believe me, this is
not meant to threaten this Commission in any way...
Vice Mayor Alonso: He has... He made a motion, if he gets a second...
Commissioner Plummer: I'm just going to make them bid to throw them all out.
Vice Mayor Alonso: If not...
Commissioner Plummer: ...clearly.
Mr. Lanse: ...but obviously, just to make the alternatives aware that
everyone... in fact, I can go... I have already exhausted by Administrative
remedies by being here today.
Commissioner Plummer: He's going to court.
Mayor Suarez: Right.
189 November 12, 1992
Mr. Lanse: All I have to do now is file a declaratory judgment and move to
enjoin the whole matter...
Commissioner Plummer: So, if he goes to court, you're in the same ball park.
The 15th it will not be as completed.
Mr. Lanse: ...pending resolution of...
Mayor Suarez: You don't look too exhausted, but yes, we know that. You've
exhausted... Counselor, by the way, you're in a compensatory capacity. Have
you filed that little form?
Mr. Lanse: Yes.
Mayor Suarez: All right. Register as a lobbyist. Commissioners, what's your
pleasure?
Vice Mayor Alonso: Well, the problem is the deadline...
Mayor Suarez: We have a motion. It has not been seconded.
Vice Mayor Alonso: ...that he has - December 15th.
Mr. Lanse: My client is willing and able to commence immediately.
Mayor Suarez: Please, we've got to handle... We've got to grapple with this
now.
Vice Mayor Alonso: My concern is the December 15th date, that it might be a
problem.
Mr. Schwartz: Right. We need to start the... And the State has given us an
extension based on this.
Commissioner Plummer: Well, we meet again on the loth. Go and...
Mr. Schwartz: It has to be completed by then.
Commissioner Plummer: It's got to be completed by the 15th?
Mr. Lanse: Oh, by the 15th?
Mr. Schwartz: Yes.
Mayor Suarez: All right. On the matter before us, we know, I think, the
pluses and minuses. The recommendation, once again, is to reject the protest.
Mr. Maxwell: Yes, sir. Keeping in mind that if you decide to go the other
way, of course, we would award the contract to Vila and Son, and that would,
of course, leave whatever remedy that may be available to the other party,
which would be Recio. So, we... It's the intention of the City to proceed
either way. Unless you, of course, revoke the RFP altogether.
r:
190
f`
November 12, 1992
Mayor Suarez: Right.
Mr, Lanse: Is Recio here? If I may ask.
Mayor Suarez: No, and you may not ask, because it's basically your protest at
this point.
Vice Mayor Alonso: So, the recommendation is to reject the...
Mr. Lanse: Well, the protest...
Mr. Schwartz: So, we can go on...
Vice Mayor Alonso: The protest...
Mr. Lanse: ...is ours, but actually the rejection was based on Recio's
protest. That's why, if he was notified...
Mayor Suarez: No. The rejection was based on the recommendation of the City.
Please hold on, Counselor, we've got to make our determination right now. OK?
Recommendation was very clear. Commissioners, anybody want to tackle this in
any way?
Vice Mayor Alonso: Well, I would move to accept, but there is a motion. He
made a motion to...
Commissioner Plummer: No. I was willing to make a motion.
Mayor Suarez: The motion is made once. Is it seconded? Do we have a second?
Commissioner De Yurre: I second.
Mayor Suarez: That's... No. That's to the prior motion, the one to reject
all bids. Right.
Mr. Maxwell: Which motion?
Mayor Suarez: It's been moved.
Mr. Maxwell: I'm sorry, Mr. Mayor. What's on the floor?
Commissioner Plummer: No. That motion was made by me prior to the fact that
we could lose the state funds by the 15th of December.
Mayor Suarez: All right. So, you're withdrawing the motion.
Commissioner Plummer: So, I withdraw the motion.
Vice Mayor Alonso: You withdraw.
Mayor Suarez: All right. Do we have a new motion?
Vice Mayor Alonso: OK. I will move that we accept the recommendation of the
Administration.
191 November 12, 1992
Mayor Suarez: And reject the protest?
Vice Mayor Alonso: Yes.
Mayor Suarez: So moved.
Commissioner De Yurre: Second.
Mayor Suarez: Second. Any further discussion from this Commission? If not,
please call the roll.
The following resolution was introduced by Vice Mayor Alonso, who moved
Its adoption:
RESOLUTION NO. 92-730
A RESOLUTION APPROVING THE DOWNTOWN DEVELOPMENT
AUTHORITY EXECUTIVE DIRECTOR'S DECISION TO REJECT THE
PROTEST OF VILA & SON'S LANDSCAPING CORPORATION, IN
CONNECTION WITH THE AWARD OF A CONTRACT PURSUANT TO
RESOLUTION NO. 92-385, ADOPTED JUNE 11, 1992, TO
PROVIDE LANDSCAPE/STREETSCAPE IMPROVEMENTS ON
SOUTHWEST EIGHT STREET WITHIN THE BRICKELL AREA OF
DOWNTOWN MIAMI PURSUANT TO A GRANT FROM THE STATE OF
FLORIDA AND MATCHING DOWNTOWN DEVELOPMENT AUTHORITY
FUNDS, AS SAID PROTEST HAS BEEN DETERMINED TO BE
WITHOUT MERIT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I really don't want to vote yes, but I don't want to
lose the money, so I will vote yes.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: I have a feeling that we're going to hear from you again, sir.
But you've made a fine presentation.
192 November 12, 1992
Mr. Lanse: Thank you.
Mayor Suarez: Your client would be proud of you.
Mr. Lanse: Thank you.
46. AUTHORIZE ISSUANCE OF $90,000,000 GENERAL OBLIGATION REFUNDING BONDS,
SERIES 1992 FOR PURPOSE OF REFUNDING ALL OR A PORTION OF OUTSTANDING
GENERAL OBLIGATION BONDS CONSISTING OF: (I) POLICE HEADQUARTERS AND
CRIME PREVENTION FACILITIES BONDS, STORM SEWER IMPROVEMENT BONDS,
SANITARY SEWER SYSTEM BONDS AND STREET AND HIGHWAY IMPROVEMENTS BONDS
(DATED JUNE 1, 1986); (II) GENERAL OBLIGATION REFUNDING BONDS SERIES
1986; (III) GENERAL OBLIGATION BONDS SERIES 1986A (POLLUTION CONTROL AND
INCINERATOR FACILITIES BONDS); AND (IV) GENERAL OBLIGATION REFUNDING
BONDS SERIES 1987; ETC. -- DELEGATE POWER TO CITY MANAGER AT A FEE NO
LARGER THAN $450,000.
------------------------------------------------------------------------------
Mayor Suarez: All right. Item 10. Resolution authorizing issuance of...
Commissioner Plummer: Move it.
Mayor Suarez: So moved.
Commissioner Plummer: Wait a minute.
Mayor Suarez: Chair recognizes HRS (Health and Rehabilitative Services)
regional director, Jim Towey.
Commissioner Plummer: Wait, wait. Is this refinancing?
Mr. Carlos Garcia: Yes.
Commissioner Plummer: This is refinancing?
Mr. Garcia: Yes, sir. This is...
Mayor Suarez: You have a lot of godliness with you today, sir. Maybe it will
help you.
Mr. Cesar Odio (City Manager): Wait, wait. We...
Commissioner Plummer: Wait, wait. Not to exceed $90,000,000...
Mr. Garcia: This is the item that was approved by the City Commission in
{ September on a preliminary basis, and now we're bringing the final resolution.
Commissioner Plummer: And what are these monies going for?
193 November 12, 1992
Mr. Garcia: To refinance debts that we have outstanding at this time. Bonds
that were sold in 1986, but because the interest rates are much lower now, if
we do a refinancing of these bonds, we can save in excess of $1,000,000.
Mr. Odio: And it does not extend the life of the debts.
Commissioner Plummer: All right. I'll move it.
Mr. Odio: The interests are going down.
Commissioner Plummer: Don't I know.
Mr. Garcia: Not any more.
Commissioner Plummer: I'll move it, Mr. Mayor. I'll move it, Mr. Mayor. I
don't move it, Mr. Mayor.
Mayor Suarez: Give me one of the two, either one.
Commissioner Plummer: I don't give a damn. You're sitting there and you
don't answer. I move it.
Mayor Suarez: Thank you. I was looking for a second.
Commissioner Plummer: I said it three times.
Mayor Suarez: Commissioner De Yurre seconds. Any discussion? If not, please
read the ordinance.
Commissioner Plummer: Wake him up.
Mr. Garcia: It's a resolution.
Mr. Odio: No. It's a resolution.
Mayor Suarez: Call the roll.
[AT THIS POINT, THE CITY CLERK BEGINS ROLL CALL.]
Commissioner Plummer: I guess I should ask on the record, who is doing the
refinancing, at what cost?
Mr. Garcia: The underwriters are a number of firms.
Commissioner Plummer: Why?
Mr. Garcia: Because that is the way... We need several firms to sell these
bonds, and we are selling ninety million dollars in bonds, so we have...
Commissioner Plummer: And what charges... What are they charging?
Mr. Garcia: We don't know at this time what the final charge is going to be.
We estimate that it is going to be in the amount of about $900,000, about one
per...
194 November 12, 1992
Commissioner Plummer: What?
Mr. Garcia: That is the fees normally...
Commissioner Plummer: The underwriter fee is $900,000?
Commissioner De Yurre: That is one percent (3)
Mr. Garcia: That is one percent (1%), yes, approximately one percent (3).
That is what we estimated what the underwriter fees are.
Commissioner Plummer: Huh?
Commissioner De Yurre: We are in the wrong business.
Mr. Garcia: After the... it was...
Commissioner Plummer: Well, isn't that negotiable?
Mr. Garcia: It will be negotiable, yes, sir.
Commissioner Plummer: No, no, no.
Mr. Garcia: But I am saying that is the estimate that we have at this time.
Commissioner Plummer: No, no, no. What?
Mr. Garcia: That is the estimate that we have. The underwriter...
Commissioner Plummer: No, no, no. Then I am not approving that until I know
what 1s negotiated that fee...
Mr. Garcia: We will notify you exactly what that fee is.
Commissioner Plummer: But I don't want... Excuse me.
Mr. Garcia: But, Commissioner...
Commissioner Plummer: You negotiate the fee first and then ask me to approve
it. No, no, no. We don't do business that way.
Mr. Garcia: We have a fixed rate on that?
Commissioner Plummer: You negotiate the fee because I want that fee down from
$900,000.
Mr. Garcia: We will bring it down as much as we can.
CommissionerPlummer: No, no, no. You bring it down and I will tell you
whether you got it down far enough. (INAUDIBLE RESPONSE NOT ENTERED INTO THE
PUBLIC RECORD.) Hey, don't come at me here and tell me it is about $900,000,
like it is pin money.
195 November 12, 1992
Mr. Odio: We will bring it back to you. He is saying we will bring it beck
to you, but we cannot lose the window we have. The interest is beginning to
climb up.
Commissioner Plummer: i want that fee negotiated down a great deal more
than
$900,000, period.
Commissioner Be Yurre: That is fine, but we have got to approve this now, and
then we approve...
Commissioner Plummer: Then you don't sell this in any way until we get
that
an idea of what that fees is. 1 am not going to pay $900,000. No way!
Unidentified Speaker: Commissioner.
Mr. Odio: It sounds like...
Commissioner Dawkins: What else is new?
Mr. Odio: ... your paying...
Commissioner Plummer: It sounds like it is a lot of money.
Mr. Odio: Wait. Your paying. Yes. But we save... We save. The
City
saves...
Commissioner Plummer: Mr. Manager, if the fee...
Mr. Odio: ... one million dollars minimum.
Commissioner Plummer: ... is negotiable.
Mr. Odio: Fine. It is...
Commissioner Plummer: ... I guarantee you that there is companies out
there
that would love to negotiate down from $900,000.
Mr. Odio: And we are going to bring it to you before we finalize
this
arrangement...
Commissioner Plummer: OK. Understand...
Mr. Odio: ... but give us... Don't lose the window of the interest...
Commissioner Plummer: OK. But understand...
Mr. Odio: ... until this is...
Commissioner Plummer: ...,you better not sell one of those bonds, OK, in any
way, shape or form. Now who are the underwriters?
Mr. Garcia: We have the firms... It is headed by the firm of Goldman, Sachs
& Company, and we also have...
196 November 12, 1992
Commissioner Plummer: Wait. Wait a minute. Goldman, Sachs, are they local?
Commissioner Dawkins: No.
Mr. Garcia: Yes, sir, they have a local office in Miami.
Commissioner Plummer: I didn't say local office. Are they local people?
Mr. Garcia: The people that are in charge of this sale are local people.
Commissioner Plummer: They have an office in the City of Miami?
Mr. Garcia: It 1s a national company, yes sir.
Commissioner Plummer: OK. Who else, and how much do they have?
Mr. Garcia: How much are they going to be selling?
Commissioner Plummer: How much are the...?
Mr. Garcia: We haven't determined that yet.
Commissioner Plummer: Why not?
Mr. Garcia: Sir, they have to go out to the market and find out how many
people... Who is going to be buying the bonds, and based on that they will
get a...
Commissioner Plummer: Is Goldman Sachs on our list of rotation?
Mr. Garcia: Yes, sir, they are.
Commissioner Plummer: OK. Go ahead. Who is next?
Mr. Garcia: M. R. Beal & Company which is a black...
Commissioner Plummer: Who?
Mr. Garcia: M. R. Beal & Company. It is a black company out of New York.
Mayor Suarez: M. R. Beal.
Commissioner Plummer: You know the firm?
Commissioner Dawkins: No. From where?
Mr. Garcia: New York City.
Commissioner Dawkins: From New York.
Mr. Garcia: Yes.
Mayor Suarez: I have heard of them.
I
197
November 12, 1992
Commissioner Plummer: Wait a minute. Wait a minute.
Commissioner Dawkins: They are not local.
Mr. Odio: Black firm, no.
Commissioner Plummer: No.
Mr. Garcia: This is part of the team the City Commission... This is the team
the City Commission approved as team number "A," or team "A." The team that
is going to get the first sale, the first negotiated sale from the City this
year. OK. The next firm is AIBC, which is a local Hispanic firm. We have...
Yes. Barnett Securities, which is a... They also have a local firm, a local
office in Miami.
Commissioner Plummer: Wait a minute now. When you say local, understanding
what we are trying to do is to keep our home dollars at home, are those
dollars going to stay here or going to New York?
Mr. Garcia: Let me finish with the list, Commissioner. It depends. If the
bonds are sold here the dollars will stay here. If the bonds are sold by
salespeople in New York, the money will go to New York. We cannot sell ninety
million dollars in bonds in Miami in a single day, OK. Let me keep going.
Another company is Smith Mitchell Investment, which is a female company based
in Philadelphia, I believe, West Palm Beach. OK.
Commissioner Plummer: They are out.
Mr. Garcia: We have Argyle Securities, which is a local black firm. We have
First...
Commissioner Dawkins: Who?
Mr. Garcia: Argyle Securities.
Commissioner Dawkins: What percentage... OK. What percentage of the job
will they get?
Commissioner Plummer: They are not going to tell you that.
Mr. Garcia: We don't know that at this time, Commissioner.
Commissioner Dawkins: You know what...
Commissioner
Plummer:
Commissioner
Dawkins:
Commissioner
Plummer:
Commissioner
Dawkins:
Commissioner
Plummer:
It is half-assed.
You know I am going to say this...
I am sorry.
You know. J.L., that is why...
It is a hell of a way to do business.
198 November 12, 1992
4-
Commissioner Dawkins: ... I pulled the rule on the other one. OK. Every
time...
Commissioner Plummer: Excuse me. Mr. Mayor.
Commissioner Dawkins: ... I look up, J.l...
Commissioner Plummer: I withdraw my issue.
Commissioner Dawkins: ... they are selling bonds. Every time you look up, we
are selling bonds, and we are saving money. I never see the savings.
Commissioner Plummer: Yeah.
Commissioner Dawkins: All I do is I hear every time... I am going to sell
these bonds, and we are going to save money. The money and the savings never
show up. Oh, we have got to go now because the window is open. If the window
closes, we won't make the savings. Come onl
Mr. Garcia: Sir, the savings are there. I can prove to you any time we had a
sale in the past, we had the savings there. They are on the record.
Commissioner Plummer: Carlos, let me tell you something. I under no
circumstances will stand still for $900,000 fee.
Mayor Suarez: OK. That part you built into the motion which you now have
withdrawn, but...
Mr. Garcia: That is the maximum fee. That is the kind of fees underwriters
get paid.
Commissioner Plummer: I couldn't care less...
Mayor Suarez: Well, but we... If we could do better than that, it would be
nice.
Commissioner Plummer: ... what the maximum fee is.
Mr. Garcia: We will do better than that. You know.
Mayor Suarez: All right.
Mr. Garcia: We will do everything that we can.
Mayor Suarez: Now, Carlos, the Commissioners are both asking, you know, about
the whole issue of where the savings are coming in from these windows of
opportunity for reduction of interest rates. Now this is a GO (General
Obligation) bond, right?
Mr. Garcia: Yes, sir.
Mayor Suarez: If we have done at least three of these in the last couple of
years that I remember for GO bonds, et cetera, and if we have then reduced our
interest rates, how come our debt service millage rate has not decreased
accordingly if our tax base stayed roughly the same?
199 November 12, 1992
Mr. Garcia: It has decreased some. We have been using fund balances in some
cases to complete that amount of money that we need to pay for that debt
service. I can give you a table where we show, in fact, debt service...
General obligation debt service...
Mayor Suarez: What is the yearly payment for GO debt service right now? Is
it twenty, twenty-one million dollars as always?
Mr. Garcia: Something 1n that vicinity. Yes, sir.
Mayor Suarez: OK. Could be expect next year when we get in October that it
will be down to nineteen or eighteen or something?
Mr. Garcia: It may be so.
Mayor Suarez: Well, it has got to happen pretty soon because like they are
saying, we are paying major fees here, we know that they are coming out of the
bond issue, OK, and we have been told that you will never do it so that the
face value in any way increases, it has to be a decrease in the face, or
maintaining the face value of the obligation, principal amount, and the
interest rate, supposedly, substantially less, somewhere there has got to be a
savings at the end of the fiscal year.
Mr. Garcia: Let me make the record very clear, Mr. Mayor. Every time I have
told you we have debt service savings on any refinance, the savings are there,
I can go back and prove that to you every time we have that case. OK.
Mayor Suarez: All right. Well, please do because...
Mr. Garcia: And in this case we won't sell...
Mayor Suarez: Because every time, at the end of the year, the debt service
millage rate with a similar tax base stays the same, and I don't see the
savings.
Mr. Garcia: And in this case as I told you before, and I will tell you
again...
Mayor Suarez: And I feel like my colleagues at...
Mr. Garcia: ... if we don't have at least a million dollars in net savings to
the City, we will not sell the bonds.
Mayor Suarez: A year. A million dollars a year?
Commissioner Dawkins: Well, Mr. Mayor.
Mr. Garcia: No, sir. In total.
Mayor Suarez: A million dollars over the entire time?
Mr. Garcia: Yes, sir. Over the entire...
200 November 12, 1992
a
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: And they are taking $900,000 just for the issue. Wow!
Commissioner Plummer: Isn't that nice.
Mr. Garcia: A million...
Commissioner Dawkins: Mr. Mayor. May I ask a question.
Mr. Garcia: Commissioner... Mr. Mayor, a million dollars in present value
savings. Overall the net... The total thing may be two or three million
dollars. In present value savings, it is over a million dollars.
Mayor Suarez: I know present value calculations and I appreciate it. I
thought that we were talking about a real substantial savings.
Commissioner Plummer: That is what I thought.
Mayor Suarez: If interest rates have dropped, you know, two and three and
four percent on municipal bonds you would thing that on a twenty million
dollar, a twenty-one million dollar a year debt payment that we make, you
would have a substantial reduction.
Mr. Garcia: The most...
Mayor Suarez: As much as a million a year or two.
Commissioner Dawkins: Let me ask.
Mr. Garcia: Let me just say the most...
Commissioner Dawkins: Let me ask one question.
Mr. Garcia: The most... Commissioner...
Commissioner Dawkins: One question.
Mr. Garcia: Let me just throw this number at the Mayor.
Commissioner Dawkins: Go right ahead, sir.
Mr. Garcia: The most recent set of numbers that we have give us 3.4 million
dollars in total savings, and on the present value basis that is 1.4 million
dollars.
Commissioner Dawkins: OK. Tell him to whisper this answer in your ear. Tell
him to get closer so he can whisper this answer in your ear. Each year when
you refinance you tell me you have a savings. Is that correct?
Mr. Garcia: Every time we have had a refinancing transaction we had a
savings. Yes, sir.
201 November 12, 1992
Commissioner Dawkins: All right. When you refinance do you add years to
the* 6.
Commissioner Plummer: This is crazy.
Commissioner Dawkins: ... lease, I mean to the term of the bonds, or do we
remain the same... Do we retain the same expiration date?
Mr. Garcia: Same life. Yes, sir. We don't add years to the term of the
bonds.
Commissioner Dawkins: They still expire at the same date?
Mr. Garcia: Yes, sir. That is the case with these bonds also. The savings
come from the fact that interest rates have dropped at that particular point
in time.
Commissioner Plummer: Yeah. But Carlos, it is almost like that they are
making who they are, that they are making as much handling the issue, as we
are saving.
Mr. Garcia: We try very hard with the financial advisors to...
Commissioner Dawkins: That is right, J.L. You are right, J.L.
Mr. Garcia: ... reduce those rates as much as we can.
Commissioner Plummer: I am not going for it.
Commissioner Dawkins: We don't save anything. They get the savings.
Mr. Garcia: No, sir. That is not the case.
Commissioner Plummer: They got the money.
Commissioner Dawkins: They got the money for the savings.
Mr. Garcia: The savings that I am talking about are net savings to the City
after all expenses are paid, including underwriters expenses, financial
advisors and so forth.
Commissioner Plummer: I will not under any circumstances pay a $900,000 fee.
Mr. Odio: I believe you made that point quite clear, and...
Mayor Suarez: You made that as part of your motion.
Mr. Odio: ... I believe we told you we would bring it back.
Commissioner Plummer: That is fine.
Mayor Suarez: All right. Does anybody else want to move the item? I presume
that your motion is withdrawn now, Commissioner Plummer?
202 November 12, 1992
t
Commissioner Plummer: My... no. If they are going to bring it back without
selling the bond, and without... And bring it back with a negotiated fee more
like four fifty, my motion is on the floor.
Mayor Suarez: All right. The motion then is to approve the refinancing with
delegation of power to the Manager to negotiate, and an indication that you
are talking about a fee of no more than $450,000.
Commissioner Plummer: It is a hell of a competitive market out there right
now.
Mayor Suarez: The ultimate approval... Why does it have to come back to
us? - Other than the fact that the motion might read that way.
Mr. Garcia: It doesn't have to come back to you at this time, but if the...
Commissioner Plummer: Oh, no, no. I want it back.
Mr. Garcia: ... Commissioners wants to bring it back to you...
Mayor Suarez: Well, no. But if he is that specific that he can say that we
will not pay more than four fifty, you can just go ahead make that a
condition.
Commissioner Plummer: Oh yeah. That is fine.
Mayor Suarez: All right.
Mr. Garcia: OK.
Mayor Suarez: So moved with that proviso. Do we have a second?
Commissioner Plummer: If I can save the City $450,000, I will feel it is
worthwhile.
Mayor Suarez: Do we have a second on the motion as stated to go with the
refinancing, all the savings as stated and the underwriters and any other fees
that are included in the nine hundred thousand?
Mr. Garcia: In the nine hundred thousand dollars, we are talking about the
underwriters' fees.
Mayor Suarez: To be...
Mr. Garcia: Which are now...
Mayor Suarez: ... no higher than four fifty...
Mr. Garcia: Right.
Mayor Suarez: ... And if not, we don't do the refinance. So moved.
Commissioner Plummer: And that, Mr. Mayor, also that that will establish for
the City at least a million dollars in savings.
203 November 12, 1992
Mr. Garcia: That remains, yes, sir.
Commissioner Plummer: Right.
x
-S
Mayor Suarez: Yes. That certainly...
Commissioner Plummer: And the negotiated fee
would be four fifty, and they
don't have to come back, yes. I will make that
in such a motion.
Commissioner De Yurre: So we don't spin our
wheels, how realistic is four
fifty?
Mr. Garcia: It is not very realistic but, you
know, we will have to talk to
the underwriters and see whether they can sell
the bonds based on that fee or
not.
Commissioner Plummer: It is a hell...
Mayor Suarez: Let's try it. Let's try it, folks.
We got other items today,
and that is the motion.
;.
Commissioner Plummer: There is a lot of hungry
g y
people out there.
Mayor Suarez: The motion is to approve the
refinancing provided that the
=
underwriters fee is no higher than four fifty,
four hundred and fifty
thousand.
'
Commissioner Plummer: Yeah.
1�
Mayor Suarez: If not, we don't go through with
it.
+^
i
Commissioner Plummer: So moved.
Mayor Suarez: So moved.
Commissioner De Yurre: Second.
Mayor Suarez: Second. Any discussion? If not
please call the roll.
Ifs
204
November 12, 1992
..._.._...... .
Commissioner Dawkins: I am voting not and I am going to constantly vote no
because I just don't see every time I look up you are refinancing, or selling
tax anticipated notes and I don't see where we have any savings or make any
gains. I vote no.
Commissioner Plummer: It is possible.
47. CONTINUE, FOR FURTHER INFORMATION, CONSIDERATION OF PROPOSED RESOLUTION
AUTHORIZING INTER -LOCAL AGREEMENT WITH METRO-DADE COUNTY FOR INCLUSION
IN THE COUNTY CURBSIDE RECYCLING PROGRAM.
Mayor Suarez: Item 11. Resolution authorizing the City Manager to enter into
an inter -local agreement with Metro Dade County for inclusion...
Commissioner Plummer: How much per household?
Mr. Ron Williams (Assist. City Manager): Three fifty-six, yes.
Commissioner Plummer: That is not true. The County contract, as I recall, is
$1.57.
Mr. Williams: Three fifty-six is the initial...
Commissioner Plummer: That is not what I am talking about. The County issue
that I recall, as I remember, is industrial waste. It was for a five year
guarantee with no increase, at $1.57 per household. Am I right or wrong?
Mr. Williams: Yes, the $3.56 was the initial start, Commissioner. But that
$1.57 is the monthly.
Commissioner Plummer: I ain't worried about the initial start up I am not...
Mr. Williams: You are right, Commissioner.
Mr. Odio: One dollar and fifty-seven per household.
Commissioner Plummer: And how long is that guarantee for?
Mr. Williams: The initial contract, as I recall, was for three years, three
additional years, from when it actually started up, so there may be...
Commissioner Plummer: That is when it started up with the County.
Mr. Williams: Right. It may be at three years now because...
(' Commissioner Plummer: OK. Well, I am going to write in that if we accept it,
that we get a three year window at that amount, and not to exceed, as the
County does, not to exceed an annual increase of more than five percent (5%),
and that was for a total of twenty years, as I recall. That was the County
_ issue. So if we do vote on the issue today, and I see the people from
sanitation are going to make some points here. Well, he is standing there.
206 November 12, 1992
rn
Unidentified Speaker: Yeah. I am going to make a point. I am going to wait
until you finish.
Commissioner Plummer: That as far as I am concerned... Now, do we enjoy any
possibility of the recyclable "sell-ables"?
Mr. Williams: Yes, we do, and I think that amount works out to be, I think,
fifty percent (50%) of, after you reach a certain level, and we will negotiate
that all into our contract as the County has.
Commissioner Plummer: OK. But all of that I would want written in. The
three year window like the County got. Not to exceed five percent (5%) after
the fourth year.
Mr. Williams: The inter -local, Commissioner, will be very specific, reviewed
and approved by the City Attorney before it is executed.
Vice Mayor Alonso: Is this a move going to the private sector, privatization
of services?
Commissioner Plummer: Yes.
Mr. Williams: The recycling, yes. We are not considering any other
components of the department.
Vice Mayor Alonso: But the the address 11.
Commissioner Plummer: Recycle number 11.
Commissioner Dawkins: I move for it to be continued because I need more
information. I need to know what it is going to cost per household, who is
going to pay it.
Commissioner Plummer: I just said it.
Commissioner Dawkins: If it is going to be sent back to the neighbors, if you
are going to pick it up at the sidewalk, what do I have to pay? Do I pay it
monthly? These are the things I need to know. So I defer it.
Mr. Williams: I can give you that at this point, Commissioner.
Commissioner Dawkins: No, sir.
Vice Mayor Alonso: The citizens will have to pay for this?
Mr. Williams: No.
Commissioner Dawkins: I will continue it, and you bring it... You should
have given it to me before now. I continue it. I ask that this be continued
until the next meeting.
Mr. Williams: Commissioner Dawkins, if I may...
207
November 12, 1992
Vice Mayor Alonso: Second.
Commissioner Plummer: Mr. Williams, you will learn when to acquiesce when you
are ahead. Our colleague has asked for further information. I second his
motion to defer until the meeting in December.
Mayor Suarez: So moved and seconded. Any discussion? If not please call the
roll. _
THEREUPON MOTION DULY MADE BY COMMISSIONER DAWKINS AND
SECONDED BY COMMISSIONER PLUMMER ITEM 11 WAS CONTINUED
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: Even though the dirty devil wouldn't do it for me I
vote yes.
48. (A) EMERGENCY EXISTS NECESSITATING THE BURNING OF DEBRIS LEFT BY
HURRICANE ANDREW.
(B) APPROVE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT PROTEST OF
TRANSAMERICA REHAB CORPORATION CONCERNING DISPOSAL BURN UNITS.
------------------------------------------------------------------------------
Mayor Suarez: Item 12. Rejecting the protest of Trans American Rehab Corp.
Commissioner Plummer: Not another one.
Mayor.Suarez: Are they here?
Vice Mayor Alonso: I hate them.
Commissioner Plummer: Oh. Maybe we lucked out.
Vice Mayor Alonso: Well.
Mayor Suarez: All right. Do we just go ahead and do the perfunctory reject
of the protest?
Vice Mayor Alonso: We approve the...
208
November 12, 1992
•
Mr. Ron Williams (Assist. City Manager): I would ask that you would accept
the Administration's recommendation, Mr. Mayor.
Vice Mayor Alonso: Move it.
Mayor Suarez: And reject the protest, right.
Mr6 Williams: Yes.
Mayor Suarez: So moved.
Commissioner Plummer: So moved.
Commissioner Dawkins: Second. Under discussion.
Mayor Suarez Yes, Commissioner Dawkins.
Commissioner Dawkins: Mr. Manager, what does this do... We have a unit out
there to burn, and the County says we can't burn.
Mr. Odio: We are burning.
Commissioner Dawkins: OK. Thank you. No further...
Mr. A. Quinn Jones, Esq. (City Attorney): Mr. Mayor.
Mr. Odio: Look at the Herald.
Mayor Suarez: Yes, sir.
Mr. Jones: While you are on the subject. We have been looking into propriety
of taking some action relative to the County's ban. What I would suggest, and
I would hope that you would do, as I have indicated to the Manager, to
continue on the course of action he has just indicated to you until such time
that the County cites us with a cease and desist, and take whatever action may
be appropriate. As you know, there is a Florida Statutory provision that
provides that before we initiate suit we could have to have a meeting between
the two Commissions within the 30 days. In order to place me in a position to
be ready to go into court, whatever, should the County decide to take any
action, I would need a finding by this Commission that there is an emergency,
andl that is the only exception in the Statute that would allow me to go right
into court and do whatever is necessary.
Mayor Suarez: The facts are pretty clear that there is an emergency. Do you
need a resolution?
Mr. Jones: Yes, please. A resolution finding that it is an emergency and
instructing me to take whatever action is appropriate.
Mayor Suarez: all right.
Commissioner Dawkins: So moved.
Mayor Suarez: So moved.
209 November 12, 1992
Vice Mayor plonso: Second.
Mayor Suarez: Second.
Mr. Odio: Quickly for the record...
Mr. Jones: That is all. No, sir. That 1s it.
Mr. Odio: But we met with...
Mr. Jones: That is right.
Mayor Suarez: Yeah. But the procedure and the Statute is very specific. It
calls for a joint session convened by the two Mayors, et cetera. In this case
there would be no time for that, so we got an emergency. So moved and
seconded as to the emergency resolution.
Commissioner Plummer: Well...
Mayor Suarez: Yes.
Commissioner Plummer: The motion only establishes...
Mayor Suarez: The emergency.
Commissioner Plummer: ... that an emergency exists. The motion does not go
any further than that. Is that correct?
Mayor Suarez: That is correct.
Mr. Jones: No. What I asked for was that it is an emergency, and instructing
me to take, as the City Attorney, to take whatever action is necessary...
Mayor Suarez: Legal action to protect our position.
Mr. Jones: ... should the County take adverse action against us.
Commissioner Plummer: OK. I will vote favorably for the motion.
Mayor Suarez: Call the roll
210 November 12, 1992
<.t
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92- 732
A RESOLUTION, BY AN AFFIRMATIVE VOTE OF NO LESS THAN
4ISTHS OF THE CITY COMMISSION, DECLARING THE BURNING
OF HURRICANE DEBRIS A VALID PUBLIC EMERGENCY, AND
AUTHORIZING THE CITY ATTORNEY TO TAKE APPROPRIATE
LEGAL ACTION IN THE EVENT METROPOLITAN DADE COUNTY
SEEKS TO ENJOIN THE CITY'S ACTIONS WITH RESPECT TO THE
BURNING OF SAID HURRICANE DEBRIS.
(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: Item 13.
Mr. Williams: Pardon me, Mr. Mayor. Did we get a vote on the upholding of
the Administration on the protest, item 12?
Mayor Suarez: I believe...
Ms. Hirai: No we haven't, Mr. Mayor.
Vice Mayor Alonso: No but we had a motion and a second.
Commissioner Plummer: I thought we did.
Ms. Hirai: Yes we have the motion and the second.
Commissioner Plummer: Yeah.
Vice Mayor Alonso: OK. Call the...
Mayor Suarez: All right. Well call the roll on that protest.
211 November 12, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-733
A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S
DECISION TO REJECT THE PROTEST OF TRANSAMERICA REHAB
CORPORATION, IN CONNECTION WITH BID NO. HA 005, TO
PROVIDE DEBRIS DISPOSAL BURN UNITS, AS IT HAS BEEN
DETERMINED TO BE WITHOUT MERIT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
49. RATIFY AWARDS TO CENTRAL FLORIDA EQUIPMENT ($261,000) AND KOSTMAYER
CONSTRUCTION COMPANY ($377,000) TO OPERATE BURN CONTROLLED UNITS AT
VIRGINIA KEY TO DISPOSE OF DEBRIS LEFT BY HURRICANE ANDREW.
Mayor Suarez: Item 13. Ratifying the award to Central Florida Equipment.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not please call the roll.
212 November 12, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-734
A RESOLUTION RATIFYING AND APPROVING THE AWARDS MADE
TO CENTRAL FLORIDA EQUIPMENT IN THE AMOUNT OF
$261,0009 AND KOSTMAYER CONSTRUCTION COMPANY IN THE
AMOUNT OF $377,000, TO OPERATE BURN CONTROLLED UNITS
AT THE CITY'S VIRGINIA KEY FACILITY, TO DISPOSE OF
DEBRIS AS A RESULT OF HURRICANE ANDREW.
(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.
50. (A) APPROVE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT PROTEST OF
LANDSCAPE SERVICES, INC. FOR THE REPLANTING OF UPROOTED TREES AT
MELREESE GOLF COURSE.
(B) COMMISSIONER PLUMMER REITERATES TO THE ADMINISTRATION HIS VIEW THAT
THE CITY BIDDING PROCEDURES NEED TO BE REVISED.
------------------------------------------------------------------------------
Mayor Suarez: Item 14.
Commissioner Plummer: You know. Why suddenly, Mr. Manager, are we plagued
with... We have got now four on this agenda.
Mayor Suarez: Because we put out a lot of bids to do a lot of stuff that we
haven't done in a long time in a fairly expedited way.
Mr. Ron Williams (Assistant City Manager): And a lot of people are very
interested in competing for the business.
Mayor Suarez: Yeah.
Commissioner Plummer: I can remember going a year without an objection to a
bid.
213 November 12, 1992
Mayor Suarez: Yeah. This was pretty unusual circumstances after a hurricane.
Commissioner Plummer: Well, Mr. Mayor, I am going to once again for the
record. Our bidding procedures cry out for revamping.
Mayor Suarez: Yeah.
Vice Mayor Alonso: In regular times and especially during emergency times.
Mayor Suarez: Yes.
Vice Mayor Alonso: So we are doing it...
Mayor Suarez: Either way they bear revision.
Commissioner De Yurre: Can we put this on the agenda to discuss this
particular issue for the next meeting?
Mayor Suarez: Absolutely.
Commissioner De Yurre: So we can get deep into this matter...
Mayor Suarez: Yes.
Commissioner De Yurre: ... because it does need some help.
A. Quinn Jones III, Esq. (City Attorney): As far as the bid protest
procedure, Commissioners, I have drafted a preliminary revision to it.
Commissioner De Yurre: But I am not talking about protest, I am also taking
about...
Mayor Suarez: Preparation of bids.
Commissioner De Yurre: ... the possibility of, because of a minor minor
technicality, we lose thousands if not hundreds or millions of...
Commissioner Plummer: It is incredible.
Commissioner De Yurre: ... dollars over the course of time, and maybe it is
time that we had a little window for people to cure or... We have to think of
an alternative that we can maybe better the system. I am just, you know...
If we can come, you know... Discuss this at the next meeting I think that it
would be fruitful.
Mayor Suarez: OK. Item 14 now. We have a motion and a second?
Commissioner Plummer: Is there anybody here on 14?
Mayor Suarez: Is anyone here to...
Commissioner Plummer: Another landscaping.
214
November 12, 1992
Mayor Suarez: ... argue, advocate the protest of item 14? Let the record
reflect that no one stepped forward. Do we have a motion?
Vice Mayor Alonso: So we accept the recommendation?
Commissioner Plummer: How much is it for? How much is the bid for? And was
this the low bid? (INAUDIBLE RESPONSE NOT ENTERED INTO THE PUBLIC RECORD.)
And how much was the bid for? He is of the parks. I am asking about the
bids.
Mr. Kevin Smith: The original bids for... The first bidder was $92,100.
Commissioner Plummer: And that is the one to be rejected?
Mr. Smith: Right.
Commissioner Plummer: And how much is the bid now that is going to be awarded
to?
Mr. Smith: The bid that was awarded was for $122,358, but the work scope was
downgraded.
Commissioner Plummer: Well, excuse me. Wait a minute now. Hold on. Now we
are talking about another twenty-five, twenty-six thousand dollars difference.
Mr. Smith: The total of the bid now would be $116,000 paid.
Commissioner Plummer: Forget about it.
Mr. Smith: Understood.
Commissioner Plummer: You can't compare apples to apples when you down -scope,
and ou only have one person's price. The difference between the two bids is
not �26,000?
Mr. Smith: The originals.
Commissioner Plummer: Twenty-seven. Yes. That which was bid.
Mr. Smith: Yes.
Commissioner Plummer: Now we lost $20,000 this morning. We are losing
$27,000 now, and we are just skipping over this...
Mayor Suarez: Well, not necessarily.
Commissioner Plummer: ... like it is nothing.
Vice Mayor Alonso: Would you explain the entire situation? I think I know...
Mayor Suarez: Why the discrepancy here? Because he is thinking that we would
have gotten the same...
215 November 12, 1992
0
Vice Mayor Alonso: Would you explain to the Commissioner what is the
situation.
Mayor Suarez: ... exact thing from the other bidder for twenty some thousand
dollars less.
Commissioner Plummer: I got to tell you something.
Mayor Suarez: If that is not the case, please speak up.
Mr. Smith: It is important to note that the protest and the bid rejection was
based on the fact that the individual with the low bid number did not have the
proper licensing.
Commissioner Plummer: See? What kind of a license do you need to put a tree
back up?
Mr. Smith: According to the Dade County Codes, that we are regulated under,
you have to have one of three areas. You have to have an occupational
license, and either or general contractor, a general engineering contractor or
a landscaping contractor's license.
Vice Mayor Alonso: One of the three.
Mr. Smith: You must possess one of those three. He did not have those, and
that is the law.
Commissioner Plummer: How many trees are you putting back up?
Mr. Smith: Originally, we were putting up 109 trees. The scope of work was
reduced to 85.
Commissioner Plummer: At the golf course?
Mr. Smith: Yes, sir. Standing back up.
Mr. Alberto Ruder: There were 505, originally, that were knocked down, and
timing was an issue because we had to get to them as quickly as possible, and
this whole thing was discussed with FEMA (Federal Emergency Management
Authority). It is FEMA reimbursable, all this expense, and they understood
why we had to reject this bidder even though we had to pay more.
Vice Mayor Alonso: By the way the work was already done.
Mr. Ruder: Yeah.
Commissioner Plummer: What do you mean it was already done?
Vice Mayor Alonso: Of course, the trees were dying.
Commissioner Plummer: This is not to ratify.
Mr. Smith: This is to reject the bid.
216 November 12, 1992
Vice Mayor Alonso: Reject.
Commissioner Plummer: How do we reject a bid after you have already done the
work?
Vice Mayor Alonso: Well, remember is was an emergency for the...
Commissioner Dawkins: And paid it.
Commissioner Plummer: What?
Commissioner Dawkins: And paid it.
Commissioner Plummer: You have already paid it? What happens if we don't
reject the bids?
Mr. Williams: Commissioner Plummer, you have...
Vice Mayor Alonso: This is after the fact.
Mr. Williams: ... asked us before and the answer continues to be, you have
authorized us to proceed in an emergency manner...
Vice Mayor Alonso: Why did I bring that up?
Mr. Williams: ... with the award of these bids since the hurricane and we
have proceeded to do that. You certainly made that point during some of the
previous protests, and the Administration has adhered to your concern. We
have not made...
Commissioner Plummer: We gave you authorization to do bids to a hundred and
fifty for those that were emergency. I don't think that there is any life or
death factor of putting back up a tree in a golf course.
Vice Mayor Alonso: Oh. It dies.
Mr. Williams: Well, sure. Sure.
Commissioner Plummer: What?
Vice _Mayor Alonso: It dies. The tree.
it Commissioner Plummer: That is an emergency?
! Vice Mayor Alonso: Yes, it is.
Commissioner Dawkins: When the tree dies, yes.
Vice Mayor Alonso: Yes. It is an emergency.
Mr. Williams: The Administration has to make those emergency decisions.
Vice Mayor Alonso: It is. I think it is an emergency. Very serious. If we
allow the trees to die...
217
November 12, 1992
Commissioner Dawkins: You think the only emergency that die are people you
bury?
Vice Mayor Alonso: Yes.
Commissioner Plummer: I can put them under the tree.
Mayor Suarez: All right, folks. The analogies have ended. Now, on item 14,
otherwise the Sisters are going to walk out of here...
Commissioner Plummer: I got to tell you...
Mayor Suarez: ...Jim Towey in tow.
Commissioner Plummer: ... the taxpayers of this town deserve a lot better
than what they are getting.
Vice Mayor Alonso: But let me tell you something. We did not pay more than
the first bidder. How much did we pay finally?
Commissioner Plummer: Sure. The scope was reduced down.
Mr. Ruder: We paid finally a hundred and sixteen. It was reduced like
Commissioner Plummer said.
Vice Mayor Alonso: Yes.
Mr. Ruder: The scope was reduced down so...
i!
J Vice Mayor Alonso: So finally how much did we pay?
i
Mr. Ruder: One sixteen versus one twenty-two.
Mayor Suarez: No. She means versus the... The one that would have been the
lowest bidder if they qualified.
Vice Mayor Alonso: The lowest bidder to the person who was actually was
awarded the bid.
Mr. Ruder: OK. The original bid... Yeah. The original bid, the lowest bid,
which was... Was ninety-two and we then paid one sixteen.
Mayor Suarez: That is twenty-four difference.
Mr. Ruder: Right.
Vice Mayor Alonso: Yeah. You know something that will have to be done? The
first thing we have to do is check if the people have a license, first of all.
And if you don't have a license, we don't even accept your bid. That is all.
So we don't have to go through this exercise that every time we have three or
four in one agenda.
218 November 12, 1992
tl
Mr. Williams: Vice Mayor, you are absolutely correct, and essentially that is
the net affect of Commissioner Plummer's concern. That is not a bid that is
responsive and responsible.
Mayor Suarez: Yeah. But she...
Commissioner Plummer: Then don't give them a bid if they don't show you the
license.
Mr. Williams: Well, often we...
Mayor Suarez: She is taking you in a different direction. She is taking you
in the direction of...
Vice Mayor Alonso: Don't even accept it.
Mayor Suarez: ... an RFp and an RFP (Request For Proposals). You first get
qualifications and if they don't meet qualifications don't even...
Commissioner Plummer: If they don't show you the license don't give them a
copy of the bid.
Mayor Suarez: We really... In this kind of situation we, of course, wouldn't
be able to do that. Do you get the feeling that a tot of people in
landscaping, and debris removal and all of this, around the time of the
•' hurricane, came around and made all kinds of bids in all kinds of situations
with no qualifications whatsoever? Is that part of the problem we are having
here?
Commissioner Plummer: Accordingto the ones I saw on TV last night going to
9 9 9
jail, I think it is the case.
Mayor Suarez: I think that is part of the problem. All right. We have a
motion on item 14.
Commissioner Dawkins. Move it.
Vice Mayor Alonso: Yes.
. Commissioner Dawkins: Move it.
Mayor Suarez: Moved. Seconded by Commissioner Alonso. Call the roll.
219 November 12, 1992
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-735
A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S
DECISION TO REJECT THE PROTEST OF LANDSCAPE SERVICES,
INC., IN CONNECTION WITH BID NO. 9/92-05 TO REPLANT
UPROOTED TREES AT THE MELREESE GOLF COURSE, AS IT HAS
BEEN DETERMINED TO BE WITHOUT MERIT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Alonso: With that face, I think he meant yes from the beginning.
51. APPROVE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT PROTEST OF DELTA
CONTRACTING COMPANY TO PROVIDE DEBRIS HAULING SERVICES.
Mayor Suarez: Item 15. Approving the Chief Procurement Officer's decision to
reject the proposal of Delta Contracting Company.
Commissioner Dawkins: Move it.
Vice Mayor Alonso: Guess what.
Commissioner Plummer: Now what did this one do or did not do?
Mayor Suarez: Is Delta Contracting Company here? No one stepped forward.
Let the record reflect that one one stepped forward. It has been moved.
Commissioner Plummer: What is this all about?
Commissioner Dawkins: The same thing.
220 November 12, 1992
Vice Mayor Alonso: Same thing.
Mr. Williams: This is a bidder that protested because we exercised the local
preference.
Commissioner Plummer: But what was the project?
Mr. Williams: Debris hauling.
Vice Mayor Alonso: Debris.
Commissioner Plummer: Debris hauling.
Mr. Williams: Yes.
Commissioner Plummer: OK. And he was thrown out because he didn't have a
license?
Mr. Williams: He was not thrown out, but his bid was not considered to be the
lowest because we applied your ten percent (10%) local preference.
Commissioner Plummer: You bet your bippie.
6
V
Mayor Suarez: OK. On item 15 then we have a motion to reject, do we?
Commissioner Plummer: Move it. Move it.
fi Mayor Suarez: Seconded. Call the roll.
Commissioner Plummer: Keep local money local.
` The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-736
A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S
DECISION TO REJECT THE PROTEST OF DELTA CONTRACTING
COMPANY, IN CONNECTION WITH BID NO. HA 007, TO PROVIDE
DEBRIS HAULING FOR TWO SECTIONS OF THE CITY, AS IT HAS
BEEN DETERMINED TO BE WITHOUT MERIT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
221 November 12, 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.
------------------------------------------------------------------------------
52. ACCEPT BID: WILLIAMS PAVING COMPANY, FOR FLAGAMI STORM SEWER OUTFALL
PROJECT B-5583.
------------------------------------------------------------------------------
Mayor Suarez: Item 16. Accepting Williams Paving Company bid for Flagami
Storm Sewer.
Commissioner Plummer: They were the low bid project?
Mr. Jim Kay: Yes, sir.
Commissioner Plummer: How much was the total projected cost?
Mr. Kay: The total projected cost...
Commissioner Dawkins: Two eighty-five.
Mr. Kay: The total cost was two eighty-five.
Commissioner Plummer: And why is twenty percent (20%) the cost to the City?
Mr. Kay: No we... I am sorry. I misunderstood your question. The total
cost for this project is $274,539.
Vice Mayor Alonso: Yes. That is what I...
Commissioner Plummer: My question is, why is it better than twenty percent
(20%) for the expenses of the City? That is preposterous.
Mr. Kay: Commissioner, we are looking at fifteen percent (15%) for
engineering services with the...
Commissioner Plummer: No, sir. Two twenty-seven is the bid. Forty seven
thousand is the City expenses. That is more than twenty percent (20%) isn't
it? It is surely not fifteen.
Mr. Kay: Well, there is an item in there called testing, if you look on the
second page. Five thousand dollars, that is added in there, and that is
something that is standard on every job.
222 November 12, 1992
F
ib
Commissioner Plummer: Forty-seven thousand dollars is... Why is that the
City's cost? Why is it so damn high? The City is not doing any of the work.
Mr. Kay: Right. The City is not doing any of the work, but there plans that
were drawn...
Commissioner Plummer: Why are there expenses for...
Mr. Kay: ... that is comparable to what is in the private sector. The six
percent (6%) and the nine percent (9%) are...
Commissioner Plummer: Do we have a breakdown of that forty-seven thousand?
Mr. Kay: Yes we do. It 1s on the second page.
Commissioner Dawkins: Planning and study, seventeen thousand. Design, one
thousand. Construction, inspection and management, twenty thousand. Other
testing, five thousand. That brings you your forty-seven.
Commissioner Plummer: I think that is preposterous to have those kinds of
fees. Hello. Oh, somebody get my barbecue.
Unidentified Speaker: A thousand dollars a plate.
Commissioner Plummer: That is all right. What the hell he is healthy.
Vice Mayor Alonso: I love it.
Unidentified Speaker: Don't say that to him.
Vice Mayor Alonso: So cute.
Commissioner Plummer: Wait a minute. How can a good Jewish boy from Miami
Beach come with a pig? (INAUDIBLE RESPONSE NOT ENTERED INTO THE PUBLIC
RECORD.) It is not a kosher pig. Oy veyl
Mayor Suarez: This is the section of the Commission that is devoted to
breaches of the normal order by Commissioner Plummer and assorted props and
pets.
Vice Mayor Alonso: Now we have seen it all.
Mayor Suarez: All right.
Vice Mayor Alonso: Great.
Mayor Suarez: Yes... Where are we? Item 16. Do we have a motion and a
second, Madam City Clerk? Please move item 16, the rejection of the bid
protest.
Mr. Kay: No, no. This is an award of contract.
Vice Mayor Alonso: No.
223 November 12, 1992
`
W
t
CO!Missioner
Plummer: No.
Vice Mayor Alonso:
Accepting the bid.
Mayor Suarez:
Accepting the bid. I am sorry. So moved by...
Commissioner
Plummer: I move to reject and reduce the
cost of the City's
expenses.
Mayor Suarez:
Commissioner, we have a long way to go...
Commissioner
Plummer: I think they are out of line.
I think they are
ridiculous.
Mayor Suarez:
... today yet.
Commissioner
Plummer: Excuse me?
Mayor Suarez:
With or without... We have a long way to go
with or without...
Commissioner
Plummer: Mr. Mayor, I made my point and I
am going to make my
motion. I
think that the cost to the City is putting in this bid is
preposterous,
and the taxpayers are entitled to more.
Now, if somebody
doesn't want
to second my bid...
Mayor Suarez:
We are talking about item 16, right?
Commissioner
Plummer: Item 16.
1
Vice Mayor Alonso: Could the
Administration give us some...
Commissioner Dawkins: Well I
have to second your motion. I have been saying
this for the last year, and no
body's heard me.
`
Commissioner Plummer: And I
am going to say it on everyone of them that go
above twelve percent (12%).
Mr. Kay: Commissioner, we can
review these costs, and made revisions to these
costs, and come back later to
the engineering services, but the contract low
}}
bid. We received seven bids on
this job, and that was the low bid.
_i
,f
Commissioner Plummer: Just for your edification, sir, I have no problem with
the bid of the contractor.
I have got a problem with the City's expenses
_
being twenty percent (20%).
They are out of line in my book, and I am not
going to vote for another one
of them that read twenty percent (20%).
Mr. Wally Lee (Asst. City Manager): Commissioner, what we would like to do
then is that the bid from the
contractor be approved, and then we will come
back to the Commission with a
breakdown of the bids for your approval at that
time.
Vice Mayor Alonso: So we move to approve the contract.
Commissioner Plummer: I'll... For the contractor?
224 November 12, 1992
Mr. Lee: Yes, sir.
Commissioner Plummer: The two hundred and twenty-seven oh sixty-six?
Vice Mayor Alonso: Yes,
Commissioner Plummer: I'll do that, yes.
Mr. Lee: OK.
Vice Mayor Alonso: Fine.
Mayor Suarez: All right. So moved.
Vice Mayor Alonso: Yes.
Commissioner Plummer: But I will not approve the others.
Mayor Suarez: Moved and seconded. All right do we have a second?
Vice Mayor Alonso: Yes, yes.
Mayor Suarez: Call the roll please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-737
A RESOLUTION ACCEPTING THE BID OF WILLIAMS PAVING
COMPANY, INC., IN THE PROPOSED AMOUNT NOT TO EXCEED
$227,066.00, TOTAL BID OF THE PROPOSAL, FOR FLAGAMI
STORM SEWER OUTFALL PROJECT B-5583; ALLOCATING FUNDS
THEREFOR, IN THE AMOUNT OF $227,066.00 FOR, FROM
FISCAL YEAR 1991-92 CAPITAL IMPROVEMENT ORDINANCE NO.
10938, PROJECT NO. 352182, WITH THE ESTIMATED EXPENSES
AND ESTIMATED TOTAL COSTS TO BE ALLOCATED AND APPROVED
AT A SUBSEQUENT CITY COMMISSION MEETING; AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTACT WITH SAID FIRM.
(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:
225 November 12, 1992
F.'
W
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.
----.-------------------------------------------------------------------------
53. ACCEPT BID: MARINA POWER COMPANY, FOR DINNER KEY MARINA REHABILITATION
OF PEDESTALS AND FHC Hi1003, FROM THE FEDERAL EMERGENCY MANAGEMENT
AGENCY (FEMA).
------------------------------------------------------------------------------
Mayor Suarez: Item 17. Accepting the bid of blank. Who is that, Mr. Kay?
Commissioner Plummer: Where are you, Mr. Mayor?
Vice Mayor Alonso: Seventeen.
Mr. Jim Kay: Item seventeen.
Mayor Suarez: I am looking at a pig actually.
Vice Mayor Alonso: I know we all are. Really.
Mayor Suarez: I don't know what you are doing, but that is what I am doing.
All right.
Commissioner Dawkins: Why is it...
Vice Mayor Alonso: This is out of the ordinary. You just don't know what to
do in a circumstance like this. They are testing you.
Mayor Suarez: No. I have been stumped today. I have seen almost everything,
I thought.
Vice Mayor Alonso: That his picture. His face is worth it.
Mayor Suarez: Yeah. I am stumped by this one. Somebody else want to chair
this meeting? From here forward just in case I can't handle it.
Vice Mayor Alonso: You just go home for awhile and come back.
Mayor Suarez: Really. All right. Commissioner, item 17. Who is the bid,
Jim?
Mr. Kay: Low bidder is Barry Construction Inc.
Mayor Suarez: OK.
226 November 12, 1992
t
Commissioner Dawkins: Who?
Mr. Kay: Barry Construction. On the Orange Bowl.
Commissioner Dawkins: Local... Orange Bowl. No, no, no.
Mr. Kay: I am sorry. I am sorry.
Commissioner Dawkins: We are on the marina.
Mr. Kay: I am looking at the wrong one. I am sorry.
Commissioner Plummer: And how much...
Commissioner Dawkins: The pig has gotten to him too.
Vice Mayor Alonso: I know.
Mr. Kay: This is approval of a vendor's agreement for the Dinner Key Marina.
Commissioner Dawkins: Who is doing the work?
Mr. Kay: This is Marina Power.
Commissioner Dawkins: Who?
Mr. Kay: Marina Power Company. They are a Dade County company, 189th Street
and 8th Avenue northwest.
Commissioner Dawkins: What is the total...
Commissioner Plummer: That is Dade County it is not Miami.
Commissioner Dawkins: What is the total cost? What is their low bid?
Mr. Kay: This is a proposal in the amount of... Not to...
Commissioner Dawkins: What is the cost to us?
Mr. Kay: We have negotiated with this firm, and the negotiated amount not to
exceed $601,988.
Commissioner Dawkins: Six hundred and one thousand dollars?
Mr. Kay: Yes.
Commissioner Plummer: That isn't what my agenda item says.
Mr. Kay: Five hundred thousand is...
Commissioner Plummer: Yeah. That is all we are approving.
Mr. Kay: Yeah.
227 November 12, 1992
Commissioner Plummer: That is all we can approve.
Mr. Kay: That was ... -
Commissioner Plummer: We can approve less, but we can't approve more.
Mr. Kay: ... what was on the agenda. We have had meetings with FEMA, and
with... Made additional... -
Commissioner Plummer: Mr. City Attorney.
Vice Mayor Alonso: Why we don't have in our package...
Commissioner Plummer: We cannot...
Vice Mayor Alonso: ... information about the bid?
Commissioner Plummer: Am I correct, sir? We cannot approve an agenda item
more than what is on the agenda item. We can only approve less.
A. Quinn Jones III, Esq. (City Attorney): Yes.
i
Commissioner Plummer: Well, so tell the man that, please.
Vice Mayor Alonso: I have the recommendation, and the resolution.
! Commissioner Plummer: I don't have any bidding.
i
Vice Mayor Alonso: No. I don't. That is what I am asking.
j Commissioner Plummer: Where is the bidding?
i Mr. Kay: Pardon.
Vice Mayor Alonso: The bidding. I don't have any bidding.
Commissioner Plummer: We don't have any bids.
Vice Mayor Alonso: I have a resolution and...
Mayor Suarez: OK. Table the item until we get our act together here on 17.
Vice Mayor Alonso: Yes.
Mayor Suarez: Item 18.
Commissioner Plummer: We have no backup material.
Vice Mayor Alonso: Come back to us.
Mr. Kay: I apologize.
Commissioner Dawkins: And bring me...
228 November 12, 1992
M
Commissioner Plummer: You are going to the poor house in a limousine.
Mr. Carlos Smith (Assist. City Manager)! I believe this is a negotiated bid
not an actual going out for bid. Sole source, I believe.
Commissioner Dawkins: Did you negotiate...
Commissioner Plummer: For a half a million dollars there is no negotiation.
Commissioner Dawkins: Did you negotiate to use some local laborers out of the
labor hall on 62nd Street?
Commissioner Plummer: This was the... He said it was...
Commissioner Dawkins: Did you negotiate that?
Commissioner Plummer: ... the low bid.
Mr. Kay: This was... What we did was we went back to the original...
Vice Mayor Alonso: We accepted the bid.
Commissioner Plummer: Where are the other bids?
Mr. Kay: There are no bids. This is the only bid we considered because this
is the original vendor that put the pedestals and the fire cabinets out on the
piers.
Commissioner Plummer: How do you know that you are getting the best price if
you didn't go out for bidding?
Mr. Kay: Because we have to repair those... He is the only one that makes
those fire cabinets, and pedestals on the piers.
Mayor Suarez: So we did satisfy the negotiated bid process of the City, and
to do that you have to at least be sure that you are in the ball park of what
it would cost, right?
Mr. Kay: Well, yes. We are going by what is required in Resolution 92-551,
which allows us to... Which allows for a waiver of the formal bidding
process.
Mayor Suarez: In competitive bidding. OK.
Commissioner Dawkins: The company is...
Vice Mayor Alonso: Why the wording here says accepting the bid?
Mayor Suarez: Because that is what we are expected to do today. They have
already negotiated, and we have got to accept it.
Mr. Kay: This is a proposal. It is not a bid.
229 November 12, 1992
4*
40
Vice Mayor Alonso: It is not a bid?
Mayor Suarez: Right. Proposal. Commissioner.
Commissioner Dawkins: Yeah,
Mr. Kay: We are dealing with the same company that installed the pedestals
originally.
Mayor Suarez: Commissioner. Right. We know that.
Commissioner Dawkins: The company...
Mr. Smith: It has also been approved by FEMA.
Mayor Suarez: We understand that.
Commissioner Dawkins: That doesn't mean... Where is the company located?
Mr. Kay: They are located in Dade County.
Vice Mayor Alonso: FEMA is the magic word.
Mayor Suarez: Dade County.
Commissioner Dawkins: In Dade County. Dade County where?
Mr. Kay: Well, 18900 N.W. 8th Avenue.
Commissioner Dawkins: Northwest 8th Avenue.
Mr. Kay: That is there... Yes, sir.
Commissioner Dawkins: OK.
Vice Mayor Alonso: When did the...
Commissioner Dawkins: Did you say anywhere, when you were negotiating, that
some local laborers, who are out of work, should be put to work, and don't
tell me that you do not need laborers to repair marina docks because you got
to nail the wood, and what have you. Did you negotiate that?
Mr. Kay: No, sir, we did not. These cabinets, some of them are going to be
taken off the piers...
Commissioner Dawkins: I don't care what... I mean...
Mr. Kay: ... and back to the shop.
Commissioner Dawkins: You know. You keep telling me that FEMA is going to
pay for it. You keep telling me what they are supposed to do, and I am
concerned that no local laborers are going to get into this $600,000. That is
my concern.
230 November 12, 1992
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Mr. Kay: OK. We can Certainty write that into our negotiations with...
Commissioner Dawkins: You have not completed the negotiations?
Mr. Kay: No. We haven't because this price is not to exceed that amount.
So
we have not fully negotiated everything.
Commissioner Dawkins: OK. All right. Put in, as you negotiate, that
some
local laborers have to be used.
Mr. Kay: Yes, sir. We will do that.
Mayor Suarez: Can we build that into our approval of the proposal, Mr.
City
Attorney?
Mr. Jones: Yeah.
Mayor Suarez: All right. With that understanding?
Commissioner Dawkins: So moved with that modification.
Mayor Suarez: So moved. As to item 17 do we have a second?
Vice Mayor Alonso: Second. Yes.
Mayor Suarez: Second. Call the roll.
The following resolution was introduced by Commissioner Dawkins,
who
moved its adoption:
RESOLUTION NO. 92-738
A RESOLUTION ACCEPTING THE PROPOSAL OF MARINA POWER
COMPANY, IN THE PROPOSED AMOUNT NOT TO EXCEED
$601,988.00, FOR DINNER KEY MARINA - REHABILITATION OF
UTILITY PEDESTALS, FIRE CABINETS AND RELATED EQUIPMENT
C DAMAGED OR DESTROYED BY HURRICANE ANDREW, H-1003,
PROJECT NO. 414501, WITH MONIES THEREFOR TO BE
REIMBURSED FROM PENDING INSURANCE CLAIMS AND THE
x FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) IN THE
AMOUNT OF $601,988.00 TO COVER THE CONTRACT COSTS PLUS
ANY ACTUAL REIMBURSABLE DESIGN AND ENGINEERING
EXPENSES; AND AUTHORIZING THE CITY MANAGER 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 Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
231 November 12, 1992
jig
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.
----------------------.---------------------------------..... -----------------
54. AUTHORIZE MANAGER TO RECEIVE BIDS AND ENTER INTO CONTRACT FOR COCONUT
GROVE EXHIBITION CENTER BUILDING RESTORATION H-1004, FROM PENDING
INSURANCE CLAIMS AND FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA).
Mayor Suarez: Item 18. Coconut Grove Exhibition Center.
Mr. Jim Kay: This is a resolution authorizing the Manager to receive bids,
and award a contract for the Coconut Grove Exhibition Center. This is another
FEMA (Federal Emergency Management Authority) reimbursable project. Our
estimated cost for this is $800,000.
Mayor Suarez: OK. This has not gone out yet?
Mr. Kay: No, it has not.
Mayor Suarez: All right. I will entertain a motion on this. Moved.
Commissioner Dawkins: Second. Under discussion.
Vice Mayor Alonso: Wait a second. This is accepting a bid.
Mr. Kay: No, no, no. This is giving the Manager approval to...
Vice Mayor Alonso: Eighteen?
Commissioner Plummer: Yeah. To go out for bids.
Mr. Kay: To go out for bids.
Commissioner Dawkins: Under discussion. Get some laborers to do the roofing,
build up the roofing. Dry wall, you have to have laborers to mix the mud, and
whatever. Get some local laborers involved with this $800,000.
Mr. Kay: Yes, sir. We can build that into this...
Mr. Wally Lee (Assist. City Manager): Let me clarify this one.
Commissioner Dawkins: No further discussion, Mr. Mayor.
Mayor Suarez: Yes.
232 November 12, 1992
Bice Mayor Alonso: We have to clarify the wording.
Mayor Suarez: Why does it say accept a bid, if we are going out for bids now?
Mr. Lee: Commissioners, that is what I am here to explain.
Vice Mayor Alonso: We have to clarify the wording on this item.
Mr. Lee: We were expecting the bids, I believe, on November 5th, however, we
had some problems with the scope of the work, and what FEMA would reimburse.
So we are not ready. We finally came to an agreement with FEMA that it would
not exceed $800,0009 and now we will probably receive bids next week. In
receiving those bids we will follow strictly the procedures for minorities, et
cetera as written in the code.
Commissioner Dawkins: But... Mr. City Attorney.
Vice Mayor Alonso: So even though it say accepting the bid we are not
accepting a bid.
Mr. Lee: That is correct.
Mr. Carlos Smith (Assist. City Manager): That is correct.
Mr. Kay: That is correct, Commissioner.
Commissioner Dawkins: Mr. City Attorney.
Vice Mayor Alonso: We are instructing the City Manager.
Mr. Lee: Again, the reason... The reason we...
Commissioner Plummer: There is no bid yet to accept.
Vice Mayor Alonso: Well, yes, but the wording on the agenda, that is what it
reads.
Mr. Lee: But let me continue.
Mr. Smith: The wording on the agenda is such because we expected the bids to
come in before the Commission meeting today.
Mr. Lee: Right.
Commissioner Dawkins: Mr. City Attorney.
Mr. A. Quinn Jones III, Esq. (City Attorey): Yes, sir.
Commissioner Dawkins: They have bids that they are supposed to open, that
were supposed to have been opened November 5. I have just suggested that they
add a minority... I mean local laborers working. That is not in the bid. Is
that legal?
233 November 12, 1992
r
Mr. Jones: What they can do is... Since the bids haven't been received yet
they can always amend the bid specs to... And advise that that 1s part of the
requirement. So there is no problem with that.
Commissioner Dawkins: OK. Thank you.
Mr. Lee: Yes.
Mayor Suarez: Catch it in time to build that proviso in. With that
understanding do we have a motion and a second.
Vice Mayor Alonso: Move it.
Mayor Suarez: Madam City Clerk, call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-739
A RESOLUTION AUTHORIZING THE CITY MANAGER TO RECEIVE
BIDS AND ENTER INTO A CONTRACT ON BEHALF OF THE CITY
WITH THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER FOR
COCONUT GROVE EXHIBITION CENTER - BUILDING RESTORATION
H-1004, PROJECT NO. 414501, IN AN AMOUNT NOT TO EXCEED
$800,000 WITH MONIES THEREFOR REIMBURSED FROM PENDING
INSURANCE CLAIMS AND THE FEDERAL EMERGENCY MANAGEMENT
AGENCY (FEMA) IN THE AMOUNT NOT TO EXCEED $800,000.00
TO COVER THE CONTRACT COSTS PLUS ANY ACTUAL
REIMBURSABLE DESIGN AND ENGINEERING EXPENSES; AND
AUTHORIZING THE CITY MANAGER 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.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
234 November 12, 1992
xr
---------r---YII- ►--------- -----r---r-r-------
$6, ACCEPT 810: MIRI CONSTRUCTION, FOR ORANGE BOWL PARKING LOT PAVING
PROJECT - PHASE I B-4441.
W---------fib--------------------
-----------------rrr-rr------rrrrrri---
Mayor Suarez: Item 19. Orange Bowl parking lot paving. This was not in any
way related to Hurricane Andrew?
Mr. Wally Lee (Assist. City Manager): No, sir, it is not.
Mayor Suarez: Any questions?
Commissioner Plummer: Yeah. I got a question. Who is it going
to be awarded
to?
Mr. Jim Kay: This is awarded to Miri Construction.
Commissioner Dawkins: Who?
Commissioner Plummer: Their bid is $46,000.
Mr. Lee: Yes, sir.
Commissioner Plummer: Why are you asking for sixty?
Mr. Lee: That was our original estimate, sir.
Commissioner Plummer: It doesn't say that here. The amount of
$60,000. The
bid was forty-six.
Mr. Kay: We are asking for an award of $55,388.07.
Commissioner Plummer: In the amount of...
Vice Mayor Alonso: Why?
Commissioner Plummer: ... sixty thousand.
Mr. Lee: Sir, that was the... If you will see in the front it is cost
estimate sixty thousand.
Commissioner Plummer: OK. But we are accepting it for
the forty-six
thousand.
Mr. Lee: Yes, sir.
Commissioner Plummer: And it is not sixty thousand.
Mr. Lee: That is correct.
Commissioner Plummer: Thank you, sir.
235 November 12, 1992
F7
•
Mayor Suarez: All right. I will entertain a motion on the item.
Vice Mayor Alonso: But the resolution reads sixty.
Mayor Suarez: Not to exceed sixty, but it actually came in lower. All right.
Vice Mayor Alonso: No. It says...
Commissioner Plummer: Further down it says sixty.
Vice Mayor Alonso: Sixty thousand to cover the contract cost and design.
Mayor Suarez: Did you mean to have a different figure there that we can
change by inter -delineation now?
Mr. Smith: That probably should have read "not to exceed" just like it does
in the first sentence.
Vice Mayor Alonso: But it does not say so. It says sixty thousand.
Mayor Suarez: Can we change that?
Mr. Smith: We can change that to "not to exceed sixty."
Mayor Suarez: City Attorney, are we OK to make that change?
Mr. Smith: It is actually forty-six.
A. Quinn Jones III, Esq. (City Attorney): Yeah. The "reso" that is attached
with the cover memo specifically says in an amount not to exceed sixty
thousand, so what you... There is already notice been given that that is the
intent, which you are seeking to do now.
Vice Mayor Alonso: If we know the amount now, why we don't have the exact
amount?
Mr. Smith: We do have the exact amount. I believe it is forty...
Vice Mayor Alonso: We know but in the resolution we have sixty.
Mr. Smith: Because when we went out to print the...
Vice Mayor Alonso: But the Mayor just asked could we write the proper amount,
rather than having the sixty thousand.
Mr. Smith: On the resolution?
Vice Mayor Alonso: Is it possible?
Mr. Jones: Yes, that sounds...
Mayor Suarez: Absolutely.
Vice Mayor Alonso: I think it makes sense.
236
November 12, 1992
•
N
Mr. Jones: Yeah. There is no problem with that.
Vice Mayor Alonso: Since we do know now.
Mr. Smith: We will do that.
Vice Mayor Alonso: Yeah.
Commissioner Plummer: Just read it into the record. Not to exceed forty-six
thousand, whatever the hell that number is.
Vice Mayor Alonso: Or 1t is because we need additional money to cover some
design...
Mr. Jones: Well, you don't even need "not to exceed" it is just a... It will
just be a resolution accepting the bid of "X" company in the amount of,
whatever the dollar amount is.
Mayor Suarez: All right.
Commissioner Plummer: We11, yeah, but no, no, no. The project shall not
exceed forty-six thousand seven hundred and seventy dollars.
Mr. Lee: That was the bid, Commissioner.
Commissioner Plummer: The project shall not exceed. I didn't say the bid.
Mr. Lee: Well, we had an estimate before we went out to bid. We sat down and
figured well...
Commissioner Plummer: Your estimate was wrong.
Mr. Lee: Well, fine. And it could have been lower too.
Commissioner Plummer: It was lower.
Mr. Lee: But that is what the contractor bid so we...
Commissioner Plummer: It was lower.
Mr. Lee: So we are recommending that we award this to the contractor who bid
$46,770.
Commissioner Plummer: That the project... Again, the project will not exceed
$46,770.
Mr. Lee: Not right now. No, sir.
Commissioner Plummer: What?
Mr. Lee: It will not.
Commissioner Plummer: OK. That is clear.
237 November 12, 1992
d
Mayor Suarez: All right. Do we have it solved? It doesn't seem like a
complicated problem, folks.
Mr. Smith: No, no. Forty-six thousand seven hundred and whatever.
Mayor Suarez: Thank you. That will be reflected in the resolution, and it is
so moved.
Vice Mayor Alonso: So now we have the correct amount. Thank you.
Mayor Suarez: OK. Moved by the thank you...
Vice Mayor Alonso: Yes.
Mayor Suarez: The Vice Mayor.
Vice Mayor Alonso: Yes. So moved.
Mayor Suarez: Seconded, Commissioner Dawkins, yes. Call the roll please.
The following resolution was introduced by Vice Mayor Alonso, who moved
i its adoption:
RESOLUTION NO. 92-740
A RESOLUTION ACCEPTING THE BID OF MIRI CONSTRUCTION,
INC., IN THE PROPOSED AMOUNT NOT TO EXCEED $46,770.009
TOTAL BID OF THE PROPOSAL, FOR ORANGE BOWL PARKING LOT
PAVING PROJECT, PHASE I, B-4551; WITH MONIES THEREFOR
BEING ALLOCATED FROM THE FISCAL YEAR 1991-92 CAPITAL
IMPROVEMENT ORDINANCE NO. 10938 PROJECT NO. 404238, IN
THE AMOUNT OF $46,770.00 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 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.
238 November 12, 1992
,Y�.iw wi.i. W YY rfi Yir W W r�----- W--------------------w---rr-7------r------------fir------ W ---
56. INSTRUCT ADMINISTRATION TO WORK WITH SPORTS AND EXHIBITION AUTHORITY FOR
AGREEMENT CONCERNING CAPITAL IMPROVEMENTS OF MELREESE GOLF COURSE -�
CITY TO KEEP CONTROL OF SAID FACILITY.
-----Y--------W------- ------------------------r-rr--rrrr-fir-----------------
Mayor Suarez: Item 20. Do we need to do anything on that, Bill?
Mr. Bill Perry: At the October 8th Commission meeting, we were instructed,
the Miami Sports and Exhibition Authority was instructed to conduct a public
meeting out at Melreese. It took place last week, November 4th, and there
were three major issues that came out of the meeting. One of them was that
the individuals that did show up were in favor of the improvements to the golf
course, and number two, was that they wanted the City Commission to remain in
control. That being any decision that were made would have to come back to
this Commission in terms of our discussions and/or negotiations amongst the _
Sport Authority, the Administration and the City Attorney's office. Also they
wanted... The residents wanted to make sure that the golf course remained as
a golf course, and that why we are here to give that report, and to also,
hopefully, get your instruction to instruct the Administration to work with us
to begin discussions to bring an arrangement back to you. So, so far as...
Mayor Suarez: All right. Recommended by the Chairman of the authority? I
see he is nodding yes. OK. Do you need it then in a form of a motion?
Commissioner Plummer: Yeah.
Mr. Perry: Yeah.
Mayor Suarez: I so entertain.
Vice Mayor Alonso: So your request specifically is?
Mayor Suarez: Administration to work with the Authority to begin...
Mr. Perry: The Administration to begin form discussions with us, with the
Authority, and the City Attorney's office, and bring back an arrangement, an
agreement, to this Commission to make capital improvements to the golf course.
Vice Mayor Alonso: Yeah. And you will go back to the community. They had
serious concerns...
Mr. Perry: Sure.
Vice Mayor Alonso: ... about what the authority is, what it does.
Mr. Perry: Sure. We...
Vice Mayor Alonso: Also they fear that they might lose the control of the
park. They also stated that they would like the Commission, the elected
officials, to be in control of the park.
239 November 12, 1992
Mr. perry: Sure.
Vice Mayor Alonso: They felt it was the guarantee that they needed for the
future. Today, ten years from now, twenty years from now, rather than going
to the Authority.
Mr. perry: Sure. I understand. And we have had the opportunity to meet with
them.
Vice Mayor Alonso: How are we going to address all of these issues, and at
the same time work with the Administration?
Mr. Perry: Well, first of all we have to begin discussions with the
Administration, and include the neighborhood and the community in those
discussions to give them a update. We have had an opportunity to talk with
several of them since the meeting because... to respond to some of their
concerns. Who we were. How we were created. The various appointments that
were made to the board which were made by this Commission. And, you know,
things of the like. And the legal questions as far as our involvement. I
think we have answered that. That we can make those capital improvements.
Commissioner Dawkins: Madam City...
Mr. Perry: When we got to that point.
Commissioner Dawkins: Madam Vice Mayor.
Vice Mayor Alonso: Yes.
Commissioner Dawkins: This morning we passed a resolution which said that
those who are chairpersons of committees must report back any action taken,
and I will assure you that as we move forward with this, each Commissioner
will know what we are doing, and the community will also be made aware.
Mayor Suarez: Very good. All right.
Vice Mayor Alonso: Thank you.
Mayor Suarez: OK. Thank you for the report, and I will entertain a motion to
the affect of what you have suggested. I think it is fairly clearly
understood, and all the provisos and caveats and...
Vice Mayor Alonso: Yes. Because I was present at the meeting and there was
serious concerns. Also there was some support in the community. All the
members of the people who live in the areas as well as people that go and
play. They were supportive of the idea of fixing the golf course. No
question about that. But then when it comes to who is going to be in charge
of the facility, they had serious concerns.
Mr. Perry: Yes. It is definitely our intent not to come in and take charge
of the facility.
Mayor Suarez: Very good.
240 November 12, 1992
Mr. Perry: Just primarily make the improvements.
Vice Mayor Alonso: Also the authority was not ready to say in what terms were
you going...
Mr. perry: Yeah. Well that is why we wanted...
Vice Mayor Alonso: Exactly.
Mr. Perry: .. to being. Through your action here today we will begin those
discussions.
Commissioner Plummer: Well, wait a minute. Excuse me. Just so we are not
kidding at each other. The proposal, as I have heard, is that the City would
turn this over to the Sports Authority.
Mr. Perry: No. That is not correct.
Commissioner Plummer: That is not correct?
Vice Mayor Alonso: Well...
Mr. Perry: That is not correct.
Vice Mayor Alonso: ... in that the community is going to put a battle.
Mayor Suarez: No. The community is resisting that strongly, and we are, of
course, not going to take that step today, but I don't think we are ever going
to take that step because the community, I think, would oppose it, J.L.
Vice Mayor Alonso: Yeah. The community would oppose. They say they would
like to be in control of the park. They want that ten years from now, twenty
years from now, it remains a park. They don't want the airport to have the
construction there. They don't want a developer to come, and have a hotel in
the middle of that. So they want guarantees, and I think they have every
right in the world to have guarantees that the park is going to be a park.
Mayor Suarez: And the best guarantee id the ability to defeat us if we do
something that they don't particularly like.
Commissioner Plummer: What then does the Sports Authority hope to accomplish
if it is not going to be turned over to you? What are you going...
Mr. Perry: Well, our primary objective, Commissioner, is to...
Mayor Suarez: To the capital improvements.
Mr. Perry: ... improve the facility. To maintain... To upgrade it into the
condition that it once was.
Commissioner Plummer: But are you then going to provide the funding for that?
Mr. Perry: That is correct.
241 November 12, 1992
Commissioner Plummer: And not retain control?
Mr. Perry: No.
Commissioner Plummer% OK.
Vice Mayor Alonso: Is it possible, legally?
Commissioner Plummer: Well, that is... You know...
Mr. Perry: Well that is what we want to bring out in the discussion.
Vice Mayor Alonso: I beg your pardon?
Mr. Perry: That is why we are going to...
Vice Mayor Alonso: Yes. Can we?
A. Quinn Jones III, Esq. (City Attorney): It can be explored.
Vice Mayor Alonso: That is fine.
Mayor Suarez: All right. We will check it out. With all those provisos in
mind, we have a motion?
Commissioner Dawkins: Yes. Um-hmm.
Mayor Suarez: Ms. Morales.
Commissioner Dawkins: Well we got one more. A citizen wants to be heard.
Ms. Elba Morales: I would like to ask a question. My name is Elba Morales
and I work with the Grapeland Heights Association, and I was at the meeting
and some of what was mentioned there was that there would be a deed, and
immediately when someone mentioned... He didn't mention a deed but he said if
the neighbors want to make sure all you need to do is have the attorney put a
reverter clause, and I said, what? He said, well you don't know what a
reverter clause is. I said I certainly do. I happen to know what it is. So
you are now talking about a deed somewhere because in order to have a reverter
clause thal"t means there is a deed somewhere. He says, yes, that is the way
it is done", but you can have the attorney explain it to you. So I would like
somebody t^o explain that to me, because when they are talking about a deed
going on in that park, I really would like to know what it is. I have spoken
to Mr. Perry about it, and I told Mr. Perry to please keep the neighborhood
Association informed as to what steps that they have taken, but I would really
like to know what they meant when they spoke about a deed. I presume that you
know what...
Mayor Suarez: Well, it is water under the bridge because we have made it very
clear today that there is not going to be any real control over the facility,
let alone deeding it over so that if somehow in a fee simple ownership of the
Authority. So I wouldn't worry too much about that. But it is a good
clarification to make.
242 November 12, 1992
t
Ms. Morales: Because the problem with the association. The problem with the
neighborhoods. We would like to see the park, of course... People being able
to go there, and the park, perhaps, making some money for the City. That is
not the problem. Now, the problem is that we would like to see the five
Commissioners who sit there be the ones who we can come back to because you
are the elected officials. We don't elect the board.
Mayor Suarez: Right.
Ms. Morales: We have nothing to do with the Authority. Now, with you we
elect you, and if we don't like what you are doing we can always go and vote
against you, which we can't do with them. So that is our biggest problem.
How it is going to be handled, and I want you to understand it is nothing that
the association is not in favor of, 1t is just the way that it is going to be
done.
Mayor Suarez: All right.
Vice Mayor Alonso: Now I understand why they wanted five year terms.
Mayor Suarez: Your comments are well taken. You might want to get back to
them and tell them that today we have rejected that idea and gave them two
year terms. I just want to... Thank you.
Ms. Morales: Thank you, sir.
Mayor Suarez: I just want to tell the distinguishes radio personality, Tomas
Garcia Fuste, that it is not a typical situation here in City Hall to have a
well dressed and well behaved pig. I am still not sure what that all means.
There is a sign that seems to go with it that talks about pot bellied
somebody, and I am sure that is not a reference to anyone anywhere near that
pig or otherwise...
Vice Mayor Alonso: And I am sure... I am glad they brought only one, not
four.
Mayor Suarez: Or anyone living or in anyway related to any of us who are
living, but we will get to that at some point, I presume. Item... Thank you,
Bill.
Commissioner Dawkins: OK. What do we do?
Mayor Suarez: Oh, I am sorry. Call the roll on that motion.
Ms. Matty Hirai (City Clerk): We don't have a motion, Mr. Mayor.
Mayor Suarez: Al right. Give me a motion please, someone, that reflects
what we did.
Commissioner De Yurre: Moved.
Mayor Suarez: Commissioner De Yurre.
243 November 12, 1992
Commissioner Plummer: I'll second the motion for the purposes of a discussion
that has to come back to us.
Mayor Suarez: Very good.
Commissioner Plummer: That is no problem as far as I am concerned.
Commissioner Dawkins: It will be brought back, Commissioner.
Vice Mayor Alonso: Yes.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Be Yurre, who moved
its adoption:
MOTION NO. 92-741
A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION
TO BEGIN FORMAL DISCUSSIONS WITH THE MIAMI SPORTS AND
EXHIBITION AUTHORITY AND WITH THE CITY ATTORNEY'S
OFFICE TO DRAFT AN AGREEMENT FOR THE PURPOSE OF MAKING
CAPITAL IMPROVEMENTS TO THE MELREESE GOLF COURSE AND
PRESENT IT TO THE CITY COMMISSION FOR ITS
CONSIDERATION AND FINAL DECISION; FURTHER STIPULATING
THE CITY OF MIAMI WILL CONTINUE TO BE IN CONTROL OF
SAID GOLF COURSE.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Dawkins: Mr. Mayor, can we finish the other two Sports
Authority...
Mayor Suarez: Yes, sir.
Commissioner Dawkins: ... items now, please? Are you ready with the item for
the... You are not ready?
Commissioner Plummer: No. He is not ready.
Commissioner Dawkins:: OK. Thank you. No problem.
Mayor Suarez: Very good. Item 22.
244 November 12, 1992
Vice Mayor Alonso: 1 don't think he or she likes me.
Commissioner De Yurre: Mr. Mayor, 1 would like to announce at this time that
around seven o'clock I am going to be leaving for personal reason.
Commissioner Plummer: Well, wait a minute. What happened to 21?
57. COMMISSIONER DAWKINS SEEKS DIRECTION FROM CITY COMMISSION CONCERNING
LOBBYING EFFORTS RE PROPOSED DADE COUNTY TWO PERCENT (2%) FOOD AND
BEVERAGE TAX.
Mayor Suarez: Item 21. Sorry. What do you want to say about that? I know
that there was some press reports of meetings between County officials, I
believe. I don't know that anybody from the City was involved in that, but
a...
Commissioner Plummer: Well, Mr. Mayor, I think what they are asking for is
our input on this item, and I think that we as a Commission have the right to
know where this money is going, and what restrictions are being placed on this
money. Is it going to affect the small mom and pop operations?
Mayor Suarez: We have communicated with the County. I have communicated and
copied Commissioner Dawkins, and we have communicated to one another to make
sure that the County understands what we have said so far about it, and what
we have said so far about it is we think that the bulk of the money should go
for homeless and economic development.
Commissioner Plummer: Managed by who?
Mayor Suarez: We never got to that, and, secondly, we have said that we want
to exclude and exempt any mom and pop operations. We never got to the point
of how that would be defined...
Commissioner Plummer: Yeah.
Mayor Suarez: ... but one definition that was advanced had to do with any
company that had less than $50,000 a year, I think, in gross. I don't know
how much farther than those two criteria or parameters we can go, but if you
want to...
Commissioner Dawkins: The other thing I need is some directions, from the
Commission, in that, you know, somewhere along the lines the cup runneth over.
Commissioner Plummer: That was a long time ago.
Commissioner Dawkins: OK? First we were told to pass the Jackson Memorial
one cent tax. You passed that. All right. Then came along... What is the
other one we passed?
245 November 12, 1992
w
Commissioner Plummer: Miami Dade?
Commissioner Dawkins: No. Before that. Another one.
Commissioner Plummer: Oh, you passed an additional penny on the Sports
Authority.
Commissioner Dawkins: Right. And then we passed the one cent Miami Dade.
Vice Mayor Alonso: Yes.
Commissioner Dawkins: Now you are coming back talking about passing another
penny. You know, we are just taxing people to death a penny at a time.
Vice Mayor Alonso: Um -hum.
Commissioner Dawkins: Somewhere along the lines somebody has to realize that,
we the citizens, pay these one cents, and as J.L. says, one plus one is two,
two and two is four, four and four is eight, and pretty soon we are at ten.
Mayor Suarez: Did he say that?
Commissioner Dawkins: Um -hum.
Commissioner Plummer: But wait a minute. Let me tell you where I got my major
problem. This is on food and beverage. OK. The one prior to this was on
hotel rooms. The primary purpose of this is that I would say that roughly
forty percent (40%) of this is going to be raised in the City of Miami. If we
are not going to get back at least the amount that is raised within the City
of Miami, I think we ought to go absolutely against this item.
Mayor Suarez: Right.
Vice Mayor Alonso: You will not get it.
Commissioner Dawkins: OK. Well, let me tell you where I am. OK. I am
against it. I don't understand why you are going to take money and raise it,
and give twenty-five percent (25%) of what is raised to culture. Culture
what? Culture does not help anybody in my neighborhood.
Commissioner Plummer: Doesn't put any food on the table.
Commissioner Dawkins: They do not put any cultural shows in my neighborhood.
There are no cultural events in my neighborhood, but yet, and still, you want
to take this penny, or whatever it is, take twenty-five percent (25%). one
fourth of what is raised, and give it to culture, and I will never see me and
my residents, and my neighbors will see at penny of it. The other part of it
that really gets me, J.L., is the balance will be for Convention Visitors
Bureau. You know, Mr. Sterheim has 80 employees now. This is nothing more,
this two percent (2%), than the convention and visitors bureau's relief act.
Now, if they are sincere, and they want to do something...
Commissioner Plummer: Where is Pajares?
246
November 12, 1992
Commissioner Dawkins: ..* then take... I will go to Tallahassee with them...
Commissioner Plummer: How much are they getting now?
Commissioner Dawkins: ... and say to them, you take sixty percent (60%) of
what is raised, give it to the City of Miami to address the homeless needs.
If you say this is for the homeless, fine. Give sixty to seventy-five percent
of 1t to the homeless.
Mayor Suarez: You know what?
Commissioner Dawkins: Then take the rest of the twenty-five percent (25%),
then you can play with culture, and they got five percent (5%) for economic
development. What can you do with five percent (5%) in Dade County, or even
the City of Miami talking about economic development, five percent (5%)? And
they got the other ninety-five percent (95%) and going some place else with
it. But I will be guided by the desires of the members of this Commission,
and I was supposed to meet with the County Manager this morning, but I
informed him I could not meet with him until I know what this Commission wants
me to tell him.
Commissioner Plummer: Well let me tell you where I am at. OK.
Mayor Suarez: J.L., let me try to resolve 1t and synthesize so that
we can...
Commissioner Plummer: OK. Here is what I am going to vote for.
Mayor Suarez: All right.
Commissioner Plummer: Right now. Referendum of the people. Let them decide.
Everybody that I talked to says that we are taxed to here.
Mayor Suarez: Wait. Wait. But...
Commissioner Plummer: No more taxes. Read my lips.
Mayor Suarez: Commissioners, please.
Vice Mayor Alonso: But in this issue we have to express ourselves.
Commissioner Plummer: If the people want it...
Vice Mayor Alonso: Be careful with those words.
Mayor Suarez: On this issue, Commissioner...
Commissioner Plummer: Hey, I am here another three years, you might
not be.
Mayor Suarez: All right.
Commissioner Plummer: I can afford to use those words. Hey, I am
saying my
vote is predicated on a referendum of the people. OK? Now... Oh,
sure that
means absolute defeat. Well, maybe it should be.
247 November 12, 1992
Mayor Suarez: All right. Commissioner.
Commissioner Plummer: I am tired of paying taxes.
Mayor Suarez: Commissioner, this is in the form of a basically a...
Vice Mayor Alonso: Procedure.
Mayor Suarez: ... tourist tax.
Commissioner Plummer: No, sir, it is not. It is on food and beverage.
Mayor Suarez: Right. And it is typically going to impinge, or at least there
is an estimate that it is going to impinge, to a great extent, on people
coming in from out of town. If you exempt these mom and pop stores, et
cetera. What I suggest is the City of Miami Beach has a similar tax on the
books. We, in effect, are forgoing the possibility of having such funds
collected in the City of Miami facilities. What I wi11 suggest is that we
make a flat out... We go ahead and take a stand... I will wait for all the
visitors to be out, human and otherwise. What I suggest is we go ahead and
take a stand and do it unanimously that says the following. Like Miami Beach
levies and collects its own tax, we levy and collect our own tax, and we will
set the priorities. I have a feeling, Jim, that it is going to be basically
very much the kinds of things that are close to your heart, much less priority
to some of the cultural endeavors that some other people would like. I mean
we got a very poor City as far as the citizens of our community. We want to
try to help them out. We have got to somehow tie that into the industry from
which the monies are raised, because otherwise we don't comply with State law,
and maybe that is what we have to just tell them very clearly. We want to
have control. Commissioner Dawkins suggested sixty percent (60%). Maybe we
ought to say we really ought to have the ability to levy and collect it
ourselves and have control over a hundred percent (100%).
Commissioner Plummer: I'll buy that.
Mayor Suarez: Is it not the correct mechanics that I just explained for the
Beach? Don't they raise their own levy and collect it?
Commissioner Dawkins: Yes.
Commissioner Plummer: They have VCA.
Commissioner Dawkins: Yes. Uh-hum.
Mayor Suarez: So, you know, somehow Miami Beach, and I think one other...
Unidentified Speaker: Surfside.
Mayor Suarez: Surfside. ...got to the legislation...
Unidentified Speaker: Bal Harbor.
Mayor Suarez: Bat Harbor. ...got to the legislature some years ago and
manage to be themselves the entity that collects. We, who are the oldest
248 November 12, 1992
r-
municipality in Dade County, somehow were left out of that procedural
leadership and now are begging all the time to the County...
Commissioner Plummer: ...legislative...
Vice Mayor Alonso: But we should be doing exactly the same.
Commissioner Plummer: ...legislative action?
Mayor Suarez: And I think that...
Vice Mayor Alonso: Going back and say, the time has come...
Mayor Suarez: Maybe that's the only way to deliver a message. I mean...
Vice Mayor Alonso: The time has cane in which we would like to be in charge
of our own...
Mayor Suarez: OK. The only danger, of course...
Vice Mayor Alonso: ...distribution of funds and just do it.
Mayor Suarez: ...is that we do that, we pass that resolution, and they still
pass the State law as they want, and they have the ability for the County to
levy and collect, and now all we have is the screaming power. But I think we
ought to take a stand. If that's what you want to do, maybe that's we ought
to tell them.
Commissioner Plummer: Are we still going to go strong, as we talked before,
Miller, about going to the legislature to remove home -rule from Metro?
Commissioner Dawkins: Yes.
Commissioner Plummer: OK. I just want to make sure of that.
Mayor Suarez: All right.
Commissioner Dawkins: But what do I tell them... Now, what do I tell the
City... the County Manager in the morning about this two percent tax?
Mayor Suarez: I think we want to have the ability to levy and collect it, and
appropriate it ourselves.
Commissioner Dawkins: OK. And we will go... We will be fighting in
Tallahassee for the right...
Commissioner Plummer: If we don't have 100 percent control of the money, it
has to go to a referendum. That's where I'm at.
Commissioner Dawkins: OK. Wait. OK.
Mayor Suarez: Although...
Commissioner Plummer: You asked me for my opinion, I'm giving it to you.
249 November 12, 1992
Commissioner Dawkins: OK. Wait. Now... So, what you're... There will be
no special session, because you've got 20 / 20. You've got 20 republican
senators for the State and 20 democrats. So, now if there is no special
session, this will probably come up at the regular session. At that time, we
will be lobbying for two things. I hope... I want to be sure I understand.
The levy the tax in the City of Miami, with the City of Miami receiving 100
percent of the revenue to utilize for the citizens of the City of Miami?
Commissioner Plummer: Correct.
Commissioner Dawkins: That...
Commissioner Plummer: Or...
Commissioner Dawkins: And we will also be attempting to break the home -rule
Charter, where Dade County dictates to us, as a stepchild, what we should or
should not do, and we want to be able to call...
Commissioner Plummer: Excuse me. There's a...
Commissioner Dawkins: ...some of these shots ourselves.
Commissioner Plummer: For my vote, Miller, there's a B portion to the
original motion. In lieu of the City having 100 percent control of the money
that's generated from within the City... In lieu of that, then a referendum
of the people.
Commissioner Dawkins: Then... OK. I hear you. OK?
Commissioner Plummer: That's my vote.
Commissioner Dawkins: Then that means there will be no tax.
Commissioner Plummer: Well, so be it.
Commissioner Dawkins: Because the people are going to... I mean nobody out
there is going to vote to tax themselves. OK. I understand clearly. Is that
the consensus of the Commission?
Mayor Suarez: I would generally favor the concept, but I would also have an
in lieu of, which is if they agree to make the great majority of the funds
available for homeless needs, within the City of Miami. I would be inclined
to...
Vice Mayor Alonso: No.
Commissioner Plummer: You know that's not going to happen, Mr. Mayor. That's
the problem.
Mayor Suarez: Well, but I want to leave it out, because I want them to get
the message that that's the way I feel about it.
250 November 12, 1992
Commissioner Plummer: Weil, OK. If I thought that that was the case, I'd
feet differently, but we know what reality is.
Commissioner Dawkins: All right. I've heard from two Commissioners. I need
to hear from two more now.
Vice Mayor Alonso: Well, I'm basically against that tax, but 1f we have to go
into that direction, I think 100 percent City of Miami should be responsible
of how we use the funds.
Commissioner Dawkins: OK. Commissioner De Yurre?
Commissioner De Yurre: I believe that there's no question that I concur with
the thought that we're taxed to the hilt. However, if there is this
possibility of it coming down, and we're in a position to control the tax, or
at least our proportionate amount, then, you know, we'll go that route. You
know, if push comes to shove, I have no problem not having the tax.
Commissioner Plummer: Let me ask you, Mr. Mayor, you made a comment...
Commissioner De Yurre: But if we're going to have it, we'd better control it.
Commissioner Dawkins: OK. Thank you.
Commissioner Plummer: What was your comment in reference to, below a
certain... Was it an annual rate, was...
Mayor Suarez: They were talking about a $50,000 a year gross receipts, at one
point. That was a... That was what they called...
Commissioner Plummer: Gross receipts would be approximately $4,000 a month.
Mayor Suarez: Right. Small...
Commissioner Plummer: Or roughly a little over $100 a day?
Mayor Suarez: Right.
Commissioner Plummer: Is there a restaurant around that does less...
Mayor Suarez: Well, $200 a day for one that is open five days a week. It was
something that they felt was defensible under State constitutional guidelines.
There may be others. You could maybe make it $100,000...
Vice Mayor Alonso: Wei I, if that is the case, it wiII come back to us...
Commissioner Plummer: No, that's reserved for the pig.
Vice Mayor Alonso: ...and then the Commission will make a decision at that
point, and support.
Mayor Suarez: Or it would be done by the legislature and would totally ignore
use
251 November 12, 1992
Commissioner Mummer: No. That's the pig's seat.
Vice Mayor Alonso: Now... That's right.
Commissioner Plummer: And you don't look like a pork chop.
Mayor Suarez: OK. Item 22.
Vice Mayor Alonso: Now...
Mayor Suarez: Yes. I'm sorry, Commissioner.
Vice Mayor Alonso: Since we are on this item, why don't... Is it clear that
also we would like to work with the legislators in reference to the inter -
local agreement and changing the law as the City of Miami collecting directly
all the funds? I don't think that we should go ahead and renew the inter -
local agreement. The expiration date, Tony, is for the inter -local agreement
now, the one we signed...
Commissioner Plummer: Oh, no. I stopped that this morning.
Vice Mayor Alonso: No, no. But it was... When is the expiration date?
Mr. Tony Pajares: Next year. One more year.
Vice Mayor Alonso: Next year.
Mr. Pajares: This year and another year.
Vice Mayor Alonso: OK. We have to start working now, so that we will have it
in effect.
Commissioner Plummer: That's what I said. Yeah.
Mr. Pajares: You have the option of cancelling the agreement any time you
want though.
Vice Mayor Alonso: Yes. But we will have to have something in effect that
will give us the power to collect our own taxes as well.
Mr. Pajares: Yes, ma'am.
Vice Mayor Alonso: And it's very important because then we will be using the
funds.
Mayor Suarez: All right.
Vice Mayor Alonso: And using them properly. Thank you.
Mayor Suarez: That's as to the Resort Development Tax...
Vice Mayor Alonso: Yes.
Mayor Suarez: ...and the Tourism Facilities Development.Tax. Both the...
252 November 12, 1992
Mr. Palares: the bed tax.
Mayor Suarez: Right. The so-called bed tax.
CarmissIoner Plummer: Cxcuse me, Mr. Mayor.
Vice Mayor Alonso: I think we made a mistake In accepting the Inter -local
agreement for such a long time.
Cammissioner Plummer: Mr. Mayor?
Mayor Suarez: Yes, sir.
Ccrmissioner Plummer: Ccnmissloner Dawkins, there Is another time.
Vice Mayor Alonso: Yes.
Ccmnissioner Plummer: We have sent to each member of the Carmission a grant
that we have applied for for the legislature for the International Trade
Board. It Is a grant for $100, 000 and I do feel that that Is a very, very
necessary...
Vice Mayor Alonso: Yes.
Ommissioner Plumper: ...thing to be pursued.
Cam IssIoner Dawkins: One hundred thousand dollars for the International
Trade Board, J.L.?
Carmissioner Plummer: International Trade.
Mayor Suarez: OK.
Ccnmissioner Plummer: We've already put the grant in. My executive director
appeared before the first board yesterday, the second board next week, and
then will go before the legislature In the regular session.
Mayor Suarez: OK. Item 22, resolution approving...
Mr. Duke McBride: On Item 21, Mr. Mayor...
Vice Mayor Alonso: Mr. Mayor...
Mayor Suarez: Sir?
Mr. McBride: On Item 21.
Carmissioner Dawkins: What about it?
Mayor Suarez: What would you... As Cannisslon discussion, Duke, what do you
want to add to it?
253 November 12, 1992
•
Mr. McBride: I'm just trying to indicate that the Governor's commission and
Mr. Menendez, Andy Menendez, the Homeless Czar that the County has recently
appointed, are leaning towards having the bulk of this go towards and be
dedicated to homeless issues.
Mayor Suarez: We haven't seen that breakdown in the paper quite that clear,
but if that was the case...
Mr. McBride: And►..
Mayor Suarez: ...you've got my support, but there are other Commissioners
here who would not necessarily... that would not necessarily be enough for
them to support it.
Vice Mayor Alonso: They told me that you were going to like 20
percent.
Commissioner Plummer: Can I ask, what does this Homeless Czar do, besides get
a big salary? I don't know what the Homeless Czar is doing.
Mr. McBride: Well, speaking as the new President of the board of Better Way
of Miami, Inc...
Commissioner Plummer: My condolences.
Mr. McBride: ...as volunteer basis, I know that he is...
Commissioner Plummer: What does the Homeless Czar do?
Mr. McBride: ...coordinating the efforts of all of the homeless providers...
Commissioner Plummer: You know, I have...
Mr. McBride: ...and he is, and answers to, only to the County Manager.
Commissioner Plummer: What does he accomplish is my question?
Mr. McBride: And that was part of his agreement for taking that position, and
it gives us an opportunity, as providers for the homeless, to get to...
directly to and directly from senior administration officials.
Commissioner Plummer: I ask my question again. I have a sign in my office,
that you have seen many times. The only way to measure ability is in results.
What results has this so-called Czar produced? I don't know of any. The
homeless situation, in my estimation, is worse. It's not better. And we keep
throwing money and keep throwing people... I want to know what's being
accomplished. I don't see anything being accomplished. But I keep hearing
about czars, and bigwigs, and "botellas"...
Mr. McBride: Well, keeping in...
Commissioner Plummer: ...and all of the rest of them. What are they doing?
254 November 12, 1992
Mr. McBride: Keeping 1n mind that Mr. Menendez didn't vacate his previous
position with the County until just recent weeks.
Commissioner Plummer: What is he doing?
Mr. McBride: He was the County's lobbyist 1n Tallahassee and Washington, and
then he had to...
Commissioner Plummer: What is... If he now is the Czar...
Mr. McBride: ...wipe clean...
Commissioner Plummer: If he now is the Czar, what is he doing?
Mr. McBride: He's coordinating efforts with the State of Florida, which I'm
sure Mr. Towey can elaborate on, that are greater.
Commissioner Plummer: What results?
Vice Mayor Alonso: I believe... No. They just started... To be fair with
him, they just started and...
Commissioner Plummer: What happened to the lady?
Mr. McBride: He's only had three weeks, J.
Vice Mayor Alonso: ...he 1s trying to lobby Tallahassee and the federal
government, and they were discussing, a couple of days ago, the possibility of
obtaining $18,000,000 and they are working also in another grant.
Commissioner Plummer: Miriam, my point is that everybody...
Vice Mayor Alonso: Accomplished? Nothing. He started about three weeks ago.
Commissioner Plummer: OK. That's my point. Everybody is talking about...
Vice Mayor Alonso: Not yet.
Commissioner Plummer: ...what the homeless, but nothing's being done. We
keep having more people...
Mr. McBride: Including finding a dedicated source of funding for the issue.
Commissioner Plummer: What happened to the lady that we had with DDA
(Downtown Development Authority)?
Vice Mayor Alonso: What do you mean? Livia Garcia?
Unidentified Speaker: Livia? She's still there.
Commissioner Plummer: Yeah. Where is she?
Vice Mayor Alonso: She's very well and alive.
255 November 12, 1992
_
Mayor Suarez: She's our Homeless Coordinator.
'. Commissioner Plummer: And what 1s she doing?
' Mayor Suarez: Half of her salary paid by ODA, half by the City. And she's
the one coordinating our pileup program in downtown and under the expressway.
It's been very successful.
Vice Mayor Alonso: She's doing an excellent job.
Mr. McBride: The DAP (Downtown Assistance Program) program.
I Vice Mayor Alonso: Yeah.
Mayor Suarez: And, of course, DAP... right, downtown assistance.
Vice Mayor Alonso: And she doesn't have the funding to carry on what is
needed, to tell the truth.
Mr. McBride: She doesn't.
Mayor Suarez: I wish you could replicate that 50 times over, or 100 times
over. —
Vice Mayor Alonso: I just hope that the County will provide that, through the —
efforts of Mr. Menendez, and Jorge Luis Lopez, and so on.
Mr. McBride: Yes.
Vice Mayor Alonso: I hope so.
Commissioner De Yurre: You know, J.L., they are also... My understanding is
they've identified like two or three parcels of land. Like 14 acres, 10
acres, that they're looking at to start building some type of homeless
facility.
Commissioner Plummer: Not in the City.
Commissioner De Yurre: No, not... There aren't any 18, or 14, or 10 acre
L sites in the City.
9
Vice Mayor Alonso: That's right.
Commissioner Plummer: Yes there are. There are two.
Commissioner De Yurre: Which ones?
Commissioner Plummer: And that's what scares me.
Commissioner De Yurre: Which ones?
Commissioner Plummer: You've got the Buena Vista...
Vice Mayor Alonso: Please.
256 November 12, 1992
a.
M1 s5�l�l i t -
Commissioner Plummer: ...which is the FOC track, which is more than 14 acres.
Mayor Suarez: Fifty-five acres.
Commissioner Plummer: Huh?
Commissioner De Yurre: No, no. Out that's our...
f
Mayor Suarez: Fifty-five acres.
Commissioner De Yurre: That's owned by the City. —
1
Commissioner Plummer: OK. You've got Watson Island.
Mayor Suarez: OK.
Commissioner De Yurre: That's owned by the City again.
1
Commissioner Plummer: OK.
+ Mayor Suarez: All right. We're going on to the next item, unless anyone else
has anything...
Commissioner Plummer: And you've got a ten acre track up in there... a
i trailer park.
Commissioner De Yurre: And we've got the rooftop of the First Union Building.
Commissioner Plummer: That's good.
Commissioner De Yurre: Yeah.
------------------------------------------------------------------------------
58. RATIFY EMERGENCY ACTION OF CITY MANAGER IN FINDING THAT INSTALLATION OF
LARGE SIGN AT ORANGE BOWL STADIUM PRIOR TO TELEVISED HURRICANE GAME WAS
AN EMERGENCY, ETC.
------------------------------------------------------------------------------
�1 Mayor Suarez: Item 22, approving and confirming by 4/5ths affirmative vote,
installation of a large sign at the Orange Bowl Stadium. Any problems with
q this? If not, I'll entertain a motion on it. -
Vice Mayor Alonso: No.
Mayor Suarez: Thank you.
Vice Mayor Alonso: So moved.
Mayor Suarez: Moved. Seconded by Commissioner De Yurre who is gesturing to
that effect.
257 November 12, 1992
OOv i
1
MEEMMMMMW
i
Commissioner De Yurre: Well, what are these signs going to say?
Commissioner Plummer,. Seventy-five hundred dollars for a sign in the Orange
Bowl
Commissioner De Yurre: That we get the $7,500?
Mayor Suarez: This was done prior to October 3, 1992, sir. So, hopefully,
I
you'll be favorable on the vote and 4/5ths of us will. Otherwise... _
Commissioner De Yurre: What are they going to do with these signs? Question. -
Mayor Suarez: What sign was it, Tony?
Vice Mayor Alonso: We are ratifying an action that we...
Mr. Tony Pajares: Commissioner, that's the sign that says, "The City of Miami
welcomes you to the Orange Bowl."
i�
Commissioner De Yurre: OK. -
_
Mayor Suarez: That's kind of important.
Mr. Pajares: The old one was... That's what it is.
4�
Commissioner De Yurre: And what...
Mayor Suarez: Even if it's after the fact.
Commissioner De Yurre: So, what are you going to do with it?
{�
Mayor Suarez: It's ratifying...
'f
Mr. Carlos Smith (Assistant City Manager): It's there. It's already
r'
installed.
Mayor Suarez: We had to spend the money to do it.
ij
x
Commissioner Plummer: It's what?
#,
is
Mr. Smith: It's installed.
Vice Mayor Alonso: This is ratifying an action...
Mr. Smith: It's been there since the first game.
=l Commissioner De Yurre: OK. But it's not an advertising sign. It's not...
1, Commissioner Plummer: It used to be there until you sold it away. I'm not
voting for it. You all do what you want.
' Commissioner De Yurre: Well, I need you to explain to me exactly what we're
talking about. What have you done already...
258 November 12, 1992
T �
t
Commissioner Plumper: Seventy-five hundred dollars. That's what we're
talking about.
Mr. Pajares: Commissioner, the sign that said, "The City of Miami welcomes
you to the Orange Bowl"...
Commissioner Plummer: That's right.
Mr. Pajares: ...which is always televised...
Commissioner De Yurre: Uh-huh.
Mr. Pajares: ...was damaged.
Commissioner Plummer: Because you took it off.
Mr. Pajares: It had to be removed, because the structure had to be painted.
Commissioner De Yurre: OK.
Mayor Suarez: Are we going to get FEMA (Federal Emergency Management Agency)
reimbursement for it, we hope?
Mr. Pajares: No. I don't believe so.
Commissioner De Yurre: So, we're putting it back up again.
Commissioner Plummer: Yeah. October 3rd the hurricane blew it off.
Mr. Pajares: We did...
Commissioner De Yurre: So, we're putting the same sign up again.
Mr. Pajares: Yes, sir.
Commissioner De Yurre: That's what we've done already.
Mr. Pajares: The color is different. That's the only thing.
Commissioner De Yurre: OK. You just need. So, OK. That's OK.
Mayor Suarez: OK.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Vice Mayor Alonso: It has been...
Mayor Suarez: Seconded by...
Vice Mayor Alonso: I already moved.
Mayor Suarez: Vice Mayor.
259 November 12, 1992
Commissioner De Yurre: Yeah.
Mayor Suarez: Ca I I the ro I I . Or she moved i t and seconded by Carrot I ss I over
R I l (rimer .
The following resolution was Introduced by Vice Mayor Alonso, who moved
Its adoption:
RESOLUTION NO. 92-742
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A
4/6THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY
CCWISSION AFTER A DULY ADVERTISED PUBLIC HEARING, THE
ACTION OF THE CITY MANAGER IN FINDING THE INSTALLATION
OF A LARGE S I GN AT THE ORANGE BOWL STAD I UN PR I OR TO
THE NATIONALLY TELEVISED OCTOBER 3, 1992 HURRICANE
GAME TO BE AN EMERGENCY AND IN AUTHORIZING THE
ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR SUCH
SERVICES TO OOMPLETE SIGNS FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE AT A
TOTAL PROPOSED AMOUNT OF $7,500.00; ALLOCATING FUNDS
THEREFOR FROM THE 1991-92 PROPERTY MAINTENANCE
DIVISION OPERATING BUDGET, ACCOUNT CODE NO. 420401-
670.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissloner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Ccnmissioner Victor De Yurre
Carrnissloner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Cowlssioner Miller J. Dawkins
260 November 12, 1992
� Y
p1� xAMOL
-------------- ram - .r r----------------- ---------------------------------------
$9, RATIFY EMERGENCY PURCHASE BY MANAGER OF UNINTERRUPTED POWER SUPPLY
BATTERIES FROM JANTECH POWER SERVICES, INC.
—`.----------------------------------------- -----------------------------------
Mayor Suarez: Item 23, ratifying, approving and confirming by 4/5ths
affirmative vote, hopefully, the action of the City Manager for purchase of
uninterrupted power supply batteries from Jantech Power Services, Inc., etc.
This was, in fact... —
Commissioner Plummer: Move it.
Mayor Suarez: ...related to the emergency, I gather.
Vice Mayor Alonso: Second.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-743
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING BY A
4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY
COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, THE
ACTION OF THE CITY MANAGER IN FINDING THAT THE
PURCHASE OF UNINTERRUPTED POWER SUPPLY BATTERIES FROM
JANTECH POWER SERVICES, INC. TO BE AN EMERGENCY AND
AUTHORIZING SAID PURCHASE; AND ALLOCATING FUNDS
THEREFOR, IN THE AMOUNT OF $39,200, FROM THE E-911
FUND, PROJECT NO. 506001, INDEX CODE NO. 420604-850.
(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
261 November 12, 1992
L_
----ir--------r :wu.+r r.r------------wrww.----www—w—wwwrw------------- .wwwwwwww.rwa+�
60. NAME THREE ADDITIONAL MEMBERS TO THE REVIEW COMMITTEE CREATED TO
EVALUATE PROPOSALS CONCERNING UDP FOR THE OLYMPIA BUILDING (174 EAST
FLAGLER STREET).
ww�----Yak----+r+I----wwwwwww—www+wwwwr------wwwwwwwrrwwwwWwwwwww----- ----wrwwww-
Mayor Suarez: Item 24, relating to the Unified Development Project for the
Olympia Building, adding three members to the Review Committee. And this, I
think, in part, had to do with Mr. Seth Gordon. No?
Commissioner Plummer: Who are the members of the Review Committee?
Mayor Suarez: Who are we adding and who are the existing members? I know
Seth Gordon was one of the ones that was recommended to me, because of his
prior...
Commissioner De Yurre: I have here Arlene Weintraub and Rafael Diaz, are
the...
Commissioner Plummer: Are they from the private sector, Mr...
Mayor Suarez: No. Arlene and Rafael work with us.
Vice Mayor Alonso: They work with the City.
Commissioner Plummer: Mr. Cook?
Mr. Clark Cook: Yes.
Commissioner Plummer: Are they... Who do you have from the private sector?
Mayor Suarez: Seth Gordon is one. Who are the existing members from the
private sector?
Mr. Cook: Terry Percy is one from the area.
Mayor Suarez: Former City... Assistant City Attorney?
Mr. Cook: Yeah. And I'm embarrassed to say I don't remember, Commissioner.
Commissioner Plummer: OK.
Mr. Cook: We had... We went by... The last time that this came up, we had
all the names there. The Mayor called and asked to add this name to it. The
last time the names were approved.
Commissioner Plummer: Which name?
Mr. Cook: The names for the Advisory Board.
Commissioner Plummer: Which name did the Mayor ask to be added?
262 November 12, 1992
Mr. Cooks I believe it was Seth Gordon.
Commissioner Plummer: OK. Now, there's for three. Who are other two?
Mr. Cook: Do you know by any chance?
Vice Mayor Alonso: You mean the City employee?
Mr. Cook: No. Two of them were City employees, but the rest were private
sector.
Vice Mayor Alonso: Arlene Weintraub and Rafael Diaz.
Mr. Cook: And you... If you remember...
Commissioner Plummer: Is it heavier on the private sector than on the in-
house?
Mr. Cook: If you remember you put...
Joel Maxwell (Assistant City Attorney): Yes. One more.
Commissioner Plummer: That's all I'm asking.
Mr. Cook: Yeah.
Commissioner Plummer: That's fine with me.
Mayor Suarez: All right.
Commissioner Plummer: As long as it's heavier on the private sector than in-
house.
Mayor Suarez: OK.
Mr. Cook: And you placed Nathan Rock on there, if you remember, the last
time.
Mayor Suarez: "OK. Who are the three that we are approving now, just to have
1t on the record? Who are the three that we are approving now?
A. Quinn Jones III, Esq. (City Attorney): Seth Gordon, Arlene Weintraub and
Rafael Diaz.
Mayor Suarez: All right. As to those three...
Commissioner Plummer: Wait. Arlene Weintraub is in-house.
Mayor Suarez: Right.
Vice Mayor Alonso: Yes. How many people altogether...
Commissioner Plummer: How many are on the committee?
263 November 12, 1992
r
Mr. Jones: It's eight... It's an eight member review committee.
Commissioner Plummer: A review committee of eight people?
Mayor Suarez: Right.
Commissioner Plummer: Are you trying to defeat it? Is that what you're
trying to do?
t Mr. Cook: No, sir. I'm not trying to. We had filed originally...
Mayor Suarez: It's a rhetorical question. Don't answer him.
Mr. Jones: That's what the ordinance presently requires that balance. So,
that's why these amendments... additions are being added, to meet the
requirements of the ordinance.
Commissioner Plummer: Right.
Mayor Suarez: All right.
#j Vice Mayor Alonso: Who appointed the City employees? The Manager did?
i
fMr. Cook: I believe so.
Mayor Suarez: Yeah. I'm sure they're his suggestions. Right?
Commissioner Dawkins: What item are we on now?
Mayor Suarez: On item 24.
Mr. Cook: We simply asked...
Mayor Suarez: Just adding three members to the selection committee...
{
Vice Mayor Alonso: I beg your pardon?
i Mayor Suarez: ...for the Olympia Building, Unified Development Project. Mr.
Seth Gordon, Ms. Arlene Weintraub, and Mr. Rafael Diaz. OK. As to those
' three, I'll entertain a motion.
Vice Mayor Alonso: Yeah. But I had a question that he never responded.
Mayor Suarez: I'm sorry.
art, Vice Mayor Alonso: Who appointed them?
Mr. Cook: They were appointed by the City Manager. We asked the City Manager
who he would like to have on the committee...
Commissioner Plummer: He chose one from each NET (Neighborhood Enhancement
Team) program.
Vice Mayor Alonso: And the private sector you did?
264 November 12, 1992
n�
i
Mr, Cook: And the private sector, we basically did ourselves people we knew
who were interested in the Olympia Building.
Commissioner Plummer: They're from the NET program.
Vice Mayor Alonso: OK.
Mayor Suarez: OK. That sounds like a motion to me. Close enough.
Vice Mayor Alonso: No, not quite.
Commissioner Plummer: Yes. I move it. Let's get it over with.
Mayor Suarez: Thank you. Do we have a second?
Commissioner Plummer: They've got to bring it back here afterwards anyhow.
Mayor Suarez: Do you second?
Vice Mayor Alonso: It has to come back to us...
Commissioner Plummer: Of course it does.
Vice Mayor Alonso: ...so we might as well. Yes. Call the roll.
Mayor Suarez: OK. Very good. Call the roll. Thank you.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-744
A RESOLUTION RELATING TO THE UNIFIED DEVELOPMENT
PROJECT FOR THE OLYMPIA BUILDING, AMENDING RESOLUTION
NO. 92-649, ADOPTED OCTOBER 8, 1992, BY ADDING THREE
MEMBERS TO THE REVIEW COMMITTEE CREATED BY SAID
RESOLUTION TO EVALUATE PROPOSALS AND REPORT FINDINGS
TO THE CITY MANAGER CONCERNING THE REDEVELOPMENT OF
THE OLYMPIA BUILDING LOCATED AT 174 EAST FLAGLER
STREET, MIAMI, FLORIDA.
(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:
265 November 12, 1992
x
F
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
61. GRANT REQUEST BY REPRESENTATIVES OF MISSIONARIES OF CHARITY HOME FOR
UNWED MOTHERS -- DELAY PAYMENT OF ASSESSED TAXES FROM IMPROVEMENT TO
SIDEWALK UNTIL THE TIME THE PROPERTY (727 N.W. 17 STREET AND 1669 N.W. 7
COURT) IS SOLD.
------------------------------------------------------------------------------
Mayor Suarez: Mr. Towey, Regional Director, once again.
Commissioner Plummer: We're on the 4:00 o'clock item.
Vice Mayor Alonso: It's only one hour and 36 minutes late.
Mr. James Towey: Thank you, Mr. Mayor.
Mayor Suarez: What is the technical name of the order that Mother Theresa
founded?
Mr. Towey: The order is the Missionaries of Charity, and thank you for the
opportunity to address this distinguished Commission. The sisters operate,
over on N.W. 7th Avenue and 17th Street, a shelter for homeless women and
children, and unwed mothers. They also have a daily soup kitchen every day
but Thursday, that serves between 150 and 200 people. They do all of this
without a charge to the City, County, State or federal. I know of nobody in
social work that does work where they rely entirely, 100 percent on public
charity and they do no fund-raising. So, of course, that's Mother- Theresa's
stamp on her work of charity. I have with me Sister Shanti, the Superior of
the home here in Miami and Sister Eulalia. And we come before the Commission
because, earlier this year, there was an improvement made on the sidewalk in
front of the sister's home. And the improvement was then made into an
assessment on the property that the sisters have. They have a convent on one
side of the street, which is at 727 N.W. 17th Street, and then across the
street, the Unwed Mothers Home, which is 1669 N.W. 7th Court. The total of
the assessment, up to this date, and it's now 60 days past due, is $1,308.42,
and we were...
Commissioner Plummer: I make a motion that it not be paid until such time as,
if it ever occurs, that the property is sold.
Commissioner Dawkins: Second.
Mayor Suarez: So moved and seconded.
266
November 12, 1992
F
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
61. GRANT REQUEST BY REPRESENTATIVES OF MISSIONARIES OF CHARITY HOME FOR
UNWED MOTHERS -- DELAY PAYMENT OF ASSESSED TAXES FROM IMPROVEMENT TO
SIDEWALK UNTIL THE TIME THE PROPERTY (727 N.W. 17 STREET AND 1669 N.W. 7
COURT) IS SOLD.
------------------------------------------------------------------------------
Mayor Suarez: Mr. Towey, Regional Director, once again.
Commissioner Plummer: We're on the 4:00 o'clock item.
Vice Mayor Alonso: It's only one hour and 36 minutes late.
Mr. James Towey: Thank you, Mr. Mayor.
Mayor Suarez: What is the technical name of the order that Mother Theresa
founded?
Mr. Towey: The order is the Missionaries of Charity, and thank you for the
opportunity to address this distinguished Commission. The sisters operate,
over on N.W. 7th Avenue and 17th Street, a shelter for homeless women and
children, and unwed mothers. They also have a daily soup kitchen every day
but Thursday, that serves between 150 and 200 people. They do all of this
without a charge to the City, County, State or federal. I know of nobody in
social work that does work where they rely entirely, 100 percent on public
charity and they do no fund-raising. So, of course, that's Mother- Theresa's
stamp on her work of charity. I have with me Sister Shanti, the Superior of
the home here in Miami and Sister Eulalia. And we come before the Commission
because, earlier this year, there was an improvement made on the sidewalk in
front of the sister's home. And the improvement was then made into an
assessment on the property that the sisters have. They have a convent on one
side of the street, which is at 727 N.W. 17th Street, and then across the
street, the Unwed Mothers Home, which is 1669 N.W. 7th Court. The total of
the assessment, up to this date, and it's now 60 days past due, is $1,308.42,
and we were...
Commissioner Plummer: I make a motion that it not be paid until such time as,
if it ever occurs, that the property is sold.
Commissioner Dawkins: Second.
Mayor Suarez: So moved and seconded.
266
November 12, 1992
4y i
Mr. Towey: Thank you.
Vine Mayor Alonso: Call the roll.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-745
A RESOLUTION WAIVING A PAST DUE ASSESSMENT. IN AN
AMOUNT NOT TO EXCEED $1,308.42, FOR SIDEWALK
IMPROVEMENTS FOR REAL PROPERTY OWNED BY THE ORDER OF
MISSIONARIES OF CHARITY AND LOCATED AT 727 NORTHWEST
17TH STREET AND 1669 NORTHWEST 7TH COURT, MIAMI,
FLORIDA, SAID WAIVER TO BE IN EFFECT UNTIL SUCH TIME
THAT SUBJECT PROPERTY IS SOLD.
(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.
Mr. Towey: Thank you, very much.
Mayor Suarez: Thank you.
Commissioner Plummer: That will be recorded on the deed.
Mayor Suarez: All the blessings that are appropriate, I'm sure will be coming
in our direction after this good deed.
267 November 12, 1992
i rJl.r- ter--iii.riw �i---err-------------------------------------------------------
62. DISCUSSION CONCERNING REQUEST BY MIAMI PROJECT TO CURE PARALYSIS FOR
WAIVER OF FEES IN CONNECTION WITH ITS WOMEN'S GUILD 4TH ANNUAL WALK -A=
THON EVENT.
-- ---------- ------------r-------------------------------------------------
Mayor Suarez: Item 26.
Vice Mayor Alonso: Six.
Mayor Suarez: Miami Project to Cure Paralysis.
Ms. Karrie Seiple: Hi. I'm Karrie Seiple. I'm the special events
coordinator for the Miami Project to Cure Paralysis. We're here this evening
asking for the use of streets in Coconut Grove, as well as a waiver of all
fees that are waivable by City Code, for our fourth annual Women's Guild Walk-
a-Thon to take place on February 28, 1993. We are a... The Miami Project to
Cure Paralysis is the center of excellence at the University of Miami School
of Medicine. We are the world's largest and most comprehensive research
center, dedicated to finding effective treatments and, ultimately, a cure for
paralysis. So, our goal is, basically, to go into Coconut Grove and to raise
community awareness of the spinal cord injury...
Commissioner Plummer: Why couldn't you do this downtown, or do it Comstock,
or do it at Kennedy Park, somewhere other than Coconut Grove?
Ms. Seiple: Well, we feel that Coconut Grove is a beautiful venue...
Commissioner Plummer: Yeah. But the residents of Coconut Grove are the ones
who say that they're being burdened. This walk really does not have a direct
relation to Coconut Grove.
Ms. Jill Nolden: Commissioner Plummer, the walk is designed by the City of
Miami Police Department to go north from Kennedy Park, up to Alice Wainwright
Park, come around...
Commissioner Plummer: OK. What I'm saying to you, my dear... All right?
Just so you know... is that the people of Coconut Grove are overburdened with
walks, with jogging, with bicycle races, with festivals.
Ms. Nolden: Would the Commission consider a grant to help us with the impact
fee if were to go into a more dense area where the risk...
Commissioner Plummer: The impact fee is to do nothing more than restore after
that all of these things have gone...
Mayor Suarez: Well, there is no impact fee except in the Grove. What gave
you the impression that we have an impact fee in other parts of the City?
Commissioner Plummer: There's no impact fee...
Ms. Seiple: No. We don't have an impact fee in the area of grass.
268 November 12, 1992
Commissioner Plummer: ...east of 27th Avenue.
Ms. Nolden: So...
Commissioner Dawkins: What's wrong with Coral Gables? Why can't the walk be
held... The University of Miami 1s in Coral Gables. Why can't the walk be
held on Miracle Mile, around the University of Miami.
Commissioner Plummer: See, my answer to you is if you hold this walk in
Bicentennial park, for example, you don't need the policemen, you don't need
to barricade the streets. You've got a tremendous nice walkway there...
Commissioner Dawkins: J.L., let them answer my question, please.
Commissioner Plummer: I'm sorry.
Commissioner Dawkins: OK? I asked them, why can't this be held in Coral
Gables or around the University of Miami? And you wouldn't let them answer.
Ms. Nolden: We were very interested in maximizing our fund-raising potential,
and the purveyors in Coconut Grove, particularly those at Cocowalk, have
expressed an interest in supporting this walk, if the Commission so approves.
Commissioner Dawkins: Thank you.
Mayor Suarez: All right.
Commissioner Dawkins: Now you may speak, Commissioner Plummer.
Commissioner Plummer: I... My remarks are very much the same. You know,
you've got to give relief to the people of Coconut Grove, who came before this
Commission, asking that only festivals and that that relate to Coconut Grove
be there. That they... Surely the merchants want it. The merchants don't
care about the fact that the residents are inconvenienced. Mr. Mayor, this
was one of the main factors, that when they talked about seceding from the
City of Miami, this was one of the items that they brought out. I'm saying,
if it relates to Coconut Grove, thank God, let it be. If it's Bahamian. If
it's Goombay. If it's one of those, but other than that, this walk could just
as easily take place in Bicentennial Park. It could just as easily take place
around the Orange Bowl. As my good colleague says, around the University of
Miami. It could take place any number of...
Mayor Suarez: Who is supporting it from Cocowalk? Who have you been dealing
with?
Ms. Seiple: I've been dealing with...
Mayor Suarez: Mr. Steiner?
Ms. Seiple: ...Director of Marketing there. And we've had some interest
from... What is the...
269 November 12, 1992
Mayor Suarez: See, now, my presumption is, of course, that they're doing it
because they have an interest in your project and fund-raising...
Ms. Seiple: lhn-hmm.
Mayor Suarez: ...not so that there be more people in that area and more
people that will go to their business. But... So, assuming that, they might
not have any problem doing it in Bicentennial Park or elsewhere.
Commissioner Plummer: Well, you've got another one right behind this one, Mr.
Mayor.
Mayor Suarez: Yeah?
Commissioner Plummer: Taste of Health, a Whole Foods Festival, in Coconut
Grove.
Mayor Suarez: We just... We are chock full of activities in Coconut Grove.
Commissioner Plummer: We've got to spread it around.
Mayor Suarez: We've passed an ordinance to try to discourage these. We've
had a little bit of a difference of opinion up here on simple races, you know,
where they take place over a one hour span and people...
Ms. Seiple: This was only last three hours.
Vice Mayor Alonso: Three hours.
Ms. Seiple: From 8:00 to 11:00.
Mayor Suarez: Right. But this is a walk-a-thon. It's a little longer. It's
a little bit more of a congestion situation. I'm sure you want to have as
many people as possible, and we do have that ordinance in place. If we didn't
want to have it, and some of us here were not particularly enamored of the
ordinance, but we have it. And if we just waive it every time, then why have
It?
Commissioner Plummer: Yeah. But that's...
Ms. Nolden: We have to be... Commission, we have to be very cognizant of a
couple of things. One is that the Grove has a tremendous fund-raising
potential for us. Second is that not all aspects of Miami are as accessible
as those in the Grove, and we're dealing with people in wheelchairs.
Mayor Suarez: That's why the people in Grove...
Commissioner Plummer: Exactly the argument.
Mayor Suarez: ...said, because we're so successful, we want to limit the
activities, and otherwise require an impact fee.
Ms. Nolden: OK. We're also not going through the business direct.
270 November 12, 1992
T
Commissioner Plummer. How much is the... How much is the fee for
Bicentennial Park? I'll waive the fee, if they want to use Bicentennial Park.
Other that► that, negative. .-
Mayor Suarez: All right. So moved.
Commissioner Plummer: Whatever the fee is there for the rental.
Mayor Suarez: It's minimal in Bicentennial.
Commissioner Plummer: I'm sure it is. Yeah. I'll move that the fee be
waived.
Ms. Nolden: So, the answer is that Coconut Grove is out of the question.
Mayor Suarez: Wei 1, that's... The motion before us is for Bicentennial.
Maybe we ought to try to see if we can get at least that.
Vice Mayor Alonso: Yes. But the question is they don't want to go there.
Mayor Suarez: That's not what they really... That's not what you really
want.
Vice Mayor Alonso: So, it's out of the question.
Mayor Suarez: OK.
Commissioner Plummer: Welt...
Vice Mayor Alonso: I don't think they have any intention of going to...
Commissioner Plummer: That's their...
Ms. Nolden: We've been to South Beach for three years and we've walked the
Ocean Drive and our fund-raising potential there has somewhat diminished, and
people are bored with that walk. And it happens early in the morning. We
assure the...
Mayor Suarez:
How early?
Vice Mayor Alonso:
Eight until 11.
Ms. Nolden:
Eight o'clock in the morning.
We expect the streets to be clear
z
by 11:00.
Mayor Suarez:
Yeah. That's... What day of
the week?
it
Ms. Seiple:
Sunday.
t
Ms. Nolden:
Saturday. Sunday morning.
Mayor Suarez:
Because some of the people who do the races are actually in the
streets by 6:00 a.m. and pretty much gone
by 7:00, 7:30. You see, that
really, on a
Saturday... particularly on a
Sunday, means most people are not
==
affected.
271 November 12, 1992
Commissioner Plummer: And Coconut Grove is busy on a Saturday and they're
tying up 6ayshore Drive...
i
Ms. Seiple: This is a Sunday. This is a Sunday.
Commissioner Plummer: ...from Aviation all the way to Wainwright Park.
Mayor Suarez: It's a Sunday and you could be out by what time?
Ms. Seiple: Eleven.
Mayor Suarez: There's nothing envisioned in the ordinance to deal with
something like this?
Commissioner Plummer: Mr. Mayor, there is nothing in the ordinance that can
have... continuously have the discomfort of the residents of Coconut Grove.
Mayor Suarez: Why not pay the impact fee? It's not that huge.
Commissioner Plummer: No, no. There is no impact fee.
Mayor Suarez: OK.
Ms. Seiple: No.
Commissioner Plummer: Not in this case here. No, there's not.
Ms. Nolden: If we were going through the business district, there would be.
Mayor Suarez: All right.
Commissioner Plummer: Well, the other side of 27th Avenue is the impact fee.
Mayor Suarez: All right. Does any Commissioner want to try it?
Commissioner Plummer: Just for the Mayor...
Mayor Suarez: See if you get a majority?
L`
Commissioner Plummer: Well, I made a motion.
Mayor Suarez: Well, 1t didn't... It wasn't seconded and, apparently, it's
{ not particularly what they're looking for...
Commissioner Plummer: OK.
j Mayor Suarez: ...in any event. So...
Commissioner Plummer: Well, no action is thank you, good-bye.
Mayor Suarez: Well, is that...
Commissioner Plummer: I tried to help them.
272 November 12, 1992
r
Mayor Suarers ...the Commission's pleasure? Nobody wants to move the item?
Commissioner Plummer: Item 27.
Vice Mayor Alonso: How much are we talking about?
Ms. Seiple: We're only...
Mr. Frank Castaneda: There are two issues. One is the closure of the street
and the other one is the fee waiver of $150.
Vice Mayor Alonso: Oh.
Mayor Suarez: Yeah. The fee waiver...
Vice Mayor Alonso: The fee was not that...
Mayor Suarez: ...I wouldn't vote favorably to.
Commissioner Plummer: The fee waiver's nothing.
Mayor Suarez: But I'm sure you can get the $150. You know...
Commissioner Plummer: You know, that's not...
Mayor Suarez: ...the closure of the streets is an issue.
Ms. Seiple: We...
Ms. Nolden: We need the City's support to, you know, cure paralysis and I
don't think that this is really a horribly outrageous request. We need your
help. We have a big charity here. We have a big goal.
Commissioner Plummer: Ma'am, there is no one that I know that comes before
this -Commission that is not a worthwhile charity. We have...
Ms. Seiple: And we don't plan on closing major streets. The only... There
would only be...
Commissioner Plummer: Bayshore Drive is a major street.
Ms. Seiple: No, no. We're not planning on closing Bayshore. We plan on
using the sidewalks. There's only...
Commissioner Plummer: There are no sidewalks.
Ms. Seiple: Yes, there is.
Commissioner Plummer: There's a bicycle path.
Ms. Seiple: Yes. We would use...
Ms. Nolden: ...a paved bicycle path.
273 November 12, 1992
h
Ms. Seiple: ...the paved bicycle path for it. We would not be closing the
streets down.
Commissioner Plummer: My dear, do you live in the City of Miami? Where do
you live?
Ms. Seiple: 9roward County.
Commissioner Plummer: Broward County. And you?
Ms. Nolden: The City of Miami.
Commissioner Plummer: Where?
Ms. Nolden: Brickell Point.
Commissioner Plummer: OK. The people of Coconut Grove are talking about
seceding from the City and one of the reasons... their major point is they
can't move on their streets on weekends. This Commission established a
policy, heard that cry from the residents. Now, you want to say to the
residents, "Heyl Go ahead and secede from the City, because we're not going
to listen to you."? I served on the Committee that had endless hearings to
establish these rules and regulations.
Mayor Suarez: The...
Commissioner Plummer: I would take it as...
Vice Mayor Alonso: I don't think they are that opposed to something like
this.
Mayor Suarez: The committee was particularly dealing with festivals and some
of us up here try to draw a distinction between festivals and races. You
know, like, fairly quick, out-of-the-way type situations. Now you are not
quite that quick, but you're on a pretty good time, on a pretty good day, and
you're on the sidewalk. You're not on the street?
Ms. Seiple: No. We're not on the street.
Mayor Suarez: I...
Vice Mayor Alonso: I will move to approve.
Mayor Suarez: I'll second. All right. I understand how Commissioner Plummer
feels. This is not what we want to be doing with the ordinance. Maybe we
should have built an exception for this kind of thing within very specific
constraints. Pay your impact fee, though, or your basic fee, whatever it is.
Vice Mayor Alonso: Hundred and fifty dollars, whatever.
Commissioner Plummer: All right. Motion heard. Motion understood. Call the
roll.
274 November 12, 1992
a
Ms. Seiple: ...the paved bicycle path for it. We would not be closing the
streets down.
Commissioner Plummer: My dear, do you live in the City of Miami? Where do
you live?
Ms. Seiple: 9roward County.
Commissioner Plummer: Broward County. And you?
Ms. Nolden: The City of Miami.
Commissioner Plummer: Where?
Ms. Nolden: Brickell Point.
Commissioner Plummer: OK. The people of Coconut Grove are talking about
seceding from the City and one of the reasons... their major point is they
can't move on their streets on weekends. This Commission established a
policy, heard that cry from the residents. Now, you want to say to the
residents, "Heyl Go ahead and secede from the City, because we're not going
to listen to you."? I served on the Committee that had endless hearings to
establish these rules and regulations.
Mayor Suarez: The...
Commissioner Plummer: I would take it as...
Vice Mayor Alonso: I don't think they are that opposed to something like
this.
Mayor Suarez: The committee was particularly dealing with festivals and some
of us up here try to draw a distinction between festivals and races. You
know, like, fairly quick, out-of-the-way type situations. Now you are not
quite that quick, but you're on a pretty good time, on a pretty good day, and
you're on the sidewalk. You're not on the street?
Ms. Seiple: No. We're not on the street.
Mayor Suarez: I...
Vice Mayor Alonso: I will move to approve.
Mayor Suarez: I'll second. All right. I understand how Commissioner Plummer
feels. This is not what we want to be doing with the ordinance. Maybe we
should have built an exception for this kind of thing within very specific
constraints. Pay your impact fee, though, or your basic fee, whatever it is.
Vice Mayor Alonso: Hundred and fifty dollars, whatever.
Commissioner Plummer: All right. Motion heard. Motion understood. Call the
roll.
274 November 12, 1992
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Commissioner Dawkins: What is the motion?
Mayor Suarez: To approve the use of the streets.
Commissioner Plummer: Motion is to overrule the standing committee and grant
it.
Mayor Suarez: Actually it's the sidewalk.
Commissioner Dawkins: OK. Motion understood. Call the roll.
THEREUPON MOTION DULY MADE BY VICE MAYOR ALONSO AND
SECONDED BY MAYOR SUAREZ$ THE HEREINABOVE MOTION
FAILED BY THE FOLLOWING VOTE:
AYES: Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
ABSENT: Commissioner Victor De Yurre
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Alonso: That's it.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: Item is defeated. Two -two tie. Thank you.
Mayor Suarez: If you can find the fifth Commissioner and you think that maybe
he'll vote for you, maybe you can have a reconsideration on the item.
63. DISCUSSION CONCERNING REQUEST FOR WAIVER OF CODE REQUIREMENTS IN
CONNECTION WITH A TASTE OF HEALTH, A WHOLE FOODS FESTIVAL --NO ACTION
TAKEN.
------------------------------------------------------------------------------
Mayor Suarez: Item 27, A Taste of Health, A Whole Foods Festival. Now, this
sounds like a real live festival.
Commissioner Plummer: No. Mr. Mayor, I move that it be denied.
Mr. Sandy Pukel: Could I please...
Mayor Suarez: Waiver of requirements of Ordinance 10764 which allows only two
events per month in the Coconut Grove area.
275 November 12, 1992
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Commissioner Plummer: Hold it...
Mayor Suarez: This one is not grandfathered in.
Commissioner Plummer: Hold it in Bicentennial Park, sir.
Mr. Pukel: Excuse me. We have... We are having the...
Mayor Suarez: Give us a name and address, please.
Mr. Pukelt OK. Sandy Pukel, 2911 Grand Avenue in Coconut Grove. We've been
doing the festival for five years. We're grandfathered in in February, after
the Arts Festival. We want to switch it to Earth Day in April, to tie in with
the theme of what we're doing. It's not...
Mayor Suarez: All right.
Mr. Pukel: We've doing it for five years already. We're not asking for
closing of...
Mayor Suarez: That sounds like the kind of exception that would be envisioned
by the...
Commissioner Plummer: No. It's not, Mr. Mayor, because they want to go into
the same month that somebody else is in.
Mayor Suarez: But...
Commissioner Plummer: That's why they're here.
Mayor Suarez: ...to not be overly technical... I mean, unless there's any
problem with the Administration... they just moved... they're grandfathered
in for one month. They want to do it in another month to celebrate Earth Day.
Commissioner Plummer: Excuse me, Mr. Mayor. They want to do it in a month
where there are already two other events scheduled.
Mayor Suarez: I understand. But, I mean, there's no magic to two. That was
just a good rule of thumb. Anyhow...
Commissioner Plummer: No. There was a magic to two. That was all that could
be tolerated.
Mayor Suarez: All right.
Mr. Pukel: The two... The two festivals...
Mayor Suarez: Some people, I guess, say that there's magic to one. They wish
there wasn't even one. But, anyhow...
Mr. Pukel: We're not asking to close the streets. The other two events in
that month are not festivals. They're both walks...
Commissioner Plummer: How much of the City fees that they're asking us...
276 November 12, 1992
Mr. Puke!: For the past couple of years when we've done it, our minimal fees
that we've asked for are waivers of the City services, as far as the garbage
pickup, because the people who come to our festival put the garbage in the
pails themselves. They're very...
Commissioner Plummer: To the Administration, how much are the fees that
they're asking waivers on?
Mr. Frank Castaneda: They have not requested any fee waivers at all.
Commissioner Plummer: Well, on the... Here it says it is.
Mr. Castaneda: No, what they're...
Commissioner Plummer: A reduction in City fees.
Mr. Castaneda: They're asking for a reduction, but they want a negotiated
reduction of City fees, but they're not asking for any waiver.
Commissioner Plummer: No way. No way. I mean, you're asking us to sponsor
the event.
Mr. Pukel: No, I'm not. I'm asking...
Commissioner Plummer: Sure you are. You're asking us to give you money,
which is in effect what we're...
Mr. Pukel: No. I'm saying that our past history... And if you speak to the
other people who run the different departments, we use less of the people that
have to be there for the parks. And we're just asking... whoever we speak to
at the Park, and at the Solid Waste Department, to just charge us for the
appropriate amount of money that we need to use.
Commissioner Plummer: I just wish to God I had never served on that
committee. I really do. I thought we were going to accomplish something.
Mr. Mayor, I made a motion, initially, to deny.
Mayor Suarez: So moved. Do we have a second?
Vice Mayor Alonso: He moved to...?
Mayor Suarez: Deny.
Commissioner Plummer: To deny.
Vice Mayor Alonso: Deny?
Mayor Suarez: Do we have a second?
Commissioner Plummer: This would be the third festival in one month in
Coconut Grove.
277 November 12, 1992
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Mayor Suarez: Do we have a second? Going once. Going twice. All right.
Any other motions? With three of us up here, it doesn't look like it's going
to pass. Oh, there's a fourth. OK. Do you want to try Commissioner Alonso?
Vice Mayor Alonso? I'll move it.
Mr. Pukel: 'thank you.
i
Commissioner Plummer: You move to approve?
Vice Mayor Alonso: To approve as presented.
i Mayor Suarez: Yeah. I know it's...
i Vice Mayor Alonso: And...
Commissioner Plummer: And waive the fees?
Mayor Suarez: No.
Mr. Pukel: I didn't ask to waive the fees.
1
j Mayor Suarez: No waiver.
{
Commissioner Plummer: No, he wants to reduce the fees. But you're not
speaking to the fees at all.
j Mayor Suarez: Just as to the...
Vice Mayor Alonso: I have no problem of granting them the permission to hold
the...
Mayor Suarez: That's all I'm moving. Just...
Vice Mayor Alonso: That's all you're moving? OK. I have no problems...
Mayor Suarez: The waiver of the restriction of maximum two, only because
Commissioner Plummer... And I know this... each one of these is a deviation,
but this one is because they want it in one month, as opposed to another.
Vice Mayor Alonso: They've been doing this for several years.
Mayor Suarez: Next year, presumably, they'll be back to where they were
grandfathered in. The other two are just walks, you said.
Commissioner Plummer: Three in one month. Three major festivals.
Mayor Suarez: And this one doesn't involve any street closures.
Commissioner Plummer: The other...
Mr. Pukel: No street closings.
Mayor Suarez: Go for it.
278
November 12, 1992
What are the other two major festivals down there,
Mr. Castaneda; March of Dimes on the 3rd..6
Commissioner Plummer: Has no relation to Coconut...
Mr. Castaneda: ...and the CPA race on the 15th.
Commissioner Plummer: March of Dimes has no relation to Coconut Grove and
what's the other one?
Mr. Castaneda: And the CPA race.
Commissioner Plummer: CPA has no relation to Coconut Grove.
Vice Mayor Alonso: But they've been having theirs for several years.
Commissioner Plummer: Well, they're there, but here again, you know, it's
just... The idea, to my colleagues... It was not I who instituted this
committee that you asked me to serve on. You did it at the behest of the
people, the residents of Coconut Grove, and promised them relief. And that's
why we came up with the rules and regulations. Now, that which was
established by this Commission is going to be thrown to the wind. I say no
more. Sorry, I tried.
Vice Mayor Alonso: The event 1s April 25th of next year?
Mr. Pukel: Yes.
Vice Mayor Alonso: How about postponing this decision until the next
Commission meeting and then check with the people of Coconut Grove and making
the final... I have no problems in going along with granting the permission.
I think the other two have nothing to do with Coconut Grove, and they're
going...
Commissioner Plummer: Madam Commissioner, let me just say one other thing, if
I may. It was the feeling of the committee, and the feeling of the residents
who came and spoke before the committee, and before this Commission, by the
way... We have many other fine places in this City. We have Bicentennial
Park. We have Bayfront Park. We have Comstock Park. We have...
Mr. Louis Mejia: Commissioner, we could have them take it back to the Special
Events Committee. They have not gone to the Special Events Committee to
request a...
Commissioner Plummer: Hey! You know... Well, this... Why do that if this
Commission is of the feeling to override? Why spin the wheels of the
Committee?
Mr. Mejia: At least you can get the input from them.
Vice Mayor Alonso: Maybe. They're filling...
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Mr. Mejia: Where is time stilt.
Vice Mayor Alonso: Yes.
Commissioner Plummer: Pine. Heyl I... Look, I live on the other side of
Iyth Avenue.
Commissioner Dawkins: They're still on 27?
Vice Mayor Alonso: How soon can 1t come back to us?
Commissioner Plummer: The only traffic that I am bothered with by any
festival is Coconut Grove Arts Festival. And that backs up to my
neighborhood.
Vice Mayor Alonso: January? Will it be too late?
Mr. Pukel: Well, we are grandfathered in for February, the week after the
Arts Festival. We are looking to not be the week after the Arts Festival. I
am one of those people... I've been in Coconut Grove for 22 years. I'm right
here, right in the heart of the Grove, my business for 22 years. So, I'm one
of the people you're talking to. I've helped organize these things here.
Vice Mayor Alonso: December loth?
Mr. Pukel: So, we're not looking for closing. We're looking to help. We're
a public minded organization trying to help people not be sick, to try to help
people so they don't...
Commissioner Plummer: Is this a nonprofit?
Mr. Pukel: Federally approved 5010 nonprofit foundation.
Vice Mayor Alonso: OK. We have a motion on the table. Do we have a second?
The motion to approve.
Commissioner Plummer: Approve the festival without a reduction in fees.
Commissioner De Yurre: And this is not recommended by the...
Mr. Castaneda: Commissioners, to be technical, what you're approving is the
waiver of the Coconut Grove special events district requirement of Ordinance
number 10764-B1, which limits the number of events to two per month.
Commissioner De Yurre: OK.
Vice Mayor Alonso: And this will be the third.
Commissioner Plummer: This would be a third one.
Commissioner De Yurre: This will be the third.
Commissioner Plummer: Yeah.
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November 12, 1992
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Mayor Suarez: Yes. And they are grandfathered. They...
Commissioner De Yurre: And, J.L., are you still serving on that?
Commissioner Plummer: We disbanded that committee, Victor, once we got the
rules and regulations set forth and approved by this Commission. The
committee really went out of existence. There was no other reason for it to
continue.
Vice Mayor Alonso: Commissioner Dawkins...
Commissioner De Yurre: OK.
Commissioner Dawkins: Did I understand you... him to say...
Commissioner Plummer: There is a standing festival committee that I'm not a
member of. And, you know, I just want to remind you that they just spent -
What was it? - $60,000 in improvements that they had... got from these fees,
which are always asked to be waived.
Vice Mayor Alonso: Commissioner Dawkins next.
Commissioner Dawkins: Did I understand you say that you're grandfathered in
because you already... you do have a festival that is scheduled?
Mr. Pukel: We've been doing the same festival for five years in Coconut Grove
in Peacock Park. Correct.
Commissioner Dawkins: So, therefore, you will not be doing it at the regular
time when you were doing it, because you're going to get...
Mr. Pukel: Exactly.
Commissioner Dawkins: ...the extra one in this month.
Mr. Pukel: Exactly.
Commissioner Dawkins: No further questioning.
Commissioner Pluniner: Which leaves the door open for another festival in
February.
Commissioner Dawkins: Not necessarily.
Commissioner Plummer: Well, you can bet it will be.
Vice Mayor Alonso: OK. Do we have a second?
Commissioner Dawkins: Yes.
Commissioner Plummer: Because, I mean, they don't have to come before us. A
second festival can go in there now.
Vice Mayor Alonso: Do you second?
281 November 12, 1992
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Commissioner Dawkins: He seconded.
Vice Mayor Alonso: No, he did not.
Commissioner De Yurre: No. I've not seconded.
Vice Mayor Alonso: No, he did not.
Commissioner De Yurre: You know, if we have... If we have set some rules and
regulations, we've got to stick by it. If not, what the hell... what's the
use of doing it?
Commissioner Plummer: That's what I said.
Commissioner De Yurre: And, you know, if we did not have an alternative, as
far as other parks, you know... we just mentioned Bicentennial Park, or
Bayfront Park, and Alice... If you want to go down to Alice Wainwright Park
and go down... You know, we don't have any festivals or any walk-a-thons
going down Brickell, do we?
Commissioner Plummer: None.
Commissioner De Yurre: You know, I mean, like, let's look at some other
areas. They could walk over the bridge and go over to Virginia Beach. You
know, there's a number of possibilities...
Vice Mayor Alonso: Change the date.
Commissioner Plummer: They could do it at Watson Island.
Commissioner De Yurre: Yeah.
Vice Mayor Alonso: Can you change the date, so it will not be two in...
Mr. Pukel: The idea was to tie it in with Earth Day, to have... There's a
commonality of trying to help people just get well physically, and help the
earth at the same time. So, we thought it was a natural... to use that
word...
Commissioner Plummer: But we want to get well financially.
Mr. Pukel: ...a natural connection with it. No, it had nothing... We...
February... Most people think February is a very desirable date in the City
of Miami.
Vice Mayor Alonso: We don't have a second?
Mayor Suarez: We don't have a second? Just a motion at this point.
Vice Mayor Alonso: We don't have the vote.
Ms. Matty Hirai (City Clerk): No, sir. We don't.
282 November 12, 1992
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Commissioner Plummer: Let's move on to the next item.
Mr. Mejia: Could I... Hi. Can I just give a little support, because I think
it's something important. My name is Louis Mejia. I'm at 435 Marquessa
Drive. I'm the president of the Earth Station Foundation. I think that this
event is really important, just on the basis that it does bring a lot of
positive publicity to the City, and 1t does, like Sandy was saying... it's
already... we already have it scheduled for February, but really the timing
factor, to do 1t in April, is...
Commissioner Plummer: What's wrong with going to Bicentennial Park?
Mr. Mejia: We've been doing it for five years here, at this... at Peacock
Park.
Commissioner De Yurre: But you've been doing it a different date for five
years.
Vice Mayor Alonso: It's not fair... For five years? Yeah.
Mr. Mejia: Excuse me.
Commissioner De Yurre: You're the one that's changing.
Vice Mayor Alonso: I have no problem with seconding your motion, or anything.
We have a third.
Mr. Mejia: I think... Just the importance, really, of tying it into Earth
day...
Vice Mayor Alonso: OK.
Mr. Mejia: ...it would bring a lot of positive publicity. We're thinking of
getting major sponsors for this event, something that can bring a lot of
positive publicity to the City, unite the community. I really think that we
should go forward and try to do this, and tie it in with Earth Day.
Commissioner Plummer: How...
Vice Mayor Alonso: OK. I hear you loud and clear. I'm going to second the
Mayor's motion.
Mr. Mejia: Thank you, please.
Vice Mayor Alonso: I don't know if we have a third.
Mr. Mejia: Yes.
Vice Mayor Alonso: So, I second.
Commissioner De Yurre: And this is a... You're a separate group from the one
that was here before, also asking...
Mr. Mejia: No. I'm...
283 November 12, 1992
Commissioner De Yurre: ...the same things. So, that's... So, if we do it
for you, we've got to do it for the other.
Vice Mayor Alonso: No. It was different. It was a different request.
Mr. Mejia: No, I'm helping... I'm...
Commissioner De Yurre: But isn't it the same thing in the same Grove?
Commissioner Dawkins: Same thing. Same concept.
Vice Mayor Alonso: No. It was a different request.
Mr. Mejia: No. I'm helping organize this event with him.
Commissioner Dawkins: Same concept.
Mr. Mejia: I'm on his committee to organize a Taste of Health organization.
So, I'm actually going to be putting together... cosponsoring this event with
him.
Commissioner Plummer: What do you mean?
Mr. Mejia: We're also a nonprofit organization.
Commissioner Plummer: OK. Hey! Look...
Mr. Mejia: I think really, 1f you see the positive thing of this...
Commissioner Plummer: Just cal the roll. Let's get it over with. You
know...
Mayor Suarez: Yeah. There's a motion and a second.
j Vice Mayor Alonso: Yes.
Commissioner Plummer: Let somebody else serve on the committee the next time.
Commissioner Dawkins: Call the roll.
THEREUPON, MOTION DULY MADE BY MAYOR SUAREZ AND
SECONDED BY VICE MAYOR ALONSO, THE HEREINABOVE MOTION
FAILED BY THE FOLLOWING VOTE:
AYES: Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
ABSENT: None.
284
November 12, 1992
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I vote no. I've got to uphold the wishes of the
residents of Coconut Grove and the committee for which I served.
Commissioner De Yurre: I have to no, because I have to vote no on the other one. It's either two yeses or two noes, and I just can't go yes on two. So,
I vote no.
Commissioner Dawkins: To be consistent, I vote no.
COMMENTS MADE AFTER ROLL CALL: —
Mayor Suarez: You don't want to reconsider the other one then?
Commissioner De Yurre: Well, I'll...
Mayor Suarez: You weren't here for the other one.
Commissioner De Yurre: I'll break the tie, but it's not going to make any
difference in the result.
Commissioner Plummer: Well... Excuse me. Just so there's no hard feelings.
When he walks away he still will have his festival in the Grove.
Commissioner De Yurre: Sure.
Mayor Suarez: Right.
Commissioner Plummer: But it will be within the dates that he had when he was
grandfathered in.
Mayor Suarez: Were you indicating that you didn't want to vote inconsistently
with the way you would vote for...
Commissioner De Yurre: I would have to vote no on the other one, so it
wouldn't make any difference as to the result. It was a two -two tie.
Mayor Suarez: You couldn't vote yes on both?
Commissioner De Yurre: No. I can't... That's why I can't vote yes on both.
So...
Commissioner Dawkins: Neither one.
Unidentified Speaker: But the issues aren't the same.
Mayor Suarez: All right. The issues aren't the same.
Vice Mayor Alonso: Aren't the same.
Mayor Suarez: But he thinks that they're sufficiently similar...
Vice Mayor Alonso: They're different.
285 November 12, 1992
Mayor Suarez: ...that he has to be consistent, which means,
m an r---------r-- ---------------------------- ------ --------a--rr
64, DISCUSSION CONCERNING DEREK MURPHREE'S REQUEST TO HAVE THE CITY'S CODE
AMENDED TO ALLOW NEUTERED MINIATURE VIETNAMESE POTBELLY PIGS AS HOUSE
PETS -- REFERRED TO CITY ATTORNEY.
Commissioner Plummer: All right. Let's talk about pork chops.
Mayor Suarez: All right. Item 28. Sorry, we tried.
Commissioner Plummer: What I want to know is, what happens when the
pig gets
over 100 pounds? Is there a barbecue?
Vice Mayor Alonso: Oh.
Mr. Derek Murphree: It would be about a $1,000 a plate barbecue.
I'm Derek
Murphree. I live in...
Mayor Suarez: What is Jill Beech doing here? She's not here on
this item.
You knew there was going to be a pig issue here, and you figured
you might,
just sort of, educate yourself. Right?
Commissioner Plummer: How much does this pig weigh?
Mr. Murphree: He's forty pounds and he's full-grown.
Mayor Suarez: We're pleased to have you, in any event.
Commissioner Plummer: He's full-grown.
Mr. Murphree: Yeah. He's a miniature exotic Vietnamese Pot -Belly
pig, not to
be raised as bacon...
Vice Mayor Alonso: Do you know what she did?
Mr. Murphree: ...but he's litter -box trained, leash -trained, and they're
domestic house pets, and they've been zoned that way in most major
metropolises throughout the United States, but Miami hasn't made it specific
yet. And if you'll look in your packages that I gave you, I think you have
them all. On page two I already have a letter from... Oh, by the way, I'm
Derek Murphree. I live at 3156 Mary Street in Coconut Grove. This is a
Pigoman. He also lives there. His name actually is Bang, which is Vietnamese
for friend.
Commissioner Plummer: Who gives a damn what this pig's name is?
Mr. Murphree: OK. If you'll refer to page two of your packet.
286 November 12, 1992
Commissioner Plummer: No, no. You know...
Mr". Murphree. OK,
Commissioner Plummer: Look, if you're going to be serious about this, let's
knock off this publicity kind of talk...
Mr. Murphree: OK.
Commissioner Plummer: ...and let's talk about it, you know. And you've got
all the pictures taken you want to get taken... —
Mr. Murphree: I'm talking about the letter from the City of Miami is what I'm
talking about.
Commissioner Plummer: You're talking... No, sir. You're talking about the
name of the pig, which I couldn't care less what his name is.
Mr. Murphree: I'm talking about page two of the packet. -
Commissioner Plummer: Sir, you just brought out the name of the pig.
Mayor Suarez: All right. But he's not going to talk about it any more.
Commissioner Plummer: Let's talk...
Mr. Murphree: I'm trying to get over it, sir.
Mayor Suarez: What is the issue, sir?
Commissioner Plummer: What's the...
Mayor Suarez: You're not allowed to have a domesticated animal of this sort
in the City of Miami by ordinance.
Commissioner Plummer: That's pretty obvious.
Mr. Murphree: No, actually. No. If you'll look at page two, Commissioner
Plummer, I am. But it's not specific enough. Page two is from Sergio
Rodriguez.
Vice Mayor Alonso: Only one.
Mr. Murphree: OK.
Mayor Suarez: One?
Mr. Murphree: And the... In 6-1 of the City of Miami Code...
Commissioner Plummer: It's spelled out here.
Mr. Murphree: Excuse me?
287 November 12, 1992
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Commissioner Plummer: It's all spelled out here.
Mr. Murphree: It's all spelled out. Right.
exactly spelled out, because...
Commissioner Plummer: Well, I think it...
The problem is that it's not
Mr. Murphree: ...they may be misinterpreted as grazing animals. These are
not grazing animals or livestock. And, in order to avoid... There are a tot
of us that own Vietnamese Pot -Belly pigs right now, and they can be construed
by some guy at a dog catcher, or something, as being something that's illegal,
unless it specifically says... they're defined in the City Code. There are
some examples of other cities that have changed their codes in here to say
that... Livestock is food... is animals that are being raised for food.
These animals are raised as pets and he is not a grazing animal. He eats pig
chow and he's litterbox trained. He doesn't run freely. But, in order to
keep... Other people that I know, who have paid a lot of money for their pets
from being taken away and... It needs to be defined in the City Code.
Mayor Suarez: Let me just time... put a time-out here. Are you involved in
this thing somehow? Well, please get away from the mike. Mr. Smith, sir,
you're the only one left, and the City Attorney. What is the issue? Do we...
Mr. Murphree: There are two proposals...
Mayor Suarez: Does he want a better definition? Is there any problem with
giving him a better definition? Does he want more than one per household? Is
that the issue?
Commissioner Plummer: It's spelled out here.
Mayor Suarez: I just...
Mr. Murphree: It is spelled out. So, there needs to be two changes made.
Sergio Rodriguez has recommended two changes - one in the Code, Section 61A
and one in the Zoning Board...
Mayor Suarez: I don't care about the section number. Can anybody tell us
what the changes are that he wants, and do we recommend them? Can we dispose
of this item? Someone, please. The City has a lot...
Mr. Joe Genuardi: Excuse me.
Mayor Suarez: ...of matters to get through, to spend so much time on this,
unless we have a strong disagreement. Yes?
Mr. Genuardi: Joseph Genuardi. I'm the Zoning Administrator, City of Miami.
The problem is that the Code or the Zoning Ordinance is not specific on
whether a...
Mayor Suarez: What's... We heard that part. What's the other request? Does
it have to do with the number per household?
288 November 12, 1992
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Mr. Genuardi: No, no. It's just that... What he's requesting is that the
Code be amended to be more specific, to allow...
Mayor Suarez: no you have any problem with that modification in the Code? do
you see any practical judicial, philosophical...
Commissioner Plummer: What's the amendment?
Vice Mayor Alonso: To allow this... To include the...
Mayor Suarez: To specifically allow that...
Commissioner Plummer: He's allowed right now.
Mayor Suarez: He wants it to be more specific.
Vice Mayor Alonso: No. It's not...
Commissioner Plummer: Excuse me. Sergio's letter says the following.
Mr. Genuardi: It's my letter. It's not Sergio's. It's mine.
Commissioner Plummer: "A Pot -Belly pig in your home as a pet with the
following conditions..."
Mayor Suarez: By interpretation it's allowed...
Vice Mayor Alonso: By interpretation.
Mayor Suarez: ...but this man is saying that he would like it more specific
so that...
Commissioner Dawkins: Sergio is...
Mayor Suarez: ...dog catchers, et cetera, do not make a mistake and take the
pig away.
Commissioner Dawkins: Sergio is not the City Attorney. OK? Mr. City
Attorney is this legal? Is this legal?
Commissioner Plummer: Sir, may I ask a question?
Mayor Suarez: Wait, wait. I just want to know what the issue is.
Commissioner Plummer: Where do you live, sir? 3166 Mary?
Mr. Murphree: Fifty-six Mary.
Commissioner Plummer: Fifty-six Mary.
Commissioner Dawkins: Mr. City Attorney...
Mayor Suarez: All right. Having established that there is no strong zoning
or building concern about this...
289 November 12, 1992
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Commissioner Plummers Is that an apartment house?
Mayor Suarez: Is that correct?
Commissioner Plummer: It's a home?
Mr. Genuardi: Not 1f it's...
Mayor Suarez: Not you, sir. You, Mr. Genuardi.
Mr. Genuardi: Not if it meets the restrictions that I have listed in the
letter.
Mayor Suarez: All right, then. Do we have any legal problem that you can
envision? Are we going to have an avalanche of people requesting these kinds
of modifications in our ordinance?
A. Quinn Jones III, Esq. (City Attorney): I doubt very seriously.
Mayor Suarez: You doubt that seriously. So, you see no major legal problem?
Commissioner Plummer: For what?
Mayor Suarez: All right. Then make the modification to be more specific that
these particular kinds of animals, with these particular kinds of habits, are
allowed in the City as domesticated pets.
Vice Mayor Alonso: With the modification that they are requesting it's going
to allow one.
Mr. Jones: Why don't we do this, Mr...
Mr. Genuardi: One per household.
Mr. Jones: If I may make a suggestion...
Commissioner Plummer: Wait a minute. You're really kidding me.
Mayor Suarez: No. I just want to get to the next item. I don't care.
Commissioner Plummer: You're telling me...
Mr. Jones: Mr. Mayor?
Commissioner Plummer: ...that as the Mayor of this City, that you would have
no problem if your next door neighbor had these running around their yard?
Vice Mayor Alonso: I...
Commissioner Plummer: Wait, wait. I want to hear his answer.
Mr. Murphree: They're cleaner than cats or dogs.
290 November 12, 1992
Commissioner Plummer: Wait.
Vice Mayor Alonso: Well, he probably had neighbors who had it when he was a
Child in Cuba.
Commissioner Plummer: Is that...
Mr. Jones: Mr...
Commissioner Plummer: But he's not in Cuba now and he's not a child.
Mayor Suarez: Right on both counts.
Mr. Jones: Mr. Mayor...
Commissioner Plummer: Now...
Mayor Suarez: Right on both counts.
Commissioner Plummer: I want to know...
Vice Mayor Alonso: I bet you had one.
Commissioner Plummer: Wait a minute. Wait a minute. I want to know about
this "COCHINO."
Mr. Jones: Mr. Mayor?
Commissioner Plummer: What is going to happen with pork chops?
Mr. Jones: Mr. Mayor?
Commissioner Plummer: I...
Mayor Suarez: These are not being bred for...
Commissioner Plummer: Mr. Mayor, I ask the question again.
Mayor Suarez: I didn't understand your question, sir. I thought you were
trying to be...
Commissioner Plummer: Are you telling me that you would have no objections,
if your next door neighbor...
Mayor Suarez: I thought you were trying to be cute, which is obviously
impossible. Go ahead.
Commissioner Plummer: I would find... If I had a neighbor who had one of
these, I would find it objectionable, I'm going to tell you.
Mr. Jones: Mr. Mayor, may I make a suggestion? Let me look at this. It may
require an amendment to the zoning ordinance as well. Let me do this. Let me
look closely at it and if there is no legal impediment to doing it, because I
don't want it to be said that...
291 November 12, 1992
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Mayor Suarez: All right.
Mr. Jones: ...you're taking action as arbitrary and capricious, and bring it
back.
Mayor Suarez: I understand. I have to tell you in all seriousness, J.L., you
asked if I had a neighbor that... [LAUGHTER] All right. Send it to the City
Attorney. They're... They seem to be very well dressed. I mean the people
who are with the pet.
Commissioner Plummer: The Mayor just got a new staff member.
Mayor Suarez: It doesn't seem like it creates...
Commissioner Plummer: Where's Rita? Hey, Rita!
Mayor Suarez: It doesn't seem like it creates a problem. I really don't see
it. I mean... You know...
Mr. Murphree: They use a litterbox and they're cleaner than cats or dogs, and
smarter.
Mayor Suarez: People... Yeah. People have cats and dogs that I would not
particularly want to have sitting, right now, on that particular chair, and
there's the pig.
Vice Mayor Alonso: I want you to know...
Commissioner Plummer: Well, wait until this sucker starts digging and rooting
in your back yard and wants a mud bath.
Vice Mayor Alonso: Very well trained.
Commissioner Plummer: OK?
Mr. Murphree: Huh? Oh, he's trained. Yeah. They don't do that though.
That's a domestic American pig.
Commissioner Plummer: Oh, they're going to love...
Mr. Murphree: These are not indigenous to the United States.
Commissioner Plummer: They're going to love the Mayor's pool. Oh, yeah.
Mayor Suarez: All right. It's being referred to the City Attorney and we're
going to bring it back. I don't think you need to bring the exhibit with you
next time. We'll try to resolve it without the pig here. All right?
Mr. Murphree: Thank you very much.
Mayor Suarez: We've seen enough of the pet. Do you need a motion to that
effect, Mr. City Attorney? Thank you. Item 29. And by the way, you do have
a zoning interpretation right now that is legal.
292 November 12, 1992
Commissioner Plummer: It is. Right here.
Mayor Suarez: So, keep 1t with you handy and... Did I understand that
correctly, Joe Genuardi, that it was legal?
Vice Mayor Alonso: And I love it.
Commissioner Plummer: You'd better keep that...
Vice Mayor Alonso: Very nice.
Commissioner Plummer: You'd better keep that sucker inside. It looks like to
me he's looking for Heinz 57.
Mayor Suarez: Thank you for giving us one of the lighter moments that we've
had here today.
Vice Mayor Alonso: Yes.
65. ENDORSE, IN PRINCIPLE, FRATERNAL ORDER OF POLICE'S (FOP) REQUEST FOR USE
OF FORMER FIRE STATION AT 151 N.W. 27 AVENUE -- REFER TO CITY ATTORNEY.
Mayor Suarez: Item 29. FOP (Fraternal Order of Police). Yes, Bobby.
Commissioner Plummer: This is strictly a lease and you're going to pay us the
equivalent of what the taxes would bring. Right?
Mr. Robert Anderson: Yes. That's what we had originally proposed.
Commissioner Plummer: I move it.
A. Quinn Jones III, Esq. (City Attorney): Hold it, Mr...
Commissioner Dawkins: Second.
Mr. Jones: Wait, wait.
Commissioner Plummer: Wait for what?
Mr. Jones: Wait. This is item 29.
Commissioner Plummer: That's correct, sir.
Mr. Jones: I didn't hear that.
Vice Mayor Alonso: Yes.
293 November 12, 1992
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Mayor Suarez: Yes. Item 29 has been moved and seconded. Now, Mr. City
Attorney, what's the...
Mr. Jones: I had discussions with Mr. Cohen, who basically told me, in a
matter of a few minutes ago, that he just wanted to meet with me and explore
the proper means...
Commissioner Plummer: Excuse me. Who is Mr. Cohen?
Mr. Jones: Mr. Cohen 1s of Klausner & Cohen and represents the FOP. The
concern I have, certainly, is that what's proposed here does not follow the
City's procurement policies for disposition of City property.
Commissioner Plummer: Well, no... We're not going...
Mr. Jones: Wait, wait.
Commissioner Plummer: We're not disposing of it.
Mr. Jones: Well, you are. A lease 1s considered disposition, which means the
City has to get fair return, and there's the requirement in there, under 29B,
which talks about having... soliciting proposals for the lease of this
property. So, it's just not as simple as leasing the property to them. I
indicated that I would meet with Mr. Cohen, and we could explore what may be
the proper means to do it. But you cannot approve this outright because it
would be a...
Commissioner Plummer: Well, excuse me. Let me tell you how we can. Why not
a revokable permit?
Mr. Jones: Well, the problem... I have continually advised you, the problem
I have with revokable permits, given what the FOP proposes to do in terms of
permanent improvements. When I became City Attorney I circulated a memo to
you, explaining to you what I thought were caveats to be guided by in issuing
revokable permits, given the status of the case law, which seems to suggest...
1t does not seem to suggest, it does suggest... in those instances where you
grant. revokable permits, and you allow the permittees to make substantial
improvements, whatever else, the way the law is going now, is that...
Commissioner Plummer: They're at their own risk.
Mr. Jones: No. The courts have declared... despite language that says it
may be at your own risk, whatever, courts are taking the position that they
have a permanent... some sort of permanent right to use this particular
property, and I would strongly recommend your granting a revokable permit.
Commissioner Plummer: Well, look, let's admit the truth. If you hold to that
set and that criteria, there's no way they're going to get it. OK?
Mr. Jones: Well, but they're talking about long-term use.
Commissioner Plummer: No, no. I'm talking about a fair return, and what
they're proposing is to pay what is the equivalent of what the taxes would
bring. That is...
294 November 12, 1992
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Mr. Anderson: Which you're not getting now.
Commissioner Plummer: Huh?
Mr. Anderson: Which you're not getting now.
Commissioner Plummer: Well, I understand that. But he's talking about a fair
return, which is basically, usually, ten percent of the value of the property.
And I'm sure it far exceeds what the tax bill is. So, if we have to go with
what he's talking about, there's no way you're going to get it for the $12,000
a year.
Mr. Anderson: Plus, in the condition it's in... I don't know if you've
driven by there. The building is in horrible condition and we are looking to
immediately spend $50,000 to bring that building up to a 1993 structure.
Commissioner Plummer: That's not the point. The value is what makes the
determination as to...
Mr. Anderson: Exactly.
Commissioner Plummer: ...what is the fair value. And I'm saying to you...
Commissioner Dawkins: Once you bring it up...
Commissioner Plummer: ...if we have to follow this set of criteria, fair
value is going to be far in excess of $12,000. That's why I think that you
ought to think about going another route. Is there another route, Mr. City
Attorney, that they could follow, that in fact would not have to kick in this
procedure, which I say would kill them?
Mr. Jones: Off the top of my head, right now, I certainly can't tell you of
any other way. I'm willing, as Mr. Cohen had asked me earlier, to sit down
and see if we can come up with some...
Commissioner Plummer: So, do it, then.
Commissioner Dawkins: OK. I move that we give this to the City Attorney,
bring it back on the loth, not to tell me how to do it but... how not to do
it, but tell me how to do it.
Commissioner Plummer: I withdraw my motion for approval, which basically I
have to do to let that motion prevail.
! Mayor Suarez: So moved. The form to be determined as most expeditiously by
the City Attorney.
! Vice Mayor Alonso: And, also, I have a discrepancy with the address. Is it
151 or 141?
Commissioner Plummer: It's the old fire station.
Mr. Anderson: It's one... Right. 151 N.W. 27th Avenue.
295 November 12, 1992
Vice Mayor Alonso: One fifty-one?
Mr. Anderson: Correct.
Commissioner Dawkins: But, whatever you cone back with, Ism voting approval.
Mayor Suarez: All right. Very good.
Mr. Anderson: Thank you.
Mayor Suarez: It sounds like you're going to do very well here.
Commissioner Dawkins: Whatever it is.
Mr. Anderson: Thank you.
Mayor Suarez: Al right. So moved and seconded, to refer to the City
Attorney for the final determination as to the ideal form, with the
wholehearted endorsement of the concept. So moved. Seconded. Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-746
A MOTION ACCEPTING, IN PRINCIPLE, REQUEST RECEIVED
FROM THE FRATERNAL ORDER OF POLICE, MIAMI LODGE NO. 20
FOR USE OF FORMER FIRE STATION LOCATED AT
APPROXIMATELY 151 N.W. 27 AVENUE; FURTHER REFERRING
SAID REQUEST TO THE CITY ATTORNEY FOR HIS REVIEW AND A
RECOMMENDATION AS TO HOW TO STRUCTURE SAME NO LATER
THAN BY THE MEETING PRESENTLY SCHEDULED FOR DECEMBER
10, 1992.
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.
296 November 12, 1992
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66. GRANT REQUEST 6Y SUNSTREET FESTIVAL COMMITTEE, INC. FOR CLOSURE OF
DESIGNATED STREETS CONCERNING SUNSTREET FESTIVAL -- AUTHORIZE SALE OF
DEER AND WINE -- RESTRICT PEDDLERS.
----------------- ----------------------------------------------- ------------
Mayor Suarez: Item...
Commissioner De Yurre: Mr. Mayor?
Mayor Suarez: Yes.
Commissioner De Yurre: As I announced before, I'm going to be leaving
approximately 7:00 o'clock. There are two items that I would like to, though,
be involved in, if I may, and that is PZ-1 and also item 45, this executive
mayor thing.
Mayor Suarez: Right. We're going to try to get to item 45, which is from the
items that have already been discussed today, by 6:30 and PZ-1, hopefully,
very quickly, if we can get through these. If not...
Commissioner Plummer: Where are we?
Commissioner Dawkins: Item 30.
Mayor Suarez: Item 30, Sunstreet Festival. Do you have any problems with the
street closure, Joe? Lieutenant?
Commissioner Plumper: Not the waiver of fees.
Mayor Suarez: OK. As to the street closure, I'll entertain a motion.
Commissioner Plummer: So moved.
Commissioner Dawkins: So... Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
297 November 12, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-747
A RESOLUTION RELATED TO THE SUNSTREET FESTIVAL TO BE
CONDUCTED BY THE SUNSTREET FESTIVAL COMMITTEE, INC. ON
DECEMBER 5, 1992; PROVIDING FOR THE CLOSURE OF
DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC;
ESTABLISHING A PEDESTRIAN MALL, SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND
FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING A
ONE -DAY PERMIT TO SELL BEER AND WINE IN CONNECTION
WITH SAID EVENT, SUBJECT TO THE ISSUANCE OF ALL
PERMITS REQUIRED BY LAW; ESTABLISHING AN AREA
PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE
EVENT; FURTHER, CONDITIONED UPON THE ORGANIZERS PAYING
FOR ALL COSTS OF NECESSARY CITY SERVICES AND
APPLICABLE FEES ASSOCIATED WITH SAID EVENT AND
OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT
AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Dawkins: Sale of beer and wine. We've got a problem.
Mayor Suarez: Oh, I meant to include that. Is that...
Vice Mayor Alonso: Oh, yes.
Mayor Suarez: ...OK with the police?
Commissioner Plummer: And restriction of peddlers, no problem.
Vice Mayor Alonso: No problem.
Mayor Suarez: All right. Oh, I meant all of that. OK.
Commissioner Dawkins: OK.
298 November 12, 1992
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Vice Mayor Alonso: That Included... Yes. -
Mayor Suarez: OK. So anything having to do with money, we don't have money,
but if you want to try us...
Mr. Arthur Brooks% No. My name is Arthur Brooks and this is... I'm
president of the Sunstreet Festival. And my address is 7615 N.W. 2nd Avenue.
Mayor Suarez: Arthur Brooks?
Mr. Brooks: Yes.
Mayor Suarez: Are you related to our Arthur Brooks?
Mr. Brooks: No.
Mayor Suarez: All right.
Mr. Brooks: I was sent a congratulations letter when he got married. They
sent it to the wrong Arthur Brooks.
Mayor Suarez: All right, sir.
Mr. Brooks: Anyway, Mr. Mayor and Commissioners, this is our ninth year we're
putting on the Sunstreet Festival, and it's a Miami -born celebration. And
it's put on in the Liberty City area, around N.W. 7th Avenue, which is
dedicated to one of our late founders, Essie Silver. And the only reason why
I would like to have something to say this afternoon, is the fact that we have
pretty high police calls, and pretty high fire and rescue calls, and I was
asking if there's any kind of way that you could help us with that, we would
really appreciate it.
Mayor Suarez: e Well, we can help you by putting a little pressure on the
Administration to be more reasonable on their requirements. Did you have any
incidents last year at all?
Mr. Brooks: No. We've never had any incidents. We've never have had any at
all.
Mayor Suarez: Can we try to work with them a little bit on that, Lieutenant?
To reduce the requirements?
Lt. Joseph Longueira: Sir?
Mayor Suarez: If they have their own people who provide security, et cetera.
Adequately identified and...
Lt. Longueira: Sir, the only information I have is that last year the MCPBA
(Miami Community Police Benevolent Association) provided volunteers from their
membership. This year they've stated they've been unable to do that. As far
as incidents, I don't know of any incidents.
299 November 12, 1992
Mayor Suarez: What is the requirement of police? What's the total?
Lt. Longueira: I believe last year they had two sergeants and like ten police
officers.
Mayor Suarez: How many people, roughly, attended last year? Mr. Brooks?
Mr. Brooks: Attended the festival? It was pretty close to 100,000.
Somewhere in that neighborhood. You know, off and on, going and coming.
Mayor Suarez: You may be able to get just a slight contraction... Officer,
can we just make sure that that door is closed? That hallway is not supposed
to be used, except to go to Commissioner Plummer's office. I'm sure nobody
would want to do that.
Mr. Brooks: Well, we have estimated police costs that we got from Officer
Knight and Major Washington, it was full - 01 full. And we were hoping that
that could be reduced in some way, because last year we had to really scuffle
to get police protection out there and...
Mayor Suarez: One hundred thousand people is a fair number of people to have
much less than the number of officers that he is suggesting. Maybe I'm being
overly optimistic, but we can certainly with our motion, instruct the
Administration to work with you, to see if they can reduce that a little bit.
Mr. Brooks: I would appreciate that, Mr. Mayor. And I'm certain the
community will appreciate it also.
Mayor Suarez: All right, sir.
Mr. Brooks: It's a very enjoyable festival and thanks very kindly.
Mayor Suarez: Thank you, Mr. Brooks.
Mr. Brooks: Thank you.
67. (A) DISCUSS AND REFER TO ADMINISTRATION FUNDING REQUEST BY CENTER FOR
HAITIAN STUDIES, INC. TO ALLOW THEM TO PROVIDE TRANSLATION, ADVOCACY AND
REFERRAL SERVICES TO HAITIAN COMMUNITY.
(B) COMMISSIONER PLUMMER DIRECTS ADMINISTRATION NOT TO PLACE ON ANY
FUTURE AGENDA ANY SIMILAR APPLICATIONS FOR REQUESTED WAIVER OF FEES.
Mayor Suarez: Al right. Item 31, Center for Haitian Studies, funds to
provide services to the Haitian community, to include translation, advocacy
and referral services. Now, you would usually apply under our CDBG (Community
Development Block Grant) program, and that funding cycle begins about the next
month or so, the application process. You would qualify as a social program,
not economic development, and you may have a shot. That's the man you have to
see. Today we cannot do a thing for you, except get to know you. Do you want
to put your name on the record?
300 November 12, 1992
v
Mr. Larry Pierre: Well, I guess that's OK with me. That's fine.
Mayor Suarez: OK. Why don't you put your name on the record.
Commissioner Plummer: Can I... Can I...
Vice Mayor Alonso: What is important is that he gets together with Frank
Castaneda, he is given, you know, some sort of walk through the system and how
to apply, what to do, and so he will understand how it is done, and his
possibility. Because if he's not ready to apply very soon, he will not be
able to be included in the CDBG funding, or go through the process, and he
will find himself next year with zero again.
Mayor Suarez: Right. There's an increase of what? Eighteen percent?
Seventeen point something percent?
Mr. Frank Castaneda: That's correct.
Mayor Suarez: So...
Commissioner Plummer: Mr. Mayor, may I ask a...
Mr. Pierre: Yeah. I...
Mayor Suarez: Better shot this year than other years where we've had a
decrease. This year we've had an increase.
Mr. Pierre: Yeah. I...
Commissioner Plummer: Can I ask a question?
Mayor Suarez: Commissioner Plummer?
Commissioner Plummer: And this is not... Don't take this personal, sir.
Mr. Pierre: Yeah.
Commissioner Plummer: How did he get on the agenda? I mean, you know...
you, the Administration, know that there was no way we could help this man
today. Now, how did he get on the agenda? It was my understanding that all
discussion and personal items had to go through the Administration before they
got to the agenda. You know... And let me say this to you. Mr. Mayor, maybe
we need to give a little bit more policy to the Administration.
Mayor Suarez: I referred it...
Commissioner Plummer: I'm ready to make a motion that no...
Mayor Suarez: OK. In this case, I think I got his request and I asked for it
to be scheduled.
Dr. Larry Pierre: Yeah. I...
301 November 12, 1992
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Mayor Suarez: That's an incorrect procedure.
Commissioner Plumper: Yeah. I understand, but...
Mayor Suarez: Let's refer all those to the Administration, for your input...
Commissioner Plummer: Before they come here.
Mayor Suarez: Absolutely.
Commissioner Plummer: I mean, to have the man come here and have us tell him
no...
Vice Mayor Alonso: Even if a Commissioner, or the Mayor, says...
Mayor Suarez: Yeah. Even if... Let's...
Commissioner Plumper: ...they could have told him that.
Mayor Suarez: Right.
Vice Mayor Alonso: They should be guided in the right direction...
Dr. Pierre: No, no. Let me...
Vice Mayor Alonso: ...because then their hopes get very high and when they
get here they don't get any funding.
Mayor Suarez: In this kind of matter, you should have gone through the
Administration.
Dr. Pierre: No, no. Let me tell you how that happened. After the...
Following the Hurricane Andrew, we published... the Center for Haitian
Studies, we conducted research in the area affected by the Hurricane Andrew,
on the impact of the hurricane on the Haitian population.
Mayor Suarez: Give us your name and address once again, sir.
Dr. Pierre: My name is Dr. Larry Pierre...
Mayor Suarez: Doctor...
Dr. Pierre: ...and I'm the executive director of the Center for Haitian
Studies.
Mayor Suarez: OK, Doctor.
Dr. Pierre: So, after I sent the report out, I also wrote a letter to the
City, informing them of the report and I worked closed with the NET
(Neighborhood Enhancement Team) office you have in Little Haiti. So, I wrote
a letter to the Mayor and somebody got a hold of the letter. And because we
had an influx of people who were affected by the hurricane, either because
they are located in North Dade and our case load has increased.
302 November 12, 1992
MMMMMM
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Mayor Suare2: Yeah. What we should have done is...
technically a right to a personal appearance...
Commissioner Plummer: Of course.
see, you have
Mayor Suarez: ...but what we really should have done is referred you to the
Administration to see what their recommendation was. We're sorry we didn't do
that. We're doing that now. And we have an idea of what you want to do, and
it sounds like it may very well qualify for CDBG (Community Development Block
Grant) funds.
Commissioner Plummer: Yeah. But Mr. Mayor, the other thing I was trying to
bring out is on the waiver of these fees, which we're not... we've taken a
stand, we're not going to do...
Mayor Suarez: Right.
Commissioner Plummer: ...don't even put it on the agenda. Don't give people
false hope of coming here and making us bad guys. Tell the Administration, by
policy, no longer do you put on any of these applications the waiver of fees.
We've taken a policy. We're not going to do it. So, don't give the people...
Mayor Suarez: Yeah. Basically.
Commissioner Plummer: ...any inclination that they can come here and get
them.
Dr. Pierre: No, no. But, that's fine. That's OK. I...
Vice Mayor Alonso: Yeah.
Commissioner Plummer: This is not you personally.
Mayor Suarez: Yeah that doesn't effect you.
Vice Mayor Alonso: No. But this is not in reference...
Mayor Suarez: That's not in reference to you.
Vice Mayor Alonso: The comments he's making have nothing to do with you.
Dr. Pierre: Yeah.
Vice Mayor Alonso: So, what it should be is you get together with him,
explain to him the system, which he probably doesn't understand...
Dr. Pierre: I do understand. I know...
Vice Mayor Alonso: ...and once he does he will have a good opportunity...
Dr. Pierre: All right.
Mayor Suarez: All right.
303 November 12, 1992
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Vice Mayor Alonso: ...as to be able to receive the funding.
Mayor Suarez: Thank you, Doctor.
Dr. Pierre: OK.
Mayor Suarez: All right, sir.
-------------- -------------------------------- -_-----------------------------
68. INSTRUCT ADMINISTRATION TO PURCHASE PROPERTY ON GRAND AVENUE (FORMER
CHURCH'S CHICKEN) TO BE DEVELOPED AND OPERATED BY DEPARTMENT OF OFF-
STREET PARKING AS A PARKING LOT NEXT TO GOOMBAY PLAZA / TIKI
REDEVELOPMENT PROJECT.
Mayor Suarez: Item 32. Coconut Grove LDC (Local Development Corporation).
What do you need to tell us, David? Things are moving? The school
superintendent wants to meet...
Mr. David Alexander: Thank you, Mr. Mayor.
Mayor Suarez: I don't know if you know the date. ...about the possibility of
doing something on the southwest corner.
Mr. Alexander: Yes. I got the memo.
Mayor Suarez: All right, sir. But he has called since then, to schedule a
meeting himself.
Mr. Alexander: Mr. Mayor, Commissioners, Vice Mayor - David Alexander,
executive director of Coconut Grove Local Development. We appeared at the
last Commission meeting and asked if you would allow us to come back to
ropose a reduction of the GUTS (Grovites United To Survive) loan to about
270,000 and take the remaining balance...
Commissioner Plummer: Reduction of a what?
Mr. Alexander: ...vested in the CDC as a grant...
Commissioner Plummer: Reduction of a what?
Mr. Alexander: ...and let us buy the property, so we can build other parking
facilities, and rehab the apartment building that's adjacent to the Tiki Club.
We have met with staff. We've met with the Manager and Grovites United To
Survive 1s represented by Mrs. Gibson tonight. They are 100 percent in favor
of this. So, we ask that you approve our proposals.
Commissioner Plummer: Refresh my memory, David. You're asking us to do what?
Mr. Alexander: To turn a loan into a grant...
Mr. Frank Castaneda: Commissioner...
304 November 12, 1992
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Mr. Alexandert ...to the CDC for the money that has not been expended on the
original $500,000 from seven years ago for Grovites United To Survive.
Commissioner Plummer: How can we give you a grant of $270,000?
Mr. Alexander: Two hundred thirty. Two hundred seventy has been spent.
Commissioner Plummer: How can we give you a grant of that?
Mr. Alexander: Because that's what the money is for, sir - community
development.
Commissioner Plummer: No. It was a loan. It was never a grant. It was
always a loan. You would have...
Mr. Alexander: It's a loan to the private sector, Commissioner, but it would
be a grant...
Commissioner Plummer: Sir...
Mr. Alexander: ...to the CDC.
Commissioner Plummer: Excuse me. We didn't consider GUTS to be the private
sector. It was and we knew that, but we knew what they were trying to
accomplish and we dealt with it accordingly. I've got to tell you something.
As much as I'm in favor of that organization, and that area, I don't think it
would have ever been approved as a grant. It was a loan. And as such, a loan
was to be paid back.
Mr. Alexander: Commissioner, as you know, that's the usual purview of the
Commission, is to determine when the private sector is involved...
Commissioner Plummer: I...
Mr. Alexander: ... it has to be a pay -back on funding. But, you know, you
have precedents. Almost every year this City Commission makes grants to CDCs
or makes grants through its own departments for land acquisition.
Commissioner Plummer: And what you want, as I understand it, is to buy the
property?
Mr. Alexander: Buy the Church's Fried Chicken property and buy the property
next door, where that apartment building is now.
Commissioner Plummer: Why don't we buy it, and let you use, it and then we
own it? Because you're not going to pay any taxes on it.
Mr. Alexander: Well, we will pay taxes, Commissioner. But what will happen
if you do this is that...
Mayor Suarez: No, the other way around. If we bought it, we wouldn't pay
taxes on it.
305 November 12, 1992
3
Vice Mayor Alonso: We don't pay taxes.
Commissioner Plummer: They're not going to pay...
Mr. Alexander: You wouldn't pay taxes.
Mayor Suarez: if they buy it, they pay taxes on it.
Commissioner Dawkins: Who is going to own it? Coconut Grove...
Commissioner Plummer: Who's going to...
Commissioner Dawkins: ...Local Development or GUTS?
Mr. Alexander: Coconut Grove Local Development would own the properties.
Commissioner Plummer: They don't pay taxes.
Mr. Alexander: Wait. Yes, sir. We do.
Commissioner Plummer: Ad valorem?
Commissioner Dawkins: No.
Mr. Alexander: Yes, sir. We do.
Commissioner Plummer: You're not a 501C?
Mr. Alexander: Yes, we are, but... you know, the way the 501C3 is written,
Commissioner, once we are into commercial real estate and it's income
bringing, we pay taxes on it, sir.
Commissioner Plummer: Well, excuse me. I would be in favor of taking the
money, reinvesting the money, we buy the property and we'll lease it to you.
Mayor Suarez: Then it doesn't pay taxes.
Commissioner Plummer: Then it's our property. It still belongs to the
taxpayers.
Mr. Alexander: We don't have any problem with that, Commissioner.
Vice Mayor Alonso: But it doesn't pay taxes.
Mr. Alexander: The...
Commissioner Plummer: They're not going to pay taxes anyway. Don't kid
yourself.
Mr. Alexander: We don't have any problem at all with that, Commissioner, if
that's the way you want to do it.
Commissioner Plummer: We'll lease it back to them for whatever the equivalent
of the taxes would be.
306 November 12, 1992
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Mr. Alexander: To the LDC.
Commissioner Plummer: Fine.
Commissioner Dawkins: No. To GUTS. No. Not to the LDC. No.
Mr. Alexander: OK. No problem with that either.
Commissioner Dawkins: Well, I haven't got...
Commissioner Plummer: The loan was...
Commissioner Dawkins: Beg your pardon?
Commissioner Plummer: The loan was to GUTS.
Commissioner Dawkins: OK. All right, then. That's all. Hey, I mean...
Ms. Thelma Gibson: We don't have...
Commissioner Dawkins: We've been saying all along that we were supposed to
help GUTS develop this corner. So, I intend to help GUTS develop the corner.
Mr. Alexander: No problem, Commission.
Commissioner Dawkins: OK. All right. No problem.
Mr. Alexander: That will work just fine.
Commissioner Plummer: Well, that's understood. That if we give... Let me
ive... Let me walk you through this. The way I vote - OK? - we will take
230,000 of that money, which originally was a grant...
Mr. Alexander: Loan.
Mr. Castaneda: Loan.
Commissioner Plummer: ...and we will transfer that to purchase the property.
The ownership of the property will be in the City of Miami. We will give you
a lease...
Commissioner Dawkins: No. GUTS.
Commissioner Plummer: ...in which... GUTS... we will lease the property to
GUTS for the equivalent of what the taxes are on the property, for 10 years or
20 years. But at any time that it's ever vacated, we assume the property free
and clear, at no charge.
Mr. Alexander: No problem, Commissioner. Then...
I
7
Commissioner Plummer: That's fine.
307 November 12, 1992
a �r
Mr. Alexander: Can I bring to the table something new then? Because this
changes our development plan. One of the properties contains an apartment
building, which is a mixed use building, three commercial stores in it. Those
stores have to be rehabbed and the apartment units have to be rehabbed. We
have a deal on the table for a total of two buildings, 15 units residential.
We need residential rehabilitation funding for that.
Commissioner Plummer: Go ahead.
A. Quinn Jones III, Esq. (City Attorney): Commissioner...
Mr. Alexander: I'm not sure if the City purchases that, that we can stand the
debt load.
Mr. Frank Castaneda: DEJA QUE EL Law Department... DEJA QUE EL HABLE
PRIMERO.
Commissioner Plummer: Why not?
Commissioner Dawkins: You know...
Mr. Alexander: Because we have funding, as you know, that 1s borrowed funds.
Commissioner Dawkins: You know what, Mr. Alexander...
Commissioner Plummer: Yeah. But you...
Mr. Castaneda: PERO DEJA QUE HABLE PRIMERO.
Commissioner Dawkins: ...somewhere along the lines, the Coconut Grove Local
Development Corporation has to stand on its own two feet.
Mr. Alexander: I agree, Commissioner.
Commissioner Dawkins: OK. Now, every time, you know, you hear... it's we've
got to assist you, we keep assisting you. You know, when are you going to say
to us, "Hey, I'm going to help GUTS because you have helped me"?
Mr. Alexander: This is what it's about, Commissioner.
Commissioner Dawkins: No. It's...
Mr. Alexander: As you probably know...
Commissioner Dawkins: You're right. That's what I'm getting ready to do.
Mayor Suarez: Ms. Gibson?
Ms. Gibson: Let me just... Thelma Gibson, at 36621 Franklin Avenue. Mr.
Mayor and members of the Commission, the only reason we wanted to give it to
the local development corporation, rather than GUTS, was because in the
community, the feeling was that GUTS wanted everything, and they were not
allowing us to go ahead, because they didn't want us to go ahead. So, we felt
that if it belonged to the local development corporation, then it would belong
to the community, and not to the private group. And that was...
308 November 12, 1992
v
Commissioner Dawkins: But it will not belong to the community, Ms. Gibson.
Ms. Gibson: OK. That...
Commissioner Dawkins: It will belong to them.
Ms. Gibson: That was our thinking.
Commissioner Plummer: No. It won't belong... It will belong to the City.
Ms. Gibson: Yeah. The local development is a City...
Commissioner Plummer: And you can take the LDC...
Ms. Gibson: ...department.
Commissioner Plummer: ...money and make the improvements.
why you can't do that.
Ms. Gibson: OK. I have no... We have no problem with that.
Commissioner Dawkins: All right. So move.
Ms. Gibson: We were trying to...
Commissioner Dawkins: So move.
Mr. Jones: Commissioner, wait.
Mr. Castaneda: Commissioners...
Vice Mayor Alonso: Second.
Mr. Jones: Hold on a second, please. Let Mr. Castaneda...
Mr. Castaneda: Yeah.
There's no reason
Mr. Jones: ...put something on the record, because...
Mayor Suarez: Yes, sir.
Mr. Jones: ..what you were talking about, again, was purchasing the property
and leasing it back to them. You can't do that. That violates 29b. You've
got to get fair return if you're going to do that. I think Mr. Castaneda has
an alternative.
Commissioner Plummer: Who establishes what is fair return?
Mr. Jones: Under the Code, you'd have to get appraisals, or whatever.
Commissioner Plummer: Who establishes what is fair return?
Mr. Jones: You'd have to get appraisals to establish what fair return is.
309 November 12, 1992
Commissioner Plummer: OK. All right. And we don't have to stick by that.
Mr. Jones: Commissioner, all I'm telling you is what your Code requires you
to do in terms of...
Commissioner Dawkins: It's 6:30. Let's do 45 before...
Mr. Jones: ...disposing of City real property. And you cannot simply buy it
and lease it back to them.
Mr. Castaneda: Commissioner...
Mayor Suarez: I want to get item 45 by 6:30.
Mr. Castaneda: Let me offer an alternative.
Commissioner Plummer: Excuse me. Would you repeat your last statement?
Mayor Suarez: Give us something nice and simple to do. We want this to be
done. You've heard different views of how we think it can be done. Do you
have any... All right, please.
Mr. Castaneda: Commissioners, basically what they need this land for is for
parking. If we give this property either to Off -Street Parking Authority, or
we let Off -Street Parking develop it into a parking area, they can use the
parking. I believe that it resolves the problem.
Commissioner Plummer: Fine.
Mr. Castaneda: And it solves the problem of the City Attorney and I think it
resolves the Commissioner's problem.
Commissioner Dawkins: OK. Bring it back on the loth done.
Commissioner Plummer: That's it.
Commissioner Dawkins: And tell us how to do it.
Ms. Gibson: Oh, it's supposed to be done. Mr. Commissioner, please don't let
us have to come back, because we want... We're ready to go. The main thing
is egress and ingress off of Douglas Road, rather than the Florida Avenue,
which is where the families live. And we want to egress off the commercial.
Commissioner Dawkins: Well, I have to beg to disagree with you. It is not a
done deal, because you've got...
Ms. Gibson: No, I'm sorry. I didn't mean it that way. I really didn't.
What I was saying is, we would hope that we could go ahead now, because we're
almost at the point that the plans are being readied for the parking.
Commissioner Dawkins: Well, Mrs. Gibson, I'm going to tell you...
310 November 12, 1992
Commissioner Plummer: This is the worst cup of coffee I've ever had. I want
a decent cup of coffee. Whoever made this, yuck!
Ms. Gibson: And the biggest problem is ingress and egress.
Commissioner Dawkins: I'm going to tell you, Mrs. Gibson. I cannot vote to
let Coconut Grove Local Development Corporation to have that property. I
can't vote for that.
Ms. Gibson: No, I said GUTS.
Commissioner Dawkins: OK. All right.
Ms. Gibson: We said GUTS.
Commissioner Dawkins: Then I just can't vote for that.
Ms. Gibson: GUTS will keep the property. We'll buy it. The City will buy
it. We'll get it.
Mayor Suarez: All right. So, the motion... So, the proposal will be... How
do you want to state it? Do you want to leave the possibility that GUTS would
lease it from the City? Or the Off -Street Parking Authority would own it,
rather?
Mr. Castaneda: Well, the Off -Street Parking Authority would operate it as a
parking lot, which would provide the parking for these individuals.
Mayor Suarez: With a lease... a long-term lease to GUTS.
Mr. Castaneda: Yeah.
Ms. Gibson: OK.
Mayor Suarez: Not to the Coconut Grove LDC.
Commissioner Dawkins: Right.
Ms. Gibson: OK.
Mayor Suarez: All right?
Ms. Gibson: Very good.
Commissioner Dawkins: Right, Mr. Mayor.
Mayor Suarez: All right. So far, so good.
Ms. Gibson: Thank you.
Vice Mayor Alonso: So, we are in agreement. No problem.
Commissioner Plummer: That's fine.
311 November 12, 1992
Ms. Gibson: Thank you. We appreciate it.
Mayor Suarez: I'll entertain a motion to that effect.
Commissioner Plummer: So move.
Vice Mayor Alonso: So move.
Mayor Suarez: Commissioner Plummer so moves.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Call the roll.
Ms. Esther Mae Armbrister: Wait, before you...
Mayor Suarez: Yes. OK. I'm sorry, Ms. Armbrister.
Ms. Armbrister: Before you decide what you're going to do with the south side
of Grand Avenue, we have a CAACED, and that's a community organization, and we
meet the third Wednesday night. Before these people walk in and take over, it
would be nice if they would come to us and present what they want to do.
Mayor Suarez: You've got it.
Ms. Armbrister: Not what they are going to do, but what they want to do.
Mayor Suarez: You've got it.
Commissioner Dawkins: OK. You've got that. No problem.
Ms. Armbrister: Thank you.
Mayor Suarez: You've got it.
Commissioner Plummer: Yeah. But, you know, let me tell you something. I
hate to hear that kind of talk. I really do.
Ms. Armbrister: What kind of talk are you talking about?
Commissioner Plummer: I hate to hear kind of talk where you've got one group
fighting the other group, because let me tell you, Ms. Armbrister, it usually
winds up where you both lose. Now, I know that there are some hard feelings
down there...
Mayor Suarez: No. She's just saying, right now they want to be consulted on
the potential use. That's all.
Commissioner Dawkins: That's all.
Commissioner Plummer: That's fine. But let me tell you...
Commissioner Dawkins: Informed, that's all she said. They want to be
Informed. That's all.
312 November 12, 1992
Commissioner Plummer: Let me tell you something. You continue to fight each
other...
Ms. Armbrister: I'll explain this to Ms. Gibson, not you.
Mayor Suarez: Yeah. I think it's more with...
Ms. Armbrister: I'll explain me.
Commissioner Dawkins: It's just inform. That's all. Let's go.
Commissioner Plummer: OK.
Mayor Suarez: And it's more the southwest corner that we've been dealing...
Commissioner Dawkins: That's all. That's right. They'll come in and inform
you. But don't worry about it, we've got it covered.
Ms. Armbrister: All right. That's all...
Mayor Suarez: All right.
Commissioner Dawkins: Thank you.
Ms. Armbrister: That's all I'm asking.
Commissioner Dawkins: All right.
Commissioner Plummer: OK.
Vice Mayor Alonso: I vote yes.
Ms. Armbrister: That's no problem.
Commissioner Dawkins: Mr. Mayor, I'd like to, under special privilege, take
45, because...
Mayor Suarez: Item 45.
Commissioner Dawkins: ...Commissioner De Yurre has to leave.
Mayor Suarez: I'm sorry. Did we vote on the item, Madam City Clerk?
Ms. Matty Hirai (City Clerk): Yes, sir.
Mayor Suarez: OK. Commissioner Dawkins, yes, item 45.
Commissioner Dawkins: OK. Well, as you know, we discussed...
Mayor Suarez: Yes. She said we did. Did we, Madam City Clerk?
Commissioner Dawkins: Yes, we voted. Yes, ma'am we voted.
313 November 12, 1992
u.:
Mayor Suarez: Did we call the roll on that prior item?
All right.
Commissioner Dawkins: OK.
It was unanimous.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-748
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE
AGREEMENT, PROMISSORY NOTE AND MORTGAGE AGREEMENT, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN
GROVITES UNITED TO SURVIVE ("GUTS") AND THE CITY OF
MIAMI FOR THE PURPOSE OF REDUCING THE LOAN AMOUNT TO
$271,976.26 AND TRANSFERRING THE REMAINING BALANCE OF
$228,023.74, IN THE FORM OF A GRANT/LOAN, TO THE
COCONUT GROVE LOCAL DEVELOPMENT CORPORATION, INC.
("CGLDC"); FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH CGLDC FOR THE PURPOSE OF TRANSFERRING
TO CGLDC SAID FUNDS WHICH WILL BE USED FOR THE
ACQUISITION AND SOFT COSTS ASSOCIATED WITH THE TIKI
PROJECT; FUNDING THEREFOR PREVIOUSLY ALLOCATED FROM
COMMUNITY DEVELOPMENT BLOCK GRANT FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
314 November 12, 1992
ft--iG -------c. il----------------------------------r-----
6R. ADOPT, IN PRINCIPLE, CONCEPT OF STRONG MAYOR FORM OF GOVERNMENT FOR CITY
OF MIAMI CREATE CHARTER REVIEW COMMITTEE APPOINTEES' NAMES TO BE
FORWARDED TO ADMINISTRATION.
W WYi i'�I+ii ------------------------------------------------------------------
Commissioner Dawkins: We had a... I brought an ordinance out that everybody
wanted to make some changes to. So, out of respect for my Commissioner, who
has to leave in a few minutes, I would ask that we let him have first crack at
it and that J.L. please let him finish.
Commissioner Plummer: Yes, sir. If he doesn't get out of line.
Commissioner Dawkins: OK.
Commissioner De Yurre: I feel that, first of all, this is a revolutionary
concept and yet, 1t doesn't seem to go far enough. You know, we're talking
about giving nominal powers and calling it an executive mayor, when it really
doesn't change much at all, like I mentioned before. You know, what
significant changes... how does it better the government in any way, fashion
or form?
Mayor Suarez: When you say that, are you referring to the one proposed by
Commissioner Penelas, or the one that the City...
Commissioner De Yurre: Well, I'd like to see...
Mayor Suarez: ...Attorney prepared at the request of Commissioner Dawkins?
Commissioner De Yurre: Well, that's what I want to know. Exactly what are we
talking about here? Because, if what Commissioner Penelas is anything like
what is being proposed here to be studied, you know, I don't think we're going
to be accomplishing a lot. I believe that once you go executive mayor, people
expect a lot more than basically what happened at the County level.
Mayor Suarez: Mr. City Attorney, can you give us a quick thumbnail analysis
of the difference between the two? Or, how... They're not all that
different, but they are in some crucial points.
A. Quinn Jones III, Esq. (City Attorney): OK. What this ordinance has is it
basically does establish an executive mayor plan. The executive mayor who
would be a nonvoting mayor.
Mayor Suarez: A nonvoting mayor. OK. That's...
Mr. Jones: And, of course, it would commence with the election in 1993. It
further provides for...
Mayor Suarez: The Manager position is eliminated in favor of one entitled
what?
Mr. Jones: You have a Director of Administration...
315 November 12, 1992
x,F
Mayor Suarez: director of Administration.
Mrb Jones: ...and a Director of Finance and Budget.
Mayor Suarez: Are those supposed to be like parallel positions under the
Executive Mayor?
Mr, Jones: I guess. I suppose so.
Mayor Suarez: OK.
Mr. Jones: Of course, it would be... who would be appointed by the Mayor,
the executive mayor.
Mayor Suarez: Subject to?
Mr. Jones: Subject to confirmation by the City Commission.
Mayor Suarez: Simple majority?
Mr. Jones: Uh, let's see. Yes. Yeah.
Commissioner Plummer: Excuse me. Based on this document that I have in front
of me, it's not...
Mr. Jones: No, it's a four -fifths.
Commissioner Plummer: ...a simple majority.
Mr. Jones: Excuse me?
Commissioner Plummer: Four -fifths, in effect, is not a simple majority. A
simple majority would be three -fifths. And it's, in effect, as I said before,
Mr. Mayor... to override the Mayor would in effect mean that the Mayor is
;r
definitely not going to vote against his own proposal.
Mayor Suarez: The Mayor doesn't vote. It's a nonvoting mayor in that
proposal.
i Commissioner Plummer: OK. So that means there are four remaining
i
Commissioners.
Mayor Suarez: No, five. Nobody envisions four.
If ,
Commissioner Plummer: Well, this document does.
Mayor Suarez: It would five. It would be five, just like there are now.
Commissioner Plummer: What?
4 Mayor Suarez: It would be five Commissioners, just like there are now. The
Mayor would not... It's a nonvoting Mayor. I don't even think he presides
over any Commission meetings or any of that.
316 November 12, 1992
r
Vice Mayor Alonso: Yes. Yes he does.
Mayor Suarez: He does preside over Commission meetings in your scheme?
Vice Mayor Alonso: That's the way I understand it.
Commissioner Plummer: Wait. Now, you know... Are we talking about that
which...
Vice Mayor Alonso: It is not voting member.
Commissioner Plummer: ....Miller Dawkins sent me?
Mayor Suarez: He's talking about the one proposed by Commissioner Dawkins,
Vice Mayor.
Commissioner Plummer: Are we talking about what Miller Dawkins sent me?
Vice Mayor Alonso: Oh, the package. That's what I'm talking...
Commissioner Plummer: Is that what we're talking? Or are we talking
something else?
Mayor Suarez: Right.
Vice Mayor Alonso: Yeah.
Mayor Suarez: It's a nonvoting... I understood when you said nonvoting...
Mr. Jones: He would be me a member... He would be a nonvoting member of the
Commission.
Vice Mayor Alonso: In the case of a tie.
Commissioner Plummer: OK. So, in effect, what I'm saying to you is, it's not
a, simple majority. The Mayor is not going to propose something and turn
around and vote against it. Because the Mayor votes in a tie.
Mayor Suarez: But we're talking about the appointment of the two...
Commissioner Plummer: So, you're talking about, then, any issue for override
would be unanimous. It would not be a simple... even a simple majority.
Mayor Suarez: Let's go through it, please. You're jumping way ahead.
Vice Mayor Alonso: No, no.
Mayor Suarez: Commissioner, you're...
Vice Mayor Alonso: I don't think the Mayor has a veto power, in this case.
Mr. Jones: Yeah. That's correct.
317 November 12, 1992
Mayor Suarez: Let's... Let's get all of that on the table. On the
appointment of these administrators, do we have an understanding, Mr. City
Attorney, as to the Mayor makes the appointment. Now, what does it take for
the Commission to ratify?
Vice Mayor Alonso: Three votes.
Mr. Jones: Well, let's see. Hold on.
Mayor Suarez: A simple majority, I would presume.
Vice Mayor Alonso: A simple majority.
Mr. Jones: A simple majority.
Mayor Suarez: Right.
Commissioner Plummer: That would be three -fifths vote. No.
Mayor Suarez: Right.
Commissioner Plummer: Yeah, three -fifths vote.
Vice Mayor Alonso: Yes, yes.
Mayor Suarez: Right. Now, what if he wants to fire these people?
Commissioner Plummer: No. If he, or if the Commission?
Mayor Suarez: No, the Mayor.
Mr. Jones: Either the... The way it's set up, either the executive mayor can
dismiss these two individuals, or the Commission... I think it's four. I'm
trying to put my exact hands on it. The way it's set up, both bodies can do
it. The executive mayor can dismiss this person and also the Commission.
Mayor Suarez: What majority of the Commission does it require to...
Mr. Jones: I think it's four -fifths.
Mayor Suarez: ...to not overcome that, 1n the case of when the Mayor does it,
or to pass it, in the case of when the Commission... the council does it?
Mr. Jones: I think it's four -fifths.
Mayor Suarez: Four -fifths. All right. So, that would be four out of the
five non -mayor Commissioners.
Vice Mayor Alonso: Yeah. But if the...
Commissioner Plummer: Yeah.
Vice Mayor Alonso: ...Commissioners want to remove the Budget Director or the
Director of Administration it takes three votes.
318 November 12, 1992
Mayor Suarez: Just three votes?
Vice Mayor Alonso: Three -fourths.
Commissioner Plummer: If the Mayor wants to.
Vice Mayor Alonso: No, if the Commission wants to. It takes three votes...
Commissioner Plummer: It said four -fifths in the document that I have.
Vice Mayor Alonso: Three. No.
Commissioner Plummer: I'm sorry.
Vice Mayor Alonso: Let me see.
Mayor Suarez: All right. What about vetoing other legislation, budget, et
cetera? Does the Mayor have any under that scheme?
Vice Mayor Alonso: No veto power.
Mayor Suarez: No veto power? No?
Mr. Jones: No.
Vice Mayor Alonso: No, no.
Mayor Suarez: And no compensation? Is there an assumption, then, that the
Mayor has to have another way of making a living? Yes.
Vice Mayor Alonso: Well, yes.
Commissioner Plummer: Excuse me. May I read for the record?
Mayor Suarez: Yes, sir.
Vice Mayor Alonso: What page?
Commissioner Plummer: The Mayor... Page seven. "The Mayor may remove the
Director of Administration and/or the Director of Finance and Budget. A four -
fifths vote of all members of the Commission will be required to override the
Mayor's decision," not a simple majority.
Mayor Suarez: Right. OK?
Commissioner Plummer: Now...
Mayor Suarez: Is there any procedure...
Commissioner Plummer: Well, Mr. Mayor... Wait a minute. Excuse me. I'm
sorry. Are we going to talk about what Alex Penelas talked about? Or are we
going to talk...
319 November 12, 1992
Mayor, Suarez: No, sir.
Commissioner Plummer: ...about this document we have in...
Mayor Suarez: We asked the City Attorney to...
Mr. Jones: It goes further. The next sentence...
Mayor Suarez: Wait, wait. Let me answer the Commissioner...
Mr. Jones: I'm sorry.
Mayor Suarez: ...so he knows where we are. We asked the City Attorney to go
item by item, to distinguish one from the other, so that we know what we're
talking about. This one was requested by Commissioner Dawkins. The least we
can do is put it on the table. There are two separate proposals that have
been submitted to us. One was discussed by Commissioner Penelas earlier in
the day, so that he could go back to his other duties. The one we're talking
about now, for the moment, at least, is the one that Commissioner Dawkins
requested from the City Attorney.
Commissioner Plummer: And it is not a simple majority, according to the
document which...
Mayor Suarez: All right when the... When the Mayor removes the City Budget
Director or Administrator, he can be overcome... Right? ...or overruled by a
four -fifths vote of the other five Commissioners. Right.
Mr. Jones: Let me go one step...
Mayor Suarez: Now, do they have any ability themselves...
Mr. Jones: Yes. That's what...
Mayor Suarez: ...to fire either one of these two people?
Mr. Jones: Yes, it does. The Commission...
Mayor Suarez: And how is that done?
Mr. Jones: ...by a majority vote...
Mayor Suarez: A simple majority of them...
Vice Mayor Alonso: Three votes.
Mr. Jones: Can remove...
Vice Mayor Alonso: Exactly.
Mayor Suarez: ...of the five that are here, not the Mayor...
Mr. Jones: Right.
320
November 12, 1992
i.
PHI
Vice Mayor Alonso: Yes.
Mayor Suarez: ...can fire these two people.
Mr. Jones: Right.
Mayor Suarez: The Mayor cannot veto that.
Commissioner Plummer: Watt a minute. Wait a minute. How many are a simple
majority?
Mayor Suarez: Three -fifths.
Vice Mayor Alonso: Three.
Mayor Suarez: And you've got five.
Commissioner Plummer: That's not what it says.
Mayor Suarez: A simple majority out of five...
Vice Mayor Alonso: It does.
Mayor Suarez: ...by mathematics is three.
Commissioner Plummer: That's not what the document says.
Mayor Suarez: When the Mayor dismisses these people...
Mr. Jones: Yeah. It says a majority, a majority of those...
Commissioner Plummer: Sir, a four -fifths vote of all of the members of the
Commission will be required to override the Mayor's decision.
Mr. Jones: Right.
Mayor Suarez: When the Mayor does it. When the Commission does it by itself
a.simple majority can do it is what he...
Vice.Mayor Alonso: Simple majority. A majority vote of the Commissioners...
be able to remove.
Mayor Suarez: See, it has to...
Commissioner Plummer: So that means three -fifths.
Mayor Suarez: It has... Right. It has two procedures.
Vice Mayor Alonso: Simple majority.
Mayor Suarez: Very complicated. That whole area seems a bit too much for me,
actually.
321 November 12, 1992
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Commissioner Plummer: You see, the problem is is I don't see this thing
working with four members of a Commission.
Mayor Suarez: Five, five, five, five. The Mayor...
Commissioner Plummer: No. Four plus an executive mayor.
Mayor Suarez: No. Five plus the Mayor, I think it's envisioned.
Commissioner Plummer: That's not...
Mayor Suarez: No?
Commissioner Plummer: That's not what we're talking about.
Mr. Jones: Five member with the...
Vice Mayor Alonso: No. Because it will be an increase in the...
Mr. Jones: ...with the nonvoting mayor as a member of the Commission.
Commissioner Plummer: You see, that's where I said today.
Mayor Suarez: Four plus the Mayor as a nonvoting member? Who came up with
that scheme?
Commissioner Plummer: That's the point.
Mayor Suarez: That couldn't be.
Commissioner Plummer: I've never heard of an uneven Commission.
Mayor Suarez: All right. Let's assume that we are dealing here, folks, with
five plus the Mayor as a nonvoting member, because otherwise, you know, most
of this really doesn't work out mathematically.
Commissioner Plummer: Excuse me. No, no. Because then you defeat this whole
thing, because you're talking about another $300,000.
Mayor Suarez: I don't think you're talking about any single penny at all, but
we can argue about that.
Commissioner Plummer: Excuse me, sir.
Mayor Suarez: I think you're talking about saving an incredible amount of
money.
Vice Mayor Alonso: Well, a Commissioner needs an office...
Commissioner Plummer: You've got a staff. You've got...
Mayor .Suarez: The Mayor, in my system... the way I envision it, the Mayor,
basically, is the City Manager, in terms of staff. He's got these two
assistants, one of whom is equivalent, right now, to one of the Assistant City
322 November 12, 1992
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0
Managers, the other one of whom is equivalent to another Assistant City
Manager. There should be no need for additional staff and, depending on who
the Mayor were...
Commissioner Plummer: All right.
Mayor Suarez: ...there might be a lot of additional staff, actually, gone.
Commissioner Plummer: But, Mr. Mayor...
Mayor Suarez: Not any of these nice folks up here.
Commissioner Plummer: You're now deviating...
Mayor Suarez: So, I...
Commissioner Plummer: You're now deviating from this document.
Mayor Suarez: How do you figure?
Commissioner Plummer: Because it...
Mayor Suarez: The document doesn't speak to how many staff...
Commissioner Plummer: Because this documents calls for an executive mayor and
four Commissioners.
Mayor Suarez: Right. All right.
Commissioner Plummer: You're talking about a different scenario.
Mayor Suarez: I agree. I agree. That to talk about four Commissioners and a
nonvoting Mayor, these formulas really get bogged down. I mean...
Commissioner Plummer: It doesn't work.
Vice Mayor Alonso: Why?
Mayor Suarez: Well, that the...
Commissioner Plummer: It's got to be an uneven number.
Mayor Suarez: The four -fifths becomes... Four -fifths becomes what when you
only have four?
Commissioner Plummer: A unanimous vote. That's what I've been trying to say.
Unidentified Speaker: Three point two.
Commissioner Plummer: Sir, we're talking among ourselves now. OK?
Mayor Suarez: Three point two or more, but that means all four.
Vice Mayor Alonso: Why don't we let them...
323 November 12, 1992
a
Mayor Suarez: It's unanimous.
0
Commissioner Plummer: Exactly what I've been trying to say.
Mayor Suarez: He's right about that point. Right. Three point two, which as
we have known for many years, we cannot have a point two vote. Right. So,
let's assume... I mean, unless you want to go back to that in its present
form, that you're talking about five sitting Commissioners. I can't imagine
having four plus a nonvoting Mayor. I mean...
Vice Mayor Alonso: In case of a tie.
Commissioner Plummer: See, what I would look at, whether you have an
executive mayor or a strong mayor, 1s that the Mayor would be out of the
Commission. OK?
Mayor Suarez: I agree with that.
Commissioner Plummer: All right. Now, once the Mayor then...
Mayor Suarez: Nonvoting, non -presiding mayor...
Vice Mayor Alonso: That's not what the citizens of Dade County voted...
Commissioner Plummer: We're not Dade County. We're City of Miami.
Vice Mayor Alonso: Well, then fine, but we are a municipality that has to
see... look at what the citizens of Miami gave a very strong approval.
Commissioner Plummer: That's right.
Vice Mayor Alonso: In the last election.
Mayor Suarez: What was the percentage•in the City?
Commissioner Plummer: But that's to a group that are nine in number and
possibly going to thirteen. That's the difference. OK? And what I'm saying
is...
Mayor Suarez: By the way, I agree with Commissioner Plummer on that. I think
it should be a nonvoting, non -presiding mayor. It should be an executive
mayor, like any other in any other City.
Commissioner Plummer: That's what's not clear.
Mayor Suarez: That's my feeling, but I mean, I'll try anything.
Commissioner...
Vice Mayor Alonso: But...
Commissioner De Yurre: How does this compare with, for example, Hialeah's
form of government?
324 November 12, 1992
Mayor Suarez: Remote. Remote.
Vice Mayor Alonso: Not really. Not really.
Commissioner De Yurre: What are the differences?
Mayor Suarez: The Hialeah Mayor is almost like an elected City Manager. I
mean, it's a fully paid, full position. If he's... He's not expected to have
any other kind of job. He appoints all of the department heads...
Vice Mayor Alonso: He makes salary. Here we cannot talk about money.
Mayor Suarez: Right. The...
Commissioner De Yurre: No, we can talk about anything. Because, certainly...
Vice Mayor Alonso: And it's going to be defeated.
Commissioner De Yurre: ...that has to be a consideration.
Mayor Suarez: I don't know about that.
Vice Mayor Alonso: I don't think the citizens are ready to pay a mayor
$75,000, $125,000. I don't think they want any more of that. Not at this
time. Maybe in the future they will.
Commissioner Be Yurre: Well, then...
Commissioner Plummer: Well, I think that what they're talking about is that
they're not going to pay two people.
Commissioner De Yurre: That's right.
Commissioner Plummer: OK? As I said before, Miriam, to me, a strong mayor is
nothing more than an elected manager. That's what he is. Now, if you're
going to have a strong mayor, then you don't have a manager. OK?
Commissioner De Yurre: That's $110,000 you're saving.
Commissioner Plummer: He is the manager and you pay him what you would have
paid... Excuse me. What's the proper... I shouldn't be saying him, because
it might be her.
Vice Mayor Alonso: You guys are a majority, that's why you keep saying "he."
Commissioner Plummer: OK. Whatever the terminology is so that I'm not
called...
Mayor Suarez: Him or her.
Vice Mayor Alonso: And when it comes to chairmen, they think on the male
side.
Commissioner Plummer: OK. The point I'm trying to make is...
325 November 12, 1992
Vice Mayor Alonso: We have to remind them.
Commissioner Plummer: ...is that, as I know it, in Hialeah, Raul was a strong
mayor.
Vice Mayor Alonso: He was.
Commissioner Plummer: OK. And, in fact, he was paid the same as 1f he were
an administrator, and he was, in fact, the city manager. There was no other
city manager. Now, I think, that if you propose to the people of this
community that you would have one or the other, I don't think there would be
an objection to it.
Mayor Suarez: I agree. I agree.
Commissioner Plummer: OK? Now, if you had a strong mayor and no manager, and
that money that you're paying the manager presently paid the strong mayor, I
think the people of this community would accept that.
Mayor Suarez: I agree with that.
Commissioner Plummer: But I can't think that they would accept both. And
here, I think it would be confusing that they're thinking that they're going
to have a Mayor and an administrator. I think that could be misunderstood.
Vice Mayor Alonso: Well, why don't we let them make a presentation?
Mayor Suarez: Do you want to give us some...
Vice Mayor Alonso: I think it's only fair that we listen to what they have to
say.
Commissioner Plummer: Sure.
Mayor Suarez: ...words of wisdom, the members of this committee, assuming
Commissioner De Yurre, who kind of half holds the floor here, has no problem
with that.
Commissioner De Yurre: No, let's listen, because... you know, this...
Mayor Suarez: Simon, do you want to...
Commissioner De Yurre: This certainly needs to be studied in great detail,
because I think that...
Mayor Suarez: ...take a stab at it?
Commissioner De Yurre: ...you know, we don't know what we're talking about at
this point in time.
Mr. Simon Ferro: Good evening.
326 November 12, 1992
Commissioner Plummer: Well, I want to know why you chose to make it effective
in 193. i think it would be much more effective in 195.
Vice Mayor Alonso: You can't.
Commissioner Plummer: Why? We can make it effective at any time we want.
Vice Mayor Alonso: Because according to the department, we cannot have it
until five years from now. Right?
Commissioner Plummer: Oh, no. We're changing the Charter by the executive
mayor. Right?
Vice Mayor Alonso: Is that right?
Mr. Jones: Five years.
Vice Mayor Alonso: Five years.
Commissioner Plummer: We can change the effective date any time we want, if
I'm correct.
Mayor Suarez: If we're making a Charter change, we can...
Vice Mayor Alonso: A Charter change.
Commissioner Plummer: Because that's a Charter amendment and I think it would
be... that would give us time for a transition period to move over, as they
did in the County. That doesn't become effective in the County for another
four years.
Mayor Suarez: All right.
Commissioner Plummer: I think that a transition of two years would even be
better.
Vice Mayor Alonso: No. But this way... the City of Miami, the way it is
today...
Commissioner Plummer: Right.
Vice Mayor Alonso: ...if it's not done this way, it will delay the process
for five years.
Commissioner Plummer: No.
Vice Mayor Alonso: Oh, yes.
Commissioner Plummer: No.
Commissioner De Yurre: Why five years?
Mayor Suarez: Why five years?
327 November 12, 1992
Vice Mayor Alonsos He's studying it.
Commissioner Plummer: ...by Charter...
Vice Mayor Alonso: That's what it is, according to what we have in
the
Charter now. It will be the next Mayor either is established by 193, or
it
will have to wait four years.
Commissioner Plummer: Oh, excuse me.
Commissioner De Yurre: You can just have everybody run in 195.
Commissioner Plummer: You are absolutely correct as the Charter is now.
But
we're going to the electorate to change the Charter by referendum.
Mayor Suarez: To change the Charter. So there would be a Mayor with a
two
year term.
Commissioner Plummer: We could set any date we want.
Mayor Suarez: Right. That would be... Under his idea, there would be
a
Mayor with a two year term.
Commissioner Plummer: Just as the County did.
Mayor Suarez: Elected.
Commissioner Plummer: The County can take and change their dates.
Mayor Suarez: Elected in 193 to 195.
Vice Mayor Alonso: Ask the City Attorney.
Mayor Suarez: All right. Mr. Ferro?
Commissioner Plummer: And I don't find anywhere in here the same provision
that was in the County about two term limitation. I don't find that in here.
Commissioner Dawkins, was there a reason or...?
Commissioner Dawkins: No. This document was for discussion, because I knew
there would be some suggestions of how to change it and it's open to any
interpretations or any additions or deletions.
Commissioner Plummer: OK. That's fair.
Mayor Suarez: Counselor.
Mr. Ferro: Thank you, Mr. Mayor. Commissioners, although I am not a resident
of the City, some time ago I was asked by a group of very distinguished people
to be a part of this group. Some live in the City, some don't, but we are all
328 November 12, 1992
interested in good government and in developing good public policy issues. I
think what you say November 3rd across the country, in both national and local
elections, were the people establishing new criteria for governance. And I
think what Commissioner Alonso and other people have stated here, the key word _
is accountability. And I think that any time you have a weak mayor, or a
strong administrator type government, you create a curtain between the people
and the elected officials that is an impediment to real accountability. I was
a very strong supporter of the County executive mayor proposal. You've seen
term limits now being approved nationwide and I think that the City needs to
be one step ahead. I think that any sort of executive mayor program or
plan... I, for one, am a proponent of an even stronger mayor than what is
being proposed today, but I think it is... what is being proposed today is a
big improvement over the system we now have. And I, for one, am one who
believes that the people ought to decide and the only thing that this
committee is going to ask you to do is to put forth to the people of this City
what appears to be a feasible and workable executive mayor proposal and let
them decide. If you can improve upon it, by all means do so. But I believe
it is time, not only in the City of Miami, but in every other municipality and —
county that does not have an executive or strong mayor type government, to
move that way and to create real accountability between the people and the
elected officials and that is the only reason that I'm a member of this
committee. I am not going to run for mayor. I'm not going to run for
commissioner, but I do believe that it is going to vastly improve the lines of
communication between the people that you serve and yourselves. Thank you
very much.
Commissioner Plummer: Does this document, Commissioner Dawkins... I don't
find in here, as it relates to the City Attorney, and the City Clerk...
Vice Mayor Alonso: It does not make any reference to that.
Commissioner Plummer: It would remain as it is today?
Commissioner Dawkins: As is, yes.
Vice Mayor Alonso: As is.
Commissioner Plummer: OK. Thank you.
Vice Mayor Alonso: And I think it's a good way, because I believe the City
Attorney and the Clerk work for the entire Commission.
Mr. Virgilio Perez: Yes, Mr. Mayor. My name is Virgilio Perez. I am a
citizen of the City of Miami. I live in the City of Miami and I am very
interested in the form of government that the City of Miami has. I do concur
with Mr. Ferro's words, but I'd like to say that, as a member of this
committee, I'm very interested in having checks and balances. I believe that
anything that we have must be created in a way that the public can really be
happy with it. I think that checks and balances are important. So, that's
why 1 think this document... And I'd like to clarify some of the things that
were said here by the document. I believe that the Mayor will be a member of
this committee. He doesn't have a veto power, but the Mayor will vote in a
tie. That means that always this Commission will be on a majority basis.
Now, if there are three and... three members of the Commission and the mayor
329 November 12, 1992
goes with another member, it's two, the Mayor loses. 5o, I believe that the
Commission itself maintains its powers as it is. Now, the Mayor will submit
the name of the director/administrator and a director of finance, which will
be confirmed by a majority of this Commission, which will be three. In case
the mayor wants to fire either director by himself, the Commission can
override that Mayor by four -fifths of the vote. Either the Commission...
Either Commissioners want to fire either director, the only thing that we have
to do is a majority of this Commission. The Mayor will be able also to
terminate either director at any time. But remember, it has to have four -
fifths of the vote of the Commission, or the Commission itself will be able to
terminate either director. The Mayor will present the budget, helped,
naturally, by the directors. We will believe that the Mayor, an executive
mayor, is not... this presentation is not of a strong mayor. An executive
mayor 1s somebody that has to be helped by people who are professionals in
this business. If we're not going to have any compensation whatsoever for the
mayor, we need professional people who will help this City to come along as we
do have a City Manager now.
Commissioner De Yurre: Who hires and fires?
Mr. Perez: The one who will propose the name will be...
Commissioner De Yurre: I'm talking about who hires and fires the 3,000
employees?
Mr. Perez: The director/administrator who has been suggested by the Mayor and
confirmed by this Commission will be the one who fire and hire the other
people who are under it.
Commissioner De Yurre: So, how is that any different from what we have today,
as far as accountability is concerned?
Mr. Perez: Well, what is different about this is the accountability will
become part of the Mayor and will be part of the electorate of the City of
Miami who will say that this Mayor is good or this Mayor is bad, because the
Commission...
Commissioner De Yurre: Do you know what it says? When you start analyzing 1t
that way? All it says is that you have a director that runs the show, just
like you have a City Manager right now. And you're going to have the one
who's going to be taking the shots, is going to be the one who's perceived to
be doing all that, who is the Mayor, and he doesn't have the power to do
things. And all of a sudden, you have... you need three votes to oust the
director, which is the same thing that we have here right now, but the one
who's at the firing line is the Mayor and he is powerless to really do the
work that needs to be done. If he's going to be accountable for it, he should
have the power to make the changes that he deems appropriate and let the
people decide.
Commissioner Plummer: Well, that's not where I've got a real problem.
Mr. Perez: Well...
330 November 12, 1992
Commissioner Plummer: Where I've got a real problem is on page 16. Not the
executive...
Commissioner Dawkins: Let me answer... Let me answer the question you've
asked first, before you go to 16.
Commissioner Plummer: Sure.
Commissioner Dawkins: I did not bother with the Manager... I mean, the City
Attorney or the City Clerk, because I felt that that should stay where 1t is.
And I was also thinking, J.L., in terms of the Commission should hire an
accounting firm who would do the audit for the Commission, and not for the
Mayor, so that we would know what... have some accountability for the money.
So, that's why...
Commissioner Plummer: Checks and balance.
Commissioner Dawkins: Yes.
Vice Mayor Alonso: Check and balance.
Commissioner Plummer: Yeah.
Mr. Perez: Just a...
Commissioner Plummer: Well, the one I've got a problem with here is on page
16, section 26. Here, not the executive mayor, but the director of
administration would have the exclusive right of the removal of the police or
fire chief. Not the person we select, the person that the Mayor... executive
mayor selects, but the executive mayor is not making the decision.
Absolutely, that is wrong. That is wrong.
Vice Mayor Alonso: Where is that?
Mayor Suarez: OK. Anything...
Mr. Perez: Well, Mr. Mayor, just to terminate my presentation...
Commissioner Plummer: On item... Section...
Mr. Perez: I just wanted to make it... clarify this...
Vice Mayor Alonso: Page 16?
Commissioner Plummer: Page 16, section 26.
Mr. Perez: ...and we believe that this Commission, on its behalf, has a
better solution than this.
Commissioner Plummer: "The director of administration...'
Mr. Perez: We agree on that.
331 November 12, 1992
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t
Commissioner Plummer: '...shall have the exclusive right to suspend the chief
of police and the fire chief," and then it goes on to state for what reasons.
And then...
Mayor Suarez: Pretty much like any department head, because...
Commissioner Plummer: No. It's different here, Mr. Mayor, because here it
says that they shall report within five days and then a hearing will be held.
That's not what we have today. They can request a hearing, if they wish, but
not... there's no automatic hearing. And I think that that is wrong.
Mayor Suarez: All right, Counselor.
Mr. Manuel Alonso-Poch: Manuel Alonso, 3520 Rockerman Road, Coconut Grove,
Florida. I am a citizen of the City of Miami and I'd like to bring a little
bit of historical perspective to the theory of the strong mayor.
Approximately two years ago, I believe, due to public interests that had been
running constantly since 1985 when, as far as I know, the first proposition
for a strong mayor was put forth to the voters. The City Commission created
an ad hoc committee to study, amongst other things, the strong mayor concept
for the City of Miami, and at that time I was part of that committee.
Commissioner Plummer: No, no. We're changing it. It can be effected any
date we want it to be. That's what I said.
Mr. Alonso-Poch: The consensus of the committee was that the strong mayor
concept was one that should be advanced and, for parliamentary reasons, it
wasn't put forth before the voters. I think the desire of the citizenry is
still there. I think the basis for that desire for a strong mayor is
accountability, and the fact that the voters want to have as a direct say as
possible as to the activities of the City, the services that they receive, the
return that they get for the taxes that they pay. And, for that reason, I
have joined this committee and I think that, at this point, is as good as any
to advance the concept of the strong mayor again for the City.
Commissioner Plummer: But you're not talking strong mayor now. See...
Mr. Alonso-Poch: We're talking executive mayor.
Commissioner Plummer: Well, there's a big difference between executive and
strong.
Mr. Alonso-Poch: An accountable selected... elected City official that the
people can look to...
_ Commissioner Plummer: Well, I think that... I think that our Mayor,
presently, is accountable. OK? Now, you might disagree with that, but I'm
saying that I think he's accountable, and I think we have a system of checks
and balances presently.
Mr. Alonso-Poch: Well, at this point, Commissioner...
Commissioner Plummer: Well, the point I'm trying to make to you, Manny...
332 November 12, 1992
Vice Mayor Alonso: We all are accountable...
Commissioner Plummer: Exactly.
Mr. Alonso-Poch: Everybody is accountable.
Vice Mayor Alonso: ...to the voters.
Mr. Alonso-Poch: It's just a matter of how many levels of...
Commissioner Plummer: Yeah. But, Manny, you're speaking in... _
Mr. Alonso-Poch: ...cushion you want to put yourselves between the actual...
Commissioner Plummer: You're speaking in two vernaculars. Now, either speak
to one, or to the other. Either you're speaking to the executive, or you're
speaking to the strong. There are two different... very, very distinct
scenarios.
Mr. Alonso-Poch: I think the issue, Commissioner, and I, as part of the
committee, would love to see either concept - a strong mayor concept. And I,
personally, believe more in the strong mayor concept than in the executive
mayor concept. But not given one or the other, I would take either, if you
understand what I'm saying.
Commissioner Plummer: I hear you.
Mr. Alonso-Poch: As far as what we have now, I think that the chain of
command has to be shortened. I think the directness of accountability has to
be established so that the citizen feels that they have a say, that they have
the power to move and remove. And for that purpose, I think that... For that
reason, I think that you should consider this proposition very strongly, and
hopefully you will...
Commissioner De Yurre: Manny...
Mr. Alonso-Poch: ...put it to the voters.
Commissioner De Yurre: Talking about accountability, isn't it only fair that
if somebody is going to be held accountable, he should have the power to be
accountable for?
Mr. Alonso-Poch: Absolutely. As I say, I'm all in favor of a stronger form
of mayor than the one that is being proposed...
Commissioner De Yurre: But, theoretically...
Mr. Alonso-Poch: ...but, for the lack of a stronger one, I don't know if
there is a consensus...
Commissioner De Yurre: If we're going to revolutionize the concept, let's do
the right thing, because I think it's not fair that somebody be perceived as
being accountable, and yet you have a director that's running the show...
333 November 12, 1992
Mr. Alonso-Poth: I...
Commissioner De Yurre: ...basically as we have right now...
Mr. Alonso-Poch: I agree. As I said...
Commissioner De Yurre: ...which is not proper.
Mr. Alonso-Poch: ...my personal opinion is that we should have a stronger...
as strong a mayor as we can, an elected City Manager, in fact.
Commissioner Plummer: There's no provision in this document, Commissioner
Dawkins, in reference to the ability of the remaining Commissioners to call a
special Commission meeting. There is in the other... in the present Charter.
It takes three members of the Commission to call a special meeting, in lieu of
the mayor not doing such.
Vice Mayor Alonso: Well, that's I understand what is not included, it is not
going to have any changes.
Mayor Suarez: If it's not excised, it's still... I think.
Vice Mayor Alonso: Exactly.
Mayor Suarez: Do you meet with...
Vice Mayor Alonso; I think that what they have here is only the changes.
Mr. Alonso-Poch: ...excision and it's only deletions and additions. It's
not.
Commissioner Plummer: No, there's not.
Vice Mayor Alonso: Oh, yes.
Mr. Alonso-Poch: It's not a removal of...
Commissioner Plummer: No, I'm sorry. If you go, for example, to page 12, all
of that has been stricken from the record. That's taken out.
Commissioner De Yurre: We're talking concept here...
Mr. Alonso-Poch: Right.
Vice Mayor Alonso: What page?
Commissioner Plummer: Page 12.
Vice Mayor Alonso: Twelve. I go...
Commissioner Plummer: From section 15 on down...
Vice Mayor Alonso: I want to go back with you to page 16, if I may.
334 November 12, 1992
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6A
Commissioner Plummer: Yes,
Vice Mayor Alonso: Twelve, you said?
Commissioner Plummer: Yeah, Page 12, starting with section 15...
Vice Mayor Alonso: Yes.
Commissioner Plummer: ...all the way down to do...
Vice Mayor Alonso: Fourteen? Section 14?
Commissioner Plummer: Section 15 is all stricken from the present Charter.
So, it's not... it's not silent. It's stricken from the present Charter.
Vice Mayor Alonso: And 1t says...
Commissioner Plummer: It's immaterial what it says. What I'm telling you is
it's stricken from the Charter.
Vice Mayor Alonso: "...shall be appointed City Manager..."
Mr. Alonso-Poch: Yeah. Let me suggest to you that at this juncture, I think
that the interest of the committee is to have the City Commission at least
support the concept. And we have, I believe, two weeks, or four weeks before
a second reading takes place where amendments and changes...
Commissioner De Yurre: Manny, Manny, you're talking about revolutionizing
over 90 some years of City government.
Commissioner Plummer: The resolution... Isn't this a resolution?
Mr. Jones: No. It's an ordinance.
Commissioner De Yurre: You're not going to do it in two weeks. It's
ludicrous.
Commissioner Plumper: Oh. Because of the...
Commissioner De Yurre: I want to have a comparison with what Hialeah does. I
want to see how far we can go. I'm for change. I have no problem, and if we
need a vote here to say whether we want to proceed with this concept and study
it, and prepare something that we deem is appropriate, I have no problem with
that.
Mr. Alonso-Poch: But...
Commissioner De Yurre: But you can't put a gun over our heads...
Mr. Alonso-Poch: With all due respect...
Commissioner De Yurre: ...saying we have to do it in two weeks.
335 November 12, 1992
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Mr. Alonso-Poch: With all due respect, this topic has been studied to death.
I think it has been studied...
Commissioner De Yurre: Well, I have never studied it and I'm not going to
vote on this.
Mr. Alonso-Poch: ...in 185. It was studied in 190 and...
Commissioner Plummer: But, wait a minute. Excuse me. What is the rush?
Vice Mayor Alonso: That it will have to be postponed five years.
Mr. Alonso-Poch: The rush is that we want to have the accountability as
soon...
Commissioner Plummer: No, no. There has not... Excuse me.
Mr. Alonso-Poch: That the rush is...
Commissioner Plummer: If I'm not mistaken...
Mr. Alonso-Poch: Let me answer your question, Commissioner...
Commissioner Plummer: ...there has not been...
Mr. Alonso-Poch: The rush is that we want to have representation and
accountability as soon as we can get it. We don't want to wait until 195. We
don't want to wait until 197. We don't want to wait until 199, or the next
century.
Commissioner Plummer: That's...
Mr. Alonso-Poch: We want accountability now and we want it...
Commissioner Plummer: But what is the rush? There has been no date scheduled
in Metro for an election.
Vice Mayor Alonso: Oh, they have to have it.
Commissioner Plummer: Oh, I'm sure some time. We thought they were going to
have it last September and they didn't have it.
Vice Mayor Alonso: Don't you think that they are going to have elections in
February?
Commissioner Plummer: I couldn't answer that.
Vice Mayor Alonso: Oh, they will have it. You'd better believe it.
Commissioner Plummer: How do we know that?
Vice Mayor Alonso: Because if not the citizens of Dade County are going to go
to court and demand that this Commission is illegal, because about five
members of that Commission their terms expired in September. And it has been
long overdue...
336 November 12, 1992
Commissioner Plummer: i couldn't...
Vice Mayor Alonso: ...that these people should not be sitting representing
ust but we elected them until September and they are sitting there because of
the will of a judge who cannot make up his mind. -
Mr. Alonso-Poch: I think...
Commissioner Plummer: Yeah. But what makes you think, after five years of
that judge handling this case, that he is suddenly going to make a decision
and call an election in February?
Mr. Alonso-Poch: Well, there's...
Vice Mayor Alonso: Because of the fact of the delay in the election.
Mr. Alonso-Poch: There's definitely an indication that that is what is going
to happen.
Commissioner Plumper: Where? Where did you get this indication? -
Mr. Alonso-Poch: The indication is just rationality.
Commissioner Plummer: From where?
Mr. Alonso-Poch: From just logic, Commissioner...
Mayor Suarez: Logic.
Commissioner Plummer: Logic?
Mr. Alonso-Poch: Logic. It's called logic.
Commissioner Plummer: Logic.
Vice Mayor Alonso: ...not continue to say these people are there...
Mr. Alonso-Poch: It's logical that the City... the County Commissioners are
not going to sit there forever. It's logical...
Commissioner Plummer: You know, they all thought it was logical that they
were running in September. That was logic.
Mayor Suarez: All right. Let's try to hear really quickly from the rest of
the committee so the Commissioners can hear their presentation and we can
decide how we're going to deal with this matter.
Mr. Jerry Reisman: My name is Jerry Reisman. I'm a citizen of Greater Miami.
I was raised in Miami and went to Miami High. I worked for the City of Miami
in the Parks Department. I worked my way through college in the Parks
Department. And I'm here to talk on behalf of an executive mayor. The reason
that the citizens need an executive mayor is to have some responsibility,
someone who is accountable to the citizens for the manner in which the budget
337 November 12, 1992
i
is planned, administered, and the monies spent. I think that the recent
secession movement was probably an underscoring of the need of the people and
the citizens to have some accountability and someone who is responsible for
the budget, period. The citizens of Coconut Grove, as I understood it, wanted
to withdraw from the City of Miami, because there was no way that they could
get to anyone accountable for the money being spent, and the manner in which
the services were being rendered in Coconut Grove. They were asking for a
more responsive government to the money they spent, to their dollar. And I
believe that an executive mayor, who would be administering the monies of the
City and being responsible for over $250,000,000 would be the person who the
citizens could point to.
Mayor Suarez: Very good.
Mr. Reisman: And I know Commissioner De Yurre constantly raises the point
that this executive mayor would not have the authority or the power for which
he is responsible, but that's the requirement that must be placed in the
document... in the ordinance itself, that if the executive mayor is going to
have the authority and responsibility, they go hand in hand.
Mayor Suarez: All right. Thank you. Ma'am.
Ms. Gilda Rosenberg: Good evening, Mayor Suarez, Madam Vice Mayor,
Commissioners. My name is Gilda Rosenberg. I reside at 2575 South Bayshore
Drive and as a resident of this great City, I find it imperative to analyze
objectively the potential of this proposal. We're not saying that there are
no points to iron out, but I think that we should let the people decide the
importance of this issue. Thank you.
Mayor Suarez: Very good. Mr. Morales? That's it? All right. Ladies and
gentlemen, Commissioners, what do you want to do with the item?
Vice Mayor Alonso: I really think that this is an issue that has come to
terms. I think it's something that we have to face. We have seen this in
Dade County. And I agree with this group of citizens who feel that they need
accountability from their government. They need a mayor that they have to get
to respond directly to them. I agree with this Commission that perhaps we
need a stronger form of government, but if not, something in between. I also
agree with the executive mayor form of government, because it does give a
balance. I think that the Commission maintains some of the power that is
important so that we don't have a position that a Mayor can run with it and we
will have to wait for four years while we change the Mayor. So, I see great
points in this proposal. Perhaps some points that we would like to change,
make it a stronger change or adapt, but I think the time has come to face
this. I think that it's acceptable at least for one vote in this Commission,
to approve this. After all, this is a first reading. We always have the
opportunity to turn it down. We need two readings - first and second reading,
and then ask the question to the voters. After all, we will not make the
final decision. We will take it to the voters and say, "If you want this form
of government, say yes. If not, turn it down." It will not be us making the
decision. The citizens of Miami will have the final say whether they like it
or not, and in between they can come and make the suggestions. Perhaps the
proper thing to do is, if we have the votes, to approve in first reading, work
with the Administration, with the committee, and meet with us individually...
338 November 12, 1992
s
suggestions that we would like to add and then come for a second reading. It
will give an opportunity to the voters of Miami to have it on the ballot in
the next County election, saving the citizens of Miami quite a bit of money;
if not, placing a special election. And at the same time, it will guarantee
to the citizens of Miami that they will have a right to vote and make a
decision, and not have to wait five long years. My colleague, Commissioner
Plummer, is talking about another change. We don't know if it will pass, but
the citizens of Miami are saying, "Yes. We do want a change in government."
They went along with Dade County on a plan that is similar to this - an
executive form of government. Therefore, they are telling us, "Yes. Look at
this, give it some thought, put it on the ballot and allow us to make the
final decision." For this Commissioner, it's one vote, it's a yes.
Mayor Suarez: Thank you. Commissioner....
Commissioner Plummer: Just...
Mayor Suarez: Wait, I'm sorry. Commissioner...
Commissioner Plummer: Just for the record, Mr. Mayor, in clarifying with the
City Attorney.
Mayor Suarez: Commissioner Dawkins yields.
Commissioner Plummer: I'm sorry.
Mayor Suarez: All right.
Commissioner Plummer: The effective date, since we are changing, can be any
effective date starting that this Commission so inserts in the referendum. It
could just as easily be 195 as it could be 193.
Vice Mayor Alonso: Is that so?
Mr. Jones: If you look at it as it's presently worded, it says that... it
calls for the election of the Mayor to begin in 1989...
Commissioner Plummer: Well, I'm not...
Mr. Jones: Wait a minute. Let me finish. ...which means that if you look at
the success of elections, the next one would be 1993, and as presently worded,
if you don't have it in 193, it would technically be in 197, which would be
five years from 1992.
Vice Mayor Alonso: Five years from now.
Commissioner Plummer: Now answer my question.
Mr. Jones: But it can be... The language can be amended so that you can have
it whatever point in time you want it.
Commissioner Plummer: Whatever date we insert.
Mr. Jones: Yes.
339 November 12, 1992
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Comissioner Plummer: And it could be 195.
Mr. Jones: Yes.
Commissioner Plummer: Of course.
Mayor Suarez: OK. Commissioner...
Vice Mayor Alonso: You actually...
Commissioner Plummer: Just for the record...
Vice Mayor Alonso: If you place it on the ballot, let's say, next year, 193,
you say it will be effective...
Commissioner Plummer: In 195.
Vice Mayor Alonso: ...in the middle of a term?
Commissioner Plummer: No, 195.
Mayor Suarez: Yeah. That term is only a two year term then.
Mr. Jones: You would have to make further amendments, though. You could do
that.
Commissioner Plummer: Yeah. It would be a two year term, which the Mayor
used to be.
Vice Mayor Alonso: But then you will have to change the term of that Mayor.
That's what you are saying. You will have to cut it short.
Mayor Suarez: Just to... Just for the initial... Yeah. Just for the
initial reform.
Commissioner Plummer: By inserting the date.
Commissioner De Yurre: No. You don't have to change it at all.
Vice Mayor Alonso: Yes. That's exactly what they are saying.
Commissioner De Yurre: It changes with everything else that changes.
Commissioner Plummer: It would change itself by the referendum vote.
Commissioner De Yurre: And then 1t will be four years staring in 195...
Commissioner Plummer: That's correct.
Commissioner De Yurre: Ninety-nine, two oh three, two oh seven...
Mayor Suarez: All right.
340 November 12, 1992
a
Commissioner Plummer: What's correct.
Vice Mayor Alonso: So, you will have an additional election...
Commissioner Plummer: No.
Vice Mayor Alonso: ...for that Mayor.
Commissioner Plummer: No. We could put it on the ballot next November.
Vice Mayor Alonso: Yes.
Commissioner Plummer: OK? And then have it effective in 195.
Mayor Suarez: OK. Commissioner...
Commissioner Plummer: At the election...
Vice Mayor Alonso: And then the...
Commissioner Plummer: Regular November ballot in 193, have that proposal
placed there where we have the time to work it out, and have it effective in
195. There's nothing that prohibits that.
Mayor Suarez: The first executive mayor election would take place in 195.
Commissioner Dawkins.
Commissioner Plummer: See...
Commissioner Dawkins: First...
Mayor Suarez: Under that idea.
Commissioner Plummer: The point that I base that on, and I ask the question
of Commissioner Penelas, was in fact theirs is not effective until 196. Five
years from now. I'm sorry, four years.
Vice Mayor Alonso: Because they were placing in an agenda close to what the
election was going to be and they couldn't do it effective in that term.
Commissioner Plummer: Madam Vice Mayor, my only point is, if they can wait
four years for it to be effective, we can surely wait two.
Vice Mayor Alonso: We'll ask the citizens if they want to.
Mayor Suarez: OK. Commissioner...
Commissioner Plummer: They voted yes for four years to wait.
Mayor Suarez: Commissioner Dawkins...
Commissioner Dawkins: Mr. Mayor, first I'd like to thank the committee for
taking their time to draw up a working set of ideas for us, because with the
vote in the County, it has been demonstrated that the citizens in the City of
341 November 12, 1992
Miami may be ready for a change. Now, I would hope that this could be used as
a guide to structure something to do what we think the citizens want done and
let them vote on it. Now, whether you pass it tonight as a first reading, or
next meeting as a first reading, is entirely up to you. But again, I'd just
like to thank the committee...
Commissioner Plummer: Did we..,
Commissioner Dawkins: ...for their efforts.
Commissioner Plummer: Excuse me. May I... Mr. Mayor, may I stop and change
gears for one minute? I've just been handed a press release, not relating to
this, on item 44, which I don't think we've even handled yet, telling me what
the vote is, and that the Miami City Commission are a bunch of shockers. May
I hand this over to the Administration?
Commissioner De Yurre: Check it for fingerprints.
Commissioner Plummer: It's an emergency news release to the Miami Herald, the
Times, the New Times, all of these people.
Mayor Suarez: Maybe it's one that is supposed to be conditional, depending on
our vote.
Commissioner Plummer: And it's telling us, "City suspends HUD (Housing and
Urban Development) funding for do nothing CBOs (Community Based Organizations)
and vows to help the poor instead."
Commissioner De Yurre: J.L., can we take care of that later?
Commissioner Plummer: OK. But I just wanted them to look into it, please.
Mayor Suarez: Yeah. Let's finish up. Anything further on this item?
Commissioner De Yurre: Well, Mr. Mayor...
Commissioner Plummer: Yeah, you'll get a copy of it.
Commissioner De Yurre: ...I'd like to say that...
Commissioner Plummer: It's an anonymous fax.
Commissioner De Yurre: ...first of all, I am concurring with J.L. that I am
in no rush, and I don't believe that the citizens deserve to have an item as
important as this to be rushed through because of a February election. I
believe that we have... If we have the support here to say yes, we want to
change our form of government, then we proceed in a logical and timely fashion
to get things done properly, and put it in the November ballot when we will
have a City of Miami election. Secondly, I would like to compare what we
would like to do here with what the present form of government, for example,
in Hialeah. I would like to have... if we're going to change government, to
do it the right way, have a form of government wherein the mayor will be a
strong mayor that will have the ability to do the job that he is supposed to
be accountable for. Not that he's going to be accountable for something that
342 November 12, 1992
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he's not going to have control of, basically like we have presently. So, I'm
looking for that. I'm also looking, just like in Hialeah, for example, that
if we're going to have a strong mayor form of government, that that person be
salaried appropriately. And like J.L. said before, you know, if we add up the
salaries of the present Mayor, and the salaries of the City Manager... if you
add those two up, it's a wash, and that would be enough for somebody to run
this City the way it should on a full-time basis. If not, what happens is
that you have to be a rich individual, be economically, financially dependent
Cs1c3 to have that job. It 1s not fair. The mayor's position should be open
to everyone...
Mayor Suarez: Independent. Financially independent.
Commissioner De Yurre: Financially independent. ...should be open to anyone,
no matter what kind of financial status they have. So, I'm in favor of the
concept of change, but I'm also, more importantly, in favor of doing it on a
timely basis, and doing the right thing. We've done this for over 90 some
years in this way, and I believe that one more year is not going to hurt
anyone. And, certainly, voting on it in November of 193, to be implemented in
195, we can analyze that and we can proceed. But I, for one, am not willing
to rush on first reading approving this, when just in about 30 minutes we've
come up with a whole bunch of problem areas that it has. Let's start studying
it. Let's start coming up with something that if we in good faith want a
change of government to be proposed to the people, let's get working on it,
but not on a rushed basis.
Vice Mayor Alonso: Just a comment...
Mayor Suarez: Vice Mayor Alonso.
Vice Mayor Alonso: ...in reference to something that Commissioner De Yurre
said. He said, "financially independent." Right now, the way the system is
established, if we spend... let's not kid anyone, we just don't work part
time... we spend many, many hours in the City of Miami in functions, and we
give a lot of time. I don't think it will be any different from a Mayor in
the form that it was presented to us than what it is now. And it is a fact
that you have to be either an attorney or someone who has the type of business
that it makes you independent enough as to be flexible in your hours. The
system is that way at the present time, in the County and the City of Miami.
Commissioner De Yurre: So, let's do the right thing and change it.
Commissioner Plummer: Well, I... Can I give an opinion?
Mayor Suarez: Yes, please. And then we're going to wrap this up...
Commissioner Plummer: Mr. Mayor, I'm not...
Mayor Suarez: ...very quickly and try to get to that Planning and Zoning
agenda and a few other personal items that we have.
Commissioner Plummer: I'm not adverse to change. I am adverse to change when
it is not well thought out and well defined. There are many things in this
particular document that in my estimation are not clear. Now, what I would
343 November 12, 1992
�I.
suggest that we do Is not be in a rush. I think that this commlttee, whoever
the members are, are to be com mehded. But I think this Carmisslon needs to
appoint a ccmmmlttee, by the members of this Carmisslon, who would go in with
staff from the Law Department and the Administration and, in fact, would give
the complete thought to this whole subject and report back to this Conmission.
I think that's very, very Important. I had no Input Into that committee.
When I first heard about this Issue, it was a petition from that committee,
who had made up their mind, obviously, what they thought was good for this
City, without any Input from this Carmisslon. I think that's not correct.
That's not the way It should be done. I think this Carmisslon has the right
to give Input since we will be making the decision as to what goes on the
ballot. I would hope that we could maybe make a ca mittee of ten people, that
each of us would appoint two members to that carmittee, and that we would set
forth the parameters, give that committee the staff and help fran the Legal
Department, to go about bringing this to a successful conclusion. And then, I
think, we can look at it and we can vote yes or no.
Mayor Suarez: All right, sir.
Vice Mayor Alonso: Commissioner, but It's not true that we didn't have an
opportunity to make contributions to this, because It canes to us first
reading and second reading. Therefore, they knew quite well that we had ample
opportunity to make the changes that we felt were necessary. Because, after
all, It's our final decision what goes on the ballot and the final ordinance
to be approved. So they knew from day one that, definitely, this Commission
was going to be involved. Also, I feel, that this committee Is formed by
people... I'd Iike to put the names on the record. I'm sure you have the
copies. Manuel Alonso-Poch, he's an attorney, VIrgIIIo Perez, Pedro RoIg,
GIIda Rosenberg, Arsenio Milian, Bobbie Munford, Dr. Marcos A. Ramos, Arthur
Teele, Jerome Reisman, Jose Garcia Pedrosa, Humberto Amaro, Simon Ferro,
Orlando Morales, Ringo Cayard, Lazaro Albo, Vicente Rodriguez, Reverend Martin
Anorga, Luis Sabines, Sergio Pino, Alberto Perez, Alex Penelas, Athalie Range,
Maurice Ferre, Jill Beech, Jose Cancela. Those are the names I have in my
copy.
Commissioner Plummer: Just for the record, and to establish the record, the
first that I heard... 1 don't... I can't speak for my colleagues. The first
time I heard of this proposal was when I received this document dated October
the 30th, and I think I received It about the second of November, which was
ten days ago. That's the first time I heard about this proposal.
Mayor Suarez: I have no problem going along with the Idea of setting up a
Charter Review Committee, with the idea of endorsing a strong mayor. Let me
say this, the form of what has been presented to us I don't really, really
think Is what you Intended. I've not heard a single one of you get up here
and suggest that this particular form is what you think the City needs. In
fact, I think the more you study It, and I spent a little time with It, the
more you will conclude that you might be diluting the power of the Mayor as he
now, or she now may, you know, have...
Mr. Jones: The...
344 November 12, 1992
•
Cdlrih 198 1 oner P I firmer: The only way It will work Is If it's f i ve
Ccnmissloners. That's the only way It could work.
Mayor Suarez: ...and does have. It is, In fact, one that I have never seen,
anywhere In the United States, or even heard about. I mean, I've seen Just
about every theoretical system except this one and I don't think that it means
to be deceptive. I think you meant well...
Ccmmmissloner Plummer: The problem with it Is that...
Mayor Suarez: ...and I know my colleague, Commissioner Dawkins, meant to take
us towards a strong mayor by having something like an executive mayor, but it
has almost no powers in addition to what the Mayor now has.
Cammissloner Plummer: No, not at all.
Mayor Suarez: And he's not typically a voting member of the Cam IssIon. It
Is Just a hodgepodge of Ideas, the Idea that you have someone that is not
called a manager and yet has all the power to hire and fire. That Just will
confuse everybody. In fact, I think this particular proposal Is, in effect, a
deception. It's Just not what people want. People want at least what the
County is proposing, and even that is, to me, a halfway measure. I would hope
the corm I ttee wou I d came back to us with a true strong mayor. I think the
City deserves to have an executive mayor form of government, to hire and fire,
to appoint department heads like they do In Philadelphia, New York, and
Chicago, and Hialeah. Whether the Mayor has veto power over Ca misslon
actions, whether he presents the... Well, they almost always present the
budget. ...whether he sits on that Cammisslon... I prefer the Mayor not to
sit on the Commission if It's going to be a strong mayor. The Mayor's going
to be busy enough doing a million other things. Plus, folks, I think the
Mayor might be outside... If he doesn't s i t on the Commission, he might be
outside of the Sunshine Law restrictions and might be able to meet with
council members. I've not researched that and that would be a very, very big
help because...
Ccnmissloner Plummmer: If he can't vote It's outside of the Sunshine.
Mayor Suarez: ...right now It is almost impossible to achieve consensus
without having to go through the pages...
Vice Mayor Alonso: If he doesn't have a vote, yes, I guess he could...
Mayor Suarez: Right. Exactly. If he doesn't have a vote... So...
Commissioner Plummer: I think of you're out... If you're not voting you
would be...
Vice Mayor Alonso: That's what we Just said.
Commissioner Plummer: ...outside of the Sunshine.
Mayor Suarez: I think you are. Exactly. So, that's what I have In mind. I
had a...
345 November 12, 1992
z
Commissioner Plummer: Moonshine.
Mayor Suarez: ...committee appointee when Manny served on that other
ccrmIttee, who I would be inclined to appoint. I think he's one of the most
knowledgeable people, Mr. Joe Portuohdo. There may be some other people who
are going to be helpful. He drafted one that, unfortunately, was never put to
the voters for what Manny Alonso-Poch termed parliamentary reasons, which I
thought was a very elegant way of referring to it. In any event, I do think
the City needs it and whether It's Implemented in '93 or '95, 1 think we ought
to get a reconmendatlon back and have the ecrrmittee be charged with doing
that. And if there's enough... elaborating and formulating a plan for us...
And If there's enough support In this Carmission, I would be Inclined to vote
that way today.
Vice Mayor Alonso: Do you remember...
Mayor Suarez: I will not vote favorably for the existing one. I think,
Cormmissloner Alonso, that that Is Just not at all what any of us had ever had
In mind for a strong mayor, going back to, you know...
Vice Mayor Alonso: No. I was going to refer the study that was done. Do you
recall the reason It failed?
Mayor Suarez: I think it was never put to the voters.
Vice Mayor Alonso: Because it was a strong...
Mayor Suarez: Oh, you mean the '85 one...
Vice Mayor Alonso: I attended the hearings.
Mayor Suarez: ...the '85 one.
Vice Mayor Alonso: Yes.
Commissioner Plummer: Eighty-five.
Mayor Suarez: Oh, that was done...
Vice Mayor Alonso: Because it was a strong mayor...
Mayor Suarez: No, no.
Vice Mayor Alonso: ...form of government and the salary.
Mayor Suarez: Well...
C=nlssloner Plummer: Well, there was a lot more.
Vice Mayor Alonso: If you have a strong mayor form of government, you have
the salary, and the voters are going to say no to It.
Commissioner Plummer: There was a lot more to It.
346 November 12, 1992
Ocomissloner Plummer: See, I... You khow...
Mayor Suarez: I remember the debates, because i participated In them. And
the big problem, of course, is that it was being done as you had a mayoral
election. I think that's also a mistake. People don't...
Commissioner Plummer: That's true.
Vice Mayor Alonso: Mistake.
Mayor Suarez: Yeah. That's a mistake.
Ccmmissioner Plummer: Mr. Mayor, I Just want to make a final camient.
Mayor Suarez: Yes.
Cannissioner Plummer: I have no objections to an executive mayor. I think it
has potential. But I think - and It's unfortunately the way i think - that it
only will work If you have five Ccrrmissioners with the mayor outside.
Mayor Suarez: Absolutely.
Carmissioner Plummer: I have never ever heard - and I've been through all 410
councils in the State of Florida - where you had two, two and one, is what It
basically canes damn to.
Mayor Suarez: Yeah. That would be totally confusing.
Carmissioner Plummer: I don't see how it can work. It's four members. it's
basically what you're talking about is a four member Ccmmission afterwards.
Mayor Suarez: And by the way I...
Carmissloner Plummer: And I'm scared to death, If you have five
Camrissioners, as she had said, It will kill the Issue.
Mayor Suarez: By the way, if we do appoint a camrittee, and In respect, as
was stated, to some neighborhoods in Miami that have been quite disappointed
with the services they've gotten, I hope that one of us... and If one of my
colleagues doesn't do It, I would Iike to appoint Mike Samuels as chairman of
the Coconut Grove Village Council, because we'd like to have your Input and if
you can't serve, Mike, perhaps one of the other members. I think that It's
Important to have that Input. I think that, hopefully, we would cane up with
a system that would really, really transform the City and make the Mayor
accountable with administrative powers. But a real, real change - not a
whitewash. Carmissioners, what's your pleasure? So that we can move onto
other Items. Does anybody want to make a motion either way?
Camnissioner De Yurre: I'll make a motion. And I'll move that, In principle,
we adopt the concept of a strong mayor form of government, to be developed via
a carmlttee that's going to recanmend to us certain parameters for it. They
can work directly with the City Attorney's office as was suggested, even with
347 Novenber 12, 1992
the AclnlnlStratlOn, If need be. We need to set a time limit for the
appointments. Maybe we Can appoint them or just send the names to the
Administration.
Mayor Suarez: I would like to do it writing, yes. So that we don't have to
take too much time to...
Camiissioner Plummer: Victor, I can't vote for what you're proposing, If you
are... If you will say the ccmnittee Is charged with a responsibility of
looking Into a strong and/or executive mayor.
Carmissloner De Yurre: That's fine.
Mayor Suarez: Yes.
CaYmissioner Plummer: That I could vote for.
Ca missloner De Yurre: Or a hybrid. Whatever. That's fine.
Ccnmissloner Plummer: I'll second the motion.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll. Carmissloner Alonso...
Vice Mayor Alonso: The only carment...
Mayor Suarez: Vice Mayor Alonso.
Vice Mayor Alonso: ...that I'd like to make is what we're doing here by the
creation of this carmlttee. We are telling this fine group of citizens they
are not good enough for us. And I just don't like the thought very much.
Mayor Suarez: OK.
Carmissioner Plummer: Well, I will take exception to that cCmment. I don't
feel that I... I made my canment. I commend them for being Involved I a
civic movement. The po I nt that, I think, that Is be I ng made here Is that I
never had my right of Input to that committee, nor did I ever know that
committee existed until I received a letter telling me what the findings of
that carmittee were. And I'm surely not saying that what their findings were
were not good enough to satisfy me. I think they're to be commended for being
Involved In very spirited citizenry. But here again, I reserve the right to
have my right of Input, which was not asked for. It was not requested. They
produced their findings after... in secret, I guess it Is. I don't like to
use that word, but nobody knew about it. They had their findings and
presented them on the 30th of October. I don't find fault with them. I just
find that I'd like to do it a different way.
Mayor Suarez: All right. We have a motion and a second. Any further
discussion?
Vice Mayor Alonso: So, the motion Is? Could you state the motion again?
Mayor Suarez: Did you state haw many members of the carmIttee yet?
348 November 12, 1992
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03m1ssioner be Yurre: WeI1, we spoke about 10 members. Each one of us wIII
appoint two persons.
Mayor Suarez: All right.
Vice Mayor A l onso : A ccrm l ttee of 10, to study the poss i b i i l ty of a strong
mayor form of government...
C'.cmnlssloner De Yurre: Strong and/or executive.
Vice Mayor Alonso: ...or executive.
Canmissloner Plummer: And/or, yeah. May I suggest you...
Vice Mayor Alonso: OK. And they will cone back to us... We will have to
appoint that In what form? How are we going to do It?
Cc m i ss i oner P l unmer : December?
Vice Mayor Alonso: At the next CaTmission?
Carmissioner De Yurre: In the next couple of weeks we can appoint them.
Vice Mayor Alonso: I beg your pardon?
Cc missloner De Yurre: In the next week or two weeks. You know, within a two
week period you have to appoint them.
Vice Mayor Alonso: We will do it in writing.
Carmissioner Plummer: Can I suggest that it be 11 and that the mayor appoint
three so that that one could be chairman? He could name the chairman of the
carmittee.
Ccnmissioner De Yurre: So be it. I have no problem with that.
Carmissioner Plummer: It would make it an uneven, in case they came to a
vote.
Carmissioner De Yurre: OK.
Mayor Suarez: So moved. Do we have a second? Did you second?
Carmissioner Plummer: I seconded, Mr. Mayor.
Carmissloner Dawkins: I will not vote favorably for... I don't mind the
Mayor having three votes... three persons, but I would rather that the
carmittee select the chairperson fram among themselves.
CcnmissIoner Plummer: That's acceptable to me.
Mayor Suarez: Fine. With that modification, we have a motion and a second.
Any further discussion? If not, please call the roll.
349 November 12, 1992
•
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 92-749
A MOTION ADOPTING IN PRINCIPLE THE CONCEPT OF A STRONG
MAYOR FORM OF GOVERNMENT FOR THE CITY OF MIAMI;
FURTHER CREATING A CHARTER REVIEW COMMITTEE OF ELEVEN
(11) MEMBERS TO REVIEW AND DEVELOP A STRONG MAYOR
AND/OR EXECUTIVE MAYOR FORM OF GOVERNMENT; FURTHER
STIPULATING THAT SAID COMMITTEE IS TO BE APPOINTED
WITHIN A TWO WEEK PERIOD AND IS TO APPOINT ITS OWN
CHAIRPERSON FROM AMONGST ITS MEMBERS; FURTHER SAID
COMMITTEE IS TO WORK DIRECTLY WITH THE LAW DEPARTMENT
AND IF NEEDED, WITH THE ADMINISTRATION; AND FURTHER
PROVIDING FOR EACH COMMISSIONER TO APPOINT TWO MEMBERS
AND FOR THE MAYOR TO APPOINT THREE MEMBERS TO SAID
COMMITTEE.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: By the way, I said Mike Samuels is chairman of the council.
I've been informed that your colleague in crime there to your left is now
chairperson, Mary Weber.
Commissioner De Yurre: Let me ask for a deferral because I've got to go. I
just want to defer an item so that I can go.
Mayor Suarez: All right.
----------------------------------------------------------
[NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY
TABLES CONSIDERATION OF REGULAR AGENDA ITEMS TO CONSIDER
ITEMS FROM THE PLANNING AND ZONING PORTION OF THE AGENDA.]
----------------------------------------------------------
350 November 12, 1992
Sri-i-ri------Vit------ ---------r.-------------i--r
70. CONTINUE: (a) PROPOSED FIRST READING ORDINANCE TO CHANGE FUTURE LAND USE
ELEMENT OF COMPREHENSIVE NEIGHBORHOOD PLAN, AT APPROXIMATELY 3711 S.W.
26 TERRACE, FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL; AND (b)
PROPOSED FIRST READING ORDINANCE TO CHANGE THE ZONING ATLAS FROM R-2
TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL.
---------------r---------------------------------------------------------------
Mayor Suarez: Item 30.
Commissioner De Yurre: Mr. Mayor?
Mayor Suarez: Yes, I'm sorry.
Commissioner De Yurre: If I may... and I'm sorry to say this, but I want to
be involved in PZ-1 and 2, because I was the one that requested it be reheard.
But I have to leave, so I would move to defer this item until the next zoning
meeting.
Commissioner Dawkins: Second.
Commissioner Plummer: I don't even know what it is, but I'll second the
motion.
Commissioner De Yurre: Thank you very much.
Mayor Suarez: Moved and seconded.
Commissioner Plummer: Wait a minute. Excuse me. How many people are here to
speak for or against?
Mayor Suarez: On PZ-1 or 2?
Commissioner Plummer: You're here for or against, sir? You're for it?
Mayor Suarez: Is there anyone here against the items of PZ-1?
Commissioner Plummer: Well...
Mayor Suarez: Let the record reflect no one stepped forward. Do you want to
try it?
Commissioner Dawkins: Do you want to move it? Do you want to try to move it?
Commissioner De Yurre: I'll move it, if you want.
Commissioner Plummer: Well, no, no. I'll second the deferment.
Commissioner De Yurre: OK.
Commissioner Dawkins: All right.
351 November 1?, 1992
d�4
333
x ''
Mayor Suarez: All right. Call the roll.
Commissioner Dawkins: Call the roll.
THEREUPON MOTION DULY MADE BY COMMISSIONER DE YURRE
AND SECONDED BY COMMISSIONER PLUMMER, ITEMS PZ-1 AND
PZ-2 WERE CONTINUED 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: That's one and two. Right, Victor?
Ms. Matty Hirai (City Clerk): Yes, sir.
Mayor Suarez: Before I vote, are you absolutely sure you cannot hear this
item in five minutes, if there are no opponents?
Commissioner Plummer: No, sir. No, sir.
Mayor Suarez: You've got a lot of problems with it?
Commissioner Plummer: Yes, sir.
Mayor Suarez: All right. Then you'd better come back when you have a full
Commission. All right, sir.
NOTE FOR THE RECORD: COMMISSIONER DE YURRE LEFT THE
MEETING AT 7:32 p.m.
352 November 12, 1992
L
r
------ -------------------------- M-------------------------
NOTE: AT THIS
HE
SSION
LY
TMS CONSIDERATION POINT OiF CITY
ANDj ZON NGTFITEMSRITO
CONSIDER ITEMS FROM REGULAR PORTION OF THE AGENDA.]
----------------------------------------------------------
71. GRANT REQUEST BY CATHOLIC COMMUNITY SERVICE, INC. FOR A ONE-YEAR WAIVER
OF RENTAL FEE ($5,377.56) FOR USE OF SPACE IN MANUEL ARTIME COMMUNITY
CENTER.
Mayor Suarez: Item 33, Catholic Community Service. Now, we have previously
made this exception. We've done it on the basis that you are the one agency
that helps everybody in the whole world, regardless of race, color or creed.
It pains us to not charge you for the use the Artime Center, because we'd like
to charge everybody. Mr. Smith, where are we on this...
Vice Mayor Alonso: I so move that...
Mayor Suarez: ...waiver policy?
Vice Mayor Alonso: ...we approve, as presented to us.
Mayor Suarez: All right. I guess that shows one of us has made up their
mind.
Commissioner Plummer: Wait a minute. Excuse me. What...
Vice Mayor Alonso: I think if one organization really deserves this, it's
this one.
Mayor Suarez: It's a quasi -governmental organization. I mean, they're doing
what we should be doing, and we should have the resources. That's...
Commissioner Plummer: OK. But, Mr. Mayor...
Mayor Suarez: Yes, sir.
Commissioner Plummer: You know, you're putting me in a real bad position.
Mayor Suarez: I understand. I understand.
Commissioner Plummer: Six hundred thousand dollars of subsidy, and I am...
And I'm going to put this on the record. The Manager tells me the reason for
the subsidy is the giving away of the office spaces. Mr. Mayor, something has
got to quit. We cannot continue to give this City away. I love Catholic
Community. They do a great job. But the Catholic Church...
Mayor Suarez: Can we take the transcript of the last time we had this
discussion and just simply put it right back in...
353 November 12, 1992
4
Commissioner Plummer: Excuse me. I'm going to put it on...
going to put it on the record every time.
Mayor Suarez: Again. All right. Well, you're consistent.
Commissioner Plummer: The Catholic Church...
Mayor Suarez: You're consistent.
Mr. Mayor, I'm
Commissioner Plummer: ...is not poor boys. OK? I give my share. You give
your share. The Catholic Church has money.
Mayor Suarez: OK. Wait a minute. Now, first of all, this is not the church.
Ms. Alicia Del Toro: We're not the Catholic Church.
Mayor Suarez: This ie. Catholic Community Services, a nonprofit organization.
They give...
Commissioner Plummer: Are you not under the dioceses of Miami?
Ms. Del Toro: We don't get money from the Catholic Church.
Commissioner Dawkins: No.
Commissioner Plummer: Are you not under the auspices of the dioceses of
Miami?
Ms. Del Toro: Yes, we are, but...
Commissioner Plummer: That's my point, my dear.
Ms. Del Toro: Most of our funding, Commissioner, comes from United Way. We
only get thirty-five...
Commissioner Plummer: My dear, let me tell you...
Mayor Suarez: Remember, they take those dollars and those concessions that we
give them and turn them into services worth...
Commissioner Plummer: Mr. Mayor, the people...
Mayor Suarez: ...governmental services worth millions of dollars. If they
were not existing tomorrow, we would have to use that facility, plus...
Commissioner Plummer: Look, politically, I would love...
Ms. Del Toro: It would be more expensive for you.
Commissioner Plummer: ...to vote for this thing. OK?
Mayor Suarez: You're consistent.
354 November 12, 1992
Commissioner Plummer: Excuse me. I'm going to put it on...
going to put it on the record every time.
Mayor Suarez: Again. All right. Well, you're consistent.
Commissioner Plummer: The Catholic Church...
Mayor Suarez: You're consistent.
Mr. Mayor, I'm
Commissioner Plummer: ...is not poor boys. OK? I give my share. You give
your share. The Catholic Church has money.
Mayor Suarez: OK. Wait a minute. Now, first of all, this is not the church.
Ms. Alicia Del Toro: We're not the Catholic Church.
Mayor Suarez: This ie. Catholic Community Services, a nonprofit organization.
They give...
Commissioner Plummer: Are you not under the dioceses of Miami?
Ms. Del Toro: We don't get money from the Catholic Church.
Commissioner Dawkins: No.
Commissioner Plummer: Are you not under the auspices of the dioceses of
Miami?
Ms. Del Toro: Yes, we are, but...
Commissioner Plummer: That's my point, my dear.
Ms. Del Toro: Most of our funding, Commissioner, comes from United Way. We
only get thirty-five...
Commissioner Plummer: My dear, let me tell you...
Mayor Suarez: Remember, they take those dollars and those concessions that we
give them and turn them into services worth...
Commissioner Plummer: Mr. Mayor, the people...
Mayor Suarez: ...governmental services worth millions of dollars. If they
were not existing tomorrow, we would have to use that facility, plus...
Commissioner Plummer: Look, politically, I would love...
Ms. Del Toro: It would be more expensive for you.
Commissioner Plummer: ...to vote for this thing. OK?
Mayor Suarez: You're consistent.
354 November 12, 1992
a
Commissioner Plummer: politically, it would be great. I would make good
friends. Politically. But let me tell you something. The people of this
town are telling us something. They're fed up with the giveaways.
Vice Mayor Alonso: And what do we do? Do we provide for the needy...
Commissioner Plummer: Sure we do.
Vice Mayor Alonso: ...the services that they provide to the citizens of
Miami? I think, also, as government, we do have a responsibility to provide.
Commissioner Plummer: Miriam, look how many daycare centers we do.
Vice Mayor Alonso: And also, if we are going to examine why the Manuel Artime
does not cover for the expenses, we should really make a study and come up...
I don't think it's fair to say that because of the institutions as this one,
that we provide it rent-free, or...
Commissioner Plummer: Was that not the statement?
Vice Mayor Alonso: It's not necessarily that way. Frank, would you go to the
mike and respond to us? Commissioner Plummer said that...
Commissioner Plummer: Miriam, let me...
Vice Mayor Alonso: ...subsidy is $600,000 and it is...
Commissioner Plummer: How much is the subsidy?
Mr. Frank Castaneda: Six hundred thousand.
Vice Mayor Alonso: ...because of the rental?
Commissioner Plummer: How much?
Mr. Castaneda: Six hundred thousand.
Commissioner Plummer: Six hundred thousand dollars.
Vice Mayor Alonso: Because of the rentals?
Commissioner Plummer: According to the Administration, the Manager said to me
that it was primarily was because of the fact of giving the rental space away.
Now, I'm sorry. Was that not the statement made by the Manager?
Mr. Carlos Smith (Assistant City Manager): I believe so.
charge one of the...
Commissioner Plummer: Look, if the Artime Center...
Mr. Castaneda: Commissioner...
Commissioner Plummer: Let me tell you where I'm at, Miriam.
I think we only
355 November 12, 1992
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Vice Mayor Alonso: Well, let me tell you something. Recently, two
Commissions ago, we have given to two other organizations for space free at
the Manuel Artime.
Commissioner Plummer: That was done...
Vice Mayor Alonso: And if my recollection is right, it was a full Commission
that approved that.
Commissioner Plummer: No, ma'am. You are wrong.
Vice Mayor Alonso: Well, maybe you voted against.
Commissioner Plummer: No, ma'am. You are wrong. When I went out of the
room, the first statement that I heard when I came back into the room...
Vice Mayor Alonso: Then you were absent.
Mayor Suarez: I think he's been consistent.
Commissioner Plummer: ..."Thank God we got that before he came back."
Mayor Suarez: I think he's being consistent. All right.
Commissioner Plummer: Now, let me say this to you. If the Artime Center was
properly run, and not given away to every Tom, Dick, and Harry, and was making
money, and no subsidy was required, I would love to give it to them free.
Mayor Suarez: All right.
Vice Mayor Alonso: Also, you know, Commissioner Plummer, one of the reasons
why that center cannot really stand by itself, because it's an area of Miami
that people are afraid to go, because we have problems. And we have to
maintain that facility, because, also, the people of the area deserve that
that facility be maintained, so that perhaps they also have a chance, as other
areas of Miami. I want you to know that that's one of the reasons why the
Manuel Artime is there. Because the people are afraid. Because crime is very
high in that area. And I think one of the issues why that facility cannot
make money, because it's great. It's an excellent place once you are in, but
people are afraid. And it does take time. And we have to bring people in.
And we have to make it available. And sometimes we waive fees, having in mind
that that facility we have to give a chance. It has been remodelled recently,
not that many years ago. Therefore, recently, we obtained the curtain for the
theater. That has given an incentive to more groups to come. But we have to
give a chance to the area. It's a high crime area that also deserves a
chance. Or let's put an armed policeman in the area. Let's give them the
protection that they need. Let's do other things, but we don't have the
funding.
Mayor Suarez: Commissioner Dawkins just informed me that if we don't end the
debate, he's going to vote against. And since we lost Commissioner De Yurre,
we're... you're going to...
Commissioner Plummer: OK.
356 November 12, 1992
W
Comissioner Dawkins: No, I'm not voting against it.
Vice Mayor Alonso: Well, the problem is we have gone through this...
Commissioner Plummer: Frank...
Vice Mayor Alonso: ...so many times, Mr. Mayor...
Commissioner Dawkins: Let's go. Let's get...
Vice Mayor Alonso: ...that it has to be put on the record as well. The area
also deserves a chance.
Commissioner Plummer: Frank, if you would please forward to me the use of the
Artime Center for the last 12 months, the group that it was used for, and I
will ask you, not for me, to determine whether the group that was performing
there, at the waiver of all fees...
Commissioner Dawkins: In order to move the agenda...
Commissioner Plummer: ...would, in fact, be for the neighborhood.
Mayor Suarez: All right.
Commissioner Plummer: That's what I'll ask.
Commissioner Dawkins: In order to move the agenda, I move that this be
tabled...
Mr. Castaneda: Well, Commissioners, the theatre...
Commissioner Dawkins: ...and they can discuss it at the next meeting.
Mayor Suarez: Wait. No, we're closing discussion. Thank you.
Commissioner Dawkins: All right. Move that this be deferred and we'll
discuss it at the next meeting...
Commissioner Plummer: OK.
11
Mayor Suarez: All right.
Commissioner Dawkins: ...because we're just sitting up here...
Mayor Suarez: Well, why don't you withdraw that, since we finished
discussion, and just move the item please?
Vice Mayor Alonso: I had moved the item.
Mayor Suarez: Move the item. Do you want to second?
Commissioner Dawkins: I second the item. Under discussion.
357 November 12, 1992
Mayor Suarez: Thank you.
Commissioner Dawkins: You know, I agree with J.L. on one point, but I have to
remind him on another point. OK? The Catholic Church is the richest
institution in the world.
Commissioner Plummer: That's what I said.
Commissioner Dawkins: OK. I agree. But I don't know why we have to penalize
this Catholic group, when every other Catholic group comes down here and gets
help. So, if you want to do it for one, do it for all. If you're going to
cut it out for one, cut it out for all.
Commissioner Plummer: I think...
Commissioner Dawkins: I vote yes.
Commissioner Plummer: I think that we're going to be forced into that luxury.
Mayor Suarez: All right. Call the roll please on the item. He seconded.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-750
A RESOLUTION GRANTING A WAIVER OF THE USER FEE FOR
OFFICE SPACE AT THE MANUEL ARTIME COMMUNITY CENTER IN
AN AMOUNT NOT TO EXCEED $5,380, TO CATHOLIC COMMUNITY
SERVICES, INC., LITTLE HAVANA OUTREACH OFFICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: Commissioner Victor De Yurre
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Based on my comments of $600,000 of subsidy, I think
the people of this community deserve better, and I vote no.
358 November 12, 1992
VM
�-- Ili-Yl-------------------------------------iiYlfi/Yr-
72. PERSONAL APPEARANCE: MANUEL GONZALEZ-GOENAGA TO DISCUSS POLICE ISSUES.
.. Y11►IY w-----------------1-------------------------------------------------------
Mayor Suarez: Mr. Gonzalez-Goenaga, Item 34.
Mr. Manuel Gonzalez-Goenaga: First of all, let me thank you for the courtesy
of calling my home to say to me that I was to be here to speak at 4:00
o'clock, and I think it's 7:40, to be exact.
Commissioner Plummer: A.M. or P.M.?
Mr. Gonzalez-Goenaga: I beg from the Mayor one minute for every 15 minute
delay. We're going to discuss here, honorable citizens, more than the
Commissioners. I am going to present first to the citizens, and to this
Commission, the misleading information...
Commissioner Plummer: Hold this.
Mr. Gonzalez-Goenaga: ...in the agenda. When I filed for...
Commissioner Plummer: I've got a lot of other stuff here. So, you've got
your hands full. Here take this.
Mr. Gonzalez-Goenaga: I filed, actually, for a personal appearance on police
brutality part three - originally June the 12th. And they, in November,
included in the agenda, Mr. Manuel Gonzalez to address Police issues. No.
The issue is police brutality. And furthermore, on their working papers, they
put in some bills that I have received from the attorneys, when I actually did
present these articles which I am going to give to the four Commissioners and
the privileged empty seat. Excuse me.
Mayor Suarez: All right, sir.
Vice Mayor Alonso: Thank you.
Mayor Suarez: This is to be entered into the record and so ordered. You can
go ahead and give that to the City Clerk. Go ahead, Walter. Thank you. All
right, sir.
Mr. Gonzalez-Goenaga: Oh, I don't have... This is the original working
paper.
Mayor Suarez: That's fine. That's fine. You can use mine. All right. Go
ahead.
' Mr. Gonzalez-Goenaga: So, citizens, the deceiving that goes on and on with
v= these - at least the majority Commissioners, including the empty seat. My
dear friends, I am not going to speak about the problems that I have had with
the Police Department, because they are all aware of that. Now, I am going to
change the... my stratagem. Now I'm going to ask to each Commissioner,
includingthe empty seat, what... since you have been aware of everything
359 November 12, 1992
that has happened to me, I have kept you abreast on it, almost on a daily
basis, receiving everything, have... I am questioning now the big leader of
the City of Miami - the Mayor. Mr. Suarez, what have you done... or have you
been concerned about my complaints about these cockroaches of the... some
members of the Miami Police? Have you... all these arrests and all the...
You have never cared - right? - to find out, since you know me and you know at
least that I come from a well-to-do family and money is not the issue here,
it's the integrity and morality. And I want to put on the record a picture of
my family.
Mayor Suarez: All right, sir. OK. And please try to...
Mr. Gonzalez-Goenaga: I am not a drug dealer.
Mayor Suarez: ...paraphrase and complete your presentation.
Mr. Gonzalez-Goenaga: One minute for every 15 minute delay, your Honor. I am
not a drug dealer. If you... If the Police Department wants to fill in
arrest for the... well, they have done it very well with me. This individual
has been arrested six times, for campaigning for Ross Perot and Governor
Chiles, back on October 16, 1990. Mr. Mayor, have you been concerned of my
complaints? Have you... your imagination, and all your studies, and your
leadership as the Mayor of Miami, and knowing me from a long time, even from
Cuba, have you been concerned? Because you're concerned for Mr. Mas Canosa.
You're concerned, for example... just here you saw the President of the...
which I have great respect for him... Mr. Simon Ferro. He just came and
spoke. Have you been concerned about this particular individual? Tell me,
yes or no.
Mayor Suarez: Go ahead and complete your presentation, sir.
Mr. Gonzalez-Goenaga: OK. Silence. I'm then... I am not going to continue,
I have to change back to what I was going to say. When I entered this
building at 4:00 o'clock sharp, I saw the sign "Smoke Free Building." What I
want this building is free of "CIFARRA" and free of corruption. Again, I am
not blaming now... And I can give you a very good lecture, because I have
been studying about the problems of police brutality all over the nation. And
I have come to the conclusion, specifically in Miami, that everything boils
down to the reason of police brutality is a symptom of a racist society in
Miami. I know that you don't like to hear this, Mayor. There is a lack of
sensitivity within the Cuban policemen. The biggest sensitivity are the black
policemen. And I can tell you by experience. Next, the Americans. I have
never had a problem with the black policemen, and every time I have been
stopped by them they are very courteous. This issue, because I have lived it
for two years, is pushing me... At least I'm getting something positive of
this, personally. It's pushing me more to the blacks, the Haitians, and the
true Americans. And the same thing happens within the Police Department,
because I have some investigators. I have infiltrated not Castro.
Mayor Suarez: Sir...
Mr. Gonzalez-Goenaga: I have infiltrated the Police Departments through some
friends...
360 November 12, 1992
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Mayor Suarez: Sir...
Mr. Gonzalez-Goenaga: ...and they tell me that there is a big in fighting...
Mayor Suarez: You have to...
Mr. Gonzalez-Goenaga: ...within the Police Department.
Mayor Suarez: You have to complete your investigations any time you want...
Mr. Gonzalez-Goenaga: OK.
Mayor Suarez: ...but tonight you have to complete your statement and sit
down, so that we can continue with this agenda.
Mr. Gonzalez-Goenaga: I will not come back here any more...
Mayor Suarez: All right.
Mr. Gonzalez-Goenaga: ...regarding this issue. But I want to tell you
unequivocally, Mr. Mayor, that I have been coming here for two years and
nothing happens.
Mayor Suarez: All right, sir.
Mr. Gonzalez-Goenaga: No. Let me finish. And I can only learn... I have
learned that the only way this Commission reacts is when there are riots and I
am a pacifist. But I will not rule out violence, so you will react.
Mayor Suarez: Have a seat. Don't threaten anybody in this community.
Mr. Gonzalez-Goenaga: No, no. This is no threat.
Mayor Suarez: Have a seat, sir.
Mr. Gonzalez-Goenaga: This is the truth.
Mayor Suarez: Have a seat. You're out of order. You start threatening
violence, we are going to put you outside of the chambers here. Officer, you
can escort him out if he tries to threaten any more. I don't want to be
threatened about violence, sir. I don't want any of your documents. You can
keep them. And I don't know you from Cuba, sir.
Mr. Gonzalez-Goenaga: No, I'm not from Cuba. I am leaving.
Mayor Suarez: Sir, have a seat. I'm talking now. Thank you. We've listened
to you enough. Item 35. Let's very quickly try to go through these.
Commissioner Dawkins: What is 35?
Commissioner Plummer: Douglas Elementary School.
Commissioner Dawkins: Where is...
361
November 12, 1992
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NOTE FOR THE RECORD: At this point, agenda item 35 was
Withdrawn.
--------------------------------------------------------
------------------------------------------------------------- -..-----------
73. DIRECT CITY MANAGER TO TAKE $60,000 FROM THE POLICE DEPARTMENT BUDGET
AND ALLOCATE IT TO REGIS HOUSE.
Mayor Suarez: Withdrawing item 36? Madam Vice Mayor?
Vice Mayor Alonso: Thirty-six.
Commissioner Plummer: Thirty-six is yours.
Vice Mayor Alonso: Yeah. But she's...
Mayor Suarez: There you go. Regis House.
Ms. Marion Crawford Kiley: Thank you. Distinguished Commission, my name is
Marion Crawford Kiley. I'm a resident of the City of Miami. I'm executive
director of Regis House, 2010 N.W. 7th Street. I come before you tonight to
help us solve a dilemma. We are very pleased that, thanks to your help, Regis
House has acquired its current facility, and had a portion of its operating
funds, through the Law Enforcement Trust Fund, underwritten until June of this
year.
Mayor Suarez: Miss Crawford, I think you're probably applying for CDBG
(Community Development Block Grant) funding. Are you not?
Ms. Kiley: Pardon me?
Mayor Suarez: For Community Development Block Grant?
Ms. Kiley: No. I was asked to be on this...
Vice Mayor Alonso: Law Enforcement Trust Funding.
Mayor Suarez: Oh, OK.
Ms. Kiley: OK. I was asked... I asked to be on this agenda for a specific
purpose, if I may explain and then I'll follow your direction.
Mayor Suarez: Well, because I cannot imagine anyone who knows anything about
Regis House, and I think we all do up here... We just read a nice story about
it, in fact, and its magnificent impact on the community, not strongly
_ recommending it to the Police Department which will then recommend back to us
for final approval the LETF funds, Law Enforcement Trust Funds.
i?
362 November 12, 1992
.., i rNquW. •i.
0
Vice Mayor Alonso: The problem is that Chief Ross has informed them that it
will be six months... Right?
Ms. Kiley: Yes.
Vice Mayor Alonso: ...before they can even present a request.
Mayor Suarez: Why? Why, Lieutenant? Why would that be the case?
Ms. Kiley: Here is... May I explain the dilemma?
Mayor Suarez: Well, but if we've got...
Ms. Kiley: Because it's not a problem with the Police Department.
Mayor Suarez: ...a whole Planning and Zoning agenda, and I can't imagine
anybody not wanting to be on your side here. Lieutenant, is there any problem
with this item?
Ms. Kiley: The Police Department does want to be on our side. It's not the
issue that they don't want to be on our side.
Mayor Suarez: Well, but there's a pending six month delay and I can't
understand why. Why would there be a six month delay?
Lt. Joseph Longueira: Sir, I've been advised that the Chief is reviewing this,
but that he wants to reevaluate it in the Spring of 193. At this time, he
doesn't feel that he's in a position to recommend it.
Mayor Suarez: Regis House?
Lt. Longueira: Yes, sir. That's...
Commissioner Plummer: And he's on the board according to this stationery.
Lt. Longueira: Whatever, that's...
Ms. Kiley: No.
Commissioner Plummer: He's an advisor.
Lt. Longueira: That's what I've been advised.
Ms. Kiley: No. He's on the advisory council, yes.
Mayor Suarez: It's a drug treatment program and it's...
Ms. Kiley: Yes. May I explain what the reason that I asked to be on the
agenda, even hearing from the Chief?
Mayor Suarez: Al right. I certainly know why you would want to be on the
agenda. You want to get this...
363 November 12, 1992
f�
Ms. Kiley! In June our funds expire from the Law Enforcement Trust Fund. In
an effort to try to get those refunded and to try to work to reinstate those,
I...
Commissioner Plummer: So, may I... May I inquire, Mr. Mayor?
Mayor Suarez: Yes, sir.
Commissioner Plummer: Am I then to understand, if the Chief refuses to
recommend at this time, that ends it? That ends it, according to your
opinion.
A. Quinn Jones III, Esq. (City Attorney): Until such time as he makes a
recommendation and brings it here for your approval, there is nothing that you
can take action on.
Commissioner Plummer: Well, let me tell you...
Vice Mayor Alonso: This cannot continue to be...
Commissioner Plummer: Let me tell you. OK? Just so you know. Every item
that is brought before this Commission henceforth, will be deferred, for my
vote. Now, if that's what he's doing... Here is a very, very worthwhile
organization, and I'm not saying to the Chief, or suggesting to the Chief,
that he say yes or no. But to tell me he will not even review it until the
Spring of 193.
Lt. Longueira: Sir, he has reviewed it at this time, but he wants to delay
until the Spring of 193 to consider funding. He does not want to fund them at
this time.
Commissioner Plummer: And he was fully aware that, based on what I have here,
Joe, that by the Spring of 193 this might go under.
Lt. Longueira: I believe he has looked at the total issue.
Commissioner Plummer: OK. I'm not asking you to speak for him. OK?
Mayor Suarez: Why don't we...
Vice Mayor Alonso: We cannot give... He says he is not ready to give this
funding, and this is an organization...
Commissioner Plummer: Joe, the float's gone.
Vice Mayor Alonso: ...that in the last year alone, has provided...
Commissioner Dawkins: You know...
Vice Mayor Alonso: ...seven hundred fifty youth participated in prevention
education, hundreds of school presentations were made, 51 educational
neighborhood meetings were conducted, 50 small group session trained student
volunteers, and it goes on and on and on and on...
364 November 12, 1992
Mayor Suarez: Why don't we let Commissioner Dawkins...
Commissioner Dawkins: Mr. Mayor, let me make a...
Vine Mayor Alonso: And we just cannot give $50,000...
Commissioner Dawkins: Let me make... I'm going to make a motion.
Vice Mayor Alonso: Please.
Mayor Suarez: Yeah. Let's try to get it back by December 10th.
Commissioner Dawkins: I'm going to make a motion so we can move on the
agenda.
Mayor Suarez: Please, yes.
Commissioner Dawkins: I move that this Commission instruct the City Manager
to loan them the $60,000 and whenever the Chief decides to fund it, that the
funding be a paper transaction and transferred back into the general fund.
That's my motion.
Mayor Suarez: So moved.
Commissioner Plummer: Excuse me.
Commissioner Dawkins: Um-hmm.
Commissioner Plummer: The Manager tells me he has no money.
Commissioner Dawkins: OK. Hold it, now. The Manager also has told me that
he sold tax anticipated notes that produced interest. You've also told me
that you saved money refinancing, so there's got to be $60,000 somewhere that
is available. OK? Or else I'm crazy.
Commissioner Plummer: I've had it.
Commissioner Dawkins: OK. Well, I tried the motion.
Vice Mayor Alonso: I think that...
Commissioner Plummer: OK.
Mayor Suarez: I think...
Vice Mayor Alonso: I will go for that suggestion, but I think, can we bring
this item, and is it acceptable...
Commissioner Plummer: Well, excuse me.
Vice Mayor Alonso: ...that it comes out December 10th...
Commissioner Plummer: Excuse me.
365 November 12, 1992
dr ,
� vwtaw• ••
Vice Mayor Alonso: ...and the Chief of Police is here to respond to us...
Commissioner Plummer: Hold on.
Vice Mayor Alonso: ...why he cannot provide this funding.
Commissioner Plummer: Hold on. Excuse me, Mr. Mayor.
Mayor Suarez: Yes, sir.
Commissioner Dawkins: The City Attorney said he can't do that.
Commissioner Plummer: Mr. Manager, Mr. City Attorney, this Commission has the
right to alter budgets. Is that correct? I make a motion at this time that
$60,000 be taken from the Police Department's regular budget and given to
Regis House.
Commissioner Dawkins: Second.
Commissioner Plummer: I so move.
Commissioner Dawkins: Second.
Vice Mayor Alonso: Second.
Mayor Suarez: Moved and seconded. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-751
A RESOLUTION ALLOCATING SIXTY THOUSAND DOLLARS
($60,000.00) FROM THE POLICE DEPARTMENT'S GENERAL
OPERATING BUDGET, FY 92-93, SAID SUM TO BE DONATED TO
REGIS HOUSE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: Mayor Xavier L. Suarez
ABSENT: Commissioner Victor De Yurre
COMMENTS MADE DURING ROLL CALL:
Lt. Longueira: He doesn't want to do it right now.
VL4,A
ii
366 November 12, 1992
Commissioner Plummer: I made the motion.
Lt. Longueira: Sir...
f Commissioner Dawkins: With pleasure, yes.
Mayor Suarez: I can't vote for it, but I think the signal is pretty clear.
COMMENTS MADE AFTER ROLL CALL:
4
Commissioner Plummer: Thirty-six.
Mayor Suarez: You'd better get a recommendation...
n
a Commissioner Dawkins: So, it's three and one. You won three to one.
q
Lt. Longueira: Sir...
r
!� Commissioner Plummer: Wait. Wait a minute, Mr. Mayor. May I inquire of my
friend, the Mayor, why you're not voting for it? I mean, if you know
something that I don't, I think I'm entitled to know it.
Mayor Suarez: Remember, I had been checking into the Charter provisions that
i deal with our ability to change the budget? I don't see it as being done this
IL way. I understand what you're doing. But you would first have to identify
where the $60,000 would come from. If you're indicating that you would take
away either existing personnel, or equipment, or something, and I don't think
Commissioner Plummer: I would hope that would not be the case.
i
Mayor Suarez: I think the message is a good one and I believe that we're
'!
going to have this resolved quite quickly, with the motion. But I think... I
just want to put a little caveat here that what we
need to do is...
Commissioner Plummer: All right. Well, let's do
it the way so that it would
be'acceptable to you.
Vice Mayor Alonso: What was the reason that every
month...
Commissioner Plummer: No, no. Where is my little
Indian with the bonnet?
"!
Vice Mayor Alonso: ...we're reviewing the budget.
...at the time.
Commissioner Plummer: Where 1s he?
Mayor Suarez: It's just that I have not had a
chance to review where the
$60,000 would come from.
0nimissioner Plummer: Where's Mano?
Mayor Suarez: I think...
367 November 12, 1992
!s
_ 6 R
Commissioner Plummer: All right. Let...
Mayor Suarez: I understand your motion.
Commissioner Dawkins: J.L., take it from car allowance, take home cars. Take
it from there.
Commissioner Plummer: No, no. Mr. Bledsoe...
Mayor Suarez: Oh, see, now I'd vote for that. I'd be ready to vote for that.
Commissioner Plummer: OK. Then that's so it.
Mayor Suarez: I'd be ready to vote for that.
Vice Mayor Alonso: We'll find $60,000, I assure you, from that budget...
Mayor Suarez: If you identify where it's coming from...
Vice Mayor Alonso: ...give us two minutes.
Commissioner Plummer: Mr. Bledsoe, recommend to me, through the Manager, sir,
where you would recommend the $60,000 come from?
Vice Mayor Alonso: Salaries.
Mayor Suarez: All right. We have a motion and it's passed.
Unidentified Speaker: I don't know.
Mayor Suarez: I've given...
Commissioner Plummer: I want to make you the hero, Mr. Mayor, and give you
the right to vote yes.
Mayor Suarez: No, that's OK.
Vice Mayor Alonso: Salaries.
Mayor Suarez: I saw a movie called "Hero" recently and I'm not sure I want to
be the hero.
Mr. Cesar Odio (City Manager): You keep saying how to run Eastern Airlines,
and you're the first one that breaks the wings.
Mayor Suarez: Either the real hero or the other one. Yes, Lieutenant?
Lt. Longueira: Sir, I'd just like to make a statement for the Department and
I'm speaking without consultation with the Chief. I understand that you want
to change the forfeiture process in the law...
Mayor Suarez: Right.
368 November 12, 1992
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}
I
Lt. Longueira: I don't believe that efforts to do that will be looked upon
lightly at the legislature level, if what you're holding over the Department's
head is a, let me say, a guillotine of their budget to supplant LETF (Law
Enforcement Trust Fund). That's exactly what they don't want to do.
Commissioner Dawkins: You know, Joe...
Commissioner Plummer: Joe...
Commissioner Dawkins: You know, Joe, this is the first time...
Mayor Suarez: All right.
Lt. Longueira: OK? And I think there's another way to do it.
Commissioner Dawkins: Joe, Joe...
Mayor Suarez: All right. We hear you. We hear you, but this Commission has
to move on.
Commissioner Dawkins: Joe, but this is the first time, Joe...
Commissioner Plummer: No, no. Let's put it in proper perspective.
Commissioner Dawkins: No, no. This is the first time, Joe, that you come up
here and sounded like a policeman.
Commissioner Plummer: OK.
Commissioner Dawkins: All the other times you've sounded like an
administrator that cares. But now you are going to come up here and insinuate
that this Commission is holding the Police budget hostage, because it will not
do something that the Commission thinks it should do. And I think that's
wrong. That's not what we're doing.
Lt. Longueira: Well, I'm only advising you...
Mayor Suarez: We take notice...
Lt. Longueira: ...that you're holding the budget...
Mayor Suarez: ...and we take seriously your comments, Lieutenant.
Lt. Longueira: ...position...
Mayor Suarez: That's fine.
Lt. Longueira: ...based on something the law says you can't do...
Mayor Suarez: All right, sir.
Lt. Longueira: ...with the Trust Fund.
Commissioner Dawkins: What the law says I can't do?
369 November 12, 1992
Commissioner Plummer: Well, let's put it...
Vice Mayor Alonso: I have...
i
Mayor Suarez: No, no. What we did we can do. What we did we can do.
Commissioner Dawkins: What the law says I can't do?
jCommissioner Plummer: OK. Yeah. But let's listen... Mr. Mayor? Mr. Mayor?
,l
Vice Mayor Alonso: I was going to refer to $35,000 for this.
Commissioner Plummer: Which is more important...
Mayor Suarez: That's a tough one.
Commissioner Plummer: ...public relations in the New Year's Eve parade...
Vice Mayor Alonso: Thirty-five...
Commissioner Plummer: ...or the Regis House?
Mayor Suarez: That's a real tough one, Joe.
Commissioner Plummer: What if... No, no. Where are the priorities?
Vice Mayor Alonso: Regis House.
Mayor Suarez: You don't know what you've started here. God bless you.
Ms. Kiley: I certainly hope the Chief doesn't think I started that either.
Mayor Suarez: Well, you're going to have to negotiate, probably.
74. (A) GRANT REQUEST BY WQBA RADIO STATION FOR CLOSURE OF DESIGNATED
STREETS CONCERNING THREE KINGS DAY PARADE -- RESTRICT PEDDLERS.
(B) DIRECT MANAGER TO INCLUDE IN NEXT YEAR'S BUDGET: (1) MARTIN LUTHER
KING PARADE, AND (2) THREE KINGS PARADE.
------------------------------------------------------------------------------
Mayor Suarez: All right. Item 37. WQBA radio, on behalf of the Three Kings
Day Parade.
Mr. Cesar Odio (City Manager): They wanted street closures...
Commissioner Plummer: So moved.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
370 November 12, 1992
tP
5
't?
Mr. Odio: ...restriction of retail...
Mayor Suarez: Would you have the administrators, and other nice people who
run this thing, not send us a little letter to the Commissioners saying that
we're supposed to sign some kind of an insurance waiver.
Mr. Odio: Wait...
Mayor Suarez: Remember, we run the streets of Miami.
Mr. Odio: They...
Mayor Suarez: I'm not signing any insurance waiver. I'm not interested in
your views of how Commissioners...
Mr. Odio: They also...
Mayor Suarez: ...should conduct themselves during the Three Kings Parade.
Commissioner Plummer: What?
Mr. Odio: They want something else.
Mayor Suarez: So, but the rest of what you do is great. I love it.
Mr. Odio: They also want restriction of retail peddlers in the area of the
parade.
Commissioner Plummer: Yeah, fine.
Vice Mayor Alonso: Yeah. We...
Mr. Odio: OK. That's what they want.
Commissioner Plummer: I moved it.
Vice Mayor Alonso: Now, at this time, I think it's only appropriate. This
morning, we saw the Martin Luther King Parade, and now we see the Three Kings
Parade. We've been talking for a long time that this is important for Miami.
That these two events, we consider that they're a tradition, and they've been
going on for a long time. I think they should be part of our budget. I have
is said that before about the Three Kings Parade. As a matter of fact, this
Commission has voted in favor, for the last two years. I believe, at this
i time, that we should move, that it be included in our budget, and arrangements
be made so that some of the things are waived, so that they can have it
effectively at every year, without some of the problems that we have to go
through every year.
Mayor Suarez: OK. Why don't we take first the issue before us and then...
Vice Mayor Alonso: Yes. And then we will take the other.
371 November 12, 1992
z
t
i`
Mayor Suarez: OK. On the first motion. Moved.
Commissioner Plummer: I moved.
Vice Mayor Alonso: We have a movant and a seconder.
Mayor Suarez: Second. Call the roll on the motion for the street closures
and the retail peddlers restriction.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-752
A MOTION GRANTING REQUEST RECEIVED FROM THREE KINGS
DAY PARADE, INC. FOR CLOSURE OF DESIGNATED STREETS AND
FOR THE ESTABLISHMENT OF AN AREA PROHIBITED TO RETAIL
PEDDLERS IN CONNECTION WITH THE THREE KINGS PARADE ON
JANUARY 10, 1993.
[NOTE: See formalizing Resolution 92-753.1]
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Mayor Suarez: How do you want to phrase your other motion, or do you want to
just...
Vice Mayor Alonso: Yes. That both events be made part of our budget on a
regular basis, and in the next budget be included, and that they work with the
coordinators of the events, as to the expenses and some of the adjustments
that will have to be made...
Commissioner Dawkins: Second.
Vice Mayor Alonso: ...so it will be presented at the budget time.
Mayor Suarez: Moved and second. Any discussion? If not, please call...
Commissioner Plummer: Well, the only discussion I have... It's a great thing
for the community. Martin Luther King Parade is put on by a group of
independent citizens. This is put on by a commercial company. And there is a
difference. I mean, it's a great thing for the community. Don't get me
wrong. I've been there every year and I enjoy being there every year. But I
must make the distinction that Martin Luther King is not a company, it's not
372 November 12, 1992
5�
C '
sponsored by a company, it is a group of citizenry who get together and put it
on spontaneously, almost to that extent. This is a group which 1s sponsored
by a commercial venture. Now, I don't know what we're talking about in the
way of dollars.
j, Vice Mayor Alonso: We... That's something... That's why I say, to get
together and discuss the fine points...
Ms. Maria Elena Llansa: Yeah.
Commissioner Plummer: For next year?
Vice Mayor Alonso: Yes.
Ms. Llansa: The station...
Commissioner Plummer: Oh.
Vice Mayor Alonso: For the next budget.
Commissioner Plummer: All right.
Vice Mayor Alonso: Yes.
Commissioner Plummer: So, we can discuss it for next year?
Vice Mayor Alonso: Exactly.
Commissioner Plummer: Yes.
Vice Mayor Alonso: It will be part of our regular budget.
Ms. Llansa: It's in 1993. Right.
Commissioner Plummer: Yeah. OK.
Vice Mayor Alonso: Yes.
Ms. Llansa: But just to make a point, we are a nonprofit organization. WQBA
employees volunteer their time to put the parade together. It was something
that the station started, and we're kind of...
Mayor Suarez: They're kind of the sponsors, but not...
Commissioner Plummer: Stuck with it.
Vice Mayor Alonso: It's a nonprofit.
Ms. Llansa: We're stuck with it, but we... I mean, it's just... It's not a
monetary proposition in any way.
Mayor Suarez: All right. Very good.
Commissioner Plummer: OK.
i
373 November 12, 1992
r
Mayor Suarez: OK. So moved and seconded. Any discussion? If not, please
call the roll.
MS. Llansa: OK.
The following motion and resolution were introduced by Vice Mayor
Alonso, who moved their adoption:
MOTION NO. 92-753
A MOTION DIRECTING THE CITY MANAGER TO INCLUDE THE
MARTIN LUTHER KING PARADE AND THE THREE KINGS PARADE
AS PART OF THE CITY OF MIAMI BUDGET BEGINNING WITH
NEXT YEAR'S BUDGET; FURTHER DIRECTING THE MANAGER TO
WORK WITH THE COORDINATORS OF SAID EVENTS IN ORDER TO
REDUCE CITY FEES AS MUCH AS POSSIBLE AND TO COME BACK
TO THE COMMISSION TO ADVISE ON WHAT ACTION CAN BE
TAKEN.
RESOLUTION NO. 92-753.1
A RESOLUTION RELATED TO THE THREE KINGS PARADE,
SPONSORED BY THE CITY OF MIAMI, AND TO BE CONDUCTED BY
THREE KINGS DAY PARADE, INC. ON JANUARY 10, 1993;
AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO
THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF
PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE
AND INSPECTION SERVICES; ESTABLISHING AN AREA
PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF
SAID EVENT; AUTHORIZING THE CITY MANAGER TO WAIVE ALL
APPLICABLE FEES AND ALLOCATE FUNDS TO PAY FOR THE
NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID
EVENT; CONDITIONED UPON THE ORGANIZERS OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE;
DIRECTING THE CITY MANAGER TO INCLUDE ANNUAL FUNDING
FOR SAID EVENT IN THE CITY'S GENERAL OPERATING BUDGET,
EFFECTIVE AS OF FISCAL YEAR 193-94.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
[NOTE: This Resolution formalizes M-92-752, above.]
Upon being seconded by Commissioner Dawkins, the motion and resolution
were passed and adopted by the following vote:
374 November 12, 1992
AYES: Commissioner Millar J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: Mayor Xavier L. Suarez
ASSENT: Commissioner Victor De Yurre
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: I vote no on that one. I love them to death, and I love the
parade. We just don't have the money.
75. CONTINUE TO DISCUSS AND TABLE PROPOSED ORDINANCE TO CHANGE TERMS OF
OFFICE FOR MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY IN ORDER
THAT THEY SHOULD COINCIDE WITH THE APPOINTING COMMISSIONER'S TERM OF
OFFICE. (See labels 41 and 83).
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, may I do this...
Mayor Suarez: Yes, Commissioner Dawkins.
[AT THIS POINT, COMMISSIONER DAWKINS READ THE ORDINANCE INTO THE RECORD.]
Commissioner Plummer: What's he talking about? May I see a copy?
A. Quinn Jones III, Esq. (City Attorney): He gave you a copy. You can have
this one.
Mayor Suarez: OK. That solves all the...
Commissioner Plummer: I don't have a copy.
Mayor Suarez: So moved as to the...
Commissioner Plummer:
please?
Mayor Suarez: OK.
Commissioner Plummer:
it.
Can we go onto another item and let me read this,
I think I'm in favor of it, but I'd just like to read
Mayor Suarez: We've read it into the record and as soon as you're ready to
vote on it, we can take a motion and a second.
Commissioner Plummer: OK.
375
November 12. 1992
iw ------------YiiiYr---------ii--- �iiA------- -Yr------ ri-----i --ii-
76. DISCUSSION CONCERNING FUNDING REQUEST BY ARTISTS AND MUSICIANS AGAINST
DRUGS AND ABUSE IN CONNECTION WITH A FUND-RAISING CONCERT AT BAYFRONT
PARK.
`.r---------------------------------------------------------------------------
Mayor Suarez: Item 38. Are they here? Item 39? Yes, 38.
Unidentified Speaker: Present.
Mayor Suarez: AMADA (Artists and Musicians Against Drugs and Abuse).
Mr. Tom L. Clark: Tom Clark, 2875 N.E. 191st Street.
Mayor Suarez: Was this cancellation in any way related to the hurricane?
Mr. Clark: Yes, directly related.
Mayor Suarez: And what funds did you pay?
Mr. Clark: I laid out most of the costs out of my pocket.
Mayor Suarez: What funds did you pay? I didn't say from where. What funds?
How much?
Mr. Clark: Seventy-five hundred dollars.
Mayor Suarez: Seventy-five hundred dollars and there has been no suggestion
that that be reimbursed, Commissioner Plummer, from the...
Commissioner Plummer: Sir, he appeared and asked for the right to appear
before the Commission. I told him that I didn't have that authority to grant
what he was requesting, that only this Commission that...
Mayor Suarez: OK. No, I just want to know if you're OK with it. I mean,
it's... Is it money that's presumably sitting there to be returned to them,
since it was never applied to an actual event?
Commissioner Plummer: I... Mr. Mayor, I'm sorry to admit to you, sir...
Mayor Suarez: You can't...
Commissioner Plummer: ...I'm not that deeply involved, and I can't recommend
to you. I'm sorry.
Mayor Suarez: Al right. Can we do it in a recommendatory way to you...
back to you...
Commissioner Plummer: I would... What I would like to do is to turn it over
to the Manager and let whatever decision the Manager makes is agreeable
with...
376 November 12, 1992
Mayor Suarez: Mr. Manager, it sounds like they had the positive funds for an
event that never took place, because of the hurricane. If that's the case, I
can imagine that...
Mr. Cesar Odio (City Manager): We return... We return the money.
Mayor Suarez: ...that money would be returned to them.
Commissioner Plummer: No.
Mayor Suarez: And we're going to take that in the form of the motion...
Mr. Odio: Wait. Wait.
Mayor Suarez: ...so that we don't have to have a...
Mr. Odio: I said no.
Commissioner Plummer: Wait a minute. What are you... Frank, what are you
saying?
Mayor Suarez: No?
Mr. Frank Castaneda: We talked to Bicentennial Park and they have no deposit
there.
Mayor Suarez: He said Bayfront Park.
Commissioner Plummer: No, that's...
Mr. Clark: Bayfront Park.
Mr. Odio: That's not controlled by us.
Commissioner Plummer: Well, did you pay the City any money at all, sir?
Mr. Clark: No, I had made no payment to Bayfront Park whatsoever.
Vice Mayor Alonso: What monies...
Commissioner Plummer: There's nothing to return to you then.
Mayor Suarez: Where's the $7,500?
Commissioner Plummer: I thought it was a return of a deposit.
Mr. Clark: I was... No, I was forced to cancel the event, due to the
sponsors backing out, prior to the... forty-eight hours before the event,
because of the hurricane. They decided...
Mayor Suarez: You mean you incurred losses of $7,500...
Mr. Clark: Yes, sir.
377 November 12, 1992
Mayor Suarez: Not that you paid Us $796006
Vice Mayor Alonso: Oh.
Mr. Clark: No, I...
Commissioner Plummer: Oh, no.
Mr, Odio: Are you a nonprofit?
Mr. Clark: Yes. I'm a Florida...
Mr. Odio: Nonprofit?
Mr. Clark: I'm a registered, Florida, not -for -profit corporation.
Mr. Odio: 501C?
Mayor Suarez: Sir...
Mr. Odio: I would suggest you go to FEMA (Federal Emergency Management
Agency).
Mayor Suarez: Right.
Mr. Odio: I'm...
Commissioner Plummer: FEMA has money for that, sir.
Mr. Odio: And FEMA has money for nonprofit organizations.
Mr. Clark: Well, did... I understood that...
Mr. Odio: They are over by the Eastern Airlines old building...
Mr. Clark: fhn-hmn.
Mr. Odio: ...on Le Jeune Road and 36th Street, and they have a form you apply
for FEMA funds.
Mr. Clark: I understand that FEMA gave...
Mr. Odio: We are not FEMA.
Mr. Clarks I understand that FEMA gave the Commission some funds to... for
Parks...
Mr. Odio: No.
Mayor Suarez: No, no.
Mr. Odio: They don't operate that way.
378
November 12, 1992
f
,
Mayor Suarez: They're specific reimbursements for specific applications. And
we'll help you with your application. It's...
Commissioner Plummer: Sir, I'm going to give your application to the Manager
who will assign someone to tell you how to go about the process of...
Commissioner Dawkins: ...getting your money back.
Commissioner Plummer: ...contacting the FEMA people.
Mr. Clark: Thank you very much.
Mayor Suarez: All right, sir.
Commissioner Plummer: All right, sir.
------------------------------------------------------------------------------
77. DISCUSSION CONCERNING FUNDING REQUEST BY HISPANIC-LATIN FOUNDATION IN
CONNECTION WITH A FUND-RAISING EVENT TO BENEFIT YOUTH AFFECTED BY
HURRICANE ANDREW.
------------------------------------------------------------------------------
Mayor Suarez: Item 39 withdrawn. I mean, thirty... forty withdrawn
Mr. Luis M. Barcelo: No, 39...
Mayor Suarez: Thirty-nine is here.
Mr. Barcelo: Thirty-nine is here. With due...
Commissioner Plummer: Well, wait a minute. May I ask why 39 was withdrawn?
Mayor Suarez: No, I said...
Mr. Barcelo: Well...
Mayor Suarez: I meant to say 40 is withdrawn. Thirty-nine is not withdrawn.
We'll get to 40.
Commissioner Plummer: Which...
Mr. Barcelo: Well, with due respect to the time that you Commissioners have
been spending, we'd like to...
Commissioner Plummer: What item are you, sir?
Mayor Suarez: Thirty-nine.
Mr. Barcelo: Thirty-nine.
Mayor Suarez: He's on thirty-nine.
please.
Don't worry about 40 for the moment,
379
November 12, 1992
tl�
t
Commissioner
Plummer: OK.
Mayor Suarez:
He's on thirty-nine. All right.
Mr. Barcalo:
Thirty-nine. -
'
Commissioner
Plummer: I have a note, sir, that says it will be asked to be
referred to the
next meeting. -
Mr. Barcelo:
Yes. If that does not...
a
Commissioner
Plummer: I so... I so move.
Mr. Barcelo:
If that does not null and void our application.
Commissioner
Plummer: No, sir. It does not. -
t
Mr. Barcelo:
It doesn't? -
Mayor Suarez:
No.
Mr. Barcelo:
With due...
Commissioner
Plummer: I am going to give this application to the Manager, Mr.
Manager. And
you will meet with him, or a staff member he assigns, to be
prepared to speak to the issue at the next Commission meeting.
t`
Mr. Barcelo:
I thank you very much.
Commissioner
Plummer: I so move for deferment.
Mayor Suarez:
All right, sir. Very good.
t;
Mr. Barcelo:
Thank you kindly.
380 November 12, 1992
n
MKII
---------------i..--+r-------r.--------------------------------------------.►�-----
78. GRANT REQUEST BY WARNER BROTHERS, INC. FOR RELAXATION OF LIMITATIONS ON
DISPLAY OF FIREWORKS, AS IT APPLIES TO KENNEDY PARK, IN CONNECTION WITH
FILMING OF "WRESTLING ERNEST HEMINGWAY."
....-----------------------------------------------------------------------
Mayor Suarez: Item 410 Warner Bros. Do we have any problem with this item,
Mr. Manager, on allowing the fireworks the night in question for this...
Mr. Cesar Odio (City Manager): No problem.
Mayor Suarez: ...movie that they want filmed?
Mr. Odio: No.
Commissioner Plummer: Well, just be aware, because this is going to effect
you and me, it's 1:30 in the morning.
Mayor Suarez: Wow! All right.
Commissioner Plummer: OK?
Commissioner Dawkins: I move it.
Commissioner Plummer: It's a one shot.
Mayor Suarez: Moved. Commissioner Dawkins seconds. Call the roll.
Commissioner Plummer seconds. .
Mr. Odio: Is this near my house?
Commissioner Plummer: Yeah.
Ms. Mary Morgan: Commissioner Plummer? Hi. I'm Mary Morgan from Warner
Brothers. It's nice to see you again.
Mayor Suarez: Yeah. And you misspelled the name of one of your own actors,
but we won't go into that. All right.
Ms. Morgan: I apologize. It was one of those letters I dictated...
Mayor Suarez: Jimmy Smits. And you got Schmidts or something.
Ms. Morgan: I'm sorry.
Mayor Suarez: All right. Call the roll on the item.
Commissioner Plummer: Elizabeth... Wait a minute. Let me make sure.
Ms. Morgan: Yes.
Commissioner Plummer: This is only for one night.
381 Novemh?r 12, 1992
W"
Ms. Morgan: No, sir. This is three nights.
Commissioner Dawkins: You're going to shoot fireworks three nights?
Commissioner Plummer: And they're going to shoot firecrackers all three
nights?
Ms. Morgan: Can I explain something, Commissioner Plummer? This is a movie
about two friends, as you read. It's conversation. We need to see them 1n
j the distance. If there are big booms, there...
j Mayor Suarez: At 1:30 in the morning, three nights? But not in a row?
Commissioner Plummer: But they're telling me fireworks with no noise.
1
Ms. Morgan: Virtually, what they are... They're like very boomless. All of
{ those booms are 1n my soundtrack. There is a small ignition to ignite the
rocket or the trajectory and a small one when it explodes. But if it's really
noisy...
Mayor Suarez: Oh, you superimpose the sound later?
Ms. Morgan: Yes, we will actually. Because we can't really... There will be
some booms, but they will be very small.
Mayor Suarez: Can you make sure the booms are right close to his house there,
as long as you... Wake him up.
Ms. Morgan: OK. Let me just explain...
Commissioner Plummer: No. Better than that...
Ms. Morgan: Yes.
Commissioner Plummer: ...will you please make sure that one hour prior, that
you notify the Police Department.
Mayor Suarez: Yeah. You'd better...
Ms. Morgan: Absolutely.
Commissioner Plummer: All right.
Ms. Morgan: The Police work very well in hand with me, so the Police are on
hand. And also, just so you know, just to put it in perspective, I have about
60 minutes total in the budget.
Commissioner Dawkins: We've got 32 minutes to do the Planning and Zoning
agenda.
Ms. Morgan: OK.
Mayor Suarez: We're with you.
382 November 12, 1992
Ms. Morgan: OK.
Mayor Suarez: The more you talk, the less...
Ms. Morgan: Thank you.
a
Mayor Suarez: ...the more chance we may not be with you. So...
Ms. Morgan: OK. Thank you.
Mayor Suarez: All right. I'll entertain a motion on item 41.
Ms. Morgan: We'll be very good.
Commissioner Dawkins: So moved.
Mayor Suarez: Moved. Seconded by the... my esteemed colleague to the left.
Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-754
A RESOLUTION RELATED TO THE FILMING OF A MAJOR MOTION
PICTURE BY WARNER BROTHERS, INC., RELAXING THE
LIMITATIONS ON THE DISPLAY OF FIREWORKS TO ALLOW THE
STAGING OF PYROTECHNIC DISPLAYS THROUGHOUT THE NIGHT
IN THE KENNEDY PARK AREA ON DECEMBER 16, 17 AND 18,
1992 SUBJECT TO THE ISSUANCE OF APPROPRIATE PERMITS BY
THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
383 November 12, 1992
r YY irWrriifr Y'Yi�:-iY:i eii ---------Y---iii--w---r—r-----r---------r----r--r- ----i��wYr�. W:
79. GRANT REQUEST BY NORTH -SOUTH GOLF TOURNAMENT FOR USE OF MIAMI SPRINGS
GOLF COURSE FOR PERIOD FEB 24-28, 1993.
----wr.----------- itr---------------------------r....-----------r--.--------------
Mayor Suarez: Item 42.
[AT THIS POINT, COMMISSIONER DAWKINS READ THE RESOLUTION INTO THE RECORD.]
Mayor Suarez: So moved.
Commissioner Plummer: The what?
Mayor Suarez: Commissioner Plummer seconds. Call the roll.
Commissioner Plummer: This Dave Bondave?
Commissioner Dawkins: Yes.
Commissioner Plummer: God rest his soul.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-755
A RESOLUTION RELATED TO THE MIAMI NORTH -SOUTH GOLF
TOURNAMENT, TO BE HELD AT THE MIAMI SPRINGS GOLF
COURSE BY MIAMI NORTH -SOUTH GOLF TOURNAMENT, INC. ON
FEBRUARY 24 THROUGH FEBRUARY 28, 1993; WAIVING THE
GREEN FEES FOR SAID FACILITY IN AN AMOUNT NOT TO
EXCEED $7,200 FOR SAID EVENT; SAID WAIVER CONDITIONED
UPON THE ORGANIZERS PAYING FOR ANY OTHER COSTS OF CITY
SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID
EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN
THE AMOUNT PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
384
November 12, 1992
COMMENTS MADE DURING ROLL CALL:
Mr. Alberto Ruder: That's what you've had every year, what he just read. OK?
r------------r--r------r--------------------------------r-.y--
80. (A) FUND ECONOMIC DEVELOPMENT COMMUNITY BASED ORGANIZATIONS (CBOs) FOR
FOUR (4) ADDITIONAL MONTHS.
(B) ADMINISTRATION TO NOTIFY ALL CBOs THAT ANY NEGATIVE RECOMMENDATION ON
THEM FROM COMMUNITY DEVELOPMENT DEPARTMENT WILL RESULT IN ELIMINATION
OF ALL FUTURE FUNDING.
------------------------------------------------------------------------------
Mayor Suarez: Item 44.
Commissioner Plummer: What happened to 43?
Mayor Suarez: Forty-three. I'm sorry. Forty-three. Always trying to get...
Commissioner Plummer: Oh boy. Here we...
Mayor Suarez: Where are we?
Commissioner Plummer: We're in the jackpot, as usual.
Mayor Suarez: The press release said that we had thrown the whole thing by
the wayside. Right?
Commissioner Dawkins: Yeah. What did the press release say?
3!
Mr. Cesar Odio (City Manager): I suggest that we fund them until the rest of
the budget year, and until we have time then to change the rules.
Mayor Suarez: OK. Does that notification we got from HUD (Housing and Urban
j Development), which I then had copied and submitted to my colleagues on the
Commission, does that say pretty much what I put in my note? That, at least
as to the audit of our general handling of the funds, we're OK for one more
year?
Mr. Frank Castaneda: Right. Yes, it is.
i
Mayor Suarez: All right. J.L., does that make you feel a little bit better?
Commissioner Plummer: How... Well, wait a minute. Let me ask this question.
That funding starts what, July 1?
Mr. Castaneda: July 1.
Commissioner Plummer: Al right. So we've gone July, August, September,
October, November. We've gone four months. Mr. Mayor, I'd like to keep them
under the gun. I'd like to give them an additional four months. OK? But
keep...
385
November 12, 1992
lid &Z
Commissioner Dawkins: Some... Second.
Commissioner Plummer: Keep them under the gun...
Commissioner Dawkins: Second.
Commissioner Plummer: ...so that they don't...
Mayor Suarez: Moved and seconded.
Commissioner Plummer: Yeah.
Mayor Suarez: Any discussion? If not...
i
( Commissioner Plummer: I'll move an additional four months.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-756
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, WITH TWELVE (12) NEIGHBORHOOD
ECONOMIC DEVELOPMENT COMMUNITY BASED ORGANIZATION
("CBOS"), THEREBY PROVIDING FOR EXTENSIONS TO SAID
AGREEMENTS FOR THE PERIOD OF DECEMBER 1, 1992 THROUGH
MARCH 31, 1993, TO CONTINUE IMPLEMENTING ECONOMIC
DEVELOPMENT PROGRAMS; 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.)
z
4' Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
S'. AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
{ Mayor Xavier L. Suarez
1 NOES: None.
ABSENT: Commissioner Victor De Yurre
�`. Vice Mayor Miriam Alonso
Mayor Suarez: Item...
386 November 12, 1992
Commissioner Plummer: OK. But, Frank, listen... Mr. Mayor, I'm going to
make another motion. Mr. Manager, listen to me. I'm making a motion that the
Administration today go on record to each CBO (Community Based Organization)
that if a negative recommendation comes back from Community Development, that
they will not be considered for future funding. OK? I cannot sit here again
next year and look at some of the reports that came forth before this
Commission and continue to vote for funding of organizations that are not
complying with the rules. OK?
Mayor Suarez: All right. On 44, do we need a corresponding motion for four
months?
Unidentified Speaker: OK. I guess they were used to be staggered over two
years and now... non -Commission appointees... it's a two-year term.
Mayor Suarez: All right. Is that what you're recommending, Mr. Manager? Mr.
Manager, is it four months?
Mr. Odio: Yeah.
Mayor Suarez: All right. So moved.
Commissioner Dawkins: Second.
Commissioner Plummer: Wait a minute. Where are we?
Mayor Suarez: Forty-four, the companion item.
Mr. Odio: The same way.
Ms. Hirai: We haven't called the roll on 43, Mr. Mayor.
Mayor Suarez: All right. Call the roll on 43 first.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 92-757
A MOTION OF THE CITY COMMISSION TO GO ON RECORD AND
REQUESTING THE ADMINISTRATION TO NOTIFY EACH COMMUNITY
BASED ORGANIZATION (CBO) THAT IF ANY NEGATIVE
RECOMMENDATION WERE TO BE FORTHCOMING FROM THE
DEPARTMENT OF COMMUNITY DEVELOPMENT WITH RESPECT TO
ANY GIVEN ORGANIZATION, SAID RECOMMENDATION WILL
RESULT IN THE ELIMINATION OF ANY FUTURE CDBG FUNDING
FOR SAID ORGANIZATION.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
387 November 12, 1992
t iF
�
� 4
k
A
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Vice Mayor Miriam Atonso
81. FUND COMMUNITY DEVELOPMENT CORPORATIONS (CDCs) FOR FOUR (4) ADDITIONAL
MONTHS.
------------------------------------------------------------------------------
Commissioner Plummer: Wait a minute.
Mayor Suarez: Yes.
Commissioner Plummer: What is the difference between 43 and 44?
Mr. Frank Castaneda: Well, one are economic development and CBOs and the
other ones are the housing, community based organizations.
Commissioner Plummer: Oh, OK.
Mayor Suarez: OK.
Commissioner Dawkins: Move the next one.
Mayor Suarez: Moved 44. Seconded by Commissioner Plummer. Call the roll on
44.
Commissioner Plummer: That's the end of the agenda.
388
November 12, 1992
the following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-758
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, WITH NINE (9) NEIGHBORHOOD
BASED HOUSING COMMUNITY DEVELOPMENT CORPORATIONS
("CDCS"), THEREBY PROVIDING FOR EXTENSIONS TO SAID
AGREEMENTS FOR THE PERIOD OF DECEMBER 1, 1992 THROUGH
MARCH 31, 1993, TO CONTINUE DEVELOPING AFFORDABLE
HOUSING PROGRAMS FOR LOW AND MODERATE INCOME FAMILIES
AND INDIVIDUALS IN THE CITY OF MIAMI; ALLOCATING FUNDS
THEREFOR FROM THE EIGHTEENTH (18TH) YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
MINUTES OF THE PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 12th day of November, 1992, the City Commission of Miami,
Florida, met at its regular meeting place in the City Hall, 3500 Pan American
Drive, Miami, Florida in regular session.
The meeting was called to order at 8:12 p.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
ABSENT:
Commissioner Victor De Yurre
389 November 12, 1992
ALSO PRESENT:
•
Sergio Rodriguez, Assistant City Manager
A. Quinn Jones, III, City Attorney
Joel Maxwell, Assistant City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
------------------------------------------------------------------------------
82. CONTINUE TO THE MEETING OF JANUARY 28th CONSIDERATION OF PROPOSED
RESOLUTION TO APPEAL VARIANCE DENIED BY ZONING BOARD FOR WAIVER OF
REQUESTED NUMBER OF OFF-STREET PARKING SPACES FOR EXISTING RESTAURANT
TRATTORIA PAMPERED CHEF AT 3145 COMMODORE PLAZA.
------------------------------------------------------------------------------
Mayor Suarez: PZ-3.
Commissioner Plummer: Well, Dawkins, I'm ready on this any time you are.
Commissioner Alonso, have you seen this on the appointments?
Mayor Suarez: OK.
Commissioner Plummer: I'm ready to vote on it.
Vice Mayor Alonso: Yes.
Mayor Suarez: On PZ-3, is there anyone here in opposition to the application
at PZ-3?
j Unidentified Speaker: I think they changed three to five.
i Mayor Suarez: If so, if you're here in opposition, please raise your hand or
stand up, or otherwise signify.
Commissioner Plummer: What happened to... Wait a minute. Hold on. Where...
Vice Mayor Alonso: What we give with the...
Mayor Suarez: Mary Weber and the counsel. All right. Swear in the
applicants and anyone else who is going to testify. Mary and anyone else with
you.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Commissioner Plummer: Wait a minute. Do you want to continue this?
Mr. Juan Valverde: No. It's Juan Valverde.
Commissioner Dawkins: OK. What?
390 November 12, 1992
Commissioner Plummer: Well, I don't... Put it on the record.
Mayor Suarez: Does that create a problem for you? They want to continue
until the next Commission meeting.
Commissioner Plummer: But I do need some coffee, because this is the worst
I've ever had.
Mayor Suarez: We've got tons of other things, including some that I know
you're interested in, because I just got a little not from you, that you
wanted us to hear... and these guys are going to... guys and gals are going
to leave right around 9:00 p.m. and I know you want to hear PZ-11 and 12.
Commissioner Plummer: No. I am leaving at 9:00. I'm tired.
Mr. Sergio Rodriguez (Assistant City Manager): May I suggest something?
You're going to have before you - This is in relation to this - in either
December or January, a Coconut Grove parking study and some conclusions and
changes in the ordinance that may have an effect...
Mayor Suarez: Which will effect his application...
Mr. Rodriguez: ...on this at the next application.
Commissioner Plummer: We just... Wait. Wait a minute. How are you going to
do that in December or January, when we just appropriated the money this
morning?
Mr. Rodriguez: It depends on when the Coconut Grove Civic Club has a chance
to review, in final form, and make a recommendation on that. After we go to
them, then we can come to you and make a recommendation. We can do it. So,
it could be either December or January. If the Civic Club can meet on this
issue before the next Commission meeting, and before we go to the Planning
Board, it will be here in December. If not, it will be here in January. But
it will be... The arguments that will be made by, probably, the applicant in
this case, and any other, will be addressing the issue of parking. And you
might spend half an hour on this issue just to make a conclusion, make a
determination at the end, that you might want to wait until the Coconut Grove
parking study is...
Commissioner Plummer: Excuse me. I guess what I'm really asking is, if
you're depending upon the Civic Club...
Ms. Mary Weber: Village Council.
Commissioner Plummer: I'm sorry?
Mr. Rodriguez: Village Council, because... Village Council.
Ms. Weber: Village Council.
391
November l?, 1992
Commissioner Plummer: If you're depending upon the Civic Club, or any other
organization, to review this matter, obviously it must be finished. And I
take exception for anybody reviewing this item, the findings, which I'm paying
for, before I do.
Mr. Rodriguez: 'There are two parts of the study. The first study dealt with
the amount of parking. The second part of the study, which is the one you
haven't seen yet...
Commissioner Plummer: I don't know why you did a first part, because we all
know there is not enough.
Mr. Rodriguez: Because the only way... Well, you had to establish exactly
what is the issue.
Commissioner Plummer: No, no. All you've got to do 1s go Friday, Saturday,
or Sunday night down there.
Mr. Rodriguez: Right.
Commissioner Plummer: You don't need a $10,000 study to tell you you can't
move.
Mr. Rodriguez: So we know the magnitude of the study, which we didn't pay...
It was paid by consultant. Now, the second part of this study is to try to
find possible solutions, and that's the one that will come before you also, in
the next Commission meeting that we can bring it.
Commissioner Plummer: OK. All I'm saying to you is this - don't hand me up
here a finished package that I've got to say yes or no, without the right of
input. OK? That's all I'm saying to you.
Mr. Rodriguez: OK. I'll bring to you whatever we have tomorrow.
Commissioner Plummer: Just bring to me whatever you have and let me have my
right, as a member of this Commission, to have Input into what is going to be
the final product.
Mr. Rodriguez: Do that, sir.
Commissioner Plummer: OK? That's all I'm asking.
Ms. Weber: We will appreciate that. And in answer to the question, we did
not oppose to a continuance this evening. Although it is important that you
know that the Coconut Grove Village Council has voted against these variances,
for both this issue and the one following.
Mr. Rodriguez: And the recommendation of the staff is against the variances,
too.
Commissioner Plummer: Well, are you recommending against or are you
recommending that they be deferred? Are we not asking...
392 November 12, 1992
Aw-Frp,
p
Vice Mayor Alonso: They are not opposing the...
Ms. Weber: I'm not opposing a continuance. You asked me if we were... if we
were opposed...
Commissioner Plummer: Well, are you in favor?
Ms. Weber: Of the continuance?
Commissioner Plummer: No. Of the variances.
Ms. Weber: Absolutely not.
Commissioner Plummer: OK. But you're not necessarily opposed to the... I
mean, you're not... You're not opposed to a deferment.
Ms. Weber: No.
Commissioner Plummer: OK. That's the point I was trying to make, because, I
mean, if we're not trying to do this, basically, for the commercial area -
that's where the parking is for - then what are we doing 1t for?
Mayor Suarez: All right. Can we...
Commissioner Plummer: That's...
Mayor Suarez: ...make a decision on whether we're going to continue this or
not. Is that...
Vice Mayor Alonso: Continue.
Mayor Suarez: All right. Moved to continue...
Vice Mayor Alonso: Continue.
Mayor Suarez: ...made by Vice Mayor. Seconded by Commissioner Plummer, who
put his glasses on. That's usually a signal.
Mr. Rodriguez: To December 10th.
Mayor Suarez: To December 10th. Call the roll.
Commissioner Plummer: This is item 3.
Mr. Rodriguez: Excuse me. Just one second.
Commissioner Plummer: No, no. Sergio, January at the earliest.
Mr. Rodriguez: OK. Let's say for the January meeting.
Commissioner Plummer: Because we only have one meeting in December.
Mr. Rodriguez: OK. Planning and Zoning meeting in January...
393 November 12, 1992
P 1
4>s�' --- MW
Commissioner Plummer: That's... At the earliest.
Mr. Rodriguez: ...which is the 28th.
Commissioner Dawkins: OK. OK. I move the Sports Authority ordinance that we
read all ready.
Ms. Matty Hirai (City Clerk): May I call the roll on...
Vice Mayor Alonso: Second.
Mayor Suarez: Moved and seconded.
THEREUPON MOTION DULY MADE BY VICE MAYOR ALONSO AND
SECONDED BY COMMISSIONER PLUMMER$ ITEM PZ-3 WAS
CONTINUED TO THE JANUARY 28th MEETING BY THE FOLLOWING
VOTE:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Wait. Which one are we voting on?
Ms. Hirai: The continuance.
Commissioner Plummer: Which one?
Mayor Suarez: Let's vote the continuance, please.
Commissioner Plummer: The continuance.
Ms. Hirai: On the continuance.
Commissioner Plummer: The continuance of number 3.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: The continuance of number 3.
Ms. Hirai: Yes, sir.
Commissioner Plummer: OK. Because number 4 is standing right there.
Ms. Hirai: Yes, sir.
394 November 12, 1992
11t t fc'i
•
- — - - - - - - - - — — ------------------------
[NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY
TABS CONSIDERATION OF PLANNING AND ZONING ITEMS TO
CONSIDER ITEMS FROM REGULAR PORTION OF THE AGENDA.]
----------------------------------------------------------
------ ---------------------------------------------------------------------
83. APPOINT / REAPPOINT MEMBERS TO THE MIAMI SPORTS AND EXHIBITION
i.,. ORITY BOARD. (Appointed were: Steve Nuell, Robert Ratiner, Frankie
'naonon Rolle, Milton Vickers, William Bayer, Julio Gonzalez Rebull,
Eli Feinbo,,g, Manny Careno, Neal Harrington, and Ken Albano) (See label
42).
(B) FIRST READING ORDINANCE: AMEND CODE SECTION 52.6-3 CONCERNING THE
GOVERNING BODY OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY -- ELIMINATE
NECESSITY FOR SEPARATE GROUPS BY HAVING ALL MEMBERS SERVE A ONE-YEAR TERM
OF OFFICE (11/30/92 - 11/29/93), AND TWO-YEAR TERMS THEREAFTER -- CITY
COMMISSIONERS' TERMS TO RUN ONE YEAR, RENEWABLE BY THE CITY COMMISSION ON
JUNE 1ST OF EACH YEAR, FOLLOWING INITIAL APPOINTMENT. (See labels 41 and
75).
------------------------------------------------------------------------------
Commissioner Dawkins: All right. Now, I move the Sports Authority...
Mayor Suarez: ...ordinance.
Commissioner Dawkins: ...ordinance.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Commissioner Dawkins: It was already read.
Mayor Suarez: Second. It's been read into the record.
Commissioner Plummer: OK. Just for the record now. That means that we'll
appoint when?
Mayor Suarez: November.
Commissioner Dawkins: November.
Mayor Suarez: Now.
Commissioner Dawkins: Now. Now, for two years. Everybody goes for two
years.
Commissioner Plummer: But, in other words, the appointment I make today,
which is a known factor... I'm reappointing Steve Newell.
Mayor Suarez: Right.
395 November 12, 1992
t r.
Commissioner Dawkins: Um-hmm.
Commissioner Plummer: ..that,..
Commissioner Dawkins: No, both of them. You've got to reappoint both of
them, because they both run for two years.
Mayor Suarez: You've got to... terms of two years.
Commissioner Plummer: No. Because one would be...
Commissioner Dawkins: That's what...
Commissioner Plummer: ...appointed one two-year term and the other one be
appointed the other two-year term.
Mayor Suarez: They're all two-year terms now. We just decided to simplify...
A. Quinn Jones III, Esq. (City Attorney): They're all the same.
Commissioner Plummer: OK. It's really immaterial.
Mayor Suarez: Right. It's immaterial.
Vice Mayor Alonso: Two years.
Commissioner Plummer: It's OK. So...
Mayor Suarez: Thank you. I was hoping you'd say that.
Commissioner Plummer: But, excuse me. They would be serving for two years
after November of 193.
Mayor Suarez: Of 192. Of now.
Vice Mayor Alonso: Of now.
Mr. Jones:, Yes. Starting now.
Mayor Suarez: Right.
Commissioner Plummer: It would be 192...
Mayor Suarez: ...to 194.
Mr. Jones: Two years from November 30th, 192.
Commissioner Plummer: I thought it was to coincide with the election of the
Commissioner.
Mayor Suarez: But we can't do that the first time around. Maybe at some
point.
Commissioner Plummer: Why not?
396 November 12, 1992
Mayor Suarez: Because it's two years, unless you want to have them cancel if
anyone is not here at that point, which was suggested at one point today and
we think .. thought it was not...
Vice Mayor Alonso: And we said we were going to look at that later on.
Mayor Suarez: Yeah. We can look at that. We could make that modification
later. You can have their terms end.
Commissioner Plummer: So, the appointment I'm making t-1ay is only from now
until November of 193.
Mayor Suarez: Ninety-four.
Mr. Jones: Ninety-four.
Commissioner Plummer: Ninety-four.
Mayor Suarez: Two years.
Vice Mayor Alonso: Two years.
Commissioner Plummer: That's over two years.
Mayor Suarez: Now, if we later decide that we want to change the ordinance
to...
Vice Mayor Alonso: Two years. Exactly two years.
Commissioner Plummer: I thought what we were trying to accomplish...
Mayor Suarez: ...is to have it coincide with our terms.
Commissioner Plummer: ...was to have the appointments coincide with the
Commissioner's terms.
Mayor Suarez: But we weren't able to do it, because we're midterm.
Commissioner Dawkins: We want all of them... We want all of them to
coincide, not half of them.
Mayor Suarez: Right.
Commissioner Plummer: OK. But why don't you make the appointments today
effective two years from November of 193.
Mayor Suarez: That would give them three years from today.
Commissioner Plummer: On the initial go -around, yes, it would. But after
that, it would be every two years.
Commissioner Dawkins: If you will vote for that, I so... I move it. If you
will vote for it, I move it.
397 November 12, 1992
Lj
Vice Mayor Alonso: But do you forget that we have elections next year?
Commissioner Plummer: OK. Make it one year then. Make these terms one year,
to Coincide with the Commissioners' term.
Mr. Jones: Well, I've got to change it again.
Mayor Suarez: As long as we get to the next item. I...
Vice Mayor Alonso: It's kind of complicated and it's...
Mayor Suarez: Yeah. I mean, why don't you just leave it the way it is?
Vice Mayor Alonso: ...eight nineteen...
Mayor Suarez: If you later want to have those terms lapse, we can do that.
Commissioner Plummer: Because it's not accomplishing what you're trying to
do.
Mayor Suarez: Well, you can make 1t coincide with the elections after that
any time.
Commissioner Plummer: Miller...
Vice Mayor Alonso: Commissioner Dawkins... no actions and then he will have
to come back.
Mayor Suarez: We may change the...
Commissioner Plummer: Miller, can you live with one year?
Commissioner Dawkins: Huh?
Commissioner Plummer: Can you live with one year? OK. Let's make it one
year. If he can live with that, I'll second the motion. And then we'll get
to where we have them the same as our terms are concerned.
Commissioner Dawkins: OK. So moved.
Vice Mayor Alonso: So what are we doing now?
Commissioner Plummer: What we're doing right now, our appointments are for
one year.
Vice Mayor Alonso: One year.
Commissioner Plummer: That's correct.
Mayor Suarez: When you...
Vice Mayor Alonso: OK. So scratch two years. It's one year.
398 November 12, 1992
Commissioner Dawkins: From November 192 to November 193.
Commissioner Plummer: That's correct.
Mayor Suarez: But the ordinance otherwise reads two years thereafter.
Commissioner Plummer: That is correct.
Mayor Suarez: All right?
Commissioner Plummer: That is correct.
Mayor Suarez: Right.
Mr. Jones: One year terms?
Commissioner Plummer: One year.
Mayor Suarez: The initial term is one year and after that two years.
Commissioner Plummer: Right. But now, do I name both of my appointments now?
Because only one is up.
Mayor Suarez: Yes. You have to reappoint all.
Vice Mayor Alonso: All of them.
Mayor Suarez: We're changing the whole scheme.
Commissioner Dawkins: Both of them.
Commissioner Plummer: OK. Fine.
Vice Mayor Alonso: One year.
Commissioner Plummer: All right. All of them for one year. That's good.
You're ready for mine?
a;
Mayor Suarez: All right.
Mr. Jones: Subsequent with two. Subsequent terms...
Commissioner Plummer: After that, subsequent with two, starting in November
of '93.
Mayor Suarez: OK. Just state... State only the ones that you are going to
` change, please, if any.
Commissioner Plummer: No, I'm reappointing Steve Nuell and Bobby Retiner.
Mayor Suarez: Anyone else is going to change any?
Commissioner Dawkins: No, I'm not... I'm reappointing Frankie Rolle and
Milton Vickers.
399 November 12, 1992
��e
0�,.z
a f
Vice Mayor Alonso: Me too. I'm reappointing...
Mr. Bill Perry: ...all three.
Vice Mayor Alonso: ...Bill Bayer...
Mr. Perry: Eli Feinberg.
Vice Mayor Alonso: ...and Julio Gonzalez Rebull and Eli Feinberg.
Mr. Perry: All of them.
Mayor Suarez: I'm replacing only Mr. Zogby with Mr. Careno, who has served on
the board before, and reappointing the other two.
Mr. Perry: Manny Careno?
Mayor Suarez: Right. All right. As to all of those, we have a motion?
Commissioner Plummer: So moved.
Vice Mayor Alonso: Yes.
Mr. Jones: It's an ordinance.
Mayor Suarez: Moved and seconded by the Vice Mayor. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-759
A RESOLUTION REAPPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION
AUTHORITY FOR TERMS OF OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adoptedby 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
Mayor Suarez: Madam City Clerk, did we vote on the actual ordinance on that?
We forgot.
400 November 12, 1992
F
Commissioner Mummer: Is there an ordinance?
Mayor Suarez: On the ordinance, I'll take a motion now with the new
understanding.
i
Vice Mayor Alonso: Which one?
Commissioner Plummer: Move it.
Mayor Suarez: On the same ordinance on the Sports Authority.
4
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
Commissioner Plummer: Let's go home.
Mr. Jones: Was the ordinance read?
Mayor Suarez: Yes. It had been read into...
Commissioner Dawkins: Yeah. I read it.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 52.6-3 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, CONCERNING THE
GOVERNING BODY OF THE MIAMI SPORTS AND EXHIBITION
AUTHORITY THEREBY ELIMINATING THE NECESSITY FOR
SEPARATE GROUPS BY HAVING ALL MEMBERS SERVE TWO YEAR
TERMS, EXCEPT THE CITY COMMISSION MEMBER WHOSE TERM
SHALL RUN FOR ONE YEAR REVIEWABLE BY THE CITY
COMMISSION ON JUNE 1ST OF EACH YEAR FOLLOWING THE
INITIAL APPOINTMENT, ALL SUCH TERMS TO COMMENCE ON
NOVEMBER 30, 1992; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
401
November 12, 1992
Mayor Suarez: The ordinance doesn't have to be read by the City Attorney,
does it? I mean, I don't want to do anything...
Mr. Jones: Well, it's already in the record.
Mayor Suarez: All right.
Mr. Jones: Just please note what the amendment as noted and passed.
Mayor Suarez: Do you have to put the severability clause...
Mr. Jones: Yeah.
Mayor Suarez: ...and all of that stuff?
Commissioner Dawkins: Yes.
-[NOTE: AT THIS POINT, THE CITY COMMISSIONTEMPORARILY
TES CONSIDERATION OF REGULAR AGENDA ITEMS TO CONSIDER
ITEMS FROM THE PLANNING AND ZONING PORTION OF THE AGENDA.]
----------------------------------------------------------
84. CONTINUE TO JANUARY 28TH MEETING CONSIDERATION OF PROPOSED RESOLUTION TO
APPEAL ZONING BOARD'S DENIAL OF VARIANCE TO WAIVE OFF-STREET PARKING
REQUIREMENT FOR EXISTING RESTAURANT (TULA RISTORANTE) AT 2957 FLORIDA
AVENUE.
Mayor Suarez: All right. PZ-3...
Mr. Sergio Rodriguez (Assistant City Manager): Four.
Mayor Suarez: ...we voted on. PZ-4. Yes, sir.
Mr. Louis Terminello: Yes, considering the discussion on PZ-3, I was going to
join and ask for a deferment until the January 28th.
Mayor Suarez: OK. We didn't swear you in.
Commissioner Plummer: So move.
Mayor Suarez: Is there anyone here that is in opposition to PZ-4 being
continued until the meeting of...
Mr. Rodriguez: January 28th.
402
November 12, 1992
3
Vice Mayor Alonso: January 28th.
Mayor Suarez: Twenty-eighth? Let the record show no one stepped forward.
Commissioner Plummer: So move.
Mr. Rodriguez: Continued.
Mayor Suarez: So moved. Seconded by the Vice Mayor. r—
r
Vice Mayor Alonso: Yes.
Mayor Suarez: Call the roll.
Mr. Terminello: Thank you.
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY VICE MAYOR ALONSO, ITEM PZ-4 WAS CONTINUED
TO THE JANUARY 28TH MEETING 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
------------------------------------------------------------------------------
85. SECOND READING ORDINANCE: AMEND 11000 ZONING TEXT, SD-9 OVERLAY
DISTRICT, TO REFLECT MODIFICATIONS AND LIMITATIONS FOR BISCAYNE
BOULEVARD FROM APPROXIMATELY N.E. 36 STREET TO N.E. 87 STREET.
------------------------------------------------------------------------------
Mayor Suarez: PZ-5 and 6. I am told that the Northeast citizens would like
the second reading tonight. Who is here on behalf of PZ-5 and 6?
Commissioner Plummer: Move it.
Vice Mayor Alonso: Move.
Mayor Suarez: Wait, wait. I'd love to go with you, but I just want to make
sure that there is no one against. Is there anyone against PZ-5 and 6? Noted
Counselor, all right, would you raise your hand in opposition, and anyone who
! might make a presentation, keep it in mind that, you know, you all are
representing...
1, Commissioner Dawkins: You got... momentum with...
iMayor Suarez: Well, you certainly have the multitude here.
403 November 12, 1992
Vice Mayor Alonso; Indeed.
Mayor Suarez: So, whoever is going to speak, also stand up and raise your
hand, please. Who's going to make the presentation for the group, or
otherwise be...
Commissioner Plummer: No, no. Sit down and be quiet, please.
Mayor Suarez: Give us three or four people, please. All right. OK. No, I
think we have to hear...
Commissioner Plummer: Second reading is only for the purposes of any new
information. Correct?
Vice Mayor Alonso: I hope so.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: Madam former City Attorney, why would you want to oppose these
nice folks from the northeast? What have you got?
Commissioner Plummer: A motel.
Ms. Lucia Dougherty: I don't oppose them at all, Mr. Mayor. Members of the
Commission, Lucia Dougherty, with 1221 Brickell Avenue as law offices. I'm
here representing Barry Seinfeld, who is the owner of 80th and Biscayne
property... 80th and Biscayne on the southeast corner... excuse me, the
southwest corner. He purchased that property in 1986 for 2.5 million dollars.
In 1957, it was built as a hotel. It's three stories in height and has 70
units.
Mayor Suarez: May we assume that the, as long as you put into the record how
much he purchased it for, that it was all cash he paid at that point, that
exact amount of cash? Or he just assumed a bunch of mortgages?
Ms. Dougherty: I don't know the answer.
Mayor Suarez: All right. Go ahead.
Ms. Dougherty: It was not built as offices or apartments. It was built as a
hotel and it's three stories in height. He's operated since then, until 1989,
as an ACLF (adult congrate living facility) and continues to have an ACLF
certificate of use and license. He has been operating... Not a license, but
a certificate of use. He's been operating as a lodging house since 1989, or a
hotel. Your ordinance prohibits the following things: You can't have a
convalescent home, a nursing home, an institution for the aged, foster home,
group home or orphanage. You cannot also have hotels, residence halls,
motels, tourist homes, lodging houses, single room occupancies, and other
transitory residential uses. If we do not... are not able to continue to
have CU (certificate of use), or, for some reason, the building is somehow
destroyed, or somehow we lose our beneficial use, we have absolutely no
beneficial use of this property whatsoever. None. And therefore, as
proposed... as applied to this particular piece of property, this ordinance
404 November 12, 1992
I
•
is unconstitutional. I dare say, frankly, given the fact that you can have an
auto service station on Biscayne Boulevard as still a permissive use, that the
fact that you don't permit hotels, and tourist houses, and lodging houses is
probably unconstitutional per se. But I'm only saying, as respect to this
property, it is unconstitutional what this ordinance is trying to do. At the
last Commission meeting, your City Attorney put on the record the fact that we
do not have a certificate of use for the lodging use. But the fact that we
have been using it for a permitted use, prior to the effective date of that
ordinance, we can continue to use it. And that would probably be the saving
grace for your ordinance, if we can continue to use it as a lodging house
after this ordinance takes effect.
Mayor Suarez: Does the ordinance then, in the ideal situation, or the one
that you are sort of alluding to, have a grandfather clause at all?
Ms. Dougherty: Your ordinance does have a grandfather clause. All... Your
entire zoning ordinance does. So, if we are using it for a permitted use at
the time that this ordinance takes effect, we can continue to.
Mayor Suarez: No, the one that takes effect does not have a grandfather
clause.
Ms. Dougherty: Not specifically, but it does have in your ordinance,
generally.
Mayor Suarez: And it does not, in any way, vitiate that or abolish that?
Ms. Dougherty: No, it does not.
Mayor Suarez: But it somehow doesn't cover your client, because of what? He
doesn't have a certificate of use for that particular activity?
Ms. Dougherty: We don't have a certificate of use for this activity, although
we have been using it for it, but according to your City Attorney, and
according to the case law that I've read, the fact that we don't have a
certificate of use does not obviate the fact that I continue.
Mayor Suarez: Any particular reason why he doesn't have a certificate of use
for that particular kind of activity?
Ms. Dougherty: It was simply an oversight.
continued to get it.
Mr. Barry Seinfeld: They told me to keep...
Ms. Dougherty: I'm going to have...
Unidentified Speaker: [Expletive deleted].
Ms. Dougherty: Excuse me.
He had an ACLF license. He
Mayor Suarez: Please, please. That really is out of order. Now, I'm
surprised that someone that we have here as often as we have you, that you
would get to that point. I mean it's been a wild day, but... Yes. Sorry.
405 November 12, 1992
f wit
cSai � F
Ms. Dougherty: I would like my client to testify, as an expert witness, which
he can, with respect to his own property, and the value of his property, and
to tell you about that certificate of use.
{ Mayor Suarez: Not to mention that we're not a court of law, so he could, in
any event, testify as to just about anything, as long as he's sworn in. Yes?
You want to bring the mike a little closer to you, Mr. Seinfeld.
Mr. Joel Maxwell (Assistant City Attorney): Is he under oath, Mr. Mayor?
Mr. Seinfeld: Yes.
Mayor Suarez: Yes.
Mr. Seinfeld: First of all, regarding the certificate of use...
Mayor Suarez: Why don't you give us your name and address, so we have that on
the record. Make it easier to...
Mr. Seinfeld: Yeah. Barry Seinfeld. The address of the hotel is on 8000
Biscayne Boulevard, Miami. And it 1s owned by a... I'm the general partner.
It's owned by a limited partnership. There are 70 units. We purchased it for
2.6 million in 1986. As far as the certificate of use is concerned, it was
originally purchased as an ACLF, and when we gave up our ACLF license, and I
went down to the City of Miami to change the certificate of use to the
boarding home, lodging home type of certificate of use, the lady there who was
in charge told me to keep it as the same as the ACLF and I could still run the
boarding home. And so I... That's what I did and it was never changed.
Mayor Suarez: Why... Let me ask you a question and maybe I shouldn't, but
it's sort of a logical flow in all this. Why would the neighbors be more
opposed to a lodging house than to an ACLF? What exact kinds of people are
they lodging there that...?
Mr. Sergio Rodriguez (Assistant City Manager): A lodging house is, in a way,
similar to a hotel, somewhat different. In ACLF, you have the approval by the
HRS (Human Rehabilitative Services) for a halfway house.
Mayor Suarez: With all of the supervisory personnel, et cetera.
Mr. Rodriguez: And also the connotation...
Mayor Suarez: And, of course, part of their object is to limit the number of
hotels of this sort. Unless...
Mr. Rodriguez: Yeah. And the connotation that that kind of facility has a
negative impact on the area.
Mayor Suarez: Has a...?
Mr. Rodriguez: A negative impact on the area.
Vice Mayor Alonso: Negative.
406 November 12, 1992
Mayor Suarez: OK. Is there a finding to that effect from the City?
Mr. Rodriguez: There have been, at least, decisions from the City before, as
policy decisions, to try to limit the concentration of ACLF and CBRF
(Community Based Residential Facility) in different...
Mayor Suarez: This is not, by any chance, the one that was going to be used
to house a bunch of people from...
Mr. Rodriguez: Yes. Two hundred homeless.
Mayor Suarez: All right.
Vice Mayor Alonso: Yes.
Mayor Suarez: How big is it?
Mr. Seinfeld: It has 70 units. And, unless this ordinance... If this
ordinance prohibits motels, hotels and lodging houses, and it applies to my
property, this property is actually... will actually be worthless. We would
never be able to get financing to do any other project with it, such as an
office building, or an apartment building. And an apartment building would
not be economically feasible, because you wouldn't be able to pay the
mortgage, based on what you'd be able to get for apartments in that area. So,
I have to ask you to reconsider the situation regarding this building.
Mayor Suarez: Sir, your attorney has made a strong argument on
constitutionality, I think. That's...
Ms. Dougherty: I just want to add one thing. I understand their efforts...
And let me just also point out, this was on the record at the last Commission
meeting, but he didn't go and solicit the County, or the City, to put the
homeless in there. They went to him. And as a result of them going to him,
he said he agreed. He then disagreed when the neighbors went to the City.
And it was as a result of that occurrence that the City went out there and
cited him with a bunch 'of violations. As a result of him saying, "Yes. I
will use my property."
Commissioner Plummer: It's amazing that the homeless just don't move in.
Mayor Suarez: Oh, I had forgotten that part. Yeah.
Ms. Dougherty: So, let me continue. My only suggestion, with respect to this
ordinance, is the following. Would the City of Miami not want a hotel on
Biscayne Boulevard, if it was a legitimate, good facility? Is that something
the City of Miami wouldn't want? And if you would... If somebody were to
come here and say, "I want to build a legitimate, good hotel, there's no way
to do it in this ordinance." And I'm only suggesting that you ought to be
able to permit that kind of use as at least a special exception, where these
folks can come down, have notice, come down and testify. And you'd have, at
least, the right to turn it down or to approve something that would be a
legitimate use on Biscayne Boulevard. I can hardly think that the City of
Miami wouldn't want a legitimate hotel in that district... in that area.
407 November 12, 1992
Mayor Suarez: All right. Do you want to make a fairly brief presentation?
Oh, go ahead.
Ms. Ana Gelabert: Yeah. My name is Ana Gelabert and I'm with the Planning
Department. What the SD-9 calls for, the amendment to the SD-9 and the uses
of prohibiting hotels, and residence hotels, motels... Do you want me to go
through all of the uses, or directly answer the question why we feel that the
hotel...?
Mayor Suarez: Just put as much into the record as would convince us of the
City's position and would be necessary...
Ms. Gelabert: Well, let me...
Mayor Suarez: ...assuming that we vote that way, and that we're challenged in
court.
Ms. Gelabert: OK. What's happening on Biscayne Boulevard, like we know it,
is that Biscayne Boulevard at one point, years ago, was the gateway to Miami,
and then the idea of all of these motels coming into Biscayne Boulevard had...
You know, it went with what Biscayne Boulevard was. The motels, people would
come to Miami and stay there. Now, the character has changed. It has
evolved. And the neighbors are, you know... strongly are suggesting that
they... with the character of Biscayne Boulevard changing, all these uses
that right now exist are becoming obsolete. How... And that was brought up
in the other meeting, how you determine if a hotel is legitimate or not? It
would be very, very hard...
Mayor Suarez: An office building would not be problematic.
Ms. Gelabert: You could do an office. You could do residential. It would
still...
Mayor Suarez: Residential meaning an apartment building or a condo, or
whatever.
Ms. Gelabert: Yeah. Because right now, this is an SD-9. It's an overlay
district. Under you have the C-1, in the northern part, and office on the
southern portion of Biscayne Boulevard. And we're talking only about the
properties that go fronting on Biscayne Boulevard. If the hotel, or any other
use, comes a block away from Biscayne Boulevard, you could still have it. So,
we're only talking on the fronting... properties fronting on Biscayne
Boulevard...
Mayor Suarez: A block away on either side of Biscayne Boulevard? You can
have a...
Ms. Gelabert: We're talking only on the corridor of Biscayne Boulevard, where
the SD-9 applies.
Mayor Suarez: But I thought that both sides of Biscayne Boulevard had a lot
of residential, that you could not have... a single family residential, and
duplexes and stuff, that you could not have any kind of a hotel, for other
reasons.
408 November 12, 1992
Mayor Suarez: OK. But sort of the way you stated it, it kind of implied that
we could have hotels on both sides of Biscayne Boulevard...
Ms. Gelabert: No, I apologize.
Mayor Suarez: ...as long as they're one block away. And I didn't think that
was the...
Ms. Gelabert: No.
Mayor Suarez: ...planning scheme that we have in mind for that area at all.
Mr. Rodriguez: No.
Ms. Gelabert: No. I'm sorry. It was not.
Commissioner Plummer: Well, what could the building be used for legitimately,
if this passes?
Mr. Rodriguez: For the record, so that we can establish a record, I would say
that all that is in the zoning ordinance in section... that deals with C-1 on
section 401, which includes financial institutions, clinics, studios, private
clubs, residences, restaurants, retail establishments, printing, incidental to
permitted principal uses, parking lot, dancing, retail establishments, and so
on, except as amended today. So, there are many other uses that would be
allowed. And the applicant could use it for office uses, for apartment
building. He's trying to build something that would be residential in nature.
At this point, you know, the problem is that he wants to, probably, keep the
same type of use that he had before, until he lost his HRS license.
Ms. Dougherty: No, we're saying that the only...
Mayor Suarez: All right. Counselor...
Vice Mayor Alonso: What she was talking... Excuse me.
Ms. Dougherty: The only legitimate use that we can have at this point... We
understand we lost our ACLF license. We understand we're not going to get it
back before this ordinance goes into effect. But we do have a lodging house
use, and we continue... we will continue to have that lodging house use
afterwards. But I'm telling you it's very shortsighted for the City of Miami
to say that we're not going to permit hotels, even a legitimate one, on
Biscayne Boulevard. There is a real problem, in terms of the use... You can
have a bar. You can have a restaurant. You can have a private club. You can
have a service station. You can have all these other uses, but you can't have
a hotel? That's unconstitutional on its face.
Mr. Rodriguez: Then let me try to find something, because the attorney
mentioned something on the record that I want to clarify, so there will be no
confusion later on if this goes to court. They will be allowed to have a
409 November 12, 1992
Mayor Suarez: And it would not be discretionary on us, if they met with every
requirement?
Mr. Rodriguez: If they meet all of the requirement, and they do this before
the effective date of the ordinance...
Mayor Suarez: Oh.
Vice Mayor Alonso: Have you looked at the possibility...
Ms. Dougherty: What I'm saying is we are using it as a lodging house today.
Today.
Mr. Rodriguez: If you were to...
Ms. Dougherty: It's a legal use and we're using it.
Mayor Suarez: Well, it sounds like you've got to do a lot more than that,
counselor.
Vice Mayor Alonso: Yes.
Mr. Rodriguez: It's a permitted use, but you cannot go today unless you have
on file a floor plan, site plans, with dimensions, to completely take care of
all the violations that you were cited for, at least in the plans that you
show, and you apply for a building permit. And, in addition to that, you do
all of this, pay your fees on time, before the effective date of this
ordinance.
Mayor Suarez: All right.
Ms. Dougherty: Let me just put something on the record for the Commission.
Vice 'Mayor Alonso: Have you looked at the possibility of a hotel with a
special exception? Did you look at that possibility, too?
Mr. Rodriguez: For the... To apply for a hotel with a special exception?
I... ' Since the application, that they mentioned before, was for a lodging
house, I didn't look into that. No.
Ms Gelabert: Today... If I could say something. Bars, saloons and taverns
are prohibited today on the SD-9.
Vice Mayor Alonso: I hope so.
Ms. Gelabert: They are. This is not with the proposed SD-9. This is
existing SD-9. There are two things happening here. There is an existing SD-
9, which is what PZ-5... I mean PZ-6. PZ-5 is the text amendment. What
we're doing are two things. One is extending the boundaries from... There's
a portion which falls where the property is between Little River, and I
believe it's 82nd...
410 November 12, 1992
Mayor Suarez: This is all very good and well...
Mr. Rodriguez: You don't want that.
Mayor Suarez: ...but why are you telling all of this, which is the non-
controversial part of this? We support everything that you're saying.
Ms. Gelabert: I understand, but what I'm... I'm just trying to...
Mayor Suarez: We only have one particular objection and that's right here in
the person of Mr. Seinfeld and his fine attorney. That's all.
Ms. Gelabert: I just want to...
Mayor Suarez: And I think that we have heard enough to decide.
Commissioner Plummer: Joel, isn't this what we turn down?
Mayor Suarez: Commissioners, Mr. City Attorney... I'm sorry. I don't mean
to interrupt your conversation here with my colleague, but you've heard the
constitutional arguments. Are we on sound footing?
Mr. Maxwell: Well, Mr. Mayor, as you know, every... any ordinance passed by
this Commission...
Mayor Suarez: ...has to have a rational basis.
Mr. Maxwell: ...bears a presumption of validity, unless determined or deemed
otherwise by a court of competent jurisdiction. So, if...
Mayor Suarez: Did she hire you? Did she hire you now?
Mr. Maxwell: Excuse me?
Mayor Suarez: Did she hire you when you... when she was City Attorney?
Mr. Maxwell: No, she didn't.
Mayor Suarez: All right.
Vice Mayor Alonso: Thank God.
Mayor Suarez: Good. So just say that she doesn't know anything. Come on.
Let's just get on with it.
Mr. Maxwell: No.
Mayor Suarez: Just kidding. Just kidding.
Mr. Maxwell: First of all, we...
Mayor Suarez: She's a fine attorney with a fine law firm.
411 November 12, 1992
o
h
Mr. Maxwell: We can't fight with...
Mayor Suarez: You hired the best.
Mr. Maxwell: 1 don't think it's proper to determine at this time that it
would be unconstitutional. If you pass it, based on rational... a rational
basis, and information coming from substantial evidence provided by the
Planning Department, there's a presumption that it's valid.
Mayor Suarez: All right. Commissioners...
Commissioner Plummer: All right. Let me understand. That, in fact, she, if
complies with the rules and regulations, can be grandfathered.
Mr. Rodriguez: If she complies with the rules and regulations, before the
effective date of the ordinance, with completed plans and fees in place, yes.
She will be able to apply...
Commissioner Plummer: Is that unreasonable to assume that that can be done?
Mr. Rodriguez: It's up to them.
Commissioner Plummer: I'm...
Mr. Rodriguez: Yeah. It's reasonable to assume...
Commissioner Plummer: Reasonable?
Mr. Rodriguez: Yes, it is.
Commissioner Plummer: It is reasonable to assume that that can be
completed...
Mayor Suarez: It's not something that is physically...
Mr. Rodriguez: No.
Mayor Suarez: ...metaphysically impossible? All right.
Mr. Rodriguez: Especially since they knew about this since the last meeting.
Mayor Suarez: Right.
Mr. Rodriguez: And the meeting before.
Commissioner Plummer: Excuse me.
Mr. Rodriguez: And the meeting before.
Commissioner Plummer: This is for second reading, which would become
effective 30 days from today.
Mr. Rodriguez: From today. Right.
412 November 12, 1992
Commissioner Plummer: Is it reasonable in most people's agenda, that that
which has to be complied with can be done within 30 days?
Mr. Rodriguez: Yes,
Commissioner Plummer: OK.
Mayor Suarez: All right.
Commissioner Plummer: And as such, they would be grandfathered in, unless
they vacate for a period of six months and a day, or 50 percent was destroyed.
Mayor Suarez: Demolished or otherwise.
Mr. Rodriguez: Right.
Commissioner Plummer: OK. Thank you.
Mayor Suarez: All right. I'll entertain a motion on the item as presented.
So moved, somebody?
Vice Mayor Alonso: Yes. I do.
Mayor Suarez: Thank you. Somebody second this? I'll entertain a second.
Commissioner Plummer: Second.
Mayor Suarez: Thank you. Read the ordinance. Call the roll.
AN ORDINANCE
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING: ARTICLE 6, SPECIAL DISTRICTS, SECTION 609
SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT TO
CLARIFY INTENT AND LIMIT AND PROHIBIT CERTAIN
PERMITTED PRINCIPAL AND ACCESSORY USES AND STRUCTURES,
CONDITIONAL PRINCIPAL AND ACCESSORY PERMITTED USES AND
PROPOSED SIGN LIMITATIONS; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of October 22, 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:
413 November 12, 1992
s
Aft
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11022.
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.
86. SECOND READING ORDINANCE: AMEND 11000, -- EXTEND BOUNDARIES OF SD-9
OVERLAY DISTRICT TO CHANGE ZONING ATLAS TO REFLECT EXTENSION OF THE
DISTRICT FROM APPROXIMATELY N.E. 36 STREET TO N.E. 60 STREET, AND FROM
LITTLE RIVER CANAL TO N.E. 82 STREET.
Mayor Suarez: PZ-6, companion item.
Mr. Sergio Rodriguez (Assistant City Manager): Right.
Vice Mayor Alonso: Move.
Mayor Suarez: I'll entertain a motion on it.
Vice Mayor Alonso: Yes. I so move.
Mayor Suarez: So moved.
Commissioner Dawkins: Second
Mayor Suarez: Read the ordinance, please. Call the roll.
414 November 12, 1992
AN ORDINANCE -
AN ORDINANCE, WITH ATTACHMENTS, AMENDING THE ZONING
ATLAS OF ORDINANCE NO. 11000, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY EXTENDING THE
BOUNDARIES OF SD-9, BISCAYNE BOULEVARD NORTH OVERLAY
DISTRICT FOR THE PROPERTIES FRONTING ON BISCAYNE
BOULEVARD FROM APPROXIMATELY NORTHEAST 36TH STREET TO
NORTHEAST 60TH STREET AND FROM THE LITTLE RIVER CANAL
TO NORTHEAST 82ND STREET (MORE PARTICULARLY DESCRIBED
IN ATTACHMENT "A", REFERENCED HEREIN AND MADE A PART
THEREOF); AND BY MAKING ALL THE NECESSARY CHANGES ON
PAGES NO. 9, 14 AND 15 OF SAID TONING ATLAS;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of October 22, 1992,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Alonso, 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 Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner, J.L. Plummer, Jr.
Commissioner Victor De Yurre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11023.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: Wait a minute. Wait, wait. There's no kissing allowed here,
until the item passes. All right? Go ahead. I'm sorry.
415 November 12, 1992
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n r.a.---------------------------- ------ .----- -------
r�..t..r
87. FIRST READING ORDINANCE: AMEND 10544 DELETE PLANNING, PROGRAMMING,
IMPLEMENTATION AND FUNDING FOR THE PROVISION OF SANITARY SEWERS TO
SOUTHERN PORTION OF THE COCONUT GROVE NEIGHBORHOOD.
Mayor Suarez: PZ-11 and 12, I understand, are very much needed by the Grove,
is what I have here. Is anyone here in opposition to PZ-11?
Vice Mayor Alonso: If not, I move.
Mayor Suarez: Let the record reflect no one stepped forward. Moved by the
Vice Mayor.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Do you need to put anything into the record, Joel? All right. Go ahead.
Call the roll.
Vice Mayor Alonso: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE WITH ATTACHMENTS, AMENDING ORDINANCE
10544, AS AMENDED, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000 STORM AND SANITARY SEWER
ELEMENT (9J-5.011(2) AND CAPITAL IMPROVEMENTS ELEMENT
(9J-5.016(3) BY DELETING PLANNING, PROGRAMMING,
IMPLEMENTATION AND FUNDING FOR THE PROVISION OF
SANITARY SEWERS IN THE SOUTHERN PORTION OF THE COCONUT
GROVE NEIGHBORHOOD, MORE SPECIFICALLY DESCRIBED AS AN
AREA, SOUTH OF A LINE COMMENCING AT LEJEUNE ROAD,
BOUNDED BY LOQUAT, KUMQUAT AND MARLER AVENUES
(EXTENDED), ROYAL ROAD AND ENDING AT BISCAYNE BAY;
MAKING FINDINGS; INSTRUCTING TRANSMITTAL OF A COPY OF
THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Vice Mayor Alonso and seconded by Commissioner Dawkins
and was passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
416
November 12, 1992
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.
--- - - -- r - - ----- -r - --r --- -- - --- r- --r r ----r--- -W
88. AMEND R 91-850, THE CAPITAL IMPROVEMENT PROGRAM -- DELETE PROJECTS
351174 (SOUTH GROVE SANITARY SEWERS) AND 351279 (GROVE BAY SANITARY
SEWERS) IN SOUTHERN PORTION OF COCONUT GROVE NEIGHBORHOOD.
Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor.
Mayor Suarez: Companion item. Item 12.
Vice Mayor Alonso: Yes. So move 12.
Mayor Suarez: Moved by...
Mr. Maxwell: Mr. Mayor?
Mayor Suarez: ...Vice Mayor.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Yes?
Mr. Maxwell: The item before you... This particular item needs to reflect
that it will be a resolution, not an ordinance. [AT THIS POINT, THE ASSISTANT
CITY ATTORNEY READ THE RESOLUTION INTO THE RECORD.] ...which information you
have for the most part, except that it shows an ordinance.
Mayor Suarez: OK. So, it's a resolution then.
Mr. Maxwell: What?
Vice Mayor Alonso: This is PZ-12. Why do you change... Do you change this
to an ordinance?
Mayor Suarez: No, from a...
Vice Mayor Alonso: To a resolution?
Mr. Joe McManus: PZ-12 is being changed from an ordinance to a resolution.
Mayor Suarez: To a resolution.
Mr. Maxwell: Yeah. We already...
Commissioner Plummer: Why did you jump to 12?
Mayor Suarez: Eleven and 12 were requested...
417 November 12, 1992
Commissioner Dawkins: We did 11.
Vice Mayor Alonso: Because we did 11.
Mayor Suarez: ...by the Grove people, and the other items in between...
Commissioner Plummer: What happened to 7, 8, 9, 10?
Vice Mayor Alonso: They...
3
Mayor Suarez: The other items in between are...
Vice Mayor Alonso: It was...
Mr. Maxwell: Yes.
Mayor Suarez: ...internal items that we're going to try to get to.
Mr. Maxwell: Yeah. As I said, Mr. Mayor...
Vice Mayor Alonso: No. In the last Commission meeting we didn't get to this
and we wanted to be sure that we did this time.
Mr. Maxwell: Yeah.
Mayor Suarez: Right.
Commissioner Plummer: So, we're on PZ-11?
Mr. Maxwell: Twelve?
Vice Mayor Alonso: Eleven and twelve. Twelve...
Mr. Maxwell: You already voted on 11.
Mayor Suarez: We voted on 11.
Vice Mayor Alonso: Yes.
Mayor Suarez: PZ-12 then is an... is a resolution.
Mr. Maxwell: It's a resolution.
Mayor Suarez: And that takes care of it.
Vice Mayor Alonso: So moved.
Mayor Suarez: So moved.
Commissioner Plummer: OK. Let me ask this question. The motion is to do
what? To delete the funding?
Mr. McManus: Delete any...
418 November 12, 1992
3 Kyy
Commissioner Dawkins: This a resolution.
Mr. McManus: ...plans or programs or funding, for the provision of sanitary
sewers in South Grove.
Commissioner Plummer: All right. South Grove then, I'm assuming, when they
made this decision, they understood that they're still going to be taxed for
it.
Mr. McManus: Do you want to hear from the village council?
Commissioner Plummer: Well, you know... I mean, let's get it on the record
where it is. I mean...
Mr. Jim Kay: They would still be paying off the bond.
Commissioner Plummer: Yeah.
Mr. Kay: The bond...
Commissioner Plummer: They're still going to be paying for it. OK. Now,
they also... You see, did you do a study? Who did the study of the request
to deny it?
Mr. McManus: Public Works.
Commissioner Plummer: OK. And they fully understand that if a moratorium
comes down, that it's probably going to come in an area that is not sewered at
all, and especially now, with the new flood criteria. See, I think that
they're making a big mistake, personally. Now, I don't live there. So, I
can't speak for them. But as I drove down through South Grove, and I saw what
that flooding water did, knowing fully well that all of those people down
there were on septic tanks, I thanked God I didn't live in South Grove. Now,
you know, I just hope that when Public Works went down there, that they made
it quite clear, that if a moratorium is in effect, or goes into effect, that
they're probably going to be the first affected.
Mr. Sergio Rodriguez (Assistant City Manager): If you look in the record, on
PZ-11, they say that in July '91 the Department of Public Works conducted a
survey and approximately 85 percent of those residents who responded expressed
opposition to sewer construction specifically.
Commissioner Plummer: And from what I heard, give or take, whether it is true
or not, that that was more expressed as a matter of control of building,
rather than anything else. OK? Now, as tong as I have some comfort in
feeling that the people realize the consequences of not having sanitary
sewers, then I have no problem with voting for it. But I think that, you
know... You drove down there. There were tide lines up at window levels from
the storm surge. And when you have that and you have sanitary sewers... I'm
sorry, you have septic tanks, you are encouraging, in my estimation, a very
dangerous scenario. So, all I'm saying is...
Mayor Suarez: I'm sure you can make the argument exactly the opposite, as
sanitary sewers. But, anyhow...
419 November 12, 1992
Commissioner Dawkins: This a resolution.
Mr. McManus: ...plans or programs or funding, for the provision of sanitary
sewers in South Grove.
Commissioner Plummer: All right. South Grove then, I'm assuming, when they
made this decision, they understood that they're still going to be taxed for
it.
Mr. McManus: Do you want to hear from the village council?
Commissioner Plummer: Well, you know... I mean, let's get it on the record
where it is. I mean...
Mr. Jim Kay: They would still be paying off the bond.
Commissioner Plummer: Yeah.
Mr. Kay: The bond...
Commissioner Plummer: They're still going to be paying for it. OK. Now,
they also... You see, did you do a study? Who did the study of the request
to deny it?
Mr. McManus: Public Works.
Commissioner Plummer: OK. And they fully understand that if a moratorium
comes down, that it's probably going to come in an area that is not sewered at
all, and especially now, with the new flood criteria. See, I think that
they're making a big mistake, personally. Now, I don't live there. So, I
can't speak for them. But as I drove down through South Grove, and I saw what
that flooding water did, knowing fully well that all of those people down
there were on septic tanks, I thanked God I didn't live in South Grove. Now,
you know, I just hope that when Public Works went down there, that they made
it quite clear, that if a moratorium is in effect, or goes into effect, that
they're probably going to be the first affected.
Mr. Sergio Rodriguez (Assistant City Manager): If you look in the record, on
PZ-11, they say that in July '91 the Department of Public Works conducted a
survey and approximately 85 percent of those residents who responded expressed
opposition to sewer construction specifically.
Commissioner Plummer: And from what I heard, give or take, whether it is true
or not, that that was more expressed as a matter of control of building,
rather than anything else. OK? Now, as tong as I have some comfort in
feeling that the people realize the consequences of not having sanitary
sewers, then I have no problem with voting for it. But I think that, you
know... You drove down there. There were tide lines up at window levels from
the storm surge. And when you have that and you have sanitary sewers... I'm
sorry, you have septic tanks, you are encouraging, in my estimation, a very
dangerous scenario. So, all I'm saying is...
Mayor Suarez: I'm sure you can make the argument exactly the opposite, as
sanitary sewers. But, anyhow...
419 November 12, 1992
Commissioner Plummer: OK. All I'm saying is that I'm going with the comfort
of voting for this, that you made all aspects of this clear, of what they were
doing, and what the potential conflicts would be, by voting for this. -
Mr. Rodriguez: And as I mentioned to you on the record, there was a survey
done. Eighty-five percent knew, and the Civic and the Village Council also
voted on this, taking that into account.
Commissioner Plummer: I didn't ask you, sir, for a survey. I asked you that
the people were made aware of the consequences, that what could happen by not
having sanitary sewers.
Vice Mayor Alonso: I attended the meeting in 1990...
Commissioner Plummer: And if they knew that and they...
Vice Mayor Alonso: ...and one gentleman, that was in favor of sewers, stood
up and I think he was very well informed. I think you remember that meeting
and he went on and explained all of the pros and cons of the position. And I
think the neighbors understood quite well, it was my feeling. And as a result
of that meeting, with the people of Coconut Grove, we agreed that there was
going to be taken sort of a ballot, and it was... the survey that was taken,
and it was an overwhelming support. And it was very clear... Dr. Prieto was
present at that meeting. He does live in Coconut Grove, is my understanding
as well. And he explained, when the gentleman came up with the fears of this
possibility, and it was clear understanding.
Commissioner Plummer: OK.
Vice Mayor Alonso: At least to me, I thought they understood quite well.
Commissioner Plummer: As long as the people knew what they were voting on,
the full consequences of what could be, then I have no problem. God bless
them.
Commissioner Dawkins: So, what are you talking about then? Move the item.
Commissioner Plummer: Fine with me. I'll move it.
Vice Mayor Alonso: I did.
Mayor Suarez: All right. On the item PZ-12, call the roll.
Vice Mayor Alonso: Yeah.
420 November 12, 1992
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-760
A RESOLUTION AMENDING RESOLUTION NO. 91-850, THE
CAPITAL IMPROVEMENT PROGRAM 1991-1997, BY DELETING
PROJECT 351174, SOUTH GROVE SANITARY SEWERS, AND
PROJECT 351279 GROVE BAY SANITARY SEWERS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
89. (continued discussion) PROPOSED ORDINANCE RELATED TO HURRICANE RELIEF,
SEEKING TO EXTEND THE EFFECTIVE DATE FOR ALL VARIANCES, SPECIAL
EXCEPTIONS, SPECIAL PERMITS, AND OTHER LAND -USE APPROVALS WHEN SAID
APPROVALS' EXPIRATION DATES FALL WITHIN DESIGNATED DATES. (See labels
16 and 95)
Commissioner Dawkins: Can I move this emergency ordinance...
Mayor Suarez: Yes.
Commissioner Dawkins: ...that I brought up this morning? I think
Commissioner Plummer can vote for it as long as the $150,000 has to come up.
Is that correct?
Commissioner Plummer: The hundred...
Mayor Suarez: That's the one that would extend all of the timetables.
Commissioner Dawkins: Yes. As long as Mr. Shih had to come up with $100,000.
Is that correct?
Vice Mayor Alonso: Yeah.
Mayor Suarez: Two hundred fifty...
421 November 12, 1992
Commissioner Dawkins; Two hundred fifty.
Vice Mayor Alonso: Two fifty. Yeah.
Mr. Joel Maxwell (Assistant City Attorney): Yes. The...
Commissioner Plummer: Well...
Vice Mayor Alonso: Has he moved?
Commissioner Plummer: What I'm understanding... But we were supposed to get
back a list of what projects this would affect.
Mayor Suarez: Just so we have some idea of the ones affected. All right.
Commissioner Plummer: I mean, they've had 12 hours to do it.
Mayor Suarez: Let's get that, and in the meantime, let's...
90. STATUS REPORT ON S.W. 22 TERRACE FROM S.W. 27 TO 37 AVENUES -- CONTINUE
TO THE MEETING OF DECEMBER 10, 1992.
Vice Mayor Alonso: OK. In the meantime, if they're going to look for the...
Can I...
Commissioner Dawkins: No. Go ahead on with PZ-12.
Vice Mayor Alonso: ...ask that PZ-15 be continued?
Commissioner Dawkins: Yes ma'am. Go right ahead, Madam.
Mayor Suarez: Which one?
Commissioner Plummer: Thirteen and fourteen.
Vice Mayor Alonso: PZ-15.
Mayor Suarez: Continued. OK?
Commissioner Plummer: Fifteen?
Vice Mayor Alonso: Yes, please.
Mayor Suarez: Both sides are in agreement? PZ-15?
Commissioner Plummer: No, no. Why are we deferring that?
Vice Mayor Alonso: I'd like to have more information.
422 November 12, 1992
x
Commissioner Plummer: Then I'll go along with it, but I'm going to tell you
something. Department, your lousy Code Enforcement is not doing their job.
Mr. Sergio Rodriguez (Assistant City Manager): OK. I'll buy you lunch and
I'll take you to see Code Enforcement.
Commissioner Plummer: Well, I don't want you to do... I want you to go back
on that street and look and see what's happening.
Mayor Suarez: All right. PZ...
Commissioner Plummer: OK?
Mayor Suarez: ...fifteen.
Commissioner Plummer: And we will...
Vice Mayor Alonso: Yes.
Mr. Rodriguez: December...
Mayor Suarez: Tenth.
Mr. Rodriguez: ...twenty...
Vice Mayor Alonso: January. No?
Mr. Rodriguez: Excuse me. The tenth.
This will be scheduled in December.
Mayor Suarez: December loth. So moved...
Commissioner Plummer: OK.
Mayor Suarez: ...by Commissioner Plummer. Seconded by the Vice Mayor. Call
the roll.
Commissioner Plummer: No, no. I'm not moving it.
Vice Mayor Alonso: I did.
Mayor Suarez: All right. I'll second. Call the roll, please.
Commissioner Plummer: I'll go along with it.
THEREUPON MOTION DULY MADE BY VICE MAYOR ALONSO AND
SECONDED BY MAYOR SUAREZ, ITEM PZ-15 WAS CONTINUED
UNTIL THE DECEMBER 10TH MEETING BY THE FOLLOWING VOTE:
423 November 12, 1992
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
91. RECOGNIZE FLOOD HAZARDS WITHIN CITY -- PROVIDE FOR PARTICIPATION IN
NATIONAL FLOOD INSURANCE PROGRAM -- EXPRESS INTENT TO ADOPT AND ENFORCE
FLOOD DAMAGE PREVENTION REGULATIONS, ETC.
Mayor Suarez: I understand that PZ-13 and 14 are absolutely needed.
Vice Mayor Alonso: Yes.
Mayor Suarez: Must be heard. PZ-13, who is here on that? Is that our own
item?
Mr. Sergio Rodriguez (Assistant City Manager): PZ-13, as you know, we have...
the County has been found incapable of managing flood insurance, and because
of that reason, we had to have passed first reading today, and second reading
in December, the proposed flood plain management ordinance. Today you have a
first reading. I suggest that we pass this today and if you have any problems
between now and second reading, that we spend some time with you. But I think
it's important that we get it through, otherwise a lot of people in the City
are going to be without insurance.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: We can talk about it on second.
Vice Mayor Alonso: Yes.
Mayor Suarez: Do you have objections to that, sir? Come up to the mike,
because that's what I was asking my assistant to ask you, because I didn't
want you to be not heard tonight. Please come up to the mike so we know.
Mr. P. Wayne Leviker: I'm not really... I'm not a resident of the City of
Miami.
Mayor Suarez: That's OK. But you can be heard. All right. Madam City
Clerk, would you swear the gentleman in? There is no one else that wishes to
be heard on this item? Is that correct? All right. Be sworn in, sir,
please. Just be sworn in. We just have a procedure that requires that.
424 November 12, 1992
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: OK, sir. What is your name and what is your concern about this
item? It doesn't matter where you live.
Mr. Leviker: My name is Wayne Leviker and I'm concerned as to what kind of a
precedent, this might set, because we're talking...
Mayor Suarez: Where do you live, just so we know?
Mr. Leviker: South Dade. We got really...
Mayor Suarez: OK. Give us an address so we have it for our records, please.
We need that.
Mr. Leviker: We got really damaged severely, because of the hurricane.
Mayor Suarez: OK. I understand that, but we need an address so that we have
it in the City record. It could be a business address if you want, or a home
address.
Mr. Leviker: P.O. Box 971263, Miami, Florida.
Mayor Suarez: OK.
Mr. Leviker: And many of the people are really suffering down there...
Mayor Suarez: Any chance you could give us... The City Attorney's...
Ms. Matty Hirai (City Clerk): A street address.
Mayor Suarez: ...telling me to try to get an address from you, an actual
address. Can we get an address from you that you could have...
Ms. Hirai: We will get it from you.
Mr. Leviker: Yeah. I just gave it to her.
Mayor Suarez: No, not a P.O. box, he says. He is very technical.
Commissioner Plummer: His house was blown away. That's all he's got.
Mr. Leviker: Yeah.
Mayor Suarez: All right. That's all you got.
Mr. Leviker: I'm not here... This is an impromptu thing, I'm just... You
know, I'm not...
Mayor Suarez: That's all right. But we're interested in whatever you have
to...
Mr. Leviker: I don't have any idea of what I'm doing.
425 November 12, 1992
• a�
Commissioner Plummer: It's the 13th mailbox behind the oak tree under the
mango to the left.
Mr. Leviker: Yeah.
Mayor Suarez: That's fair enough.
Mr. Leviker: Thank you, Mr. Plummer. Right on. Anyway, I'm just wondering
what kind of a precedence this will set for the rest of the County, because
we've got a lot of people who are down there, involved with the 50 percent
rule, and they don't know whether to level their houses or to raise their
houses. We're talking about hydraulic beams of raising their houses.
According to this FEMA (Federal Emergency Management Agency) rule with flood
plain, and a lot of them are in dire needs, as opposed to insurance, because
they didn't get enough money out of their insurance to do this.
Commissioner Plummer: But this is for new construction, right?
Mr. Leviker: And I don't know what they're going to do.
Mr. Rodriguez: No, this applies to new construction and to existing... to
remodelling of any existing construction.
Mr. Leviker: Well, right.
Mr. Rodriguez: And this is exactly what the County had and the problem is
that the County has been found incapable of doing their work by the federal
government and if they don't do...
Commissioner Plummer: As all other things.
Mr. Rodriguez: And if they don't do it, we will not participate in the
program. We have made... We have prepared an ordinance before you, that
basically has taken the language from the County, and we have made some
adjustments to deal with appeals and so on.
Commissioner Plummer: OK. Here's...
Mr. Rodriguez: But it's the same requirements as to elevations and so on that
were there before.
Commissioner Plummer: I can understand it for new construction. OK? And let
me tell you something, the point that he's raising, one of our City employees,
the director, has the same problem.
Mr. Leviker: Thank you.
Commissioner Plummer: He is getting his money for the destruction of his
house from his insurance company. They are not paying him for raising...
Mr. Leviker: Right on.
426 November 12, 1992
pt
Commissioner Plummer: ...the house up 12 feet, if he wants to rebuild. Now,
what in the hell does he do?
Mr. Leviker: Thank you.
Mr. Rodriguez: OK.
Commissioner Plummer: No, no. The point I'm simply saying is, he doesn't
have the money. Now...
Mr, Hector Lima: Hector Lima with Building and Zoning.
Commissioner Plummer: Excuse me?
Mr. Lima: Hector Lima with Building and Zoning. Sir, the Code is specific as
to that. And any mistakes that were made previously by other authorities, we
do not control. And that...
Mr. Leviker: What about variances that were passed...
Commissioner Plummer: No, no. Excuse me.
Mr. Leviker: ...prior to...
Commissioner Plummer: We never had this 12 foot elevation before.
Mr. Leviker: Right.
Mr. Lima: Yes, we did.
Mr. Rodriguez: Yes, we did.
Commissioner Plummer: Before when?
Mr. Lima: It was 1974.
Commissioner Plummer: OK. Prior to that, there was no requirement and many
of the houses blown away were prior to 174.
Mayor Suarez: By doing this change now, we avoid... I don't know why you're
saying we're setting a precedent.
Mr. Leviker: Sir...
Mayor Suarez: We're doing the opposite. We're avoiding what happened in the
County. Thank God, too many of our structures didn't blow away, don't have
more than 50 percent damage. I think there is only one in the City, that I am
aware of, down in the Grove, that really had more than 50 percent of the
entire structure blown away.
Commissioner Plummer: And like I say, Mayor, I...
Mayor Suarez: So, that's the only one that would be affected by the flood
criteria. That's why what we're doing makes sense.
427 November 12, 1992
A
Mr. Lima: I think you also...
Mayor Suarez: But I understand your argument, too.
Mr. Leviker: But variances were granted.
Commissioner Plummer: No, wait a minute. Wait a minute. No, that's not what
I am really understanding. If people down there, that are presently on South
Grove... one of the streets, Battersea, Stewart, or any one of those
streets... if they want flood insurance tomorrow, are you telling me they've
got to raise their houses up 12 feet?
Mr. Rodriguez: No. If the house were to be destroyed...
Commissioner Plummer: For new construction and you said no. That's what I
asked.
Mr. Rodriguez: ...for new... Wait, wait. Or, also, if they were to add and
remodel to any property, and that would apply... they would try to build
something under the flood elevation... and it is less... it is more than 50
percent of the property existing there now, they would have to comply.
Mayor Suarez: Of the assessed value...
Mr. Rodriguez: If it is less... the assessed value of the property...
Mayor Suarez: ...which is deemed by the federal government to be...
Mr. Rodriguez: And there's a list of things they...
Mayor Suarez: ...one hundred and twenty percent of what we have in the tax
rolls. So, it's 60 percent of the tax rolls.
Commissioner Plummer: Fine. Let's pass it. It's late. And you give us more
information between now and...
Mayor Suarez: It should not set a precedent for anyone else. It happens that
the City of Miami, who didn't have anyone that had...
Mr. Lima: No, but there's...
Vice Mayor Alonso: This is a resolution.
Mayor Suarez: ...sustained more than 50 percent damage.
Mr. Leviker: At this...
Mayor Suarez: So, we think that we ought to get this in...
Commissioner Plummer: No. It's a resolution and an ordinance.
Mayor Suarez: Yes.
428 November 12, 1992
Vice Mayor Alonso: A resolution. Yeah. But this is...
Commissioner Plummer: It's 13 and 14.
Mayor Suarez: Ma'am, we need now for you to come up to the mike, unless he
can speak for you, because he was sworn in. You have not been. So, our rules
are our rules. There kind of...
Mr. Leviker: Are you going to study this a little further...
Mayor Suarez: Yes.
Vice Mayor Alonso: Yes.
Mr. Leviker: ...before you make a final decision?
Commissioner Dawkins: Oh, yes.
Vice Mayor Alonso: Yes.
Mayor Suarez: Yes. Well, we have a second reading. This is only first
reading.
Mr. Leviker: OK.
Commissioner Plummer: No. We'll take it up again in January or December.
Mayor Suarez: And you might want to meet... schedule an appointment to meet
with our planning people, to see how it might affect you. Ma'am, can I have
your name in the record and see if you're really affected by this?
Ms. Carol Hunter: Yes.
Mayor Suarez: Name and address.
Ms. Hunter: My name is Carol Hunter. My address is 16611 S.W. 77th Court.
Mayor Suarez: See, that's way outside our jurisdiction. How are you...
Ms. Hunter: No. It may be outside your jurisdiction, but what brought me
here, sir, with respect, was that I noticed in the paper the announcement for
the passing of the ordinance. And the ordinance, as advertised in the paper,
or worded in the paper, reads as it affects "neighboring communities." I was
concerned as to what the definition of this "neighboring community" might be.
Mayor Suarez: Oh, let's get that clarified.
Commissioner Plummer: How far do neighbors go?
Mayor Suarez: Believe me, it doesn't... It doesn't go that far.
Vice Mayor Alonso: Oh, how the neighbors go.
Ms. Hunter: I'd like to know for certain and I'd like to see it in writing.
429 November 12, 1992
Mayor Suarez: Yes. Let's get that clarified. Whatever that means, it
doesn't extend beyond the City limits does it?
Vice Mayor Alonso: Of course not.
Ms. Julie Bru: No, but it affects neighboring communities, because if there's
a flood in the City of Miami, it could run off into the City limits of a
neighboring community, obviously.
Ms. Hunter: Well, I suggest the wording is unclear.
Mr. Rodriguez: Yeah, because... Let me tell you why. Because in the
language it says that we have to cooperate and assist neighboring communities.
That's all. That's the language that you see.
Mayor Suarez: Yeah. It doesn't affect...
Vice Mayor Alonso: I see. But it does not affect...
Ms. Hunter: Well...
Mayor Suarez: ...and anyway you're right to do whatever you want, outside of
the City of Miami. It's only our jurisdiction.
Ms. Hunter: Well, I respectfully... All right. I respectfully...
Commissioner Plummer: What do you mean we have to assist? What is the
definition of "assist neighboring communities"? In what way?
Vice Mayor Alonso: I have to pass this. Please.
Mr. Rodriguez: It says over here, specifically, that we have to cooperate
with the federal, state and local agencies and neighboring communities, in
order to carry out the objectives of the Flood Insurance Program. Obviously,
when you have a flood, it doesn't stop in one line, just because you have a
geographic...
Commissioner Plummer: What do you mean by "assist neighboring communities"?
Mayor Suarez: Why... How would the flood be in any way affected by whether
other houses did or did not comply as to the neighboring communities? It
doesn't...
Commissioner Plummer: No, no. What I want to know is...
Mayor Suarez: No, I mean...
Mr. Rodriguez: It's part of the language that we have to include in the
ordinance.
Commissioner Plummer: Is assistance saying, "Hey! Good-bye!" as you flood
down the street? Or do we have to send $1,000,000 to help them recover?
430 November 12, 1992
Mr. Rodriguez: No, that's not it.
Mayor Suarez: it means that we cooperate with them to have...
Commissioner Plummer: Well, tell me what "assist neighboring community"
meansl
Mayor Suarez: ...cooperate with them to try to have a uniform code, and when
we have...
Mr. Rodriguez: Right.
Mayor Suarez: ...an adjacent community, have everybody go by the same rules,
is what it...
Mr. Rodriguez: That's what it is.
Commissioner Plummer: I pay him big money to tell me that.
Mr. Rodriguez: Very...
Mayor Suarez: It does not in any way apply to your area.
Mr. Rodriguez: It doesn't apply there.
Commissioner Plummer: Why can't you tell me that?
Mr. Rodriguez: I tried to.
Commissioner Plummer: Go break your other heel.
Ms. Hunter: I would like to know if the word assist, in any way, implies any
kind of cooperation or correlation between the departments of Building and
Zoning, as they exist throughout the County now.
Mayor Suarez: No. Only in the sense that, you know, they may or may not want
to copy us. If they're smart, they would always copy us, but that doesn't
usually happen.
Commissioner Plummer: We're trying to eliminate them anyhow. So, don't worry
about it.
Mayor Suarez: No, no. The conditions down there affect a lot of people in a
totally different way from what took place north of, pretty much, Kendall.
Ms. Hunter: Well, we understand that, but as a group of neighbors, we were
concerned and we wanted It to be on the record that we did not want this to
set a precedent that thereby would be adopted automatically by the...
Mayor Suarez: I understand.
Ms. Hunter: ...by the County...
Mayor Suarez: I.know your problem because...
431 November 12, 1992
Ms. Hunter: No, no.
Mayor Suarez: ...of a commercial structure in that area.
Ms. Hunter: We...
Mayor Suarez: It's a hospital that had the same problem. Deering Hospital.
Ms. Hunter: Yes, but... For the record, if I may be allowed to finish, we
wanted it to show that we were concerned that it might set a precedent, that
might be adopted by the Board of County Commissioners, you know, in sympathy
with the City of Miami's adopting this ordinance. And inasmuch, also...
Mr. Rodriguez: They have it.
Ms. Hunter: ...I would very much appreciate, at the next meeting, if you
discuss this ordinance, that a copy be made available for the public for
general reading.
Mayor Suarez: Yes, in fact...
Ms. Hunter: I know you can buy it before hand.
Mayor Suarez: In fact, we are definitely going to consider it at the next
meeting, because that's the second reading. So, we want to make sure you get
a copy. Yes. But we need...
Ms. Hunter: Because I was told that it would be here tonight and it was not.
Mayor Suarez: All right.
Ms. Hunter: So...
Mayor Suarez: And we do want... Why don't you secure a copy, before you
leave here, because afterwards, since we only have a R.O. Box from him, and I
don't know that we go your address, it's easier to take it from here. We're
not going to change it probably.
Vice Mayor Alonso: Also, I think she should be informed that this is in
effect...
Mr. Rodriguez: It's in effect.
Vice Mayor Alonso: ...in Dade County at the present time.
Mr. Lima: Sure.
Commissioner Plummer: Madam Clerk, what time is it?
Vice Mayor Alonso: It is already in effect.
Ms. Hunter: Thank you.
432 November 12, 1992
Vice Mayor Alonso: Nine o'clock.
Mayor Suarez: OK. We have a motion and a second...
Vice Mayor Alonso: Please. Yes.
Mayor Suarez: ...on PZ-13. Read the ordinance, please.
Ms. Matty Hirai (City Clerk): PZ-13, I show it as a resolution, Mr. Mayor.
Commissioner Plummer: What about...
Vice Mayor Alonso: It's a resolution.
Mr. Rodriguez: Thirteen is a resolution.
Commissioner Plummer: You've got to do 12 first.
Vice Mayor Alonso: Fourteen.
Commissioner Plummer: Thirteen first.
Mr. Joel Maxwell (Assistant City Attorney): Thirteen is a reso.
Mayor Suarez: OK.
Vice Mayor Alonso: Yeah. So...
Ms. Hirai: Yes. Thirteen is a reso.
Mayor Suarez: Call the roll then on 13, if we have a motion and a second. Do
we?
Vice Mayor Alonso: Yeah I moved.
Mayor Suarez: OK. Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Call the roll.
433 November 12, 1992
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-761
A RESOLUTION RECOGNIZING CERTAIN FLOOD HAZARDS WITHIN
THE CITY OF MIAMI, FLORIDA; PROVIDING FOR
PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM
(NFIP); EXPRESSING INTENT TO ADOPT AND ENFORCE FLOOD
DAMAGE PREVENTION REGULATIONS CONSISTENT WITH CRITERIA
SET FORTH IN PART 60 OF THE NATIONAL FLOOD INSURANCE
PROGRAM FEDERAL REGULATIONS (CFR44) AND ANY OTHER
OFFICIAL ACTIONS AS MAY BE NECESSARY; VESTING THE
PLANNING, BUILDING AND ZONING DEPARTMENT WITH THE
RESPONSIBILITY AND AUTHORITY TO COOPERATE AND ASSIST
WITH FEDERAL, STATE, AND LOCAL AGENCIES AND
NEIGHBORING COMMUNITIES IN ORDER TO CARRY OUT THE
OBJECTIVES OF THE NFIP.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
92. FIRST READING ORDINANCE: RELATING TO FLOOD DAMAGE PREVENTION -- ADD NEW
CODE CHAPTER "FLOOD DAMAGE PREVENTION," ETC.
Mayor Suarez: PZ-14, companion item.
Commissioner Dawkins: Second.
Mr. Joel Maxwell (Assistant City Attorney): Do you want me to read it?
Commissioner Plummer: It's an ordinance.
Mayor Suarez: Moved.
Vice Mayor Alonso: Yes.
Mayor Suarez: Second. Read the ordinance, please.
434 November 12, 1992
Commissioner Dawkins: Don't go until you say yes or no.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE RELATING TO FLOOD DAMAGE PREVENTION,
AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, BY
ADDING A NEW CHAPTER, ENTITLED "FLOOD DAMAGE
PREVENTION"; PROVIDING FOR: DEFINITIONS; INTENT AND
PURPOSE; REQUIREMENTS FOR DEVELOPMENT IN SPECIAL FLOOD
HAZARD AREAS, AND NON SPECIAL FLOOD HAZARD AREAS;
PROVIDING FOR ADMINISTRATION, ENFORCEMENT, VARIANCES,
PENALTIES, APPEALS, AND DISCLAIMER OF LIABILITY;
PROVIDING THAT SHOULD THIS ORDINANCE BE INCONSISTENT
OR IN CONFLICT WITH ANOTHER, THE ORDINANCE IMPOSING
GREATER RESTRICTIONS SHALL PREVAIL; ADOPTING, BY
REFERENCE, THE FLOOD INSURANCE STUDY, THE FLOOD
INSURANCE RATE MAP, AND THE DADE COUNTY FLOOD CRITERIA
MAPS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
Was introduced by Vice Mayor Alonso and seconded by Commissioner Dawkins
and was passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
----------------------------------------------------------
[NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY
TABLES CONSIDERATION OF PLANNING AND ZONING ITEMS TO
CONSIDER ITEMS FROM REGULAR PORTION OF THE AGENDA.]
----------------------------------------------------------
435 November 12, 1992
-------i ---------------------------Goa------------------------i.iii
93. GRANT REQUEST BY VIVA AMERICA MEDIA GROUP AND RADIO MAMBI FOR CLOSURE OF
DESIGNATED STREETS CONCERNING A THANKSGIVING FOOD DISTRIBUTION PROJECT.
----------- ------------------------------------------------------------------
Commissioner Dawkins: Move...
Vice Mayor Alonso: And if I...
Commissioner Dawkins: Read the amended ordinance you've got over there,
please, Mr. City Attorney.
Vice Mayor Alonso: In the meantime, can I pass this? It's Radio Mambi needs
a street closure for November...
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Vice Mayor Alonso: ...twenty-second and it's the south part of Coral Way,
between 29th and 31st Avenues.
Mayor Suarez: Call the roll, please, on that. Moved and seconded by the Vice
Mayor.
Vice Mayor Alonso: Moved and seconded.
Mayor Suarez: And I need one closure. It's the only one I've asked for.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-762
A RESOLUTION RELATED TO A THANKSGIVING FOOD
DISTRIBUTION PROJECT TO BE CONDUCTED BY VIVA AMERICA
MEDIA GROUP AND RADIO MAMBI ON SUNDAY, NOVEMBER 22
1992; AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO
THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF
PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE
AND INSPECTION SERVICES; CONDITIONED UPON THE
ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY
SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID
EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN
THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
436 November 12, 1992
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. plumper, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
----------------------------------------------------------------- ------------
94. GRANT REQUEST BY CAMILLUS HOUSE FOR CLOSURE OF DESIGNATED STREETS ON
NOVEMBER 22, 1992 CONCERNING A MURAL DEDICATION CEREMONY.
------------------------------------------------------------------------------
Mayor Suarez: Camillus House needs one from 12:30 to 2:30 p.m., on November
22nd, Sunday, for...
Vice Mayor Alonso: So moved.
Mayor Suarez: ...the area that's specified here.
Commissioner Plummer: ...or on Eighth Street?
Mayor Suarez: It's on Seventh Street between N.E. 1st Avenue and Miami
Avenue.
Commissioner Dawkins: Second. Second the motion.
Mayor Suarez: OK. Thank you. Call the roll on that, please.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-763
A RESOLUTION RELATED TO A MURAL DEDICATION CEREMONY TO
BE CONDUCTED BY CAMILLUS HOUSE ON SUNDAY, NOVEMBER 22,
1992; AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO
THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF
PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE
AND INSPECTION SERVICES; CONDITIONED UPON THE
ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY
SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID
EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN
THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
437 November 12, 1992
A
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
---------------------------------------------------------
[NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES
C N�IDERATION OF REGULAR AGENDA ITEMS TO CONSIDER ITEMS
FROM THE PLANNING AND ZONING PORTION OF THE AGENDA.]
----------------------------------------------------------
95. (continued discussion) EMERGENCY ORDINANCE: RELATING TO HURRICANE
RELIEF; AMEND 10995 - EXTEND FOR ADDITIONAL 90 DAYS THE EFFECTIVE DATES
FOR ALL VARIANCES, SPECIAL EXCEPTIONS, SPECIAL PERMITS, AND OTHER LAND -
USE APPROVALS WHEN SAID APPROVALS HAVE EXPIRATION DATES FALLING WITHIN
CERTAIN DESIGNATED DATES. (See labels 16 and 89)
------------------------------------------------------------------------------
Commissioner Dawkins: Go ahead. Read the ordinance. Read the ordinance.
[AT THIS POINT, ASSISTANT CITY ATTORNEY READ THE ORDINANCE INTO THE RECORD.]
Commissioner Dawkins: No, 90.
Mayor Suarez: Call the roll, please.
Commissioner Plummer: Ninety days.
Commissioner Dawkins: Call the roll and this does not...
preclude the $250,000 bond being posted.
Commissioner Plummer: ...for Chinatown.
Commissioner Dawkins: Yes. OK. All right.
Mr. Joel Maxwell (Assistant City Attorney): Wait, there's...
Commissioner Dawkins: Call the roll.
Mr. Maxwell: Clarification.
Commissioner Plummer: Clarify.
Mr. Maxwell: You're saying that this does not preclude?
This does not
438 November 12, 1992
Mayor Suarez: It does not lift the requirement.
Mr. Maxwell: No, you're saying it does not exclude.
Mayor Suarez: Right.
Mr. Maxwell: Yeah. What happened was there were a couple of requirements
before. He had to pull a building permit by a certain day. You're extending
that by this.
Mayor Suarez: Yes. Everything except that he's got to post the bond.
Mr. Maxwell: He had to... Everything except the bond. Correct.
Commissioner Dawkins: Everything, but he's got to come up with the money.
Mayor Suarez: Right.
Commissioner Dawkins: He's got to come up with the money.
Mayor Suarez: Did we call the roll on that?
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE RELATING TO HURRICANE RELIEF;
AMENDING SECTION 2 OF ORDINANCE NO. 10995, ADOPTED
SEPTEMBER 10, 1992, BY EXTENDING, FOR AN ADDITIONAL
NINETY (90) DAY PERIOD, THE EFFECTIVE DATES FOR ALL
VARIANCES, SPECIAL EXCEPTIONS, SPECIAL PERMITS, AND
OTHER LAND -USE APPROVALS, AND THE LIKE, GRANTED BY THE
CITY OF MIAMI PURSUANT TO ITS ZONING ORDINANCES AND
SPECIFIC CHAPTERS OF THE CITY CODE, WHEN SUCH
APPROVALS HAVE EXPIRATION DATES WHICH WERE PREVIOUSLY
SCHEDULED TO OCCUR FROM AUGUST 24, 1992, TO NOVEMBER
22, 1992, RESULTING IN A CUMULATIVE EXTENSION OF ONE
HUNDRED AND EIGHTY (180) DAYS; PROVIDING FOR
EXCEPTIONS; CONTAINING A MODIFIER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Was introduced by Commissioner Dawkins and seconded by Vice Mayor
Alonso, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
439 November 12, 1992
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
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Vice Mayor Alonso, adopted said ordinance 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
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11024.
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.
-------------------------------------- ----------------------------------------
96. CONTINUE ALL PLANNING AND ZONING ITEMS NOT TAKEN UP IN TODAY'S AGENDA TO
THE DECEMBER 10, 1992 MEETING.
Mayor Suarez: I'll entertain a motion to continue all the other items for...
Vice Mayor Alonso: So moved.
Mayor Suarez: ...the meeting of December loth.
Commissioner Dawkins: Second.
Mayor Suarez: So moved. Seconded. Call the roll.
The following motion was introduced by Vice Mayor Alonso, who moved its
adoption:
MOTION NO. 92-764
A MOTION TO CONTINUE ALL PLANNING AND ZONING ITEMS NOT
TAKEN UP IN TODAY'S AGENDA FOR THE MEETING PRESENTLY
SCHEDULED FOR DECEMBER 10, 1992.
440 November 12, 1992
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
COMMENTS MADE DURING ROLL CALL:
Mr. Joel Maxwell (Assistant City Attorney): Were there two roll calls on
that? Madam City Clerk, were there two roll calls on that? That was an
emergency ordinance.
Commissioner Dawkins: No, there was only one.
Ms. Matty Hirai (City Clerk): There was only one. [AT THIS POINT THE SECOND
ROLL CALL WAS TAKEN BY THE CITY CLERK ON EMERGENCY ORDINANCE 11024. SEE LABEL
95.]
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:04
Xavier L. Suarez
MAYOR
* I ncoevM0H:kTei> >k
16 j 96
441 November 12, 1992