HomeMy WebLinkAboutCC 1992-12-10 MinutesFes,:
INDEX
MINUTES OF REGULAR MEETING
DECEMBER 109 1992
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ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1. PRESENTATIONS, PROCLAMATIONS, SPECIAL DISCUSSION
ITEMS: 12/10/92
(A) Key of the City presented to Phil
May, Federal Emergency Management
Agency (FEMA) director.
2. AWARD SOIL -TECH DISTRIBUTORS, INC. R 92-765
CONTRACT FOR REMOVAL OF HURRICANE 12/10/92
DEBRIS FROM CITY STREETS / ROADS /
PUBLIC RIGHTS -OF -WAY -- AUTHORIZE
CONTRACT UP TO $575,000.
3. PRESENTATIONS, PROCLAMATIONS, SPECIAL M 92-766
ITEMS: 12/10/92
(A) ALFREDO ZAYDEN, SR. - RECOGNITION
OF DEDICATION TO COMMUNITY.
(B) RECOMMEND TO STREET CODESIGNATION
REVIEW COMMITTEE TO IDENTIFY STREETS TO
BE NAMED IN HONOR OF: WALLACE MCCALL,
ALFREDO ZAYDEN, AND TONY CUESTA, AS
IMPORTANT CITIZENS. (See label 86)
(C) COMMENDATION TO LT. P.E. SMALLEY
FOR OUTSTANDING DEDICATION TO CITIZENS
OF MIAMI.
(D) COMMENDATION TO FELICIA MCQUEEN, A
COMPLAINT OFFICER WHO SAVED A CHILD'S
LIFE.
(E) PROCLAMATION "DIA DE ELSA ALBERTO
RODRIGUEZ" - ACTRESS - FOR OUTSTANDING
CONTRIBUTIONS.
4. PRESENTATION: APPRECIATION TO FEMA FOR DISCUSSION
PROVIDING WORK FOR MEMBERS OF THE 12/10/92
COMMUNITY THROUGH ALLOCATION OF FUNDS
IN THE AFTERMATH OF HURRICANE ANDREW.
2-3
3-4
5-7
7-8
I
13
5. ACCEPT CITY CLERK'S CERTIFICATION AND R 92-767
DECLARATION OF RESULTS OF SPECIAL 12/10/92
MUNICIPAL ELECTION OF NOVEMBER 3,
1992 -- IN WHICH A CHARTER AMENDMENT
INCREASING THE NUMBER OF MEMBERS OF THE
OFF-STREET PARKING BOARD WAS
DISAPPROVED BY THE ELECTORATE.
6. CONSENT AGENDA R 92-768
(A) BRIEF DISCUSSION CONCERNING THE 12/10/92
LAW ENFORCEMENT TRUST FUND.
(B; BRIEF DISCUSSION REGARDING
FUNDING OF THE KIDS OFF STREETS
PROGRAM -- AUTHORIZE FUNDING OF $20,000
FROM THE LAW ENFORCEMENT TRUST FUND.
(C) GENERAL COMMENTS BY MANUEL
GONZALEZ-GOENAGA REGARDING AGENDA ITEM
CA-9.
6.1 CLASSIFY ONE CITY VEHICLE AS SURPLUS R 92-769
CATEGORY A STOCK -- DONATE TO 12/10/92
SHORECREST HOMEOWNERS ASSOCIATION TO
ASSIST IN THEIR EFFORTS AGAINST CRIME.
6.2 APPROVE ST. JOHN COMMUNITY DEVELOPMENT R 92-770
CORPORATION AS PROJECT SPONSOR OF A 21- 12/10/92
UNIT AFFORDABLE RENTAL HOUSING PROJECT
ON CITY -OWNED 2055 N.W. 3 AVENUE --
AUTHORIZE MEMORANDUM OF AGREEMENT.
6.3 EXECUTE PROFESSIONAL SERVICES AGREEMENT R 92-771
WITH A. FOSTER HIGGINS AND CO., INC. -- 12/10/92
FOR EXPERT ACTUARIAL ASSISTANCE IN
PENSION MATTERS ($40,000).
6.4 APPROVE GRANT OF EASEMENT TO FLORIDA R 92-772
DEPARTMENT OF TRANSPORTATION FOR ITS 12/10/92
CONSTRUCTION / INSTALLATION /
MAINTENANCE OF NEW FENDER SYSTEM AND
APPURTENANCES ON AND OVER CITY OF MIAMI
SUBMERGED BAY BOTTOM LAND OF BISCAYNE
BAY LOCATED IN THE INTRACOASTAL
WATERWAY.
6.5 EXECUTE AGREEMENT WITH ANDRES VARGAS- R 92-773
GOMEZ AS CONSULTANT -- TO PERFORM THE 12/10/92
SERVICES OF INTERNATIONAL PROTOCOL
SPECIALIST ($36,000).
1�
10-26
26-27
27
27-28
28
28
rr,
6.6 EXECUTE AGREEMENT WITH SANDRA W. JOICE R 92-774 26-29
AS CONSULTANT -- TO PERFORM THE 12/10/92
SERVICES OF INTERNATIONAL ECONOMIST
($36,000).
6.7 EXECUTE AGREEMENT WITH MANUEL ARQUES AS R 92-775 29
CONSULTANT -- TO PERFORM THE SERVICES 12/10/92
OF TRADE MISSION COORDINATOR ($18,000).
6.8 EXECUTE AGREEMENT WITH MANUEL J. R 92-776 29
GONZALEZ AS CONSULTANT -- TO PERFORM 12/10/92
THE SERVICES OF MARKETING SERVICES
COORDINATOR ($42,000).
6.9 ALLOCATE $18,000 AS COMPENSATION TO R 92-777 30
SPECIAL COUNSEL FOR THE CIVIL SERVICE 12/10/92
BOARD.
6.10 ACCEPT GRANT ($16,000) FROM THE US R 92-778 30
SMALL BUSINESS ADMINISTRATION THROUGH 12/10/92
FLORIDA DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES -- FOR THE PLANTING
OF TREES IN LUMMUS PARK.
6.11 ACCEPT ($1,233) GRANT FROM THE US R 92-779 30
AMERICA THE BEAUTIFUL URBAN AND 12/10/92
COMMUNITY FORESTRY GRANT PROGRAM
(THROUGH FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES) --
FOR THE PLANTING OF COCONUT PALMS IN
PEACOCK PARK (2820 McFarlane Road).
6.12 APPROVE, IN PRINCIPLE, PLAN PROPOSED BY R 92-780 31
THE COCONUT GROVE CHAMBER OF COMMERCE 12/10/92
ENTITLED: "COCONUT GROVE WALK OF FAME
PROJECT" -- TO INLAY PLAQUES IN
SIDEWALK AREA OF COCONUT GROVE BUSINESS
DISTRICT HONORING DESIGNATED
INDIVIDUALS WHO HAVE HAD IMPACT ON
POSITIVE GROWTH OF COCONUT GROVE.
6.13 APPROVE INSTALLATION OF GATEWAY R 92-781 32
FEATURES AT INTERSECTIONS OF N.W. 2 12/10/92
AVENUE AND 29 STREET AND N.W. 2 AVENUE
AND 36 STREET IN WYNWOOD COMMUNITY, AS
PART OF PREVIOUSLY APPROVED N.W. 2ND
AVENUE BEAUTIFICATION PROJECT.
a
6.14 RECOGNIZE TAX-EXEMPT STATUS CLAIMED BY R 92y-702
IGLESIA BAUTISTA RENACER INC. 12/10/92
SUPPORT THEIR REQUIREMENT FOR
REIMBURSEMENT OF $4,405.20 PREVIOUSLY
PAID BY THE ORGANIZATION.
6.15 ACCEPT PLAT: EDISON TERRACE APARTMENTS, R 92-783
12/10/92
7. PLAQUES PRESENTED TO CITY COMMISSIONERS DISCUSSION
BY THE METRO MIAMI ACTION PLAN BOARD OF 12/10/92
DIRECTORS.
8. APPROVE PURCHASE OF 4 PUREBRED GERMAN R 92-784
SHEPHERD DOGS ($12,000) FROM LAW 12/10/92
ENFORCEMENT TRUST FUND.
9. ACCEPT BID: TROPICAL NATURAL WATER R 92-785
COMPANY -- FOR WATER SERVICE TO CITY 12/10/92
DEPARTMENTS.
10. SATISFACTION OF JUDGEMENT: RENE R 92-786
VELASQUEZ AND MARK L. BRUMER, ESQ. 12/10/92
($9,792.65).
11. SATISFACTION OF JUDGMENT: LUIS AND R 92-787
BARBARA RANGEL, AND MICHAEL P. 12/10/92
WEISBERG, ESQ. ($7,810.25).
12. BRIEF DISCUSSION REGARDING DISPLAY OF DISCUSSION
STATUS OF AGENDA ITEMS DURING 12/10/92
COMMISSION MEETING.
13. BRIEF DISCUSSION CONCERNING PROPOSED DISCUSSION
IDENTIFICATION OF ITEMS CONSIDERED BY 12/10/92
THE COMMISSION ON THE TELEVISION SCREEN
SCREEN DURING CABLE AIRING OF THE
MEETINGS.
14. DISCUSS AND TABLE CONSIDERATION OF DISCUSSION
POSSIBLE LEGISLATIVE CONSULTANT 12/10/92
SERVICES FOR WASHINGTON, D.C. (See
label 28)
15. (A) DISCUSSION CONCERNING PROCUREMENT DISCUSSION
PROCEDURES - COMMISSIONER PLUMMER 12/10/92
CRITICIZES PROCEDURES PRESENTLY IN
PLACE;
(B) DISCUSSION CONCERNING POLICE
PURSUIT POLICY AND TOTAL PRESENT NUMBER
OF WRECKED POLICE CARS.
32
32-34
34-35
35-42
42-43
44-47
47-48
48-49
49-50
50-61
62-85
2
11
is. APPROVE, AND REFER TO MANAGER, REPORT M 92-788
BY CITY ATTORNEY OF THE PROPOSED 12/10/92
LEASING OF FORMER FIRE STATION (LOCATED
AT 161 N.W. 27 AVENUE) TO THE FRATERNAL
ORDER OF POLICE (FOP).
17. BRIEFLY DISCUSS, AND TABLE TO THE DISCUSSION
AFTERNOON, CONSIDERATION OF PROPOSED 12/10/92
EMERGENCY ORDINANCE INCREASING THE
FISCAL YEAR '92 APPROPRIATIONS FOR
POLICE AND SOLID WASTE DEPARTMENTS AS
THE RESULT OF EMERGENCY EXPENDITURES
RELATING TO HURRICANE ANDREW, AND A
BUDGETARY ADJUSTMENT IN SPECIAL
PROGRAMS AND ACCOUNTS. (See label 26)
18. EMERGENCY ORDINANCE: AMEND 10021 (WHICH M 92-789
ESTABLISHED INITIAL RESOURCES AND ORDINANCE
APPROPRIATIONS FOR LAW ENFORCEMENT 11025
TRUST FUND) TO PROVIDE FOR INCREASE 12/10/92
$1,002,000 AS RESULT OF ADDITIONAL
MONIES DUE TO FORFEITURE.
19. SECOND READING ORDINANCE: AMEND CODE ORDINANCE
SECTION 52.6-3 CONCERNING GOVERNING 11026
BODY OF THE MIAMI SPORTS AND EXHIBITION 12/10/92
AUTHORITY -- ELIMINATE NECESSITY FOR
SEPARATE GROUPS BY HAVING ALL MEMBERS
SERVE TWO YEAR TERMS, EXCEPT THE CITY
COMMISSION MEMBER, WHOSE TERM SHALL RUN
FOR ONE YEAR. (See label 71)
85-92
92-93
94-102
103-107
20. (A) BRIEF COMMENTS ON LUNCHEON DISCUSSION 107-108
SPONSORED BY THE DOWNTOWN MIAMI 12/10/92
EXECUTIVES.
(B) COMMENTS CONCERNING GUIDELINES
CONTROLLING PUBLIC FISHING FROM
BRICKELL BRIDGE.
21. DISCUSS AND TEMPORARILY TABLE DISCUSSION 108-115
CONSIDERATION OF PROPOSED FIRST READING 12/10/92
ORDINANCE AUTHORIZING ISSUANCE OF
PARKING SYSTEM REVENUE BONDS
($20,000,000). (See label 27)
22. AMEND R-90-727 RELATING TO $7,500,000 R 92-790 115-118
GRANT FROM DADE COUNTY -- TO BE USED 12/10/92
FOR RENOVATION OF ORANGE BOWL STADIUM.
23. AUTHORIZE EXECUTION OF AGREEMENT WITH R 92-791
METROPOLITAN DADE COUNTY FOR 12/10/92
IMPLEMENTATION OF COMMERCIAL FACADE
TREATMENT PROGRAM -- ALLOCATE $3609000
FROM CDBG FUNDS.
24. AUTHORIZE EXECUTION OF AGREEMENT R 92-792
APPROVING REFUNDING OF CERTAIN DADE 12/10/92
COUNTY, FLORIDA, HOUSING BONDS TO
FINANCE LOW OR MODERATE INCOME HOUSING
IN THE CITY OF MIAMI (WHICH WERE ISSUED
PURSUANT TO AGREEMENT WITH METROPOLITAN
DADE COUNTY).
118-119
120
25.
ACCEPT PROPOSAL OF HOWARD GARY AND
M 92-793
121-131
COMPANY AND RAYMOND JAMES AND
12/10/92
ASSOCIATES, INC. -- FOR PROVISION OF
FINANCIAL ADVISORY SERVICES TO THE
CITY.
26.
(Continued discussion) EMERGENCY
ORDINANCE
132-135
ORDINANCE: AMEND 10920 --INCREASE
11027
FISCAL YEAR 192 APPROPRIATIONS FOR
12/10/92
POLICE AND SOLID WASTE DEPARTMENTS AS
RESULT OF EMERGENCY EXPENDITURES
RELATING TO HURRICANE ANDREW, AND A
BUDGETARY ADJUSTMENT IN SPECIAL
PROGRAMS AND ACCOUNTS. (See label 17)
27.
FIRST READING ORDINANCE: AUTHORIZE
ORDINANCE
135-139
ISSUANCE OF PARKING SYSTEM REVENUE
FIRST READING
BONDS ($20,000,000) FOR PURPOSES OF
12/10/92
REFUNDING CITY'S $16,275,000 PARKING
SYSTEM REVENUE BONDS, SERIES 1986 AND
THE CITY'S $2,000,000 SUBORDINATED
PARKING SYSTEM REVENUE BONDS, SERIES
1986; ETC.
28.
AUTHORIZE EXECUTION OF AGREEMENT WITH
R 92-794
139-146
WASHINGTON & CHRISTIAN -- FOR
12/10/92
LEGISLATIVE CONSULTANT SERVICES TO THE
CITY IN WASHINGTON, D.C. ($44,000).
29.
AUTHORIZE EXECUTION OF AGREEMENTS WITH
R 92-795
146-150
PEOPLES NATIONAL BANK -- TO ESTABLISH A
12/10/92
SPECIAL DEPOSITORY BANK ACCOUNT.
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30, AUTHORIZE ACCEPTANCE OF GRANT TO FUND
R 92-796
"MIAMI URBAN SEARCH AND RESCUE TASK
12/10/92
FORCE EQUIPMENT ACQUISITION AND
TRAINING PROGRAM" COMMISSION
RESERVES RIGHT TO DESIGNATE WHAT WILL
BE CONTAINED IN GRANT.
31. FIRST READING ORDINANCE: ESTABLISH NEW
ORDINANCE
SPECIAL REVENUE FUND: "MIAMI URBAN
FIRST READING
SEARCH AND RESCUE TASK FORCE EQUIPMENT
12/10/92
ACQUISITION AND TRAINING PROGRAM (FY
193, 194 AND 195) M.U.S.A.R.T.F." --
APPROPRIATE $600o000 FOR PURCHASE OF
SPECIFIC EQUIPMENT.
32. DISCUSS AND DEFER CONSIDERATION OF M 92-797
PROPOSED RESOLUTION TO AUTHORIZE 12/10/92
INTERLOCAL AGREEMENT WITH METRO-DADE
COUNTY FOR INCLUSION IN THE COUNTY
CURBSIDE RECYCLING PROGRAM.
33. BRIEFLY DISCUSS AND DEFER CONSIDERATION DISCUSSION
OF PROTEST OF ALLSTAR BUILDERS 12/10/92
CORPORATION REGARDING CHIEF PROCUREMENT
OFFICER'S REJECTION OF ITS BID
CONCERNING DEBRIS REMOVAL SERVICES.
34. RATIFY AWARD TO KOSTMAYER CONSTRUCTION R 92-798
COMPANY TO OPERATE BURN CONTROLLED 12/10/92
UNITS AT VIRGINIA KEY FACILITY TO
DISPOSE OF DEBRIS FROM HURRICANE ANDREW
IN DESIGNATED CITY AREAS.
35. AUTHORIZE MANAGER TO ENTER INTO A
R 92-799
RENEGOTIATED COLLECTIVE BARGAINING
12/10/92
AGREEMENT WITH THE MIAMI GENERAL
EMPLOYEES, AFSCME, LOCAL 1907, AFL-CIO
(10/1/92 - 9/30/93).
36. AUTHORIZE CITY ATTORNEY TO FILE OFFERS
R 92-800
OF JUDGMENT TO PLAINTIFF ROSIMIS
12/10/92
ALPHONSE ($650,000).
37. BRIEFLY DISCUSS AND TABLE CONSIDERATION
DISCUSSION
OF PROPOSED RESOLUTION AUTHORIZING
12/10/92
PAYMENT OF JUDGMENT TO CARLOS SALINAS
($100,000). (See label 39)
151
152-153
153-186
186-189
189-190
190-199
199-203
204-205
0
38.
DISCUSS AND MOMENTARILY TABLE
DISCUSSION
205
CONSIDERATION OF PROPOSED RESOLUTION
12/10/92:
AUTHORIZING EXECUTION OF PROFESSIONAL
SERVICES AGREEMENT WITH NATIONAL
ORGANIZATION OF BLACK LAW ENFORCEMENT
EXECUTIVES (NOBLE). (See label 40)
39.
(Continued Discussion) AUTHORIZE
R 92-801
205-208
DIVISION OF FINANCE TO SATISFY JUDGMENT
12/10/92
($100,000) TO CARLOS SALINAS. (See
label 37)
40.
(Continued Discussion) DISCUSS AND
DISCUSSION
208-211
DEFER TO A FUTURE MEETING CONSIDERATION
12/10/92
OF PROPOSED PROFESSIONAL SERVICES
AGREEMENT WITH NATIONAL ORGANIZATION OF
BLACK LAW ENFORCEMENT EXECUTIVES
(NOBLE). (See label 38)
41.
AUTHORIZE PAYMENT TO METROPOLITAN DADE
R 92-802
212
COUNTY FOR THE UTILIZATION OF TWO AIR
12/10/92
RESCUE HELICOPTERS ($899054).
42.
DISCUSS, AND DEFER TO FUTURE MEETING,
M 92-803
213-217
CONSIDERATION OF PROPOSED RESOLUTION TO
12/10/92
ALLOCATE FUNDS FOR THE FLIGHT TIME AND
MAINTENANCE OF TWO AIR RESCUE
HELICOPTERS -- CITY TO HONOR LT. ROBERT
APTE WHOSE NAME HAS NOW BEEN CLEARED.
(See label 87)
43.
DISCUSS, AND DEFER FOR FURTHER
M 92-804
217-228
INFORMATION, CONSIDERATION OF REQUEST
12/10/92
FOR SIDEWALK CAFE PERMIT FOR ELENA'S
ITALIAN RESTAURANT, INC., D/B/A CAFE
SCI SCI, LEASEHOLD.
44.
RESCIND R-92-568, WHICH ACCEPTED BID OF
R 92-805
229-230
AARYA CONSTRUCTION AND DESIGN, INC.,
12/10/92
FOR ROBERT KING HIGH PARK BRIDGE
REPAIRS -- ACCEPT SECOND LOWEST BID
SUBMITTED BY SHORELINE FOUNDATION, INC.
45. BRIEFLY DISCUSS AND TEMPORARILY TABLE DISCUSSION 230
PROPOSED APPOINTMENTS TO THE COCONUT 12/10/92
GROVE STANDING FESTIVAL COMMITTEE.
(See labels 47 and 49)
46. APPOINT JANET GAVARRETE TO THE MIAMI R 92-806 231
RIVER COORDINATING COMMITTEE. 12/10/92
D
r. (Continued Discussion) BRIEFLY DISCUSS DISCUSSION
AND MOMENTARILY DEFER PROPOSED 12/10/92
APPOINTMENTS TO THE COCONUT GROVE
STANDING FESTIVAL COMMITTEE. (See
labels 45 and 49)
8. SET POLICY CONCERNING PROCEDURES FOR R 92-807
ADDRESSING EMERGENCY ITEMS AT 12/10/92
COMMISSION MEETINGS.
49. (Continued Discussion) APPOINT CARMEN R 92-808
DAVIS TO COCONUT GROVE STANDING 12/10/92
FESTIVAL COMMITTEE.
50. INSTRUCT ADMINISTRATION TO CONTINUE TO M 92-809
ISSUE NOTICES OF VIOLATION TO PROPERTY 12/10/92
OWNERS HAVING PILES OF VEHICLE TIRES
VISIBLE ON THEIR PREMISES, BUT ONLY IF
THERE IS PROOF THAT INDIVIDUAL BEING
FINED WAS ACTUALLY RESPONSIBLE FOR THE
ILLEGAL DUMPING.
51. GRANT REQUEST BY THE WOMEN'S GUILD FOR R 92-810
USE OF DESIGNATED STREETS CONCERNING 12/10/92
MIAMI PROJECT TO CURE PARALYSIS WALK-A-
THON.
52. AUTHORIZE INCREASE IN CONTRACT WITH R 92-811
CENTRAL FLORIDA EQUIPMENT RENTAL OF 12/10/92
DADE COUNTY, INC. FOR THE LAWRENCE
WATERWAY HIGHWAY IMPROVEMENT / LAWRENCE
WATERWAY RETROFITTING PROJECT B-4536 /
B-5542 (CIP NO. 352194).
53. AUTHORIZE APPLICATION TO U.S. R 92-812
DEPARTMENT OF HOUSING AND URBAN 12/10/92
DEVELOPMENT (HUD) FOR A $2.5 MILLION
LOAN UNDER HUD SECTION 108 PROGRAM FOR
FINANCING THE DEVELOPMENT OF A
RESTAURANT / SPORTS BAR COMPLEX IN
SOUTHEAST OVERTOWN / PARK WEST.
54. ANNOUNCEMENT BY THE CITY COMMISSION DISCUSSION
THAT THE CITY OF MIAMI HAS NOW OBTAINED 12/10/92
A HOCKEY FRANCHISE.
55. DISCUSSION CONCERNING FUNDING REQUEST DISCUSSION
FROM HISPANIC-LATIN FOUNDATION IN 12/10/92
SUPPORT OF A NONPROFIT FUND-RAISING
EVENT TO BENEFIT THE YOUTH OF MIAMI
AFFECTED BY HURRICANE ANDREW.
232
232-234
234-235
235-246
246-248
249-250
250-256
256-257
258-264
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66. REPRESENTATIVES OF COCONUT GROVE ARTS DISCUSSION 264-265
FESTIVAL REQUESTS AUTHORIZATION FOR A 12/10/92 -
PARK SEATING DESIGN COMPETITION FOR USE
IN MYERS PARK IN HONOR OF THE 30TH
ANNIVERSARY COCONUT GROVE ARTS
FESTIVAL. (See label 63)
57. DISCUSSION CONCERNING REQUESTED BANNING DISCUSSION 265-268
OF MERCHANDISE VENDORS OUTSIDE THE 12/10/92
MIAMI ARENA.
58. REFER TO MANAGER REQUEST FROM BEST DISCUSSION 269-271
WESTERN MIAMI AIRPORT INN FOR CLOSURE 12/10/92
OF DESIGNATED STREETS FOR USE BY A
MARCHING BAND THAT WILL PARTICIPATE IN
ORANGE BOWL PARADE.
59. DISCUSSION CONCERNING MIAMI CENTENNIAL DISCUSSION 271-272
196 -- STATUS REPORT OF CITY'S 12/10/92
CENTENNIAL CELEBRATIONS.
60. GRANT REQUEST BY PAN AMERICAN SOCIETY R 92-813 272-276
OF ARTISTS, INC. FOR RENTAL FEE WAIVER 12/10/92
FOR USE OF THE MANUEL ARTIME PERFORMING
ARTS CENTER.
61. REFER TO MANAGER REQUEST FROM COMMUNITY M 92-814 277-281
CLUB OF MIAMI, INC. FOR USE OF 12/10/92
DESIGNATED STREETS AND WAIVER OF
CERTAIN REQUIREMENTS CONCERNING ITS
CHRISTMAS PROCESSION AND PARTY.
62. REFER TO MANAGER FUNDING REQUEST BY M 92-815 281-288
HOME FOR THE HOLIDAYS IN SUPPORT OF 12/10/92
ITS NETWORK TELEVISION PRODUCTION AND
MULTI -CITY FUNDRAISERS TO BENEFIT THE
HOMELESS, THE HUNGRY, AND AS HURRICANE
RELIEF -- MANAGER TO MEET WITH HIS CREW
AND COME BACK WITH RECOMMENDATION.
63. GRANT $15,000 AS PARTIAL FUNDING IN R 92-816 288-290
SUPPORT OF ARTISTS' COMPETITION FOR 12/10/92
PARK BENCHES TO BE INSTALLED IN KENNETH
MYERS PARK FOR COCONUT GROVE ARTS
FESTIVAL. (See label 56)
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64.
METRO-DADE COUNTY OFFERS TO PAY THE
R 92-817
291-295
CITY $1,674,000 FOR BACK RENT OWED TO
12/10/92
THE CITY, IF THE CITY DROPS PRESENTLY -
INSTITUTED LAWSUIT -- NEW LEASING
AGREEMENT DRAWN UP FOR USE OF SPACE AT
THE (MUNICIPAL JUSTICE BUILDING AT 1145
N.W. 11 STREET).
65.
DISCUSSION CONCERNING VIOLATION AT 351
DISCUSSION
295-305
S.W. 30 COURT -- ADMINISTRATION
12/10/92
REQUESTED TO COME BACK IN 90 DAYS TO
GIVE STATUS REPORT.
66.
AUTHORIZE EXECUTION OF AGREEMENT WITH
R 92-818
305-306
ORANGE BOWL COMMITTEE FOR FOOD,
12/10/92
BEVERAGE AND NOVELTIES CONCESSIONS
DURING KING ORANGE BOWL JAMBOREE
PARADE.
67.
DISCUSS AND TEMPORARILY TABLE PROPOSED
DISCUSSION
307-310
RESOLUTION TO PURCHASE / LEASE POLICE
12/10/92
PURSUIT VEHICLES.
68.
DISCUSSION CONCERNING REQUEST FROM
DISCUSSION
310-312
BARBARA BONEY TO PLACE A TRAILER ON HER
12/10/92
PROPERTY AS TEMPORARY QUARTERS WHILE
HER HOME IS BEING REPAIRED FROM DAMAGES
CAUSED BY HURRICANE ANDREW.
69.
ACCEPT $161.83 DONATION FROM THE SISTER
R 92-819
312-313
CITY OF KAGOSHIMA FOR HURRICANE RELIEF.
12/10/92
70.
DIRECT CITY MANAGER TO PREPARE A STUDY
DISCUSSION
314-315
CONCERNING POSSIBILITY OF COMBINING THE
12/10/92
STAFFS OF THE SISTER CITY PROGRAM, THE
INTERNATIONAL TRADE BOARD (ITB) AND
PROTOCOL, AND TO COME BACK WITH A
RECOMMENDATION.
71.
SECOND READING ORDINANCE: AMEND CODE
ORDINANCE
315-316
SECTION 52.6-3 CONCERNING MIAMI SPORTS
11028
AND EXHIBITION AUTHORITY -- ELIMINATE
12/10/92
NECESSITY FOR SEPARATE GROUPS BY HAVING
ALL MEMBERS SERVE A ONE-YEAR TERM
INITIALLY AND TWO-YEAR TERMS
THEREAFTER, EXCEPT COMMISSION MEMBERS,
WHOSE TERMS SHALL BE REVIEWABLE BY
COMMISSION EACH YEAR. (See label 19)
0
72.
FIRST READING ORDINANCE: AMEND 10544
ORDINANCE
317-320
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
FIRST READING
(MCNP) -- CHANGE LAND USE DESIGNATION
12/10/92
AT 3711 S.W. 26 TERRACE FROM DUPLEX
RESIDENTIAL TO RESTRICTED COMMERCIAL.
(Applicant: Bonzo Enterprises, Inc.)
73.
FIRST READING ORDINANCE: AMEND 11000
ORDINANCE
320-321
ATLAS FROM R-2 TWO-FAMILY RESIDENTIAL
FIRST READING
TO C-1 RESTRICTED COMMERCIAL AT
12/10/92
APPROXIMATELY 3711 S.W. 26 TERRACE.
(Applicant: Bonzo Enterprises, Inc.)
74.
DENY APPEAL OF ZONING BOARD'S DENIAL
R 92-820
322-338
FOR CLASS I SPECIAL PERMIT APPLICATION
12/10/92
FOR A POOL HALL WITH A PRIVATE CLUB AT
APPROXIMATELY 304 S.W. 8 AVENUE.
75.
SECOND READING ORDINANCE: AMEND CODE BY
ORDINANCE
338-339
ADDING NEW CHAPTER ENTITLED: FLOOD
11029
DAMAGE PREVENTION -- PROVIDE FOR
12/10/92
DEFINITIONS, ETC.
76.
SECOND READING ORDINANCE: AMEND 10544
ORDINANCE
340
(MCNP FUTURE LAND USE PLAN MAP) BY
11030
CHANGING DESIGNATION AT APPROXIMATELY
12/10/92
229 N.W. 30 STREET FROM RECREATION TO
MEDIUM DENSITY MULTIFAMILY RESIDENTIAL.
(Applicant: Development & Housing
Conservation Department)
77.
SECOND READING ORDINANCE: AMEND 1100b
ORDINANCE
341
ATLAS FROM PR PARKS AND RECREATION TO
11031
R-3 MULTIFAMILY MEDIUM -DENSITY
12/10/92
RESIDENTIAL AT APPROXIMATELY 229 N.W.
30 STREET. (Applicant: Development &
Housing Conservation Department)
78.
DISCUSS AND CONTINUE (TO NEXT PLANNING
DISCUSSION
342-345
AND ZONING MEETING) PROPOSED SECOND
12/10/92
READING ORDINANCE TO AMEND 11000 (Art.
9, Sec. 908.10) TO PROVIDE MINIMUM
LANDSCAPING REQUIREMENTS IN ONE -FAMILY,
TWO-FAMILY AND MULTI -FAMILY RESIDENTIAL
DISTRICTS. (Applicant: Planning,
Building and Zoning Department)
El
,. SECOND READING ORDINANCE. AMEND CODE
CHAPTER 14 ("DEFINITION") PERTAINING TO
IMPLEMENTATION OF SOUTHEAST
OVERTOWN/PARK WEST AND DOWNTOWN
DEVELOPMENT OF REGIONAL IMPACT
DEVELOPMENT ORDERS TO REFLECT
DEVELOPMENT ORDER AMENDMENTS MADE
PREVIOUSLY AND CONCURRENTLY.
(Applicant: Development & Housing
Conservation Department)
80. FIRST READING ORDINANCE: AMEND 11000
(Art. 13, 19 and 21) TEXT TO PROVIDE
IMPLEMENTATION OF CONDITIONS IN
VARIANCES, SPECIAL EXCEPTIONS AND
COVENANTS BY THREATENING REVOCATION OF
THE PERMISSIONS. (Applicant: Planning,
Building and Zoning Department)
81. FIRST READING ORDINANCE: AMEND CODE --
AUTHORIZING ZONING BOARD TO RESCIND,
MODIFY OR CHANGE ANY RESOLUTION
GRANTING SPECIAL PERMIT, SPECIAL
EXCEPTION OR VARIANCE IF THERE IS A
VIOLATION OF CONDITIONS OR
RESTRICTIONS. (Applicant: Planning,
Building and Zoning Department)
ORDINANCE
11032
12/10/92
ORDINANCE
FIRST READING
12/10/92
ORDINANCE
FIRST READING
12/10/92
82. DISCUSSION CONCERNING STATUS REPORT ON DISCUSSION
S.W. 22 TERRACE (NORTHSIDE) FROM 27 TO 12/10/92
37 AVENUES.
83. RENEW ACCEPTANCE OF GRANT BY TINA HILL M 92-821
FOUNDATION DONATING FUNDS FOR CLAY 12/10/92
SCULPTURES TO BE PLACED IN BAYFRONT
PARK -- EXTEND COMPLETION DATE.
84. DISCUSSION CONCERNING PROPOSAL BY DISCUSSION
COUNTY COMMISSIONER DUSSEAU FOR AN 12/10/92
EMERGENCY HOMELESS FACILITY IN THE OMNI
AREA (SEARS SITE).
85. REFER TO ADMINISTRATION REQUEST FROM M 92-822
RINGO CAYARD (HAITIAN AMERICAN 12/10/92
FOUNDATION, INC. [HAFI]) FOR PURCHASE
OR LEASE OF A BUILDING TO THE HAITIAN
COMMUNITY.
86. (Continued Discussion) ADD TONY M 92-823
VARONA'S NAME TO A LIST OF NAMES TO BE 12/10/92
HONORED BY CODESIGNATION OF CITY
STREETS. (See label 3)
346-347
347-354
354-355
355-363
363-364
365-366
366-370
370-372
iP^
E
87. ALLOCATE $1719200 FOR FLIGHT TIME AND
R 92-824 372-373
MAINTENANCE OF TWO AIR RESCUE
12/10/92
HELICOPTERS -- DIRECT MANAGER TO ENTER
INTO AGREEMENTS NECESSARY TO OPERATE
THE AVIATION DETAIL.
88. EXTEND FOR THREE MONTHS CURRENT
R 92-825 373-380
CONTRACT FOR RENTAL OF CITY POLICE
12/10/92
VEHICLES -- DIRECT MANAGER TO RE -BID
SAID CONTRACT.
•
•
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 10th day of December, 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 9:13 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 Victor De Yurre
Mayor Xavier L. Suarez
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
Commissioner Miriam Alonso
An invocation was delivered by Mayor Suarez and Vice Mayor De Yurre then
led those present in a pledge of allegiance to the flag.
----------a------------------------------------------------
NOTE FOR THE RECORD: By memorandum from City Manager
Cesar Odio, agenda items CA-5, CA-18, 9, 10, 19, 37, and
51 were withdrawn.
----------------------------------------------------------
1 December 10, 1992
�..---------- ------------------------- -------- - __--------_-------
1. PRESENTATIONS, PROCLAMATIONS, SPECIAL ITEMS:
(A) Key of the nCity
Mpresented
o Phil May, Federal Emergency
Maag meat Agency (FEA)director
------------------------------------------------------------------------ ----y-
Mayor Suarez: Mr. May, would you come around the back, sir? And I know that
you're going to want to say something about those that are with you, the ones
in the trenches who have done the work for which you get the glory here today.
No, I'm exaggerating there a little bit. But I know Commissioner Dawkins is
going to want to add to this. Ladies and gentlemen, Mr. Phil May is southeast
region director of the Federal Emergency Management Administration. As such,
he came to our aid in this community very quickly after Hurricane Andrew,
which has been estimated to be the worst natural disaster in U.S. history.
And it is thus with distinct pleasure that, in more than just a symbolic way,
but almost in a real way, we have opened to him our community. He has taken
it by storm and done so much to get it going and I think, been instrumental,
not only in helping the City with our own applications for reimbursement and
federal support, but also in the lobbying effort that took place in
Washington, D.C. for the U.S. Congress to do totally new appropriations,
adding up to somewhat in excess of $8,000,000,000. And so... And,
Commissioner Dawkins, if you'd like to add something. All right, sir. On
behalf, Mr. May, of all the citizens of Miami, I am pleased, sir, here in this
Commission to give you the highest honor the City can bestow, the keys to our
City and, of course, the keys to our hearts.
Commissioner Dawkins: As the Mayor said, we are indeed thankful for FEMA
(Federal Emergency Management Agency). Because of FEMA we were able to react
rapidly to the disaster. And because of FEMA we were able to do some very
positive things. I'm waiting now for the only local residents who were hired
to work in the cleanup, who were able to make money from this, and luckily
they were black people from the community that they were cleaning up in, and
it was only because FEMA okayed the contract with them, and we allowed them to
have earned some of that money. The one that the Manager is getting ready to
introduce right after we finish is the only group that hired local people to
work and for that they are grateful to FEMA, I am grateful, and the City of
Miami is grateful. So again, Mr. May, we appreciate it and we are indeed
happy that we were able to do that.
Mayor Suarez: And anyone that wishes to write any letters in support of his
reappointment by the new administration may do so. Mr. May, would you like to
introduce your staff?
Mr. Phil May: Thank you very much, Mayor Suarez. I thank the rest of the
members of the Commission on behalf of the... all of the FEMA employees that
are here in South Florida, and there are many local members of your community
that are working with us to provide the federal assistance. We have probably
three or four hundred local people we've hired here to assist us in providing
this assistance. And they've been a very much of a key part to our effort
here. But I would like to introduce three individuals that really do all the
heavy lifting, and you're absolutely correct, they do the work and I take the
credit. First I'd like to recognize Roland Sarabia. Roland, would you please
2 December 10, 1992
�4.
0
rise? Mr. Sarabia is a deputy FCO, deputy Federal Coordinating Officer, and
he's been a big help to us in providing the key leadership. Next I'd like to
recognize Mr. Mel Schneider. Mr. Schneider is in charge of the public
assistance program, and that's the program that provides the funds and the
leadership and guidance in the debris cleanup and all the restoration involved
with public facilities here in the City of Miami. And next, but not least,
and probably even more important is Mike Paulie. Mike, would you please
stand? Mike... Mike is a true professional in the finest sense in the
disaster business. He's in charge of our individual assistance program.
That's the program that provides the funds and the grants to individuals who
have been affected by the storm. Mike came right out of the L.A. riots and
had only a matter of a few weeks rest in Atlanta, prior to coming to South
Florida. So, Mike, we greatly appreciate your efforts on behalf of this
disaster. Thank you very much.
2. AWARD SOIL -TECH DISTRIBUTORS, INC. CONTRACT FOR REMOVAL OF HURRICANE
DEBRIS FROM CITY STREETS / ROADS / PUBLIC RIGHTS -OF -WAY -- AUTHORIZE
CONTRACT UP TO $575,000.
NOTE FOR THE RECORD: Commissioner Alonso entered the
meeting at 9:18 a.m.
Commissioner Dawkins: Mr. Mayor, while we're here, so this will not be taken
as one of my pocket items. I only have two. The Manager was authorized by
the City Commission to negotiate on any contract up to $150,000. This is one
that was $5,775 and I would move that... Huh? Five hundred...
Mayor Suarez: ...seventy-five thousand.
Commissioner Dawkins: Yeah. Five hundred seventy-five thousand. I move that
we OK this, that was approved by our Manager, but he did need our approval.
J.L. says he has to pay it out of his pocket. So moved.
Mayor Suarez: So moved.
Commissioner Plummer: Second.
Mayor Suarez: Seconded. Anybody want to take a look at the item to be
absolutely sure you're familiar with it?
Commissioner Dawkins: ...giving away here?
Mayor Suarez: Have we... In the meantime, while the matter is pending,
recognize Jorge Lopez, the State coordinator that worked with FEMA and is
crucial to,our efforts.
3 December 10, 1992
�ts3
u
Ms. Matty Hirai (City Clerk)! Excuse me.
Mayor Suarez: We're pleased to have him.
Ms. Hirai: Mr. Mayor?
Mayor Suarez: And I would ask the Fire Chief...
Ms. Hirai: Mr. Mayor? May we call the roll on that motion?
Mayor Suarez: Yes. I just want to make sure the Commissioner...
Ms. Hirai: Oh.
Mayor Suarez: ...has had enough time to look at it. Fire Chief and
Commissioner Alonso advance, so we make sure get everybody with Mr. May...
Commissioner Alonso: Good morning.
Mayor Suarez: We worked very closely with our Fire Department in the efforts
to rebuild and reconstruct and recover from the hurricane. All right. On the
motion before us, would you call the roll please, Madam City Clerk?
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-765
A RESOLUTION RATIFYING THE AWARD MADE TO SOIL -TECH
DISTRIBUTORS, INC., IN THE AMOUNT OF $575,500.00, FOR
THE REMOVAL OF HURRICANE DEBRIS FROM CITY
STREETS/ROADS AND PUBLIC RIGHTS -OF -WAY IN DESIGNATED
AREAS FOR A ONE MONTH PERIOD; FUNDING THEREFOR
AVAILABLE UNDER F.E.M.A. DSR #89807.
(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 Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
4 December 10, 1992
t
------a.—w. s.�r----w----i-----r-------- +rrsr---------..r.w.[--------
3. PRESENTATIONS, PROCLAMATIONS, SPECIAL ITEMS:
(A) ALFREDO ZAYDEN, SR. - RECOGNITION OF DEDICATION TO COMMUNITY.
(B) RECOMMEND TO STREET CODESIGNATION REVIEW COMMITTEE TO IDENTIFY
STREETS TO BE NAMED IN HONOR OF: WALLACE MCCALL, ALFREDO ZAYDEN,
AND TONY CUESTA, AS IMPORTANT CITIZENS. (See label 86)
(C) COMMENDATION TO LT. P.E. SMALLEY FOR OUTSTANDING DEDICATION TO
CITIZENS OF MIAMI.
(D) COMMENDATION TO FELICIA MCQUEEN, A COMPLAINT OFFICER WHO SAVED A
CHILD'S LIFE.
(E) PROCLAMATION "DIA DE ELSA ALBERTO RODRIGUEZ" - ACTRESS - FOR
OUTSTANDING CONTRIBUTIONS.
Commissioner Plummer: Is that it?
Mayor Suarez: No. Very quickly, I think all of us knew and cured for Mr.
Alfredo Zayden who passed away this week. And I'm pleased to have this
resolution presented. Is there anyone from the family here to accept it? If
Mr. Zayden... If not, we will get this directly to him. The proclamation
reads in part, "Alfredo Zayden, Sr., a Cuban -American Miami businessman who
played a vigorous and influential role in Dade's Republican party, was the
paradigm of the civic leader and dedicated citizen. This remarkable man has
left a legacy of love as a husband, father - I found out he has, I believe,
six children - patriot and as a civic pillar, who loved his adopted land where
he was most respected and admired. Therefore, be it resolved by the
Commission of the City of Miami, we take public and official cognizance of his
dedication and contribution to our City, and express to his grieving family
our sincere condolences on the passing of this great family man and human
being." So, ladies and gentlemen, let it be know that the Commission feels
for his family, expresses our condolences, and recognizes the works that he
did in this community.
Vice Mayor De Yurre: Mr. Mayor, while we're talking about this subject, in
those last few days we've had a number of very important citizens in our
community pass away, from Wallace McCall, to Alfredo Zayden, to Tony Cuesta.
And I would move at this time that we instruct the Administration to identify,
through our process, a street that we can name after each one of these
individuals. I would so move.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
5 December 10, 1992
The following motion was introduced by Vice Mayor be Yurre, who moved
its adoption:
MOTION NO. 92-766
A MOTION URGING THE STREET CODESIGNATION REVIEW
COMMITTEE TO FAVORABLY CONSIDER CODESIGNATION OF CITY
STREETS TO BE NAMED IN HONOR OF WALLACE McCALL,
ALFREDO ZAYDEN AND TONY CUESTA, IMPORTANT CITIZENS OF
OUR COMMUNITY WHO RECENTLY PASSED AWAY. (Note:
Motion 92-823 was later passed and adopted, adding the
name of Tony Varona to the above list of names.)
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Fire Chief may want to add to what I now am in the process of
recognizing and that's Lieutenant P.E. Smalley, for outstanding efforts and
dedication to the citizens of the City of Miami. Chief, would you want to add
to that?
Fire Chief Gimenez: Yes. Actually, this is a recommendation for a
commendation for Felicia McQueen. She was an... a complaint officer and she
saved the life of a child that was choking by giving the mother instructions
in how to dislodge the object and save the child's life. And that was on May
2, 1992.
Mayor Suarez: Very good. Finally, the Vice Mayor has requested the
proclamation for Elsa Alberto. Mr. Vice Mayor, would you like to read that?
Is she present, or anyone on her behalf? Elsa? I'm sorry. The prior
recipient... Fire Chief Gimenez, is she here? I believe... Oh, please, by
all means, come around the back. Be recognized. I presume, Chief, that her
name will be inscribed in these tablets and the award is a yearly award? It
reads, "This award is proudly presented in grateful recognition to the
dedication and caring Fire Communications personnel, who have skillfully
assisted our citizens by giving life saving instructions over the telephone,
prior to the arrival of Fire Rescue personnel." And it is a most impressive,
and very, very adequate and appropriate recognition of this fire fighter's
efforts in this particular matter - saving the life of a young human being.
Mayor Suarez: Commissioner... Mr. Vice Mayor...
Vice Mayor De Yurre: Yes, sir. Mr. Mayor, thank you. Elsa Alberto, a Cuban
who has certainly represented her country and her adopted country - the United
6 December 10, 1992
States of America W- very well, through her performances as an artist... It
gives me great pleasure to present this proclamation to her, if she would ,join
us. And I'll read some of it in Spanish, since it is in Spanish. And it says
that, "POR CUANTO CUBA, LA BELLA ISLA DEL CARIBE HA SIDO OTRA VEZ DE SU
HISTORIA, CANTERA INAGOTABLE DE ARTISTAS QUE HAN FULGURADO CON LUZ PROPIA EN
EL MUNDO ENTERO; Y POR CUANTO ENTRE LA PLEYADE DE ARTISTAS CUBANOS QUE HAN
DESCOLLADO EN NUESTROS MEDIOS, EL NOMBRE DE ELSA ALBERTO SOBRESALE POR SUS
MERITOS Y ESTILO PROPIO; Y POR CUANTO ELSA, COMO LA LLAMAN SUS NUMEROSOS
ADMIRADORES Y AMIGOS, DEBUTO EN NUESTRA CIUDAD SIENDO MUY JOVEN, COSECHANDO
TRIUNFOS AL NIVEL NACIONAL E INTERNACIONAL, TANTO EN EL TEATRO COMO EN LA
CINEMATOGRAFIA MODERNA; Y POR CUANTO LAS AUTORIDADES LOCALES EN NOMBRE DE LA
COMUNIDAD SALUDAN A ELSA ALBERTO POR SU CONTRIBUCION EN PONER EN ALTO EL
NOMBRE DE CUBA, SU PATRIA NATAL, Y EL DE MIAMI, CIUDAD QUE LA VIO CRECER.
ESTAMOS PROCLAMANDO EL DIA DE HOY, EL DIA DE ELSA ALBERTO RODRIGUEZ.
FELICIDADES.
Commissioner Plummer: I waive consecutive translation.
4. PRESENTATION: APPRECIATION TO FEMA FOR PROVIDING WORK FOR MEMBERS OF THE
COMMUNITY THROUGH ALLOCATION OF FUNDS IN THE AFTERMATH OF HURRICANE
ANDREW.
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, I'd like to take a moment to do what we...
finish what we started this morning. I have the grants manager here from FEMA
(Federal Emergency Management Agency), and would the individuals who were
allowed to earn a couple of dollars because of his goodness... Would you
stand? These individuals would not have been able to work if it were not for
you and we are most appreciative. And we hope that... We don't hope another
hurricane comes, but we hope that we'll still be able to work... Would you
like to say something, or have one of them say something Ms. Bell?
Ms. Jackie Bell: I'd like to say something to this Commission. I'm Jackie
Bell, executive director of New Washington Heights Community Development
Corporation. I'm sorry we had the hurricane. I've never been that scared in
my life and I don't ever want to be that frightened again. But we thank you.
And to this Commission, the Overtown community would like for you, if you
would do it, one-on-one to come with me and walk through our community. And
you would be more proud because it is cleaner, and we have the people that are
working with us come from the area, and they are very thankful to be able to
earn some money. They had not earned any money in a very long time and they
feel very proud. And some of them have stated to be that this has caused them
to move their life agenda, which means some of them will go back to school.
And New Washington Heights would like to say to you, thanks Commissioner
Dawkins for the opportunity, because we keep a list of people in our office
who come on a daily basis to ask, and we perform economic development. But
this is something we can't report that we do, but we do it. And we thank you
so much. And we wish you a happy holiday and we certainly would like for each
one of you to please - I know you're not going to come in a group - but come
with me and just let the people thank you. Please do that. Thank you.
7 December 10, 1992
lk�
V
1
{
!, Commissioner Hawkins: Ms. Bell, we appreciate that, but I'd like you to know
that Miller Dawkins only did it with the help of four Commissioners, at least
three up here. You need two.
Ms. Bell: That's true.
Commissioner Dawkins: But you just saw them just pass the money to pay for
it, so it's really a joint effort. So, if you would take a picture with
him... of them, I'd like to, and see if I can't get it in the Miami Times and
let them know that we did do something.
Ms. Bell: You would probably do something for this group of people that has
never been done. And I would thank you and I would love for you to do that.
Would you please come and take a picture with the Commissioners?
Commissioner Dawkins: Come on... we're going to do it up here.
Ms. Bell: We're going to do it up there? All of them. All five.
Mayor Suarez: Mr. Gonzalez-Goenaga, you're not part of this particular item,
sir.
Vice Mayor De Yurre: Mr. Mayor, for the record, let it be known that Miller
Dawkins has used up four of his pocket items. So, the two for today, and the
first two for the first meeting of next year.
Commissioner Plummer: That's it.
Mayor Suarez: Jackie, do you want to take the...
Commissioner Plummer: Back to next summer, Miller.
Mayor Suarez: Captain of the team spot there.
Commissioner Dawkins: OK. I don't have any more pocket items until the
summer.
Mayor Suarez: He's becoming a choreographer.
Commissioner Alonso: You're doing great.
Mayor Suarez: Thank you. Very good.
Commissioner Alonso: He just said the wrong word.
----------------------------------------------------------
NOTE FOR THE RECORD: On motion duly made by Commissioner
Dawkins and seconded by Commissioner Plummer, the minutes
of Commission meetings of September 10, September 24, and
October 8, 1992, were approved by the Commission.
----------------------------------------------------------
8 December 10, 1992
I
-iYilb------------ -------- ---------- ------- ------------ ----ii-iY----Yiil.li -iY fY
5. ACCEPT CITY CLERK'S CERTIFICATION AND DECLARATION OF RESULTS OF SPECIAL
MUNICIPAL ELECTION OF NOVEMBER 3, 1992 -- IN WHICH A CHARTER AMENDMENT
INCREASING THE NUMBER OF MEMBERS OF THE OFF-STREET PARKING BOARD WAS -
DISAPPROVED BY THE ELECTORATE.
------------------------------------------------------------------------ ---
Mayor Suarez: Item 1.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Accepting results of the municipal election.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-767
A RESOLUTION, WITH ATTACHMENT(S), OFFICIALLY ACCEPTING
THE ATTACHED CITY CLERK'S CERTIFICATION AND
DECLARATION OF THE RESULTS OF THE SPECIAL MUNICIPAL
ELECTION HELD ON NOVEMBER 3, 1992, IN WHICH A CHARTER
AMENDMENT INCREASING THE OFF-STREET PARKING BOARD FROM
FIVE (5) TO SEVEN (7) MEMBERS, OF WHICH ONE ADDITIONAL
MEMBER IS TO BE A CITY COMMISSIONER WHO WILL SERVE EX
OFFICIO, WITHOUT COMPENSATION, AS A VOTING CHAIRPERSON
AND THE SEVENTH MEMBER IS TO BE APPOINTED BY THE CITY
COMMISSION, WAS DISAPPROVED BY THE ELECTORATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
j: AYES: Commissioner Miriam Alonso
! Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
9 December 10, 1992
----------------------------- --------------------------------- ---------------
6. CONSENT AGENDA
(A) BRIEF DISCUSSION CONCERNING THE LAW ENFORCEMENT TRUST FUND.
(B) BRIEF DISCUSSION REGARDING FUNDING OF THE KIDS OFF STREETS
PROGRAM -- AUTHORIZE FUNDING OF $20,000 FROM THE LAW ENFORCEMENT
TRUST FUND.
(C) GENERAL COMMENTS BY MANUEL GONZALEZ-GOENAGA REGARDING AGENDA ITEM
CA-9.
------------------------------------------------------------------------------
Mayor Suarez: Mr. Gonzalez-Goenaga, we're going to take you after 3:00 p.m.,
sir. Please...
Mr. Manuel Gonzalez-Goenaga: Excuse me. If I read correctly, inthe consent
agenda, if...
Mayor Suarez: We're not there yet. We're just getting there. So, please
hold your horses.
Mr. Gonzalez-Goenaga: No. But not until after four.
Mayor Suarez: You were up on item 1. We haven't got to the consent.
Mr. Gonzalez-Goenaga: No, no. I don't... I have not...
Mayor Suarez: Have a seat. Just have a seat right now.
Mayor Suarez: All right. Item CA-1 through CA-22 constitute the consent
agenda. If anyone wishes any of those items to be heard separately, please
step forward.
Mr. Cesar Odio (City Manager): Mr. Mayor...
Mayor Suarez: Mr. Gonzalez-Goenaga...
Mr. Odio: ...for the record, we withdrew CA-5...
Mayor Suarez: OK.
Mr. Odio: ...and CA-18.
Commissioner Plummer: I wish to pull four, fourteen and fifteen.
Mayor Suarez: You didn't say... You have to tell me.
Commissioner Alonso: Four?
Commissioner Plummer: Four, fifteen and fifteen.
Commissioner Alonso: OK.
10 December 10, 1992
hfJY
•
Commissioner Plummer: Fourteen and fifteen I'm only pulling to vote against.
Mayor Suarez: All right. Anything further, Commissioners? And I know we
have Metro -Miami action planned. I'm sorry not to have...
Commissioner Plummer: Whoa. Excuse me, Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: It is my intention, as I have announced previously, to
pull all items which are funded...
Ms. Matty Hirai (City Clerk): Commissioner Plummer, would you kindly put the
statement on the record?
Commissioner Plummer: ...that are funded by the Law Enforcement Trust Fund,
at this time, until there has been a meeting of the minds. Mr. Manager, will
you go forth please and pull... give me all of those items, so that I can ask
for them to be pulled? Item two would be under that category.
Mr. Odio: Well, two is... CA-3.
Commissioner Plummer: Three. Oh, I see they pulled the public relations
portion of the Police Department out - CA-5.
Mr. Odio: Right.
Commissioner Plummer: What else?
Mr. Odio: That's it, I think.
Commissioner Plummer: That's it?
Mr. Odio: Yeah. But...
Commissioner Plummer: So I would ask that those two other items be pulled,
Mr. Mayor.
Commissioner Dawkins: Ask him what he wants to...
Commissioner Plummer: Then all of this high priced help of the Police
Department can go back to work.
Mr. Al Cotera: Could I be recognized for a second?
Commissioner Dawkins: Al wants to pull something.
Mayor Suarez: Al?
Mr. Cotera: Yeah, Al Cotera, president, Fraternal Order of Police. I spoke
briefly this morning with Commissioner Plummer...
Commissioner Plummer: Which one, Al?
11 December 10, 1992
10,
Mr. Cotera: I would like you to reconsider number two.
Commissioner Plummer: Number two is...
Mr. Cotera: CA-2. This is a program that's to fund...
Commissioner Plummer: Al, it's my intent to make...
Mr. Cotera: ...kids off the streets.
Commissioner Plummer: OK. I have no problem with the program, and it is my
intent that as soon as this is denied, to take and make a motion that it
become from the regular Police Department budget.
Mr. Odio: No.
Mr. Cotera: Well, this is not...
Commissioner Plummer: Yes.
Mr. Cotera: ...Police Department type stuff, and this is specifically for
what LETF (Law Enforcement Trust Fund) is for.
Commissioner Plummer: I understand that, but obviously there is a discrepancy
with this City Commission that we want more input on the LEEFTZYX Fund.
Mr. Cotera: LETF.
Commissioner Plummer: And at this point, there has not been a realization of
a
that.
Mr. Odio: So, you're going to take money that we don't have...
Commissioner Plummer: That is correct, sir.
Mr. Odio: Well, we don't have the money.
Commissioner Plummer: Well, you'll find the money, sir, because we are going
to readjust the budget as we did in the last Commission meeting.
Mr. Odio: But this is free money and it's sitting there...
Commissioner Plummer: Sir, you don't understand...
Mr. Odio: ...why would we take general funds...
Commissioner Plummer: ...what I'm saying.
Mr. Odio: No, I don't, sir.
Commissioner Plummer: And others don't, and until they understand, I'm going
to continue to do what we did in the last meeting.
Mr. Odio: Well, I'd like to withdraw the item, until we can...
12 December 10, 1992 '1
Commissioner Plummer: But I don't think it should be withdrawn.
Mr. Odin: It doesn't take...
Commissioner Plummer: I think it's a good program.
Mr. Odio: But why take general fund monies we don't have...
Commissioner Plummer: Because that some people don't understand.
Commissioner Dawkins: Because there is no such thing as free money. J.L...
Just a minute, J.L.
Commissioner Plummer: OK.
Commissioner Dawkins: There is no such thing as free money. I keep telling
you that. I said it at the last meeting and the meeting before that.
Commissioner Plummer: Hey! They could come in...
Commissioner Dawkins: There is no such item as free money.
Commissioner Plummer: No. It's crazy to think they can come in and talk with
use
Mayor Suarez: All right. Is the item withdrawn, Mr. Manager?
Mr. Odio: Yes, sir. It is.
Mayor Suarez: Which item is it? CA-2?
Mr. Odio: CA-2.
Commissioner Alonso: CA-2.
Mayor Suarez: All right. Let's see if we can...
Commissioner Plummer: Well, there's more than two, Mr. Mayor.
Mayor Suarez: All right.
Commissioner Alonso: May I ask a question?
Commissioner Plummer: Two and three.
Commissioner Alonso: May I ask a question?
Mayor Suarez: Commissioner Alonso.
13 December 10, 1992
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Commissioner Alonso: Has anyone any idea of what it's going to do to One Art,
Inc., if this item is withdrawn at this time? And perhaps they were counting
on funding at a specific time. i
Commissioner Plummer: How much 1s it, Madam?
Commissioner Alonso: I want you to know, $20,000, and this is a very fine
program...
Commissioner Plummer: I have...
Commissioner Alonso: ...one that helps the kids in our community and I'm
really...
Commissioner Plummer: Madam Commissioner, it was my intent...
Commissioner Alonso: ...distressed to see that they might be affected as a
result of our action today.
Commissioner Plummer: It was my intent, and if it's with your intent, that
the money be taken from the Police budget, the regular Police budget, and pay
this item. It's a very good program.
Commissioner Alonso: Well, the problem...
Commissioner Plummer: And I think...
Commissioner Alonso: The problem, as I see it, is once they are part of the
regular budget of the Police Department, they will have to be included every
year and they will lose the right...
Mr. Odio: That's right.
Commissioner Plummer: But they're not here under the regular budget.
Commissioner Alonso: If we include... Excuse me, Commissioner. They will
lose the right to be part of this type of funding and they will never be
allowed, by law, to receive funding from the Law Enforcement Trust Fund...
Mr. Cotera: ...Trust Fund.
Commissioner Alonso: ...and I really am very concerned, at this point, to do
this to an organization that provides such wonderful services to our
youngsters.
Mayor Suarez: Which item is that? CA what?
Mr. Cotera: CA-2.
Commissioner Alonso: CA-2.
Mayor Suarez: CA-2. Commissioner Dawkins?
14 December 10, 1992
4yyuRS T5�6 �
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Commissioner Dawkins: Mr. Manager, is this money that has already been
expended? Or is this money that they are going to spend?
Mr. Odio: No, they are going to.
Commissioner Dawkins: They are not... This has not been spent?
Commissioner Plummer: No.
Commissioner Alonso: No.
Mr. Odio: No. But they cannot continue the program if they don't have the
money.
Vice Mayor De Yurre: Well, may I make a suggestion?
Mr. Odio: What the Commissioner Alonso said is right on target. If we fund
It from the general fund budget, you will never be able to use...
Commissioner Dawkins: Why? Why?
Mr. Odio: It's the law.
Mr. Cotera: The law.
Commissioner Dawkins: No, no.
Commissioner Plummer: Wait. What's the law?
Mr. Odio: It's a State law.
Commissioner Dawkins: What's the law?
Commissioner Plummer: The general fund?
2 A. Quinn Jones III, Esq. (City Attorney): No, no.
ei
Mr. Odio: State law says that once you put an item in your regular budget...
Commissioner Plummer: Yeah.
A Mr. Odio: ...you can not fund it out of Law Enforcement Trust Fund.
Commissioner Dawkins: Well, we don't... That's what we're trying not to do.
Commissioner Plummer: Oh. That's what we're trying not to do, but people
around here don't understand that.
Commissioner Dawkins: We're trying not to fund out of Law... We want it to
come out of the general budget.
ii
Mr. Odio: Then...
15 December 10, 1992
Commissioner Plummer: We told you at the last... Mr. Manager, we told you at
the last meeting...
Mr. Odio: No, you didn't... You're trying to...
Commissioner Plummer: Sir, we told you, when you screamed and hollered, and
we took $60,000 out of the Police budget and paid for... Which program was
it?
Mr. Cotera: Regis.
Commissioner Plummer: Regis. OK. If that couldn't have told you right then
and there...
Vice Mayor De Yurre: Let me make a suggestion. I mean, let me wrap...
Mr. Odio: And that...
Commissioner Plummer: ...any clearer.
Mr. Odio: Right then and there I screamed, because now you will not be able
to fund that any more.
Commissioner Plummer: Sir.
Vice Mayor De Yurre: Guys. Hello?
Commissioner Plummer: Then that's your problem.
i
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Vice Mayor De Yurre: Hello? Hello? May I make a suggestion?
Mr. Odio: It's your problem.
Mayor Suarez: Commissioner De Yurre.
Vice Mayor De Yurre: Since we're talking about a meeting of the minds...
Mr. Odio: What minds?
Vice Mayor De Yurre: ...obviously some of these items, there is a meeting of
the minds.
Mr. Odio: There is none here.
Vice Mayor De Yurre: Some of these we do want. So, on those that we do want,
that there is a meeting of the minds on these individual items, let's approve
them. And the others that there isn't, let's hold them back.
Commissioner Plummer: Victor? Victor, I have said at this Commission
meeting, and I'm telling you, and I'm going to continue to tell you. Even
though the Administration says to me, and to this Commission, "That's illegal.
That's not proper," other cities are utilizing these funds and they've not
been indicted. They've not been called on the carpet. They have not had any
problems. They are using these funds for worthwhile City projects and are
16 December 10, 1992
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approved. All right? Now, let me tell you. I have a problem when I rind out
that our Police Chief is sitting on a committee to make these expenditures of
funds more difficult for this Commission to have anything to do with...
Mr. Odio: Wait, wait.
Assistant Chief Raul Martinez: Wait, wait. No, sir. It's not true.
Mr. Odio: Just a minute, Commissioners. That's not correct.
Assistant Chief Martinez: That's not correct.
Mr. Odio: The...
Commissioner Plummer: Excuse me?
Mr. Odio: Mr. Suarez... The... Mayor Suarez sent a...
Commissioner Dawkins: Mr. Mayor, I'm trying to get the floor.
Commissioner Plummer: Well, I'd like to finish and then I'll be glad...
Mayor Suarez: Well, yeah.
Commissioner Dawkins: Well, I wish you would, so I can...
Mayor Suarez: Let the Commissioner complete his inquiry, and if needs any
answers...
Commissioner Plummer: It's not an inquiry. It's just a statement...
Mayor Suarez: All right. Or statement.
Commissioner Plummer: ...that the Police Chief told me that he is sitting on
a committee, appointed by the Governor, to take and so-called tiding the
regulations for irregularities.
Mr. Odio: Yeah, that's true.
Commissioner Plummer:
That's a statement. OK?
Mr. Odio: But I mean, when I was referring...
Commissioner Plummer: This Commission has expressed to you that we want more
input into how those funds are spent. It's just that simple. Other cities,
as I told you, and I'll tell this Commission again... The City of Coral
Gables used those funds to buy a fire truck. Perfectly legal.
Commissioner Dawkins: Illegal.
Mr. Odio: It is not legal.
Commissioner Plummer: You keep saying it's not legal, but they keep doing it
and they're not called on the carpet.
17 December 10, 1992
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Mayor Suarez: OK. On the items, Commissioner Dawkins, what we need to do is
find out which ones you want to handle separately...
Commissioner Dawkins: No. I don't want to do that. I want the floor to
discuss the item...
Commissioner Plummer: How did they get away with it?
Commissioner Dawkins: ...just as J.L. Plummer did.
Mayor Suarez: All right.
Commissioner Plummer: How did they...
Mayor Suarez: But I am going to cut off discussion very soon, because...
Commissioner Dawkins: OK. That's great. I have no problem with that.
Mayor Suarez: All right. Because we have to follow this agenda.
Commissioner Dawkins: OK.
Mayor Suarez: We should be voting on all of the items that are on the consent
agenda, except the ones you want to be... that you need clarification on.
That's our procedure. Yes.
Commissioner Dawkins: OK. Yes. Mr. Manager, where is this program located?
Assistant Chief Martinez: It's at the old bread house. I think, it's
northwest...
Commissioner Dawkins: The what... Old what now?
Assistant Chief Martinez: The old... The old Holsum bread...
Commissioner Plummer: Meritta?
Commissioner Dawkins: Old what?
Commissioner Plummer: ...Bread. Bake house.
Assistant Chief Martinez: The old bread place by I-95.
Commissioner Dawkins: Bake house, right?
Assistant Chief Martinez: Yes, sir.
Commissioner Dawkins: OK. That's in... The participants are predominately
what?
Assistant Chief Martinez: I would assume they're predominately black and
Hispanic.
18 December 10, 1992
•
Commissioner Dawkins: Black and Hispanic. DO I am the same one who sat
here last year, when you people gave $100,000 to the Coconut Grove Playhouse,
in the white community, and I yelled and screamed and wanted $100,000 for the
black community, and you said I would get it. I did not get it. Now you
turned around this year, and gave another $100,000 to the Coconut Grove
Playhouse, which I have no problem with. I still don't have $100,000 for the
black community. But now you're going to come here with little penny ante....
penny ante drops in the buckets of $20,000 here, $20,000 there, and tell
Miller Dawkins, "See what we did in the black community?" No, no. Go find me
a program where you're going to give me a $100,000, and like J.L. Plummer
said, we've got a meeting of the minds. Until then, there is no meeting of
the minds. Mr. Commissioner...
Assistant Chief Martinez: Well, Mr. Commissioner...
Commissioner Alonso: Mr. Mayor...
Assistant Chief Martinez: The $100,000 that was given to Coconut Grove
Playhouse is for them to go to every Dade County School, in every community in
Dade County...
Commissioner Dawkins: And there is... I keep telling you, there are black
organizations that could go to every community, just like the white
organizations that go to every community. Now, give me a break. Now, don't
play with my intelligence.
Assistant Chief Martinez: You're right. You're right, sir. And if they
come...
Commissioner Dawkins: All right. Well, don't play with my intelligence now.
Assistant Chief Martinez: We're not, sir. But... And if they come to us for
funding, the Chief says he approves it, they will be funded.
Commissioner Dawkins: Well, why don't you turn it down? J.L. Plummer just
said, you fund what you want to fund. That you don't want to fund, you don't
fund.
Commissioner Plummer: That's right.
Assistant Chief Martinez: The Chief...
Commissioner Dawkins: Then you come here with little... And I'm going to
tell you, every time you come here with a little penny ante thing for the
black community, like $20,000, I'm going to fight it. Until you give me a
$100,000 to take to the black community like you did the Coconut Grove
Playhouse, so I can do something with it.
Commissioner Plummer: Mr. Mayor, it's my understanding...
Mayor Suarez: Wait, Commissioner. I've got...
Commissioner Plummer: ...that the Manager withdrew the issues and that ends
it.
19 December 10, 1992
Mayor Suarez: Commissioner Alonso yields to Commissioner Plummer.
Commissioner Plummer: Let's continue with the discussion.
Mayor Suarez: I'm sorry. Go ahead.
Commissioner Alonso: I have no choice.
Mayor Suarez: Complete your statement.
Commissioner Alonso: I was going to say, please... And I implore my fellow
Commissioners, that in the process of getting what we need to do in this
Commission, in reference to this funding. In the meantime, I think we have to
be careful not to affect certain organizations that need our support and help
as One Art does. I think they do need the $20,000 and if we move into this
direction, the only thing that we're doing at the present time is delay the
funding for this organization and others that might be waiting for this money
to come to them. So...
Mayor Suarez: I'm afraid that we're going to have to do what you suggest...
Commissioner Plummer: And you're not. They're finding ways.
Mayor Suarez: ...if the Commission supports it, Mr. Manager, which is those
items that we think are of extreme urgency to pass, if we have three votes,
we're going to pass them. Any... The whole global issue of the Law
Enforcement Trust Fund, we have once again to reconsider, whether it's today
or another time. And there is a memo from myself to Commissioner Alonso, and
to all of you, and the Chief, on some ideas on how to do it. But we're going
to have to... We have to follow some procedures here.
Mr. Odio: I...
Mayor Suarez: We have CA... Wait. Let's not withdraw anything, because I'm
hearing from...
Mr. Odio: I won't.
Mayor Suarez: ...Commissioner Kiconso that maybe she wants to put it to a vote
and move on some items that we may have consensus on. So...
Commissioner Alonso: I do hope that we can get three votes to approve this
item.
Mayor Suarez: Right.
Commissioner Alonso: Because it's important for this organization. I have
seen them working in the community. They have gone with me to areas as
Overtown to present programs. All through the City of Miami, they work with
the black community, they work with the Hispanic community. They are doing a
great job and I think they need the funding. So, I will move at this time
that we approve CA-2.
20 December 10, 1992
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Commissioner Dawkins: I second the motion, with this stipulation...
Mayor Suarez: CA-2 is moved and seconded. Yes, Commissioner?
Commissioner Dawkins: ...with the stipulation that this $20,000 is in no way
deducted from my $100,000 that I've got coming.
Commissioner Alonso: Of course, not.
Commissioner Dawkins: OK. Thank you.
Mayor Suarez: All right. With that understanding, we have a vote on CA-2.
Call the roll, please.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 92-768
A RESOLUTION AUTHORIZING THE FUNDING OF THE KIDS OFF
STREETS PROGRAM, AND ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $20,000, 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.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Let my... Whoa, whoa.
Ms. Hirai: I'm sorry, sir.
Commissioner Plummer: For the record, my negative vote is not against the
program. It is the method and procedure that is being followed to fund. It
is a negative vote to bring home some reality of the things that are not
running properly around this City. The taxpayer's of this community are
entitled to more than what they're getting.
Mayor Suarez: All right, sir.
21 December 10, 1992
y,
COMMENTS MADE AFTER ROLL CAR:
Commissioner Alonso: Yes, Mr. Mayor, if I may...
Mayor Suarez: Any other items that you need to handle separately?
Commissioner Alonso: I think this needs a clarification, because some people
watching at home might get confused. And I was the person moving this item,
and I don't want the misconception that we're giving away taxpayer's money,
which we are not. We are supporting a very fine organization with monies
collected from drug dealers, and alike, and this is a very important program.
I agree with Commissioner Plummer, and with the rest of the Commission, in
that we have to move forward in changing the regulations, so that we can fund _
more programs that serve our community and specific areas that need more
funding than others. So, I think it's important, for the record, this
clarification, because it could be misinterpreted by people who do not follow
every single City Commission, and do not understand exactly what he was
talking about in this specific case. Thank you.
Commissioner Plummer: There was no intent whatsoever, let the record also
reflect, the Bakehouse would not be in existence if it had not been for
Commissioner Plummer's initiative in the very beginning, and of course -
What's her name? - Mrs. Pancoast.
Mayor Suarez: Mr. Gonzalez-Goenaga, what items did you want to handle
separately, sir?
Mr. Gonzalez-Goenaga: I would like to handle... to speak separately on CA-3.
Mayor Suarez: That's already being considered separately. Any others?
Mr. Gonzalez-Goenaga: CA-7, 9, 10, 11, 12, 13, 14, 15 and 20. Just... But I
will group them together, because they are similar.
Mayor Suarez: All right. Why don't you go ahead and make your statement very
quickly.
Mr. Gonzalez-Goenaga: Good morning, citizens. Good morning, Commissioners.
We have been hearing about lack of money and for me, when I review this
agenda, at least the consent agenda, I think that we are going to give away
Christmas presents today to many independent contractors, which, for
example... I don't have any... I'm not questioning the integrity of Mr.
Andres Vargas Gomez as a protocol specialist. And I don't know what that, in
a sense, really means. I don't know if he speaks perfect English. I don't
know the kinds of services that he has performed before in the amount of
compensation that he has received.
Commissioner Plummer: Who's he talking about?
Mr. Gonzalez-Goenaga: I know that he is a...
Commissioner Plummer: Who's he talking about?
Commissioner Alonso: Vargas Gomez.
22 December 10, 1992
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Commissioner Plummer: Oh.
i
Mr. Gonzalez-Goenaga: ...a defender of the Cuban American National
Foundation. I know that he has... he also writes in the...
Commissioner Plummer: Excuse me, Manny. Are you talking about who, in
particular?
Mr. Gonzalez-Goenaga: CA-9 now.
Commissioner Plummer: CA-9?
Mr. Gonzalez-Goenaga: Yes. Because we are giving $36,000 in a contract.
Commissioner Plummer: Ah. OK.
Mr. Gonzalez-Goenaga: And that's...
Commissioner Plummer: I'll answer it, Mr. Mayor, when you're ready.
Mr. Gonzalez-Goenaga: Yes.
Commissioner Plummer: He is in the International Trade, of which I am
chairman.
Mr. Gonzalez-Goenaga: Yes. And the thing is that I don't know if he's the
best qualified person in this town. I would like to... And I'm not
questioning his patriotism back in Cuba, but now we are in the U.S., and I
know a lot of diplomats who would be willing to do this type of job. And I
wonder how he was approached and why he was particularly selected and if there were other candidates. Because, let me tell you something, a lot of people
say that I am nonsense, that I try to delay these proceedings, but just by
hearing some of you Commissioners, I think that I have a little bit more of
common sense than some of you. And I would like to know why, if any other
candidates were presented or approached for this particular... what are the
services he performs to get this giveaway of $36,000? Could I have an
explanation, please?
Commissioner Plummer: Mr. Mayor?
Mayor Suarez: Yes, Commissioner.
Commissioner Plummer: If you wish a response, I'll be glad to. If you don't
wish, I will be also glad not to respond. Whatever you wish.
Commissioner Dawkins: Don't respond.
Mayor Suarez: Yeah. That's fine. Unless any Commissioner wants to inquire,
we'll just take his statement. Anything else, Mr. Gonzalez-Goenaga?
Mr. Gonzalez-Goenaga: Well, then I go on to the other ones. These Christmas
I resents on December the loth. And then on CA-14 and 15, now I'm wondering
why do we need a Legal Department in the City of Miami? I have not seen, at
least in this agenda, one lawsuit that this...
23 December 10, 1992
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Commissioner Plummer: He and I at least agree on one thing.
Mr. Gonzalez-Goenaga: ...Legal Department has won.
Mayor Suarez: They don't report the ones they win. They report the ones that
require Commission approval to pay or settle.
Mr. Gonzalez-Goenaga: And then, regarding the CA-20, beautification with a
gateway in the Wynwood community.
Commissioner Plummer: CA-20.
Mr. Gonzalez-Goenaga: Well, let's forget that at the present moment. Mr.
Mayor, go through the streets in Wynwood, through every corner. Who has the
use of making a facade when the heart is dirty?
Mayor Suarez: Mr. Gonzalez-Goenaga, you directed that at me, and I'm going to
suggest to you, sir...
Mr. Gonzalez-Goenaga: Well, to...
Mayor Suarez: Listen Mr. Gonzalez-Goenaga, I'm answering you. That you
direct yourself to the Community Development meetings that they've had. This
is a recommendation of the community, sir. If you were present, you would
have known that the community really wants this badly. All right? Anything
further?
Mr. Gonzalez-Goenaga: No, what we need is to clean those streets.
Mayor Suarez: That's part of it. But they also want something more than just
clean streets.
Mr. Gonzalez-Goenaga: Yeah. And...
Mayor Suarez: They want a facade improvement program on N.W. 2nd and they
want a lot of other things.
Mr. Gonzalez-Goenaga: OK. And then we also forgot to say... to mention, at
the beginning, that another simple person of the community died, Mr. Felipe
Alameda.
Mayor Suarez: All right, sir. I think you have...
Mr. Gonzalez-Goenaga: And regarding the CA-3...
Mayor Suarez: I think you have his first name wrong, but that's OK.
Mr. Gonzalez-Goenaga: Felipe Alameda? Fermin Alameda.
Mayor Suarez: There we go.
Mr. Gonzalez-Goenaga: But you know him better than I do, and you haven't even
answered the letters that the community sent to you, Mr. Mayor.
24 December 10, 1992
Mayor Suarez: I just corrected you on the first name. Anything else?
Mr. Gonzalez-Goenaga: OK. Well, the CA-3. Well, we have monkeys, rats,
cockroaches, and now more German Shepherds. I hope that the German Shepherds
will protect me more than the police.
Mayor Suarez: There we go. All right, sir.
Mr. Gonzalez-Goenaga: Thank you very much. That's all for the consent
agenda.
Mayor Suarez: On the items CA-1 through CA-22, with the exception of 4, 5,
14, 15...
Commissioner Plummer: No, five has been withdrawn, Mr. Mayor.
Mayor Suarez: All right. I'm sorry. Four, 14, 15, and 18, I'll entertain a
motion.
Commissioner Dawkins: I thought.
Commissioner Plummer: Eighteen has been withdrawn also.
Commissioner Dawkins: Didn't we move four?
Mayor Suarez: I don't think we have yet.
clarification on that.
Commissioner Plummer: Four was mine.
Commissioner Dawkins: Oh, I'm sorry.
Mayor Suarez: With the exception...
Let me... We'll get a
Commissioner Plummer: I'll withdraw it, Mr. Mayor. It was just the idea that
I didn't have the amount of money that was being paid.
Mayor Suarez: All right. So, with the exception, then, of items, how about
three do you have any problems with that?
Commissioner Plummer: Three? Yes, of course. Wait a minute. Where is it
being paid from? That's withdrawn until another meeting. Deferred, excuse
me.
Mayor Suarez: No. We're not withdrawing them. We're not withdrawing them at
this point. We're just leaving them out of the vote on the consent agenda.
Commissioner Plummer: Oh, OK. Oh, I'm sorry. All right.
Mayor Suarez: And then we'll take them each one by one.
Commissioner Plummer: Excuse me, I...
25 December 10, 1992
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Mayor Suarez: All right. With the exception of items S, 4, 14 and 15, I'll
entertain a motion on the consent agenda.
Commissioner Plummer: So moved.
Commissioner Alonso: Moved.
Mayor Suarez: Moved and seconded by Commissioner Alonso. Call the roll.
THEREUPON, MOTION DULY MADE BY COMMISSIONER PLUMMER
AND SECONDED BY COMMISSIONER ALONSO, THE CONSENT
AGENDA ITEMS WERE PASSED AND ADOPTED BY THE FOLLOWING
VOTE:
AYES: Commissioner Miriam Alonso
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: In principle... I have no problems with it. But I
have to vote no in principle.
Commissioner Plummer: You're voting no on...
Commissioner Dawkins: The consent agenda. In principle... I have no...
Just in principle.
Commissioner Plummer: OK.
Commissioner Dawkins: OK. No problem.
Commissioner Plummer: I hear you.
6.1 CLASSIFY ONE CITY VEHICLE AS SURPLUS CATEGORY A STOCK -- DONATE TO
SHORECREST HOMEOWNERS ASSOCIATION TO ASSIST IN THEIR EFFORTS AGAINST
CRIME.
RESOLUTION NO. 92-769
A RESOLUTION CLASSIFYING ONE (1) SURPLUS CITY VEHICLE
AS CATEGORY "A" STOCK, SHOULD SUCH A VEHICLE BECOME
AVAILABLE AS SURPLUS CITY STOCK; FURTHER DONATING THE
SAME TO THE SHORECREST HOMEOWNERS ASSOCIATION, MIAMI,
FLORIDA, ("SHORECREST"), SUCH DONATION TO BE VALID AND
EFFECTIVE BETWEEN OCTOBER 8, 1992 AND OCTOBER 7, 1993,
UPON THE EXECUTION OF THE APPROPRIATE RELEASE
DOCUMENTS; SAID VEHICLES TO BE USED BY SHORECREST TO
REPLACE ONE SHORECREST CAR, IN ITS EFFORTS TOWARD
DETERRING CRIME.
26 December 10, 1992
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(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6.2 APPROVE ST. JOHN COMMUNITY DEVELOPMENT CORPORATION AS PROJECT SPONSOR OF
A 21-UNIT AFFORDABLE RENTAL HOUSING PROJECT ON CITY -OWNED 2055 N.W. 3
AVENUE -- AUTHORIZE MEMORANDUM OF AGREEMENT.
RESOLUTION NO. 92-770
A RESOLUTION, WITH ATTACHMENTS, RELATING TO THE
DEVELOPMENT OF A 21-UNIT AFFORDABLE RENTAL HOUSING
PROJECT PLANNED FOR DEVELOPMENT ON CITY -OWNED PROPERTY
LOCATED AT 2055 NORTHWEST 3RD AVENUE (THE "PARCEL")
SITE BY THE ST. JOHN COMMUNITY DEVELOPMENT CORPORATION
(A NOT -FOR -PROFIT CORPORATION); RATIFYING, APPROVING
AND REAFFIRMING RESOLUTION NO. 92-304, ADOPTED MAY 14,
1992, WHEREBY THE MIAMI CITY COMMISSION APPROVED, IN
PRINCIPLE, THE AFOREMENTIONED NOT -FOR -PROFIT
CORPORATION AS THE PROJECT SPONSOR TO UNDERTAKE THE
DEVELOPMENT OF A LOW DENSITY RESIDENTIAL PROJECT TO BE
LOCATED ON SAID PARCEL; ESTABLISHING $20,000 AS THE
ACQUISITION AMOUNT TO BE PAID TO THE CITY BY THE
PROJECT SPONSOR; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE APPROPRIATE LEGAL DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR CONVEYANCE OF THE
PARCEL, WHICH IS MORE PARTICULARLY AND LEGALLY
DESCRIBED IN THE ATTACHED EXHIBITS "A" AND "B", TO THE
ST. JOHN COMMUNITY DEVELOPMENT CORPORATION; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM
OF AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY OF MIAMI AND ST. JOHN
COMMUNITY DEVELOPMENT CORPORATION IN CONNECTION WITH
THE PROPOSED HOUSING PROJECT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6.3 EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH A. FOSTER HIGGINS AND CO.,
INC. -- FOR EXPERT ACTUARIAL ASSISTANCE IN PENSION MATTERS ($40,000).
RESOLUTION NO. 92-771
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM HERETO, WITH THE
FIRM OF A. FOSTER HIGGINS & CO., INC. FOR EXPERT
ACTUARIAL ASSISTANCE IN PENSION MATTERS AT A COST NOT
TO EXCEED $40,000 WITH FUNDS THEREFOR ALLOCATED FROM
THE PENSION ADMINISTRATION TRUST FUND.
27 December 10, 1992
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6.4 APPROVE GRANT OF EASEMENT TO FLORIDA DEPARTMENT OF TRANSPORTATION FOR
ITS CONSTRUCTION / INSTALLATION / MAINTENANCE OF NEW FENDER SYSTEM AND
APPURTENANCES ON AND OVER CITY OF MIAMI SUBMERGED BAY BOTTOM LAND OF
BISCAYNE BAY LOCATED IN THE INTRACOASTAL WATERWAY.
RESOLUTION NO. 92-772
A RESOLUTION, WITH ATTACHMENT, APPROVING A GRANT OF
EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE
FLORIDA DEPARTMENT OF TRANSPORTATION FOR ITS
CONSTRUCTION, INSTALLATION AND MAINTENANCE OF NEW
FENDER SYSTEM AND APPURTENANCES ON AND OVER CITY OF
MIAMI SUBMERGED BAY BOTTOM LAND OF BISCAYNE BAY,
LOCATED IN THE INTRACOASTAL WATERWAY, ADJOINING THE
SOUTHERLY RIGHT OF WAY OF STATE ROAD A-1-A (MACARTHUR
CAUSEWAY); FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID GRANT OF EASEMENT ON BEHALF OF THE CITY.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6.5 EXECUTE AGREEMENT WITH ANDRES VARGAS-GOMEZ AS CONSULTANT -- TO PERFORM
THE SERVICES OF INTERNATIONAL PROTOCOL SPECIALIST ($36,000).
RESOLUTION NO. 92-773
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH ANDRES VARGAS-GOMEZ, CONSULTANT,
TO PERFORM THE SERVICES OF INTERNATIONAL PROTOCOL
SPECIALIST, FOR THE PERIOD OF OCTOBER 1, 1992 THROUGH
SEPTEMBER 30, 1993, IN THE AMOUNT OF $36,000.00;
ALLOCATING FUNDS THEREFOR FROM THE INTERNATIONAL TRADE
BOARD BUDGET.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6.6 EXECUTE AGREEMENT WITH SANDRA W. JOICE AS CONSULTANT -- TO PERFORM THE
SERVICES OF INTERNATIONAL ECONOMIST ($36,000).
RESOLUTION NO. 92-774
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH SANDRA W. JOICE, CONSULTANT, TO
PERFORM THE SERVICES OF INTERNATIONAL ECONOMIST, FOR
THE PERIOD OF OCTOBER 1, 1992 THROUGH SEPTEMBER 30,
1993, IN THE AMOUNT OF $36,000.00; ALLOCATING FUNDS
THEREFOR FROM THE INTERNATIONAL TRADE BOARD BUDGET.
28 December 10, 1992
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(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6.7 EXECUTE AGREEMENT WITH MANUEL ARQUES AS CONSULTANT -- TO PERFORM THE
SERVICES OF TRADE MISSION COORDINATOR ($18,000).
RESOLUTION NO. 92-775
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH MANUEL ARQUES, CONSULTANT, TO
PERFORM THE SERVICES OF TRADE MISSION COORDINATOR, FOR
THE PERIOD OF OCTOBER 1, 1992 THROUGH SEPTEMBER 30,
1993, IN THE AMOUNT OF $18,000.00; ALLOCATING FUNDS
THEREFOR FROM THE INTERNATIONAL TRADE BOARD BUDGET.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6.8 EXECUTE AGREEMENT WITH MANUEL J. GONZALEZ AS CONSULTANT -- TO PERFORM
THE SERVICES OF MARKETING SERVICES COORDINATOR ($42,000).
RESOLUTION NO. 92-776
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH MANUEL J. GONZALEZ, CONSULTANT, TO
PERFORM THE SERVICES OF MARKETING SERVICES
COORDINATOR, FOR THE PERIOD OF OCTOBER 1, 1992 THROUGH
SEPTEMBER 30, 1993, IN THE AMOUNT OF $42,000.00;
ALLOCATING FUNDS THEREFOR FROM THE INTERNATIONAL TRADE
BOARD BUDGET.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6.9 ALLOCATE $18,000 AS COMPENSATION TO SPECIAL COUNSEL FOR THE CIVIL
SERVICE BOARD.
RESOLUTION NO. 92-777
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$18,000 FROM THE FY '92-93 BUDGETED FUNDS OF THE CIVIL
SERVICE OFFICE, ACCOUNT NO. 240101-250, FOR PAYMENT OF
COMPENSATION TO SPECIAL COUNSEL FOR THE CIVIL SERVICE
BOARD.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
29 December 10, 1992
6.10 ACCEPT GRANT ($16,000) FROM THE US SMALL BUSINESS ADMINISTRATION THROUGH
FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES -- FOR THE
PLANTING OF TREES IN LUMMUS PARK.
RESOLUTION NO. 92-778
A RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF
$16,000 FROM THE U.S. SMALL BUSINESS ADMINISTRATION
THROUGH THE FLORIDA DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES UNDER THE SMALL BUSINESS
ADMINISTRATION TREE PLANTING PROGRAM FOR THE PLANTING
OF TREES IN LUMMUS PARK, LOCATED AT 404 NORTHWEST 3RD
STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6.11 ACCEPT ($1,233) GRANT FROM THE US AMERICA THE BEAUTIFUL URBAN AND
COMMUNITY FORESTRY GRANT PROGRAM (THROUGH FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES) -- FOR THE PLANTING OF COCONUT PALMS
IN PEACOCK PARK (2820 McFarlane Road).
RESOLUTION NO. 92-779
A RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF $8,122
FROM THE U.S. AMERICA THE BEAUTIFUL URBAN AND
COMMUNITY FORESTRY GRANT PROGRAM THROUGH THE FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES FOR
THE PLANTING OF COCONUT PALMS IN PEACOCK PARK, LOCATED
AT 2820 MCFARLANE ROAD, MIAMI, FLORIDA; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S),
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PURPOSE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
30 December 10, 1992
i
i
i
6.12 APPROVE, IN PRINCIPLE, PLAN PROPOSED BY THE COCONUT GROVE CHAMBER OF
COMMERCE ENTITLED: "COCONUT GROVE WALK OF FAME PROJECT" -- TO INLAY
PLAQUES IN SIDEWALK AREA OF COCONUT GROVE BUSINESS DISTRICT HONORING
DESIGNATED INDIVIDUALS WHO HAVE HAD IMPACT ON POSITIVE GROWTH OF COCONUT
GROVE.
RESOLUTION NO. 92-780
A RESOLUTION, WITH ATTACHMENT, APPROVING, IN
PRINCIPLE, THE IMPLEMENTATION, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, OF THE PLAN PROPOSED BY THE COCONUT
GROVE CHAMBER OF COMMERCE ENTITLED "COCONUT GROVE WALK
OF FAME PROJECT', TO INLAY PLAQUES IN THE SIDEWALK
AREA OF THE COCONUT GROVE BUSINESS DISTRICT HONORING
INDIVIDUALS WHO HAVE HAD AN IMPACT ON THE POSITIVE
GROWTH OF COCONUT GROVE, SAID APPROVAL BEING SUBJECT
TO COMPLIANCE WITH ALL CITY, STATE AND COUNTY
REGULATIONS AND TO THE FOLLOWING CONDITIONS: 1) THE
NAMES AND BACKGROUNDS OF ALL COCONUT GROVE WALK OF
FAME NOMINEES SHALL BE PERIODICALLY SUBMITTED TO THE
COCONUT GROVE STANDING FESTIVAL COMMITTEE FOR
RECOMMENDATION TO THE CITY COMMISSION AND THE CITY
COMMISSION'S APPROVAL SHALL BE OBTAINED PRIOR TO THE
ISSUANCE OF PERMITS BY THE CITY; 2) THE COCONUT GROVE
CHAMBER OF COMMERCE SHALL ENTER INTO AN AGREEMENT WITH
THE CITY, IN SUBSTANTIALLY THE FORM ATTACHED, AND IN
CONFORMANCE WITH THE REQUIREMENTS OF THE PUBLIC WORKS
DEPARTMENT AND THE CITY ATTORNEY, FOR THE INSTALLATION
AND MAINTENANCE OF SAID PLAQUES; 3) THE COCONUT GROVE
CHAMBER OF COMMERCE SHALL SUBMIT TO THE CITY, ON AN
ANNUAL BASIS, A CERTIFIED AUDIT PREPARED BY AN
INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT (C.P.A.);
FURTHER, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, WITH
THE COCONUT GROVE CHAMBER OF COMMERCE FOR THE
IMPLEMENTATION OF THE "COCONUT GROVE WALK OF FAME
PROJECT."
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
31 December 10, 1992
Wjl.Y -" _ :..::. .,..trot"_v:.'titi�+w�.n✓"rslt:'wv*��'Wrh-u!$4AX. ib!9YdMy`.;}ytk
6.13 APPROVE INSTALLATION OF GATEWAY
AVENUE AND 29 STREET AND N.W.
COMMUNITY, AS PART OF PREVIOUSLY
PROJECT.
FEATURES AT INTERSECTIONS OF N.W. 2
2 AVENUE AND 36 STREET IN WYNWOOD
APPROVED N.W. 2ND AVENUE BEAUTIFICATION
RESOLUTION NO. 92-781
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE
INSTALLATION OF GATEWAY FEATURES, WITH CONDITIONS, IN
SUBSTANTIALLY THE ATTACHED DESIGN, AT THE
INTERSECTIONS OF NORTHWEST 2ND AVENUE AND 29TH STREET
AND NORTHWEST 2ND AVENUE AND 36TH STREET, IN THE
WYNWOOD COMMUNITY, MIAMI, FLORIDA, AS PART OF THE
PREVIOUSLY APPROVED NORTHWEST 2ND AVENUE
BEAUTIFICATION PROJECT, ALLOCATING FUNDS THEREFOR FROM
PREVIOUSLY ALLOCATED 17TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6.14 RECOGNIZE TAX-EXEMPT STATUS CLAIMED BY IGLESIA BAUTISTA RENACER INC. --
SUPPORT THEIR REQUIREMENT FOR REIMBURSEMENT OF $4,405.20 PREVIOUSLY PAID
BY THE ORGANIZATION.
RESOLUTION NO. 92-782
A RESOLUTION RECOGNIZING THE TAX-EXEMPT STATUS CLAIMED
BY IGLESIA BAUTISTA RENACER INC., A RELIGIOUS
ORGANIZATION, IN SUPPORT OF ITS REQUEST FOR A
REIMBURSEMENT IN THE AMOUNT OF $4,405.20, SAID SUM
BEING CONFIRMED AS THE AMOUNT RECEIVED BY THE CITY AS
A RESULT OF THE ORGANIZATION'S NONCOMPLIANCE WITH THE
FILING REQUIREMENT FOR TAX-EXEMPT STATUS OF PROPERTY
LOCATED WITHIN THE CITY OF MIAMI; FURTHER DESIGNATING
PROPERTY TAX ACCOUNTS IN THE GENERAL FUND AND GENERAL
OBLIGATION DEBT SERVICE FUND FOR SUCH PAYMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6.15 ACCEPT PLAT: EDISON TERRACE APARTMENTS.
RESOLUTION NO. 92-783
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED EDISON TERRACE APARTMENTS, 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.
32
December 10, 1992
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
COMMENTS MADE AFTER ROLL CALL:
Commissioner Dawkins: I'm glad I unconfused you.
Commissioner Plummer: Can I ask a question on one item, on 21, Mr. Manager?
Mayor Suarez: Yes.
Commissioner Plummer: Is that a church? I know IGLESIA in Spanish is the
word church.
Mr. Carlos Garcia: Yes, it is.
Commissioner Plummer: But I also see that it's a corporation.
Mr. Garcia: They are a religious corporation, yes.
Commissioner Alonso: They are nonprofit. And they are not taxable.
Mr. Garcia: Right.
Ms. Hirai: Carlos?
Commissioner Alonso: The only thing is when they changed from one occupant to
the next, a mistake was made and they were taxed for that year, and as a
result, Dade County did exactly what we are doing now and...
Commissioner Plummer: Where are they located?
Commissioner Alonso: They are located on 12th Avenue and...
Mr. Garcia: On 12th Avenue. It used to be a synagogue before.
Commissioner Alonso: Yes.
Mr. Garcia: It's not a church.
Commissioner Alonso: Yes.
Mr. Garcia: Twelfth Avenue and 14th Street, I believe.
Commissioner Alonso: Yes.
Commissioner Plummer: Oh, OK.
Mr. Garcia: On the left-hand side.
Commissioner Plummer: OK. All right. I just...
Mayor Suarez: OK?
33 December 10, 1992
Commissioner Plummer: The question I had was that it was a corporation. It
was like a business.
Mayor Suarez: We've called the roll on the consent agenda...
Commissioner Alonso: That's the same impression it gave me when it name.
7. PLAQUES PRESENTED TO CITY COMMISSIONERS BY THE METRO MIAMI ACTION PLAN
BOARD OF DIRECTORS.
Mayor Suarez: Before we get back to specific items, Dr. Smith...
Commissioner Dawkins: What are we on now?
Mayor Suarez: ...and Mr. Dubois... I hope I pronounced that correctly in the
French way. Did you want to make a quick presentation? Oh, you're going to
come all the way up to the...
Commissioner Dawkins: What are we on now?
Mayor Suarez: It's a ceremonial item that we skipped.
Commissioner Dawkins: Oh.
Mayor Suarez: We have Dr. Marzell Smith here from MMAP (Metro Miami Action
Plan) and Mr. Sherwood Dubois.
Commissioner Plummer: Bringing money? Bringing money?
Dr. Marzell Smith: Mr. Mayor, Vice Mayor, members of the Commission, Marzell
Smith of the Metro Miami Action Plan. We just celebrated our tenth year
anniversary of performance in this community and the City of Miami Commission
and Commissioners have been very supportive of the work of the Metro Miami
Action Plan all those years. So, in appreciation for that support, we have
some plaques that we want to present to each Commissioner. And it reads...
All of them have the same thing on them, Commissioner Dawkins. "In
appreciation, the Metro Miami Action Plan's Board of Trustees most gratefully
presents this plaque to the name of the Mayor and the Commissioners - to
recognize outstanding service, commitment, and leadership in addressing the
concerns and issues affecting Dade's black and poor residents." Today's date.
Thank you so much. And I'm glad we're here, Mr. Plummer, because 1 know we
have a place for you all to use $100,000. We will be presenting that to you.
Thank you so much.
Commissioner Dawkins: Let me say something. Let me say something, Mr. Mayor.
OK. All right. Let me say something. You know, it's amazing that for ten
years nothing ever happened like this and as soon as a good Omega man became
the director, you get something like this. Did they give J.L. one?
34 December 10, 1992
Commissioner Plummer: I get two.
Commissioner Alonso: Oh, yes.
Mayor Suarez: And I'll be using it in campaigns.
8. APPROVE PURCHASE OF 4 PUREBRED GERMAN SHEPHERD DOGS ($12,000) FROM LAW
ENFORCEMENT TRUST FUND.
Mayor Suarez: All right. item CA-3. You wanted a clarification. Or
actually, you were hoping that we would take this up, Commissioner Plummer,
after we have conceivably, or presumably, readjusted the whole process of LETF
(Law Enforcement Trust Fund) funding?
Commissioner Plummer: Correct, sir.
Mayor Suarez: Does any Commissioner wish to try to take up the cause of item
CA-3? If not, Mr. Manager, why don't we withdraw it, rather than have to move
to... Do you need the item done, Mr. Manager?
Mr. Cesar Odio (City Manager): Sir, we need...
Mayor Suarez: All right. Please tell us why and maybe we'd get a...
Commissioner Alonso: Yeah. I was going to suggest that.
Mayor Suarez: ...majority vote here.
Commissioner Plummer: Getting caved...
Assistant Chief Raul Martinez: We have a...
Commissioner Plummer: Cave in and give them their way. OK.
Mayor Suarez: The objections are noted. The objections are based on the
entire way the program is being handled.
Mr. Odio: You know, I can understand you trying to change the way we do
business in the Law Enforcement Trust Fund. But what I cannot understand is
that in the process we destroy everything else. We need the dogs. We need
the...
Mayor Suarez: Question... Then, question, because the last memo that I
sent... I'm not sure if I sent it as a draft or as an actual memo. The Chief
apparently has problems with that. Does anybody... Can... No? Mr.
Assistant Chief Martinez...
Assistant Chief Martinez: The... In fact, the Chief responded. The Chief
had a memo, prior to your memo, which basically he... in a lot of the issues
you're both mentioning...
!' 35 December 10, 1992
t
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Mayor Suarez: The old get him with the memo prior to his memo trick.
Commissioner Plummer: Yep.
Assistant Chief Martinez: Well, I'm not sure whose memo came first.
Mayor Suarez: That the proposal was basically to have an advisory board...
Assistant Chief Martinez: Right.
Mayor Suarez: ...that would recommend to the Chief...
Assistant Chief Martinez: Correct.
Mayor Suarez: ...headed by one of our members, Commissioner Alonso in this
case, and each Commissioner would appoint an additional person.
Assistant Chief Martinez: And...
Mr. Odio: I'll speak for the Chief. I have no problem with that and he won't
have any problem...
Mayor Suarez: All right.
Assistant Chief Martinez: And I'll tell you, the Chief's memo says exactly
the same thing. He's got no problem with the Commissioners forming an
advisory committee.
Mayor Suarez: And that way, hopefully, as indicated today, there would be a
reflection of the community's needs related to law enforcement. The one thing
the Chief did say, and I think rightly so, is that there are a few special
needs of the department that are not recurring, but can be funded by LETF,
which he wants to give high priority to. And I think we would...
Assistant Chief Martinez: Yes, sir.
Mayor Suarez: We would go along with that. I can't imagine this...
Assistant Chief Martinez: Yes, sir.
Commissioner Alonso: And any advisory committee will certainly look into that
as a priority...
Mayor Suarez: Absolutely.
Commissioner Alonso: ...and understand that the case demands some...
Mayor Suarez: See, you can't assume that just because we're involved...
Commissioner Alonso: ...give the attention that is necessary.
Mayor Suarez: ...that we're somehow going to get into thing's that are not law
enforcement related. That... You know, that's just not the way we function.
36 December 10, 1992
F
Mr. Odio: Well, no. Because... Every time we...
Mayor Suarez: But when we do get confronted with a very nice $30,000 parade
float, you know, we think there may be some things in the community that have
higher priority. Although, once that is explained to a committee, the
committee comes back with the... presumably the endorsement of one of our
members. Maybe it should... it turns out that that is a great, great thing
to highlight the Police Department...
Commissioner Plummer: You're going to appoint Commissioner Alonso to that?
Mayor Suarez: Well, I'm going to ask this Commission to do it. Yeah.
Commissioner Alonso: Yeah. I was waiting to respond on memo to the...
Commissioner Plummer: No, because... Then what I want to do...
Commissioner Alonso: ...Chief and that's what I...
Mayor Suarez: Because Commission Awareness...
Commissioner Plummer: Then on Commission Awareness, I'll take in and resign
from that portion of it. Because if you're going to... You can't have the
two working in opposition, or in conjunction together.
Mayor Suarez: Well, the items that... The items that are clearly law
enforcement, we need your input on that.
Commissioner Plummer: But if you're going to have... Are you saying it's
going to go from an advisory committee...
Mayor Suarez: To the Commission...
Commissioner Plummer: ...into the Commission Awareness Committee?
Mayor Suarez: Well...
Commissioner Plummer: Is that...
Mayor Suarez: However you want to handle it. I don't want to sidestep...
Commissioner Plummer: I'm asking. I don't know. This is the first I've
heard of this so-called committee. I never received such a memo.
Mayor Suarez: We can do it that way. I have no problem with doing it that
way.
Commissioner Plummer: If that's the way it's going to go, that's fine.
Now... But that's what I...
Mayor Suarez: They, hopefully, would have the endorsement of two
Commissioners, and then it will be that much easier to pass it.
F
37 December 10, 1992
�V
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Commissioner Plummer: But as you know, it has to be separate and apart, 1f
nothing more, by virtue of the Sunshine Law.
Mayor Suarez: I think it would be very helpful if, when it came to this
Commission, you would have looked at it as Commission Awareness. But I don't
think that has to be a formalized committee. The committee would be
recommending directly to the Chief and would be headed by one of our members.
Commissioner Plummer: And then it would go to Commission Awareness before it
came here?
Mayor Suarez: I think it would make sense to pass it through Commission
Awareness.
Commissioner Plummer: That's fine. That's fine. OK. Mr. Mayor, let me tell
you something, and I'm going to say it as I've said to Don March. Other
cities are utilizing these monies for other projects. It is my understanding,
right or wrong, and it could be wrong, and if so, then we should know that,
but we don't at this particular time. The city in Palm Beach is using some of
these funds, with a very cleverly designed program, for overtime. For
overtime. And they are approved. The city of Coral Gables, as I have said
here many times, right or wrong, but nobody has called them on the carpet,
have used it for needed city kinds of projects. OK? Automobiles. You know,
you're looking at all of this and we keep sitting here accepting that it can't
be done. Now, are we so smart and they're so dumb...
Mayor Suarez: I think the first thing the committee ought to handle is the
issue of those kinds of prioritizations and whether the law allows that and
make a recommendation to this Commission, J.L.
Commissioner Plummer: And, Mr. Mayor, if it is not the case, we have
lobbyists, we go to Tallahassee, and say hey!
Mayor Suarez: We've made that a priority for our legislative...
Commissioner Plummer: OK? You know...
Mayor Suarez: We'd like to have more freedom in dealing with these funds.
Commissioner Plummer: We have a Police Department today that is drawing over
a $100,000,000 a year. Now, where is all that money going?
Assistant Chief Don March: Mr. Mayor, if I could just say briefly...
Mayor Suarez: Yes, Chief March.
Assistant Chief March: To address Mr. Plummer's comments, number one with
regards to...
Mayor Suarez: At your own risk. Go ahead, Chief.
Assistant Chief March: ...the way the Miami Police Department does thing
under LETF, if I'd make two observations. Number one, we play, I believe, and
I think it's strongly supported by our history, a leadership role with regards
38 December 10, 1992
•
to the willingness on the part of the Police Department to utilize these funds
for what are deemed social programs, constructive programs that reach in at
the causes of the crime versus strictly operational programs. And we've had
some criticism about that. And when the law itself was being debated in
various legislative sessions, there are some who would argue that under no
circumstances should these monies be used for those kinds of programs. We
don't feel that way, as is evidenced by our history. That's number one.
Number two, with regards to some of the things that other Police agencies do
with these funds, and I want to address them individually. But the meeting
that the Chief is in, and there are other meetings that have occurred on this
subject, have to do with... and you use the word calling on the carpet...
there are some who have criticized Police agencies for the manner in which
they generate these funds, and then the manner in which they utilize these
funds, as being contrary and inconsistent with the legislative intent. And we
have to fight that every year. And we jealously guard our ability to have an
LETF. And sometimes, when I think maybe you sense conflict between our
organization and the Commission, I would ask that you give us the benefit of
the doubt and see if you can't recognize, in that opposition, an attempt on
our part to go by the rules, so that we don't jeopardize that statute. We
don't jeopardize the future ability to obtain these funds for purposes of
augmenting our efforts in this community with regards to crime. That's the
only point I want to make.
Commissioner Plummer: Don, do you know of one time, in the history of this
fund, in which the State has recalled from a City and said, "You did wrong"?
Assistant Chief March: I believe that there are issues now that are being...
Commissioner Plummer: My question was simple. Yes or no?
Assistant Chief March: OK. We're...
Commissioner Plummer: Do you know of one yes or no?
Assistant Chief March: We're falling into that again. I don't know of an
instance where the State has come back and tried to seize assets, or recover
assets that were distributed for a program and where the allegation was made
that it was done wrongfully. I do not that that has... that those
allegations have been made in committee, and are part of the efforts to pull
the law. Now, Don... Don, do you know of any instance where...
Assistant Chief Martinez: What Don says, there have been hearings against
cities. They have been cited for abuse of LETF funds.
Commissioner Plummer: But not one has been taken back, to my knowledge.
Assistant Chief Martinez: I don't think so.
Commissioner Plummer: OK? Look, all I'm saying to you, the taxpayers of this
town are screaming at us that their taxes are damn high, and they are. OK?
If I can find a way to take those monies and reduce the tax burden of the
people of this City, that's what I'm trying to do. I've not said that you're
doing wrong with the program. I think that what we were told at the last
meeting here was... bordered on arrogance that the Chief had reviewed and
39 December 10, 1992
µ
would not review again until next year, on a particular given program. I
think that was wrong. And because of that is why I made the motion that I
did, that the money come from the Police budget, and we readjusted the budget.
Now, that was... You know, that's his right to do such. Programs, fine. And
if we don't fund them there, we're going to fund them somewhere else. But
what I'm saying is, that if you have 2.6 million dollars that can be used to
run our Police Department, and reduce the tax burden on the taxpayers, I think
they're entitled to it. OK? And I cannot believe... I'm sorry. I cannot
believe that other cities are smarter than we are.
Mayor Suarez: We're trying to be as...
Commissioner Dawkins: Move the agenda.
Mayor Suarez: ...as little constrained as we possibly can.
Lt. Joseph Longueira: That's specifically prohibited. That's prohibited.
Mayor Suarez: And so we're in basic agreement.
Commissioner Dawkins: Move the agenda.
Mayor Suarez: OK. On Item CA-4 now.
Commissioner Plummer: I pulled that out.
Commissioner Plummer: Three... CA-3 is deferred, as I understand it.
Mayor Suarez: CA-3 now. The Manager is recommending it emphatically. Does
somebody want to take the cause on this item?
Mr. Odio: We have a... We have a new class of Police coming on board. We
don't have enough dogs. This is exactly what he says he's trying to do, to
alleviate the burden on the taxpayers. If not, we would have to buy it from
general fund. So, I don't... I'm trying to understand...
Mayor Suarez: Yeah. The more we say that...
Commissioner Alonso: Yeah. That... Yes. This is exactly the... I will
move it.
Mr. Odio: It's exactly like buying a fire truck.
Mayor Suarez: The problem, Commissioner Plummer, is the more we say that this
substitutes for something that would otherwise have to come from the general
fund, the more we jeopardize the funding from LETF, until we get the law
changed. So, if you would sort of make those suggestions to the department
and to us, in as private a manner as possible, that would be helpful. And in
this particular case we...
Commissioner Plummer: Mr. Mayor, you and other members of this Commission
have been making those suggestions for months on deaf ears. And you're just
increasing the amount of deafness today.
40 December 10, 1992
Commissioner Alonso: But this is exactly what you're saying.
Mayor Suarez: t think this goes in...
Commissioner Alonso: Use it from this funding.
Commissioner Plummer: I agree in this particular case, but my motive was to
defer them all, to bring about a reality.
Mayor Suarez: You wanted to particularly...
Commissioner Alonso: Oh.
Mayor Suarez: ...thinking of the social service type ones, you...
Commissioner Plummer: That's what I'm trying to say.
Mayor Suarez: All right. But we'd better take this one up. CA-30 I'll
entertain a motion on it.
Commissioner Alonso: Mr. Manager, you say it's important that it's approved
at this time because of...
Mr. Odio: Yes, Commissioner.
Commissioner Alonso: I hate to do this, but I think under the circumstances I
will move.
Mayor Suarez: So moved. Do we have a second on the item? Do we have a
second? I'll second the item. Mr. Vice Mayor.
Vice Mayor De Yurre: No further discussion. Call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 92-784
A RESOLUTION APPROVING THE PURCHASE OF FOUR (4)
PUREBRED GERMAN SHEPHERD DOGS, AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $12,000, FROM THE
LAW ENFORCEMENT TRUST FUND, SUCH COSTS HAVING BEEN
APPROVED BY THE CHIEF OF POLICE AND SUBJECT TO
COMPLIANCE WITH APPLICABLE CITY CODE PROCUREMENT
PROCEDURES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
41 December 10, 1992
xrstit �r
AYES: Commissioner Miriam Alonso
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I think it's a great way to do it. I think it should
be done. But to establish what I've been trying to say, I have to vote no.
------------------------------------------------------------------------------
9. ACCEPT BID: TROPICAL NATURAL WATER COMPANY -- FOR WATER SERVICE TO CITY
DEPARTMENTS.
------------------------------------------------------------------------------
Mayor Suarez: Item CA-4.
Commissioner Plummer: I withdrew my objection on four.
Mayor Suarez: OK. Very good.
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: I misunderstood you before when you had said withdraw. I
didn't know what you meant.
Commissioner Plummer: All I'm asking on... wanted to know on four, is the
amount of money that's not in the item here.
Mayor Suarez: All right.
Unidentified Speaker: It depends on usage.
Ms. Judy Carter: This will... Yeah. Depends on usage. Last year it was
approximately about ten to fifteen thousand dollars from all departments and
offices.
Mayor Suarez: All right. On CA-4, we have a motion by Commissioner Plummer.
Commissioner Plummer: No, I didn't... I pull back on it.
Mayor Suarez: So, we'll take your vote... your motion.
Commissioner Plummer: Oh, move it.
Mayor Suarez: Thank you.
Commissioner Alonso: Which one?
42 December 10, 1992
�y t
F j
r
Mayor Suarez: Second. CA-4.
Commissioner Plummer: CA-4.
Mayor Suarez: Yes. Seconded by Commissioner Alonso.
Commissioner Alonso: OK.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-785
A RESOLUTION ACCEPTING THE BID OF TROPICAL NATURAL
WATER COMPANY FOR THE FURNISHING OF WATER SERVICE TO
VARIOUS CITY DEPARTMENTS ON AN AS NEEDED BASIS FOR A
PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR
THREE (3) ADDITIONAL ONE (1) YEAR PERIODS AT THE
PRICES STIPULATED IN BID NO. 92-93-014; ALLOCATING
FUNDS THEREFOR FROM THE VARIOUS CITY DEPARTMENTS
FY'92-93 OPERATING BUDGETS AS NEEDED; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE PURCHASE ORDERS FOR THIS SERVICE AS NEEDED
AND THEREAFTER TO EXTEND THIS CONTRACT ANNUALLY
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 Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
43 December 10, 1992
RIX"�
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.,,
c
�F
YiL,r few iY------------------�--------------------------------------r---ice-----r-----
10. SATISFACTION OE JUDGEMENT: RENE VELASQUEZ AND MARK L. BRUMER, ESQ.
($9,792.65).
------------------------------------------------------------------------------
Mayor Suarez: Item CA-14.
Commissioner Plummer: Mr. Mayor, I'm pulling that because, as you know, my
long-standing... I'm tired of being a collection agency for attorneys. I
think that any judgment should go directly to the person who was affected, and
I don't think we should be negotiating between us, the affected person, and
the attorney. The City Attorney disagrees with it. The former City Attorneys
never disagreed with it. And I think that it's absolutely wrong that we
should serve as a collection agency for attorneys.
Mayor Suarez: Mr. Jones, is there any new ideas on how not to have to...
A. Quinn Jones III, Esq. (City Attorney): Mr. Mayor...
Mayor Suarez: ...be the dispersing agent for attorneys, since we have some
that have sort of...
Mr. Jones: Mr. Mayor, I...
Mayor Suarez: ...visceral reaction negative to that?
Mr. Jones: Once again I have to differ with Mr. Plummer, and I take issue
with the statement that former City Attorneys did not. This has been the
practice since I've been with the City, for ten years, and I've explained to
you in the past why we do this. We do it to protect ourselves against these
individuals coming back, saying that they didn't get the money that they were
entitled to...
Mayor Suarez: But, Counselor, if...
Mr. Jones: And we're not acting as... This is the industry practice in
this...
Mayor Suarez: But if... But if, Counselor, with all due respect... if you,
in accordance with the Commissioner's request, would come up with a system
where the judge, as a courtesy to the City, would act as disbursing agent...
Mr. Jones: There is no court in the world that's going to... in this City,
or across the country, that...
Mayor Suarez: They do just about everything else if you ask them and if all
the parties are agreed, if it's a settlement, I can't imagine that they would
have any problem.
Commissioner Plummer: Mr. Mayor, are you aware of a City...
Mayor Suarez: The registry of the court could be the depository of the funds.
44 December 10, 1992
•
Mr. Jones: The court will not get involved into the affairs between parties
like that. There are specific instances that require money to be posted in
the registry of the court and these... they're... First of a11, there are
too many cases like this. The court doesn't want to concern itself with that.
I mean...
Mayor Suarez: We have eager beaver attorneys out thern that obviously want to
help us in solving this. So, maybe if anybody comes up with any ideas that
would eliminate...
Commissioner Plummer: Mr. Mayor, you're...
Mayor Suarez: ...somewhat of an impasse here.
Commissioner Plummer: ...you're aware of a case of it's either a policeman -
I think it's a policeman. Or it might have been a fireman. - in which there
was an award made. The attorney did not advise him of certain factors. He
got a judgement. The attorney got all the money and this poor guy is holding
the tab. It's a policeman? Holding the tab for medical bills, because the
attorney took the money and this guy didn't have the money to pay his bills,
and he's now coming back asking for relief from the City.
Mr. Jones: But that was a worker's comp case. That's what...
Commissioner Plummer: That's what I'm trying to avoid.
Mr. Jones: Well, you're trying to involve yourself in a contractual
relationship between attorney and client, and it's not proper.
Commissioner Plummer: No, not at all. I don't think it should...
Mr. Jones: And the canons of ethics, first of all, prohibit me from getting
involved in that. And that is... This is why we structure the settlements
this way, to prevent any liens being found by the City... I mean, against the
City, for unpaid medical bills or whatever the case is. We can hold the
attorney on the hook and the clients on the hook.
Commissioner Plummer: If there is a... If there is a contractual agreement
between the client and the attorney, and there is a dispute, let them go to
civil court like any other business transaction that is not agreed upon after
it is completed. I don't think we should serve as a collection agency for
lawyers.
Mr. Jones: Well, it's not a...
Commissioner Plummer: The person that is aggrieved is entitled to the money.
What he has with his attorney, in his agreement - God bless him. As long as
they both agree. I don't think that we should paying them.
Mayor Suarez: OK. On item CA-14. Do we have a motion?
Vice Mayor De Yurre: Move it.
45
December 10, 1992
Mayor Suarez: Moved.
Commissioner Plummer: As I said, Mr. Mayor, let it not reflect that I'm
opposed to the so-called settlement. I'm opposed to the way in which it is
being done.
Mr. Jones: It's not a settlement. It's a judgment. Both of these items are
judgments...
Commissioner Plummer: OK.
Mr. Jones: ...that we are required to pay.
Mayor Suarez: OK. In this particular case... Yeah, we're kind of ordered by
the...
Commissioner Plummer: Yeah. That's fine.
Mayor Suarez: ...judicial system. All right. So moved. Do we have a
second?
Commissioner Alonso: Yeah. I second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 92-786
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO RENE VELASQUEZ AND MARK L. BRUMER, ESQUIRE, HIS
ATTORNEY, THE SUM OF $9,792.65, IN FULL AND COMPLETE
SATISFACTION OF JUDGMENT AGAINST THE CITY OF MIAMI, IN
CIRCUIT COURT CASE NO. 91-04106 CA 19, UPON THE
EXECUTION OF A SATISFACTION OF JUDGMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FUNDS TO BE PROVIDED
FROM THE INSURANCE AND SELF INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
ABSENT: None.
s
46
December 10, 1992
� #' h 4 , .x�.r icnr4it.h�-.'w*a.�sA*'�F��.'Nh�`4L�''•
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: For the reasons so stated, I vote no.
Commissioner Alonso: We have no choice, to I vote yes.
-------------------------------------------------- ----- ----- ----- ----
11. SATISFACTION OF JUDGMENT: LUIS AND BARBARA RANGEL, AND MICHAEL P.
WEISBERG, ESQ. ($7,810.25).
------------------------------------------------------------------------------
Mayor Suarez: Item CA-15. Is this a similar situation, the same objection
from Commissioner Plummer?
Commissioner Plummer: Yes, sir.
Mayor Suarez: All right. So noted.
Vice Mayor De Yurre: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: CA what?
Mayor Suarez: Fifteen.
Commissioner Plummer: Fifteen. It's a similar act.
Commissioner Alonso: Yeah.
Mayor Suarez: Seconded by Commissioner Alonso. Call the roll please.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 92-787
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO LUIS RANGEL AND BARBARA RANGEL, HIS WIFE, AND
MICHAEL P. WEISBERG, ESQ., THEIR ATTORNEY, THE SUM OF
$7,810.25 AGAINST THE CITY OF MIAMI, IN CIRCUIT COURT
CASE NO. 88-40536 CA 08 UPON THE EXECUTION OF A
SATISFACTION OF JUDGMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FUNDS TO BE PROVIDED FROM THE INSURANCE
AND SELF-INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
47 December 10, 1992
AYES: Commissioner Miriam Alonso
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: That's a fine way to do it.
Mayor Suarez: You had him voting yes. You see?
COMMENTS MADE AFTER ROLL CALL:
Commissioner Alonso: If I may, in reference to 14 and 15, I'd appreciate from
the City Attorney a report where it's clearly stated to us the situation about
these cases. We have gone over these, the concerns of Commissioner Plummer,
and we should have it in writing, the position of the City Attorney, and the
position of the City Commission, if we have any other alternative if it
exists...
A. Quinn Jones III, Esq. (City Attorney): Um-hmm.
Commissioner Alonso: ...and so that we don't have to face...
Mr. Jones: I'll report to you.
Commissioner Alonso: ...the same situation every Commission meeting.
Mayor Suarez: All right, sir.
Commissioner Alonso: Thank you.
----------------------------------- ----------------------- -------------------
12. BRIEF DISCUSSION REGARDING DISPLAY OF STATUS OF AGENDA ITEMS DURING
COMMISSION MEETING.
------------------------------------------------------------------------------
Mayor Suarez: Item 2, I believe, is the next item.
Commissioner Dawkins: Mr. Mayor?
Mayor Suarez: Yes, Commissioner.
Commissioner Dawkins: I'd like special permission to hear item 50 out of
order, please.
Mayor Suarez: All right, sir. We have a couple of announcements too, in
connection with that. We have a couple of announcements, as you get into item
48 December 10, 1992
50, Commissioner, presuming that there is no problem with the parties that
wanted to be heard on 50 thinking that it's going to be heard at a different
time of the day...
Vice Mayor De Yurre: Can we legally do that?
Mayor Suarez: Let me just see if it's a public hearing or anything that has
any kind of controversy to it, and there would be anybody's rights violated.
On item 36 and 41, those were withdrawn prior to distribution of the agenda.
And following distribution of the agenda, we have withdrawn in addition to CA-
5 and 18, items 9, 10, 19, 37 and 51. I also have an announcement that the
parties for item 28 wish to be heard after 3:00 p.m., and both sides
apparently feel strongly, so why not acquiesce to that? Yes, Commissioner?
Vice Mayor De Yurre: You know, Mr. Mayor, we should have maybe some type of a
board wherein we can have, like they have at the County...
Mayor Suarez: I would love to have that.
Vice Mayor De Yurre: ...where you can see...
Mayor Suarez: I would love to have that.
Vice Mayor De Yurre: And people can walk in and... because we just made an
announcement now, but somebody may walk in in a half hour, or five minutes
from now, they don't know what's going on. You know, we could have a board
set up that would show the status of these items. I think that would be
helpful.
Mayor Suarez: Madam City Clerk, I think...
Commissioner Plummer: Agreed.
Mayor Suarez: ...could help us to implement that and anything to let the
public know as much as possible, as to what exactly we're handling at a
particular moment.
------------------------------------------------------------------------------
13. BRIEF DISCUSSION CONCERNING PROPOSED IDENTIFICATION OF ITEMS CONSIDERED
BY THE COMMISSION ON THE TELEVISION SCREEN SCREEN DURING CABLE AIRING OF
THE MEETINGS.
---------------- -------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, let me... You know, Miriam made a comment
the other... other minute, which I think, if any of us... I have to tell you
that I am absolutely astounded at the amount of people who watch these
meetings on television. I'm more surprised that they find them interesting.
Commissioner Alonso: Yes.
Commissioner Plummer: But let me say to you that many times, when we sit up
here and we say, "I move item 22," second and voted on, the general public
49 December 10, 1992
doesn't know what item 22 is all about. The County has a way... Mr. Manager,
the County has a way that on the bottom of their screen...
Commissioner Alonso: ...identify...
Commissioner Plummer: ...item 22 as it is taken up by the Commission says,
"Zoning issue 101th Avenue..." blah, blah, blah. And I... This takes money,
Is that what you're saying?
Commissioner Alonso: Yes. It costs money.
Commissioner Plummer: Yes.
Mayor Suarez: Law Enforcement Trust Fund would be ideal.
Commissioner Plummer: Law Enforcement Trust Fund...
Mayor Suarez: All right.
Commissioner Plummer: Right. Mr. Manager, I think for those people who have
expressed to me and, I'm sure, to others that they enjoy these programs...
that it beats the hell out of the afternoon soaps... that if they could be...
go one step further and identify the issues as they come up, I think it would
be interesting, and very, very worthwhile. I just make that for what it's
worth.
Commissioner Dawkins: Mr. Mayor?
Mayor Suarez: I could see if we did any LETF (Law Enforcement Trust Fund)
funding, I can see the headline in the Miami Herald, "Drug Dealers to Fund
City of Miami Information System." All right?
----------------------------------------------- ----- -------- -----------------
14. DISCUSS AND TABLE CONSIDERATION OF POSSIBLE LEGISLATIVE CONSULTANT
SERVICES FOR WASHINGTON, D.C. (See label 28)
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor... Mr. City Attorney, on the last page of
the agenda...
Commissioner Alonso: Confiscated money.
Commissioner Dawkins: Would you turn back to that please?
Commissioner Plummer: The last page.
Commissioner Dawkins: At the top of the page it says "Note." The note says
items 50 and 51 may be heard in the numbered sequence or as announced by the
Commission. Does that mean that it's in order if we, the Commission,
desire...
Commissioner Plummer: What? What the hell is he...
50 December 10, 1992
f
�
S
�..
Commissioner Dawkins: ...to hear item 50 now?
Commissioner Alonso: He's talking about the order in which...
A. Quinn Jones III, Esq. (City Attorney): Yeah. You've given notice that it
can be heard in numbered order...
Commissioner Dawkins: OK.
Mr. Jones: ...or taken out of order as announced by the Commission.
Commissioner Dawkins: But you didn't answer my question, sir. Is it legal to
do it, sir?
Mr. Jones: Yes, it is.
Commissioner Dawkins: Thank you, sir. That's all.
Mayor Suarez: Any time after... OK. Item 50 at the request of the
Commissioner.
Commissioner Dawkins: OK.
Vice Mayor De Yurre: OK. For clarification, just so I can understand what
we're saying here.
Commissioner Plummer: What is he talking about?
Vice Mayor De Yurre: We have two items, 50 and 51. Does it say that after
the hour that it's announced to be heard... after that time, you can inverse
them... reverse them, or you can just do it at any time, and we just forget
about the time factor?
Mr. Jones: The way that these are listed on the agenda have no specific time.
The ones that you have...
Mayor Suarez: These are our discretion here.
Vice Mayor De Yurre: Well...
Commissioner Plummer: Yeah. But his question is... and it's a simple
answer. Any time you can reconsider...
Mayor Suarez: As a sequence, you mean?
Vice Mayor De Yurre: Well, it says 5:00 o'clock.
Commissioner Plummer: No, but what I'm saying, Victor...
Commissioner Dawkins: No, it doesn't. It doesn't say 5:00 o'clock.
Mayor Suarez: No, 50 and 51 are not after five.
51 December 10, 1992
Ni
Commissioner Dawkins: No, no.
Mr. Jones: No, 49 is...
Commissioner Plummer: Even if it was, three votes of this Commission and you
can reconsider any issue...
Mayor Suarez: Unless the item is one that involves some specific rights of
someone who is expecting to be heard after five, in which case we always wait.
Commissioner Plummer: Oh, yeah.
Commissioner Alonso: If it's not controversial, will take it. If not...
Mr. Jones: Yeah. What I was saying to you, only...
Commissioner Dawkins: Yeah.
Mayor Suarez: If it's not an item that is of any controversy,
we usually
don't...
Mr. Jones: Only forty... Only item 49 is scheduled for 5:00
o'clock. The
others... The other items 50 and 51 are any time.
Mayor Suarez: Any time that the Commission wishes to take them
up.
OK. Item
50.
Vice Mayor De Yurre: Oh, OK.
i
Commissioner Dawkins: OK. Mr. Mayor and fellow Commissioners,
all
of you are
aware by now that there is a change in Washington and that...
Commissioner Plummer: Nol
Commissioner Dawkins: Yes. As of the 20th of January. And
we're
going to
need someone up there who has...
Commissioner Plummer: We go from worse to worser.
Commissioner Dawkins: ...that... some kind of a way to help us. And I sent
you a package asking that we review this and be prepared. The reason I'm
asking to move it out of order is I have the gentleman here who represents the
company, and unfortunately he lives in Washington and there is a snowstorm
expected shortly.
Commissioner Plummer: No. It was snowing there this morning.
Commissioner Dawkins: Um-hmm. And if we approve this, it's going to have to
be looked at by the Manager and brought back for approval this afternoon. So,
I was asking that we hear it now and if it's favorable, that we submit it to
the Manager for the Manager to bring back for action this afternoon. And if
not, I'd like to hear from Mr. Pruitt. Let him tell us what he would like to
do for the City of Miami. Mr. Pruitt?
52 December 10, 1992
Mayor Suarez: All right, sir.
Mr. Steven Pruitt: Good morning Mayor Suarez and Commissioners. My name is
Steve Pruitt and I'm with the firm of Washington and Christian, out of
Washington, D.C. We are a law firm that specializes in the representation of
local governments in Washington, D.C., and their legislative, as well as their
administrative actions with the federal government. We were approached and
asked if we would be interested in serving as counsel for the City in
Washington, and we are certainly more than willing to take on that effort. We
are currently, as I believe from the materials that you have before you,
performing that same role very successfully for the cities of Cleveland, Ohio
and Oakland, California. We also like to indicate to places like Miami that
one of the areas that we specialize in is working with communities that are in
FEMA (Federal Emergency Management Agency) and post FEMA activities, both in
terms of their congressional activities, and with the work with federal
agencies beyond and after disasters. We like to say that we try and deliver
the bacon when the pot is almost empty, and that has been the case the last 12
years in Washington, with the new administration and the new focus being
primarily on jobs and on infrastructure, we are well positioned at the present
time to assist the City in those efforts. We like to be very structured about
our work. We like to develop an agenda with the City and then go after it.
We think the City delegation is going to be very strong in Congress, with the
placement of Congresswoman Carrie Meek on the appropriations committee. And
we specialize, from my experience, with the Congressional budget and
appropriations processes in working those. And we'd be more than available to
answer any questions that you might have. And we look forward to meeting with
the Manager and to working on your behalf.
Mayor Suarez: All right. Commissioner, for myself... Commissioner Dawkins,
for myself, the only way I would contemplate a vote on this item would be if
we notified the public of our intention to go in a different direction as to
lobbying, or to award a new contract and take proposals. It occurs to me, for
example, that there may be good competitors of Mr. Pruitt, such as Pat Boggs,
comes to mind, because of Mr. Ron Brown, as a member of the firm, chairman of
the Democratic party, and there may be other firms. And, in any event, to
maintain all the procedural fairness. But I do have a question. Do you
propose that this contract that would be awarded would replace the one that is
currently given to Mr. Lukis?
Commissioner Dawkins: I do not in any way intend to displace, replace, or add
to anybody. There is, from now until the 20th of January, a Republican
administration in place, and anything that's coming down the pipe, you're
going to need the same individual that you had before working on your behalf.
The only thing I'd like to say is that I'm not amazed that some people up here
will not vote for this. I don't have a problem with that. But I will say
that, Mr. Manager, when you negotiate this, if we get the three votes up here
to tell you to negotiate it, that you negotiate it under $50,000 so we do not
have to get out for the three competitive bids. I didn't think that.
Mayor Suarez: Oh. A professional services contract?
Commissioner Dawkins: Yes. All right?
Mayor Suarez: That is the correct standard or no?
53 December 10, 1992
2
Mr. Jones: But you would need... You're using a... You're talking about
legal counsel services, really. So, you wouldn't be affected in terms of
having to go out for three bids.
Commissioner Dawkins: OK. Thank you, sir. OK. Well$ I just need to...
Commissioner Plummer: Well, let me...
Commissioner Dawkins: Well, you just need to put everything on the table.
That's all.
Commissioner Plummer: Let me jump on top of the table. As far as I'm
concerned, I have always made my vote predicated... you deliver, you get
paid. You don't deliver? Bye-bye. And that's how I would do it. There's no
question there is a change. There's going to be different thinking. I heard
Jackson on television yesterday afternoon. If they can just get
one infrastructure project for this community, they're saying that for every
billion dollars of infrastructure, and we're looking at the extension of rapid
transit, hopefully, to the Florida City area, which would be $1,000,000,000.
It is 50,000 jobs. If you could deliver that one thing, it would make your
fee so insignificant. If you don't deliver, don't come back knocking next
year. If you deliver, man I'll tell you something, I'll send a limousine for
you. OK? That's how I feel on yours, or any other contract. You bring home
the bacon, we give you a share of the meal.
Mayor Suarez: What period of time would the contract cover, Commissioner
Dawkins?
Commissioner Plummer: For my vote it's one year.
Commissioner Dawkins: One year.
Commissioner Alonso: It's one year.
Mayor Suarez: Beginning when?
Commissioner Dawkins: Beginning...
Commissioner Plummer: January 1st is fine. Or January the 20th.
Commissioner Dawkins: Yeah.
Commissioner Plummer: Take your date.
Commissioner Alonso: Yeah. I think it's important...
Commissioner Plummer: Using...
Commissioner Dawkins: January 1.
Commissioner Alonso: ...that we use it immediately.
Commissioner Dawkins: January 1.
54 December 10, 1992
a
a
r
Commissioner
Plummer:
Commissioner
Alonso:
Commissioner
Plummer:
Commissioner
Dawkins:
Commissioner
Plummer:
Commissioner Alonso:
Vice Mayor De Yurre:
I think that things are going on...
If we are going to use it, let's do it right away.
...up there right now.
Right now.
I would have like to have had him on yesterday.
Yes.
Mr. Mayor?
Mayor Suarez: Yes, sir.
Vice Mayor De Yurre: What I would like to know is, we have a present lobbyist
in Washington. What impact would this have on that? On the contract that we
presently have?
Commissioner Dawkins: None whatsoever.
Commissioner Plummer: Well, can I... Well, excuse me. I talked to Mr.
Lukis. He called me the other day. And that was his question to me. And I
made the same comment to him that I made just now. Sylvester, we've hired
you. You're doing a job. And as far as I'm concerned, Sylvester, after your
contract is up in April, if you continue to deliver the bacon, I want to
continue your contract.
Commissioner Dawkins: Yes, that's... I agree with that in total.
Commissioner Plummer: OK? So, all I'm saying is they can supplement... One
is not replacing the other. There's a lot of pie up there to be brought back
home.
Commissioner Alonso: Oh, indeed.
Commissioner Plummer: And I surely wouldn't want them working on the same
thing. I wouldn't want them working on the same project. They can work joint
together to bring home. But to me, if neither one of them delivered, they're
both gone.
Commissioner Dawkins: That's right.
Commissioner Plummer: All right?
Vice Mayor De Yurre: What's the Administration's recommendation?
Commissioner Dawkins: No, no. I'm going to refer this to the Administration
to review and bring back with a recommendation after lunch. I so move.
Commissioner Alonso: Second.
55 December 10, 1992
-g ,
•
Mayor Suarez: Moved and seconded. Once again, I'm not in a position to vote
after lunch or before lunch. But if you want to try it, Commissioner, you're
certainly...
Commissioner Dawkins: I'm trying.
Commissioner Plummer: Well, Mr. Mayor, I am taken aback... Not taken aback.
Excuse me. I am alerted by your words and I... Is there something in the
back of your mind, sir, that this, as it is today, is not enough public
exposure? Is that... As you know, I have nothing to hide to not have public
exposure. I think if I maybe understood your comments, it was more to the
idea of a bidding procedure...
Mayor Suarez: I would want the world to know that we're entertaining bids for
this representation. Let me add that, unlike my colleagues, from what I have
heard, my idea would be that if we go to a new firm that has, presumably, good
linkages to the Administration, that we would replace the existing one. We
just can't... We have also the Municipal Development Corporation with Mr.
Mark Israel. I just got a report from him yesterday. That's $50,000 a year,
if I remember correctly. Very nice man, presumably with strong linkages to
the U.S. Conference of Mayors and to the Democratic Party. Mr. Lukis was
particularly, and has been particularly effective. I think it was
Commissioner Dawkins' recommendation going way back and I was very hesitant at
the time. I have seen him work very well with the Republican administration.
My point is simply, there is a point... Commissioner Plummer, you said, "If
you bring home the bacon," you know, we pay you. Well, they're all going to
claim that they had something to do with every single dollar we get. We have
many, many friends in the administration, as we did in the prior
administration. I just think that there's a point in which municipalities and
governments have got to stop paying for people to go to the federal and state
government and to give this community what it deserves, under the law and
under the constitution. It's just something that begins to...
Commissioner Dawkins: Mr. Mayor...
Commissioner Alonso: Mr. Mayor, but the truth is it does not happen and we
don't get the bacon...
Mayor Suarez: I...
Commissioner Alonso: ...and it's true that the City of Miami does not receive
the...
Commissioner Dawkins: And not only... Not only that...
Commissioner Alonso: ...percentage of what we deserve. We've been waiting
for $35,000,000 for... and all it takes is declaring the emergency, and it's
something that is needed in this community and it hasn't been done.
Commissioner Dawkins: And I...
Commissioner Alonso: So, definitely, $50,000 is worth every penny, if we get
a portion of that pie that belongs to us.
56 December 10, 1992
Commissioner Dawkins: And not only that, i expected the Mayor to vote against —_
this. The Mayor votes against every consultant contract. This is nothing new -
-
for the Mayor. It's just that the Mayor decided now to make it vocal.
Commissioner Alonso: He did not.
Commissioner Dawkins: The Mayor has said publicly, over and over again, I do
not believe in consultant contracts.
Commissioner Alonso: He believes in Holland and Knight.
Commissioner Dawkins: Right. OK. But... But, any time he doesn't want one,
_-
he doesn't believe in it. OK. That's his privilege.
Mayor Suarez: The question...
Commissioner Dawkins: That's why... Wait a minute. Please. Wait a minute,
please.
t
Mayor Suarez: The question by Commissioner Plummer had to do with...
Commissioner Dawkins: Wait, wait. Now...
Mayor Suarez: ...my wanting to let the world know.
Commissioner Dawkins: Wait. Please give me...
Mayor Suarez: All right, sir.
Commissioner Dawkins: Please give me the courtesy...
Mayor Suarez: But you...
Commissioner Dawkins: ...of finishing and then when I finish, I'll listen to
you. If you let me... -
Commissioner Plummer: Let...
Commissioner Dawkins: Wait.
Commissioner Plummer: Let Commissioner Plummer say what he was trying to say.
Is it that...
Commissioner Dawkins: Wait. Well, why does everybody else cut you off and
now I can't cut you off? Give me a break now, Plummer.
Mayor Suarez: All right.
Commissioner Plummer: Because you don't know how to outscream me.
Mayor Suarez: No, that depends on the day. All right. Who wants to address
the issue?
t
Mr. Manuel Gonzalez-Goenaga: Yes.
57 December 10, 1992
s
f+V�
Mayor Suarez: Except Mr. Gonzalez-Goenaga. Have a seat, sir. I meant from
the Commission.
Commissioner Plummer: Was there any...
Commissioner Dawkins: You know, I wouldn't feel that it was not necessary, if
I did not know right now... Mr. Mayor, Manager, how many thousands of dollars
is in Washington now, waiting for us, that we cannot collect, because the
present administration jockeys the refugee number and we never qualify for the
money? How many thousands? How many millions?
Mr. Odio: Thirty, Thirty-five million.
Commissioner Alonso: Thirty-five...
Commissioner Dawkins: Thirty-five. Now... And if this gentleman can help us
relieve that and get a portion of that, I'm happy. So, I mean, I have no
problem with anybody up here wanting to vote against it.
Mr. Odio: Let me...
Commissioner Dawkins: That's your privilege.
Mr. Odio: We have a...
Commissioner Dawkins: But at least let's send it to the Manager and let him
bring a recommendation.
Mr. Odio: Commissioner...
Mayor Suarez: OK. To answer... Wait, please. To answer Commissioner
Plummer's question, what I meant again, Commissioner, is to let the world know
that we are entertaining these bids, and see who else offers their services.
And it may very well be that Mr. Pruitt's firm will be the one selected.
That's all.
Vice Mayor De Yurre: Well, you know, I think...
Mayor Suarez: I do... I did also want to add, as I stated that, that 1 just
didn't think that we'd get to the point of three firms in Washington. I just
think it's excessive.
Vice Mayor De Yurre: Let me just make a couple of points. Mr. Lukis also
called me and he advised me of the fact that, because of the changing times,
that he has hired on to his team...
Mayor Suarez: A good Democrat.
Vice Mayor De Yurre: ...Congressman Bill Lehman, who has brought millions
upon millions of dollars for this community over the years. Just to make that
point and put it on the record. However, with this matter at hand, and I've
got some information here on the background of this firm, I would like to
contact some of their clients and see what kind of results they have gotten,
58 December 10, 1992
Commissioner Dawkins: You know, it's amazing that I sent you this stuff
almost a month ago and you did not think enough of it to refer to it... to
get the information. But now today, it's so important that you need to know
the information. You know, this is nothing but a sham, Commissioner De Yurre.
Vice Mayor De Yurre: No, no.
Commissioner Dawkins: That's all this is. You... You know, you are sitting
up here going through a... Miller Dawkins thing. A stall in tactics. Now,
that's all your doing. I mean, if you... Let's call it for a vote. If
you're going to vote for it, vote for it. If you're going to vote against it,
vote against it. I have no problems with losing.
Commissioner Plummer: I do.
Commissioner Dawkins: In fact I stay on... I stay on the losing side of a
three -two vote up here, which it will probably be today. But I vote my
convictions and I don't let anybody sit up here...
Commissioner Alonso: I do, too.
Commissioner Dawkins: ...and make me say what I don't believe in.
Mayor Suarez: All right, sir. Anything further from anyone on the item?
Vice Mayor De Yurre: I'm ready to vote, if they want to put it to a vote
right now.
Commissioner Dawkins: That's right. I... Call the question.
Vice Mayor De Yurre: Call the...
Mayor Suarez: We don't have a motion.
Vice Mayor De Yurre: What is the issue?
Mayor Suarez: We don't have a motion.
Commissioner Alonso: Yes, you do.
Commissioner Plummer: Yes, you do.
Commissioner Dawkins: I made the motion.
Commissioner Alonso: He moved.
Commissioner Dawkins: And it was seconded by...
Vice Mayor De Yurre: Which is?
Mayor Suarez: I'm sorry. Do we have a motion, madam?
59 December 10, 1992
Ms. Matty Hirai (City
Clerk): To refer to the Administration for a
recommendation after
lunch.
Commissioner
Dawkins:
To bring it back after lunch.
Mayor Suarez:
We're
not in public hearing, at this point.
Commissioner
Alonso:
Today.
Mayor Suarez:
Just considering
this item.
Commissioner
Alonso:
Furthermore, Commissioner Dawkins, move it so that we -
approve it now.
Mayor Suarez:
However
you want...
Commissioner
Alonso:
We'll take it now.
Commissioner
Plummer:
No, you're going to lose my vote. I want it
negotiated.
Mayor Suarez:
The
movant can do it... However you want... How do you
want...?
Commissioner
Alonso:
You want...
Commissioner
Dawkins:
OK. Weil...
Commissioner
Plummer:
Oh, yeah. Yeah.
Commissioner
Dawkins:
No, no.
Commissioner
Alonso:
But you mean to come back in the afternoon?
-
Commissioner
Dawkins:
No, we need to let the...
Commissioner
Plummer:
No, no. I...
Commissioner
Dawkins:
The Manager has...
Commissioner
Alonso:
Come back in the afternoon today.
Commissioner
Dawkins:
The Manager has not... The Manager...
Commissioner
Plummer:
I'm saying it come back in the afternoon.
Commissioner
Alonso:
Fine. This is a mess.
£N
Commissioner
Plummer:
I want the Manager to be comfortable with it.
Commissioner
Dawkins:
Yeah. The Manager has to be comfortable with it.
Commissioner
Plummer:
I want the Manager to sit down and work out the scope.
60 December 10, 1992
Commissioner Alonso: Fine. OK.
Mayor Suarez: Al right. The item is tabled until the afternoon. The
Manager will review it,
Commissioner Alonso: OK.
Commissioner Dawkins: No, no. OK. All right.
Commissioner Alonso: OK.
Commissioner Dawkins: The Manager will review it.
Mayor Suarez: And make recommendations.
Commissioner Dawkins: And make a recommendation.
Commissioner Alonso: Yes.
Mayor Suarez: All right?
Commissioner Alonso: And one comment that I'd like to make for the gentleman,
just in case they get the third vote and it's approved, to remind your company
that they count one, two, three, four, five members. You heard Mr. Lukis
calling certain people here. He did not call five of us and I want your
company to remember that up here five of us sit here. Three approve, but five
sit here and every vote counts.
Mayor Suarez: All right. The item is tabled until the afternoon. That is
certainly true about the five members of the Commission, and consulting all of
us on anything that is approved by the Commission as a whole.
Commissioner Plummer: He won't accept collect calls.
Mayor Suarez: The relationship is with all of us.
Commissioner Plummer: Did we...
Mayor Suarez: It's tabled until the afternoon. Technically tabled.
Mr. Odio: Tabled?
Commissioner Plummer: Oh, OK. Fine.
Mr. Odio: I don't have to...
Commissioner Dawkins: Yeah.
bring back a recommendation.
You've got to meet with him, so that you can
61 December 10. 1992
n
W.Y YI.L ii iiY Yi YGti fiir ii it YY:iGf... wYr sr .0 rir i------------------------------------ -.r----..��c
15. (A) DISCUSSION CONCERNING PROCUREMENT PROCEDURES - COMMISSIONER
PLUMMER CRITICIZES PROCEDURES PRESENTLY IN PLACE;
(B) DISCUSSION CONCERNING POLICE PURSUIT POLICY AND TOTAL PRESENT
NUMBER OF WRECKED POLICE CARS.
------------------------------------------------------------------------------
Mayor Suarez: Item 3. Discussion concerning procurement procedures. Do we
have any improvements? Anything that we can do to make...
Commissioner Plummer: There went my lunch. Are we on item 3?
Mayor Suarez: Yes, sir.
Commissioner Plummer: Mr. Mayor, this is the item which, you know, I have
brought forth. Just to... I would hope that... I had asked the
Administration to establish some procedures and some different rules and
regulations of how we go about our procurement.
Mr. Cesar Odio (City Manager): This was in case... This was because of
the... What do you call that? The protest... This is what this was all
about.
Vice Mayor De Yurre: Because of all the protests that we get...
Mr. Odio: The protest. That was what it was all about.
Vice Mayor De Yurre: ...and which is the norm, as opposed to the exception.
Commissioner Plummer: Well, what the bidding... Victor, the bidding
procedures are the thing that are basically bringing about the protest.
Vice Mayor De Yurre: That's right. Yeah, that's right.
Commissioner Plummer: OK? And it goes further to the extent, in my
estimation... You might look right now at the contract for rental automobiles
for the Police Department. There's a hell of a discrepancy there now. One is
saying one thing. One is saying another. They're cancelling the contract.
I'm Just saying that I think our procedures... Let me give you one other.
Mr. Manager, I haven't said this to you. As chairman of the International
Trade Board, we moved in, as you know, into these offices.
Mr. Odio: Right.
Commissioner Plummer: On the fourth day of November, a purchase order went in
for a table and chair for me, the chairman. It went to Mr. William's shop on
the fifth day of November, in which he approved it. It went, supposedly, as I
understand it, on the sixth day of November to budget, and they approved it.
Mr. Odio: That's right.
62 December 10, 1992
6
4;4
Commissioner Plummer: Guess what, as of yesterday? The vendor had never,
ever seen the purchase order and I'm still sitting on the rug.
Ms. Judy Carter: Sir, it was mailed yesterday. The purchase order...
Commissioner Plummer: OK.
Ms. Carter: ...was mailed yesterday.
Commissioner Plummer: That was... OK. What I'm trying to say to you, there
has got to be something wrong when it was passed on the fourth by his...
fifth by his shop, the sixth by budget, and here it is 30 days later, before
the purchase order was even mailed. Why? There is something wrong with these
kind of procedures.
Ms. Carter: Well, I will agree with you, sir, that I have problems with the
procedures, with regards to the fact that we do have to go through several
steps, in order for the purchase order to be approved.
Commissioner Plummer: All I'm saying is they need to be corrected. And we're
not... I don't find any movement in the Administration. And please, don't
let me use that one example.
Ms. Carter: Um-hmm.
Commissioner Plummer: OK? When we come up here and we have a million dollar
contract and find two bidders, when people are starving to death in this City,
there has got to be a reason. Let me give you the other one. A half a
million dollars of rental cars for the Police Department - one bidder. One
bidder. OK. Excuse me.
Ms. Carter: Well, that...
Commissioner Plummer: The reason that I got back? The Police Department
wrecks cars unbelievably and we don't want that kind of business. OK? Now,
what are you doing about correcting it? That's my point. There has got to be
some procedures. A woman calls me yesterday - I think I turned it over to
you, or to the Police Department. She got rear -ended by a policeman, who she
went to Royal Autos to get some kind of a settlement. They sent her to her...
their insurance company, who refused to talk to her, so they sent her back to
Royal. The poor lady is sitting out there, can get no results whatsoever, and
if we had good procedures there would be no question who was responsible and
how these matters would be taken care of. But when you talk about a half a
million dollars of rentals... These budget rentals and all the rest of these
rental companies are out there spending millions in advertising, trying for
business. And here we are, on a silver platter, with a half a million dollars
of contracts, and we get one bid. Something is wrong. Radically wrong.
Commissioner Alonso: Well, now that you are
should discuss, with the company that we had the
When was awarded the Royal... What's the name of
Commissioner Plummer: Royal Auto Leasing.
on this subject, perhaps we
contract that was awarded...
the company that...
63 December 10, 1992
Mr. Odid: They don't want it. They don't want it any more.
Commissioner Alonso: Exactly.
Commissioner Plummer: They don't want it.
Commissioner Alonso: They don't want it. I was going to say...
Commissioner Plummer: They cancelled.
Commissioner Alonso: They cancelled. The reason that they say they did...
Commissioner Plummer: Yeah.
Commissioner Alonso: ...it was in a discrepancy for the hundred dollar
deductible. They claim that during Andrew, the City of Miami had a certain
amount of cars and were supposed to pay the hundred dollar deductible. Risk
Management did not want to pay for this hundred dollar deduction. What
happened? Because this contract was important for the Police Department. And
these people cancelled and they say the only reason they did was because of
the deduction. Could you clarify this for us, please?
Commissioner Plummer: I gave the Police Department...
Vice Mayor De Yurre: Well, let me tell you...
Commissioner Plummer: ...a copy of it yesterday.
Vice Mayor De Yurre: ...their attorney is here. Maybe he can address the
issue.
Commissioner Plummer: Who's here?
Vice Mayor De Yurre: Mr. Lukaus. He represents Royal, so maybe he can
address that issue.
Commissioner Alonso: Oh. Maybe he should address...
Commissioner Plummer: Oh. Well, excuse me...
Commissioner Alonso: If he did send correspondence to all of us...
Commissioner Plummer: Excuse me. Mr. Mayor, it was not my intent to specify
one individual under this item on the agenda. OK?
Commissioner Alonso: Yeah. But it coincides with this item and therefore...
I didn't know that the gentleman was here, but apparently he is. So, they
might as well explain to us what's going on. And if, in fact, the reason they
did not want to continue was the hundred dollars and what explanation the City
of Miami has not to comply with an agreement that I guess it was contracted at
the time that the bid was awarded.
Commissioner Plummer: Have you been up to the motor pool?
sa
December 10, 1992
s
•
Ms. Carter: Clearly... Clearly this is a risk management...
Commissioner Plummer: Excuse me.
Ms. Carter: I'm sorry.
Commissioner Plummer: Have you been up to the motor pool? Have any of you
been up to the motor pool?
Commissioner Alonso: Yes, I have.
Commissioner Plummer: I beg you, please, to ride by. I disagree with this,
but this is what they'll admit to. Fifty-five automobiles that are absolutely
out of control and gone, because of accidents. I personally went there
yesterday and counted, and that's why I'm going back, 74 automobiles that are
wrecked. Out of the new cars - the new cars - 17, according to them, are
totalled. Absolutely gone. Twenty-nine of them are wrecked and nine are
badly dented. Now, that's part of the problem of why you can't get a rental
company to come in for a half a million dollars. I'm saying that somewhere
along the line, because it's my understanding that wrecked automobiles in this
City are running to the tune of somewhere between six hundred and eight
hundred thousand dollars a year of cost, I don't find anything being done to
correct it.
Mr. Odio: Yes, they are. The police officers at fault have been disciplined.
And that's about as far as I... we can go with it.
Commissioner Plummer: There are four more cars in the motor pool this meeting
than there were at the last meeting. If your results showed progress, I could
agree with you. I'll ask the question. The Chief, the other day in my
discussion with him, has anything been done to the pursuit policy. He asked
me not to say that he was drafting a policy, similar to that which has been
now imposed by Florida Highway Patrol and the Dade County... Metropolitan
Dade County. Has that policy that he was drafting been implemented?
Mr. Odio: No.
Commissioner Plummer: It has not.
Mr. Odio: Not as of now.
Vice Mayor De Yurre: Who pays... Out of what budget do all of these repairs
come from?
Mr. Odio: It comes out of the...
Commissioner Plummer: From the taxpayer's dollars. That's where they came
from. That's the fund.
Vice Mayor De Yurre: Yeah, but I'm... The next... I want to look to the
next level. Out of what budget does it come out?
Mr. Odio: GSA (General Services Administration).
a
65 December 10, 1992
0
tz
Vice Mayor De Yurre: GSA. Do you get... You don't get reimbursed at all
from the Police Department?
Mr. Odio: No, because it's an internal fund. In fact, it's the same money.
It's...
Vice Mayor De Yurre: It's the same pot overall, but I'm saying does...
Mr. Odio: If you add it... If... OK. Say you would take the repairs, and I
tried that in the past, you add a million... you have to add a million
dollars to the fund of the Police Department and then they pay for it.
Commissioner Alonso: Change it from one pocket to the next.
Mr. Odio: So, it's...
Vice Mayor De Yurre: Well, maybe... Maybe it's time that the Police, you
know, the hierarchy, to get more involved in controlling this so that it comes
out of their budget, and they have to make a line item...
Mr. Odio: Remember, once a police officer...
Vice Mayor De Yurre: ...out of the pot.
Mr. Odio: ...leaves the station, they're on their own. There's no way you
can supervise the way an... That's one...
Commissioner Plummer: No, I... Excuse me.
Mr. Odio: That's one. And that's one issue.
Commissioner Plummer: I don't agree with that, Mr. Manager.
Mr. Odio: The other issue is...
Commissioner Plummer: Mr. Manager, excuse me.
Mr. Odio: ...that the accidents in the Police Department have been
traditional. It's not something new.
Commissioner Plummer: I don't agree with that...
Mr. Odio: Now... Well, sure.
Commissioner Plumper: And I wish the right to disagree when you're finished,
sir.
Mr. Odio: I don't expect you to agree with that. But I'm saying, I'm making
the... I have checked it out and it's a tradition...
Vice Mayor De Yurre: But isn't it...
Mr. Odio: ...that has been going on for years.
66 December 10, 1992
Vice Mayor
be Yurre: Cesar.., Cesar...
Mr. Odio:
Now...
Vice Mayor
De Yurre: Isn't that tradition
the fact that you bang it up and
you get a new one ten minutes later? That's
a tradition.
Mr. Odio:
That's true.
Vice Mayor De Yurre: And that's a problem.
Mr. Odio: Now... Let me...
Commissioner Plummer: Wait a minute. Victor...
Mr. Odio: Can... I need to finish...
Commissioner Plummer: Victor, wait a minute. A lot of those cars that are
put into the motor pool... For example, one of them yesterday had a dented
fender. It had a dented fender and it has been taken out of service, and it
is not being used until the dent and the fender and the...
Mr. Odio: Right.
Commissioner Plummer: ...parking light can be replaced.
Mr. Odio: No, let me...
Commissioner Plummer: Yet we see on Channel 10 that we don't have any cars,
that a policeman sat in the substation on Brickell, on Beacon Boulevard for
hours, waiting for a car. I go downtown yesterday, as I did around 5:30 in
the afternoon, under the expressway, and in the Police station and there are
cars everywhere. There are cars everywhere. And now the Manager is talking
about he wants to buy more cars.
Mr. Odio: No, no. The Manager no. You set a policy...
Commissioner Plummer: The Administration.
Mr. Odio: You set a policy of replacement, and we have to comply with it.
That's how...
Commissioner Alonso: Would you address what Commissioner Plummer has said...
Mayor Suarez: Wait, Commissioners.
Mr. Odio: Yeah. Now, let me address that.
Commissioner Alonso: ...very specific terms.
Mr. Odio: Number one...
Mayor Suarez: Commissioners.
67 December 10, 1992
•
Commissioner Plummer: No, there's a policy.
Mr. Odio: ...he keeps comparing to the past...
Mayor Suarez: OK. Answer the inquiry by the Commissioner and then
Commissioner Dawkins, please.
Mr. Odio: Five... Seven years ago you had 186 cars. Seven years later you
have 360 police cars. You have doubled the fleet. So, therefore, it goes
with the ratio. But I'm telling you, and Alice here, the accidents per police
officer are still the same as it was in the past. The same.
Commissioner Dawkins: Mr. Mayor?
Commissioner Plummer: ...where I disagree.
Mayor Suarez: Commiss...
Commissioner Plummer: Can I respond to the answer of my question? I'll wait
if he wants, but I would like to answer.
Mayor Suarez: All right. Please. Yes.
Commissioner Dawkins: No, go right ahead.
Mayor Suarez: All right. He yields. Commissioner Plummer.
Commissioner Plummer: As far as I'm concerned, Mr. Manager, where I
disagree... It is more than obvious when others, FHP (Florida Highway
Patrol), Metropolitan Dade County, have implemented policies, which they feel
will address a problem that is very, very bad, and I asked our Chief and our
Chief told me that he was drafting a policy...
Mr. Odio: Yes.
Commissioner Plummer: ...and please give him the time to come forth with a
policy. I merely ask this morning, has that policy been brought forward and
has it been implemented? Because I don't want to announce from this podium
what that policy is. I thought it was wrong that FHP announced it on
television. OK?
Mr. Odio: The... I told Gilda Unruh of Channel 10, comparing Broward County
police officers to Miami is ridiculous. Their work is entirely different from
ours. We work in an urban, congested area all the time. They work out there
in the woods somewhere. To beg comparison to other departments, like you keep
comparing us, is wrong, Commissioner.
Commissioner Plummer: OK.
Mr. Odio: Why don't you compare to New York City and Detroit and other urban
areas?
Commissioner Plummer: I think they did that on television when they showed
that in the City of Miami, was it 78 or 79 cars... Excuse me. May I finish?
68 December 10, 1992
And in Droward County there was six. i think there was a big showing there,
the difference.
Mayor Suarez: All right.
Commissioner Plummer: Yes. I do believe that. And more so, Mr. Manager,
that they had the facilities to get them repaired and get them back out. They
had the help that was necessary. We don't have the help.
Mayor Suarez: Somehow we started off with a procurement item and now we're
into how many...
Commissioner Plummer: I'm sorry.
Mayor Suarez: You know, the chase manual, et cetera. OK. Commissioner
Dawkins and then let's get on with the items.
Commissioner Dawkins: Mr. Manager, explain to Commissioner De Yurre, which...
and nobody's telling him... that once a car is damaged, the Administration
makes a decision, Mr. De Yurre, if it's advantageous to repair the car or junk
it.
Commissioner Plummer: For parts.
Commissioner Dawkins: And they would rather... And since they can get a new
car, they immediately total it. And that's... Is that not the policy?
Mr. Odio: Yes.
Commissioner Dawkins: They total it. So, that's why...
Mr. Odio: When it's a matter of costs... It costs more to repair than to
replace...
Vice Mayor De Yurre: And what do we do... What do we do with the car?
Mr. Odio: And we keep... And in case we cannibalize and use them for parts.
Commissioner Plummer: For parts.
Commissioner Dawkins: But if you tow... If you keep towing them, what...
I'm sorry.
Mr. Odio: No, you're right. I mean, we are as concerned, and so is the FOP
(Fraternal Order of Police) and everybody else, about wrecks. In fact, some
people get hurt in those wrecks, you know.
Commissioner Plummer: Mr. Manager, let me ask you a question. Our agreement
very well... I don't remember the full extent. Our agreement with FOP in
replacement, as I recall, was two years. A car would not exceed two years or
certain mileage.
Mr. Al Cotera: Mileage.
69 December 10, 1992
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Mr. Odio: Mileage question.
Commissioner Plummer: Sixty -thousand? Was it 60?
Mr, Cotera: It has been extended. Here's...
Mr. Odio: They agreed to an...
Commissioner Plummer: No, what was our...
Mr. Cotera: Go ahead. Finish your... I'm sorry. I didn't mean to
interrupt.
Commissioner Plummer: OK. My questions is, Mr. Manager, I noticed yesterday
that the Fire Department is using cars that are four years old, five years
old, because they're not...
Mr. Odio: Let me remind you...
Commissioner Plummer: Excuse me. May I finish?
Mr. Odio: Yes.
Commissioner Plummer: ...that they are not used in the process of pursuit and
I am assuming that's the reason why their cars are four or five years old,
with very high mileage. The question that I'm asking is that in the Police
Department, for cars that are not being used in pursuit, can we use those
cars, which right now there are 100 of them at the motor pool that could be
used for agencies in the Police Department that don't need new cars?
Mr. Odio: Not...
Commissioner Plummer: I've seen cars, by the way, that were Blazers in the
Police Department. I saw yesterday station wagons in the Police Department.
And these are all something new that I don't know that a policy was
established on. I'm asking...
Mr. Odio: Every purchase comes through here.
Commissioner Plummer: Yeah. Fine. A million dollar purchase and I'm going
tosithere and I'm going to read each and every one of them?
Mr. Odio: No, we have had...
Commissioner Plummer: No, sir.
Mr. Odio: Commissioner, let me...
Commissioner Plummer: The question I'm asking is, for example, like auto
theft - no pursuit. On homicide - no pursuit.
Mr. Odio: We're doing that.
70 December 10, 1992
Commissioner Plummer: Could the cars that are four or five years old, which
obviously, if you're using them in the Fire Department, could be used in the
Police Department in a non -pursuit mode?
i
Mr. Odio: We do.
Commissioner Plummer: Then why are a hundred of them sitting in the motor
pool, not being used?
Mr. Odio: What we're doing... And we've been doing this now, by the way, for
seven years. Not today. We're taking the... When we remove police cars from
A the line, we take the equipment off, and put them into the Parks Department,
Public Works, and everywhere else we could use them.
` Commissioner Plummer: You're telling me then that...
Mr. Odio: They have been recycled.
Commissioner Plummer: ...that many of the older cars, for example, in
homicide...
Mr. Odio: Have been recycled.
Commissioner Plummer: ...are the old patrol cars that are four or five years
old?
Mr. Odio: All our cars were recycled as of seven years ago.
Commissioner Plummer: And they're not using... They're not using rental
cars.
Mr. Odio: No, what the detectives use rental... No, spies use them.
Chief Calvin Ross: Not homicide. There are certain investigative
functions...
Commissioner Plummer: No, no.
Chief Ross: ...that utilize, but not homicide. We...
Commissioner Plummer: Narcotics and that should be rental cars.
Chief Ross: We are using... We are...
Commissioner Plummer: Not rental cars. We disagree there, Chief.
Chief Ross: We are using...
Commissioner Plummer: It should be confiscated cars, but at the time we're
using rentals.
Mr. Cotera: We can do that, too.
71 December 10, 1992
•
Mr. 8dio: The inspectors now, for years, have been using recycled cars. All
our police fleet have been recycled into the civilian fleet. And that's why
we get so far behind in mechanics sometimes.
Commissioner Plummer: OK.
Mayor Suarez: Mr. Cotera, anything from the union? You're...
Mr. Cotera: Yeah. I'd like to clarify a couple of things. I've worked, in
the last two years, with our Administration in helping, or trying to reduce
the number of accidents. All the Police Departments that you quoted - Metro
Dade, FHP, BSO - they all have a take-home car program, number one.
Commissioner Plummer: So do we.
Mr. Cotera: No, you don't. Not really and it hasn't been...
Commissioner Plummer: Sure we do.
Mr. Cotera: It hasn't been implemented completely.
Commissioner Plummer: No, it's implemented with a very...
Mr. Cotera: No, it's not implemented, sir, and I'll show you the numbers.
Commissioner Plummer: Well, Al, excuse me. This Commission... If it's not
been implemented, then you get on the Administration. This Commission
established a take-home policy of the minimum of 50 automobiles, with certain
criteria.
Mr. Cotera: It has been...
Commissioner Plummer: One, you had to live in the City. Two, you could not
have had a discipline report, I think, for 12 months.
Mr. Cotera: OK.
Commissioner Plummer: And three, you could not have had a chargeable accident
for 12 months. And if you qualified, you were entitled to a take-home car,
with my understanding that for a long period of time, they were never able to
establish more than 44 take-home cars.
Mr. Odio: We have 58.
Commissioner Plummer: There is a policy of take-home cars. If that needs to
be expanded...
Mr. Cotera: And, as a matter of fact, with the help of the Manager, the fleet
was even expanded by the number of people that moved into the City.
Commissioner Plummer: Well, hey...
Mr. Cotera: OK? But what I'm saying is...
72 December 10, 1992
'em
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Commissioner Plummer: The theory behind take-home cars was to give exposure
in the neighborhoods and local businesses, and 1 don't disagree with that.
And as far as I know, we had never attained the 50 that were available.
Mr. Cotera: Yes, we do. We have gone beyond 50.
i Commissioner Alonso: We have 58.
Mr. Odio: We have 58.
a
Mr. Cotera: We're at 58. We're at 58 right now.
Commissioner Plummer: Great.
Mr. Odio: We are... We have given...
Mr. Cotera: But I've got a waiting list of 19 currently. And that's only
people in patrol.
Mayor Suarez: It's an open-ended number, right? I mean, the more you have
that are eligible, the more we try to...
Mr. Cotera: Now...
Mr. Odio: As they move into the City, they're entitled to a car.
Commissioner Plummer: We'd have to...
Mr. Cotera: Now, there's a waiting list of approximately 19. It could have
gone down to 14. But if I use verbatim what the Commission's desires were,
then every investigator who also lives in this City would have a take-home
car. And no investigator has a take-home car that lives in the City. So, you
figure that's another 20 cars. So, that has...
Commissioner Plummer: No. The take-home policy was supposed to be marked
automobiles, to give a presence of police presence in neighborhoods. And I
remember Mr. Carollo, who established the policy, said at the Seven -Eleven and
all other restaurants...
Mr. Cotera: If I park that little white K-car next to your house, you're not
going to know that it's a police officer?
Commissioner Plummer: I would know it, but the general public...
Mayor Suarez: That was not the policy and we're...
Mr. Cotera: And I think everybody knows it.
Commissioner Plummer: The general public wouldn't.
Mayor Suarez: ...not going to review that policy now. That was...
Mr. Cotera: But that's... The point that I'm trying to make is that the
numbers will show that the more that you expand the take-home car program, and
73 December 10, 1992
I don't want to get into it, the less accidents you're going to have. That's
number one.
Mr. Odio: Agree with him.
Mr. Cotera: The Chief and I have both gone through the numbers, I think out
of...
Mayor Suarez: There's no disagreement on that.
Mr. Cotera: OK. But...
Mayor Suarez: There's no disagreement on that. It's a great incentive for
people to take care of the car.
Mr. Cotera: The other issue that I want to bring up is the fact that
policemen, by nature - And it's not the policeman himself, it is the job. All
right? - will be involved in more accidents. If your house is getting
burglarized, would you want me to make a total and complete stop at every stop
sign, and wait for the light to turn red, at every light, while the burglar is
in your house? Do you see what I'm saying? I mean, that's...
Commissioner Plummer: Al, I did not refer to that. So don't mix apples and
oranges.
Mr. Cotera: ...just goes normal. But, I will also say...
Commissioner Plummer: I said a pursuit policy.
Mr. Cotera: I will also say that the FOP, in the last two years, has not
brought an accident case to civil service, has not defended any police officer
in an accident case under disciplinary action of the Department. We have not.
And I tell the policemen, "You wreck it, you buy it." That's as simple as it
is.
Commissioner Plummer: Well...
Mr. Cotera: And I agree with you cannot... I cannot faithfully come before
this Commission, or before the Manager, or before anybody and say, "We need
more cars," when.within nine months of buying a new fleet, you've wrecked two-
thirds of it. And I tell that to the policemen and at roll call.
Mayor Suarez: All right.
Mr. Cotera: To address the issue of the chase policy...
Mayor Suarez: No, no. Please, please.
Mr. Cotera: ...that the Commissioner brought up...
Mayor Suarez: No, no. Mr. Cotera, please. I... You've addressed about four
different issues. Most of your statements have been exactly on point. We're
not into the chase policy today. I think the Commissioner wanted a
clarification of whether it was ready to be published or not...
74 December 10, 1992
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a
Commissioner Plummer: That's...
Mayor Suarez: Ready to be adopted or not.
Commissioner Plummer: Yeah.
Mayor Suarez: That's all. And we'll be taking input from you, Al, on the
chase policy. I...
Commissioner Plummer: Well...
Mayor Suarez: I'm interested in how we do it. I'm interested...
Commissioner Plummer: Let's just schedule it for the next agenda, Mr.
Manager.
Mayor Suarez: Please. All right. Chief, anything further on this item?
Commissioner Plummer: Assuming he has it ready.
Chief Ross: I just wanted to add something for the record, if I may, in
regard to accidents and vehicles that are being wrecked. The number of
vehicles being wrecked is down substantially, even though the fleet size is
up. And I just wanted to add that as a matter of correction.
Commissioner Plummer: Sure.
Mayor Suarez: Very good. Item 4.
Vice Mayor De Yurre: Mr. Mayor?
Mayor Suarez: Yes.
Commissioner Plummer: No. Well, wait a minute. What are we doing about
three?
Vice Mayor De Yurre: We haven't done anything.
Mayor Suarez: OK. What is the proposal before us?
Commissioner Plummer: What are we going to do?
Mayor Suarez: What is the idea? Do you have any...?
Commissioner Plummer: How are we going to...
Mr. Odio: I forgot what it was.
Mayor Suarez: Streamlining of procurement process, Mr. Manager.
Mr. Odio: Procurement.
75
December 10, 1992
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Commissioner Plummer: That's one of the problems is that the Manager has a
short memory and forgets what it was.
Mr. Odio: You confused me, Commissioner. We ended up reviewing the Police
Department,
Commissioner Plummer: Myself, among others, seem to be doing a good job at
that recently.
Mr. Odio: I know. I know.
Mayor Suarez: Mr. Cotera certainly went along with the idea...
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: ...of going into three or four other topics. Yes? Mr.
Plummer.
Commissioner Plummer: Mr. Mayor, I think that maybe we need to come about
with different policies. There has got to be some better way of doing
business than what we're doing. And that's all I'm trying to bring forth.
Mr. Odio: But on the purchasing procedures, you brought out an exception,
which was that desk. That is an exception of the case. That is not the
common thing that happens with purchase orders. And I...
Mayor Suarez: Anything that could be done to change the system to avoid that
exception from happening?
Mr. Odio: We could look at it and see if it can be changed. What I won't
change, and you should not, is checks and balances. If you are going to...
If a department is going to issue a purchase order, it does have to be checked
out by budget to make sure those funds are in place.
Commissioner Plummer: Nobody has said a word...
Mr. Odio: It used to...
Commissioner Plummer: ...that that shouldn't be the check and balances...
Mr. Odio: OK. So... That takes...
Commissioner Plummer: Mr. Manager, if you don't come forth with a policy...
Mr. Odio: I will look at it.
Commissioner Plummer: ...in the very near future, sir, I will ask this
Commission to bring in an outside company that knows how to do it, since we
don't, to do it for a fee...
Mr. Odio: No.
Commissioner Plummer: ...and let's come about where we'll get some
realization...
76 December 10, 1992
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Mr. Odio: Phis...
Commissioner Plummer: ...of what is a good policy that works. Because what
we have here now is not working. Thank you, Mr. Mayor.
Mayor Suarez: All right.
Mr. Odio: Well...
Vice Mayor De Yurre: What concerns me, Mr. Mayor, is that a statement was
just made here a few minutes ago that some folks have problems with the
process. OK? Now, if... And it goes towards maybe, you know, do we have a
lack of creativity, a lack of a willingness to make the process better? If
you feel concern that we're not... that there are problems with the process,
then we should deal with this and you should go to your supervisor and tell
him we have a problem with this. And the supervisor should have the
wherewithal to take the next step and make the changes. Here we have Royal
Rentals, and they have a concern because they were not allowed, or they were
not advised of a bidding process that some... according to them, and you can
state it for the record, somebody thought that they would not be interested
and didn't advise them.
Ms. Carter: Well, wait a minute. We're talking about a different issue.
Mr. Odio: Wait. They dropped their contract.
Ms. Carter: And I would like to respond to that.
Mr. Odio: Royal Rent -a -car, I have been...
Commissioner Dawkins: No, no.
Vice Mayor De Yurre: Well, but I'm saying that this is one of the examples of
the things that are happening here.
Ms. Carter: But that's different.
Commissioner Plummer: I have a letter from them that they terminated
themselves not to renew the option.
Ms. Carter: No, no. Please do not connect the two, because they are separate
issues and I will be prepared to respond to the...
Commissioner Plummer: Victor, may I interject one thing?
Mr. Odio: What happened with them...
Commissioner Plummer: The thing that I continue to tell you is the same thing
that happened years ago. When you send a man who sends motorcycles, the specs
out of the back of the Harley book, when he sells Kawasaki and ask him to bid,
calls you and says, "That's an insult. I can't bid on a Harley -Davison when I
sell Kawasaki's." And the justification is, well we had a whole lot of parts
of Harley's.
77 December 10, 1992
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Mr. Odio: But, see, that's not purchasing procedures.
•
You're... Let's...
Commissioner Plummer: It is purchasing. It's bid procedures.
Mr. Odio: That is... That's the bid process and what we put
(Request for Proposals).
Commissioner Plummer: It's all part and parcel of why we're having problems.
Mr. Odio: As far as Royal is concerned, we got a letter saying that they had
the choice to extend their contract another year and they sent a letter saying
they didn't want to.
Commissioner Plummer: They were not renewing the option is what I read.
Mr. Odio: That they were not renewing the option, so we had to drop...
Commissioner Dawkins: They didn't say that. They didn't...
Vice Mayor De Yurre: Well, I just put that on the record.
Commissioner Dawkins: No, they did not say... I mean, my letter didn't say
that.
Commissioner Plummer: Joe... Joe, I gave you a copy yesterday.
Commissioner Dawkins: My letter said that under the conditions that you
wanted them to renew it, that they couldn't renew it, because you were
wrecking cars, and their insurance... what have you. Now, the tone of the
letter to me...
Commissioner Plummer: Bring me that letter.
Commissioner Dawkins: ...indicated that we should sit down and try to
negotiate something. And the tone... I don't know now. Maybe somebody got a
different letter than the one I got.
Commissioner Plummer: The one I've got says they didn't wish ,to renew their
option.
Commissioner Dawkins: The letter did not say that I didn't... want a job.
Mayor Suarez: All right. Does any Commissioner wish to hear from...
Vice Mayor De Yurre: Well, I just might as well just get on the record. This
is one example of the problems that we have.
Mayor Suarez: Go ahead. Get your name, sir, since we've been alluding to you
and please, let's go on to the next item.
Mr. Robin Lukaus: Robin Lukaus, 1825 Coral Way. I'm the attorney for Royal
Rent -a -Car Systems of Florida, Inc., the present contract vendor to the City
for the rental vehicles for the Police Department. This was a 1991 bid for
78 December 10, 1992
the effective year, fiscal year 1992 This, unfortunately, is a contract that
Royal was happy to engage in, was happy to provide vehicles to the City. _
Unfortunately, the City did not abide by the terms of the bid. You used some
of the vehicles in violation of the terms of the bid. Risk Management has
failed to compensate Royal for certain losses, or damage to vehicles, as
required by the terms of the bid. And, unfortunately, under these terms, and
in the manner in which Royal has been treated, Royal was unable to continue
that bid, if it was unable to obtain the cooperation of the City in paying for the appropriate items of damage, and not using the vehicles in violation of
the terms of the bid agreement. Now, despite the fact that there was an
existing bid, which Royal, under those terms and conditions, was unable to
continue, because the City did not abide by that bid, that's no reason why
Royal should not have the opportunity to bid under a new process, where a new
request for bid went out. The terms and conditions of the new bid are
different than the terms of the former bid, which Royal was awarded as a low
bidder. One has...
Commissioner Plummer: Did you have the right to bid on the new bid?
Mr. Lukaus: Excuse me?
Commissioner Plummer: Did you have the right to bid on the new bid?
Mr. Lukaus: We have the right to bid on the new bid...
Commissioner Plummer: Why didn't you?
Mr. Lukaus: That bid was not furnished to Royal. It was withheld from Royal.
That bid was not sent over to them, because it was thought... It was...
Commissioner Plummer: Ohl But our procedures, there's nothing wrong with our
procedures.
Mr. Lukaus: It was thought that Royal would not want to bid, because they had
elected not to continue.
Commissioner Plummer: Well, let's find out why Royal was withheld. Hello?
Commissioner Alonso: Yes. But we need clarification on a question that I
asked quite a bit ago, and I did not get a response, because other people
really got in the way and I never got an answer. So, I would like to have a
response at this time. Number one, the hundred dollars deductible that the
company claims they were not paid. We need a clarification why the City of
Miami did not honor this request. And secondly, the comment that the
gentleman made in reference to the City having not appropriate... the way the
City was getting the cars... You said the City was not following the
procedures of the agreement in the car... the number of cars that we got for
you, the... Which way?
Mr. Lukaus: In the manner of the use of the vehicles. That is that they
could have been used either...
Commissioner Alonso: That's very broad. What do you mean by that?
79 December 10, 1992
Mr. Lukaus ...either in a pursuit... Either they could have been used in a
pursuit manner, or for the transportation of prisoners.
Commissioner Alonso: OK. We'd like to..6 a response on this issue as welt.
Mr. Sujan Chhabra: Ma'am.
Commissioner Alonso: Yes.
Mr. Chhabra: There were 30 cases that we appeared $100 deductible on the
policy. There were very few cases, during the time of the hurricane, we did
not make the payment of $100 deductible, because there's no provision for us
to pay for that.
Commissioner Alonso: So, you say... You're saying that indeed we paid...
Mr. Chhabra: I have it right here.
Commissioner Alonso: ...the company for the $100 deductible.
Mr. Chhabra: Yes, ma'am.
Commissioner Alonso: Maybe what we're talking here is Andrew and the cars
were damaged as a result of the hurricane. Could it be that this is the case?
Mr. Chhabra: That's what I said about...
Commissioner Alonso: Would you clarify this...
Mr. Chhabra: ...few...
Commissioner Alonso: ...so the company understands and were you able to
explain this to the company?
Mr. Chhabra: Yes. Few cases were there during the time of the hurricane,
ma'am. There... There's no provision in there in the policy that we should
pay for that kind of damages.
Commissioner Alonso: Are you saying it's an act of God...
Mr. Chhabra: Yes.
Commissioner Alonso: ...and they have to pay for the deductible?
Mr. Chhabra: Well, there's no provision in the policy. Right. We have
repaired other cases... thirty cases, ma'am. Right here I have got the print
out. And the dates and the time repaired them.
Commissioner Alonso: So, you did not pay, because you felt it was not the
responsibility of the City of Miami to pay for these specific damages, because
it was not included in the agreement.
Mr. Chhabra: That's right.
80 December 10, 1992
ts;
Commissioner Alonso: You don't understand that it's that we did not comply
with the agreement.
Mr. Chhabra: We did comply with the agreement. What I'm saying that there
was no provision for us to pay for these kinds of damages.
Commissioner Alonso: So, it was not our responsibility to pay.
Mr. Chhabra: Yes. Yes, ma'am. That's what our understanding.
Commissioner Alonso: Well...
Mr. Chhabra: If there's anything else they can show us, we'll pay them.
Commissioner Alonso: And what about the other point that the gentleman has...
Mr. Chhabra: Well, I don't know. I have here a printout here that we did
make a $5,427 onetime damage...
[NOISE]
Commissioner Alonso: Is that a plane?
Mr. Chhabra: Damages because the cars were used for different purposes.
Repair the damages... We took the responsibility for that also. Other cases,
I don't know what the Police Department would say.
Commissioner Alonso: Was this ever explained to the company? Was the
company... Did the company inquire from the City of Miami and did they get a
response? I mean, in the normal world outside, a company who is doing
business with a client will ask if they have a disagreement and vice -a -versa.
Do we do that? I suppose we do.
Mr. Chhabra: I can tell you from my part, ma'am, that the new agreement right
now we worked out, we were involved in there from the insurance requirement
point of view, the company was involved, the Police Department was involved,
their office was involved. I do not know what they're talking about. Each
and every time there is an agreement, there are certain parties there. They
all knew. They all signed the agreement. They should know everything. In
this case, ma'am, just for the case and for the record, this is
the first time this point was raised, last night first time, at about 4:30,
5:00 o'clock. I was not in. I was sick. That $100, in few cases, was not
paid by Risk Management. It was never brought to my attention before. They
never brought it to my attention that... it is in the policy you should not
make the payment. I'm willing to...
Mayor Suarez: It sounds like a lot of lack of communication here.
Commissioner Alonso: Yes, it is.
Mayor Suarez: You may want to talk to them, as long as you've got them here,
but not in front of this Commission.
Commissioner Alonso: No.
81 December 10, 1992
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Mayor Suarez: And see if you can settle some of your problems. We are
concerned that you did not participate in the recent bid and that you do that
because of allegations that we had not complied with the agreement, as
previously established. And if those are your allegations, you may have a lot
of forums to carry out that...
Ms. Carter: I really would like to deal with the issue. I can't deal with
the insurance issue, but certainly I would like to deal with the reasons as to
why we did not mail Royal Rent -a -Car a bid... a bid for this particular
contract. First of all, do know that this office has worked diligently and
continuously for this particular vendor, partly because it represented the
first time we had ever had a minority vendor for this contract. So, we
basically babied it the entire way. From the very beginning, January 1st of
1991, Royal was unable to effectively begin the contract. He was unable to do
that because he could not get the insurance, he did not have a performance
bond, he did not have enough cars. The Police Department was quite concerned
about that. But this office, Procurement Management, as well as the Minority
Business Affairs office, wanted to work with him and wanted to...
Mayor Suarez: Is it typical if we find that someone has not performed
particularly well on a contract, under our view of things, not to even mail
them a notice of a new bid?
Ms. Carter: Absolutely. We do have a provision in our documents that it's
suggested if there is evidence for other reasons, but in addition to those
reasons, if there's evidence that there have been problems in previous
contracts, which we've...
Mayor Suarez: But without a format disqualification, we just sort of...
Ms. Carter: He has not been precluded from bidding.
Mayor Suarez: But without a formal disqualification that precludes them from
bidding, that we simply just don't let them know? We just simply pull them
from our mailing list?
Ms. Carter: We can remove him from the mailing list.
Mayor Suarez: All right.
Ms. Carter: And let me say this, that with regards to...
Mayor Suarez: And these are the reasons why they weren't on the mailing list.
The ones you just stated.
Ms. Carter: Well, I'm not through. But yes, that's one.
Mayor Suarez: Well, please be through, Judy, because we've got plenty of
other items.
82 December 10, 1992
Ms. Carter: Well,
the point is that we
have had continuous problems
with the
contract. We have
had documentation to
suggest that Royal has not
performed
to the terms and conditions of the contract although I attempted to
intervene
to still work with
the vendor throughout
the process. And Assistant
Gibbs can
show you... Assistant
Chief Gibbs
can demonstrate to you,
through
documentation...
Mayor Suarez: Fine.
Ms. Carter: ...that they have not been able to perform the contract.
Commissioner Plummer: Yeah. But we're...
Mayor Suarez: We have enough on the record for my satisfaction as to...
Commissioner Plummer: Mr. Mayor, we're overlooking...
Ms. Carter: And that is why we did not mail him a mailing list.
Mayor Suarez: We have more than enough on the record. I don't know why
everybody is trying to make this into an adversary proceeding. We just want
to know what reasons.
Commissioner Plummer: Well, may I inquire?
Mayor Suarez: Yes, Commissioner Plummer.
Commissioner Plummer: The one thing I haven't heard...
Ms. Carter: Yes.
Commissioner Plummer: ...is did you change the bids?
Ms. Carter: No, sir. And I wanted to address that.
Commissioner Plummer: You're saying that the bid that he is presently
operating under is the same bid that just went out now.
Ms. Carter: The same terms and conditions are the same. The exception is
that they've added more cars, different types of cars.
Commissioner Plummer: That's the only change?
Ms. Carter: That is the only difference...
Commissioner Plummer: OK.
Ms. Carter: ...and they deleted one option. That's it.
Commissioner Plummer: Thank you. I just wanted to get it on the record.
Mayor Suarez: All right. Anything further from the Commission? If not,
obviously you've got all kinds of recourse, sir, in this...
83 December 10, 1992
F
- 7.
Commissioner Plummer: May I ask for the record...
Ms. Carter: Yes, sir.
Commissioner Plummer: How many cars, on a given day, are to be made
available?
Ms. Carter: They said ten.
Commissioner Plummer: Ten. And these are the ones that can be changed hourly
or daily or whatever, as needed?
Ms. Carter: Absolutely.
Commissioner Plummer: But no more, at any time, more than ten a day. Is that
correct?
Lt. John Brooks: We ask for ten to be available.
Commissioner Plummer: I'm asking, under the contract, is it a maximum of ten
a day?
Lt. Brooks: Minimum of ten a day.
Commissioner Plummer: And what is the maximum?
Lt. Brooks: There is no maximum.
Commissioner Plummer: There is no maximum.
_. Mayor Suarez: All right.
Vice Mayor De Yurre: OK. Mr. Mayor, do we at least ask the Administration...
Commissioner Plummer: What... You've... Excuse me. Let the record reflect
the "all right" came from you, because I'm not satisfied necessarily with that
answer.
Mayor Suarez: I understand. I just understood your answer... your question
was answered.
Vice Mayor De Yurre: Do...
Mayor Suarez: Mr. Vice Mayor?
Vice Mayor De Yurre: Do we at least ask the Administration to come back at
the next meeting with recommendations of how we can improve this procedure? I
would so move.
$ Commissioner Plummer: That's what I asked and hoped was going to be at this
meeting.
7
id Vice Mayor De Yurre: Well, it's...
84 December 10, 1992
Mayor Suarez: All right.
Commissioner Plummer: Let's ask it again.
Mayor Suarez: Very good.
Vice Mayor De Yurre: OK.
Commissioner Plummer: Excuse me. May I expand on that, Mr. Mayor, and ask
that procedures and bidding, since they find it to be two different
scenarios... basically, I think they go hand -in -hand, procedures and bidding
go hand -in -hand. So, I would ask that when they come back at the next meeting
and address it, they address it as one - bidding and procedures.
Mayor Suarez: All right.
Commissioner Alonso: May I make a suggestion? Perhaps they can write a
little agenda, discuss it with the members of this Commission. If we want to
add something else, we could do so before the next Commission meeting. And
this way we would be able to really analyze the item in depth.
Mayor Suarez: OK.
Commissioner Alonso: Thank you.
16. APPROVE, AND REFER TO MANAGER, REPORT BY CITY ATTORNEY OF THE PROPOSED
LEASING OF FORMER FIRE STATION (LOCATED AT 151 N.W. 27 AVENUE) TO THE
FRATERNAL ORDER OF POLICE (FOP).
Mayor Suarez: Item 4. Possible use of the former fire station. Why do I get
the impression that...
Commissioner Plummer: We received a letter from the...
Mayor Suarez: FOP (Fraternal Order of Police) is interested in this.
Commissioner Plummer: I gave you a copy of that yesterday. ...from the FOP
lawyer. And I don't understand, other than Al had spoke to me about the use
of the old fire station, in which they were willing to pay the equivalent of
whatever the ad valorem taxation was, to lease, rent, whatever it was. The
City would still retain the building. What was your letter of yesterday? I
don't understand. Something referring to... Hello, Mr. Manager?
Commissioner Alonso: Also, they will improve the property, right?
Mr. Al Cotera: Yes, ma'am.
Commissioner Plummer: Mr. Manager?
85 December 10, 1992
0
Commissioner Alonso: Fifty thousand.
Commissioner Plummer: Yeah, but they want to spend money.
Mr. Cotera: Fifty thousand.
Commissioner Plummer: The...
Mayor Suarez: OK. We're on item 4, please.
Commissioner Plummer: What was the letter yesterday in reference to the
collective bargaining about the Police Department...
Mr. Cotera: No, I'm sorry. I...
Commissioner Plummer: ...using the facility of the old fire station?
Mr. Cesar Odio (City Manager): Yeah.
Commissioner Plummer: I gave you...
A. Quinn Jones III, Esq. (City Attorney): Let me... If I might, Commissioner
Plummer, let me see if I can address this. I received the letter as well and,
of course, this is from Mr. Cohen. And what he makes reference to is that, of
course, during Hurricane Andrew, the Department and its police officers,
particularly the police officers, lost their homes. He cites to a
departmental order that seems to suggest that there is some obligation on the
part of the City to provide hurricane shelter for police officers and their
family members. He goes on further to say that, for some reason, this is an
item that should be collectively bargained over, that's mandated by Chapter
447 of Florida Statutes and the Florida Constitution.
Mayor Suarez: Mr. City Attorney?
Mr. Jones: Yes.
Mayor Suarez: What does that have to do with item 4, sir?
Mr. Jones: What does it have to do with? The Commissioner asked about the
letter and I'm trying to put this in perspective, if you'd like me to.
Commissioner Plummer: See, what I...
Mayor Suarez: Does that letter, in your mind, have anything to do whatsoever
with the FOP use of some property?
Commissioner Plummer: Yes. Yes.
Mr. Jones: Yes, it does. If you'd let me finish, I'll get to the point that
I'm making. What he's saying to you is that this particular building, he
wants to... The use of this particular building, he wants included in the
collective bargaining agreement, and of course they would make $50,000 of
repairs to the building. I just want to let...
86 December 10, 1992
F
Mayor Suarez: He said that in the letter having to do with the officers being
left without homes and some...
Mro Jones: Yes. He wants...
Commissioner Plummer: Yes, sir. You received a copy yesterday.
Mr. Jones: Yeah. This is dated... My letter is dated December 7th.
Mayor Suarez: All right. I just want to know if he said that. I didn't get
that far in the letter. I read the first part. Now...
Mr. Jones: OK.
Mayor Suarez: Why does he think that any of that has anything to do with
collective bargaining agreement?
Mr. Odio: Well, let me go back...
Mr. Cotera: Excuse me. Excuse me. Let me go...
Mr. Jones: Well, ask him.
Mr. Odio: Wait. Time out.
Mayor Suarez: Right.
Mr. Odio: Mr. Mayor, let me go back to one premise.
Mayor Suarez: Wait, wait. Mr. City Attorney, is there any conceivable way in
which their use of this facility, which we may make at our prerogative...
Mr. Odio: That's what I...
Mayor Suarez: ...largess, whatever you want, has anything to do with
collective bargaining agreement, sir?
Mr. Jones: No, it doesn't.
Mayor Suarez: All right. That's what I was hoping you would say.
Mr. Odio: I think what you're trying to do is find a legal way...
Mr. Cotera: What we're trying to do is facilitate the process.
Commissioner Plummer: I asked you.
Mr. Odio: ...to be able for you to give them the building.
Mr. Jones: There is a legal way in which...
Mr. Odio: And I'm...
Mayor Suarez: To give it flat out, fee simple transfer.
87 December 10, 1992
U
Mr. Woo. No.
Mayor Suarez: To make... give them the use of the building.
Mr. Odio: On a long-term...
Mayor Suarez: I thought we had a legal way of doing it. All right.
Mr. Odio: That's what I think they're trying to accomplish.
Mayor Suarez: I see where we are now.
Mr. Cotera: That's all.
Mayor Suarez: OK. Commissioner Plummer, did you want to inquire? Or
Commissioner Alonso?
Commissioner Plummer: Sir, I was merely inquiring of them, what they were
trying to accomplish differently than what Mr. Cotera had talked to me about.
That's all I was asking.
Mr. Odio: Well, but I understand that they... that the Law Department had
said they had to find a way of transmitting the building, which could not be a
revocable permit or something like that.
Mr. Jones: Well... We looked at... Just to report. I mean, we looked at
every conceivable way of how this could possibly be transferred, and as I
indicated to you at the last meeting, you're still stuck with the Charter
provision 29b as to how the property is to be disposed of. I also mentioned
to you... It was suggested at the last meeting that you might...
Commissioner Plummer: They're not asking us to do so.
Mr. Cotera: Revocable permit.
Mr. Jones: ...that you might consider a revocable permit. The problem with
that is that this Commission has expressed a desire to move away from
revocable permits.
Commissioner Plummer: They're not asking us that.
Mr. Jones: That you didn't want to grant... Excuse me?
Mayor Suarez: All right. If that were the only problem, just so you know...
Mr. Cotera: That's it.
Commissioner Plummer: But they're not asking us to dispose of the property.
Commissioner Alonso: But since... if that is the only way we will do it
through this process.
-' Mayor Suarez: We would certainly...
December 10, 1992
- �NQ
x
T
Commissioner Plummer: They're not asking us to dispose of the property.
Mayor Suarez: Wait, wait. Everybody, please. Mr. City Attorney...
Mr. Jones: You would be leasing. It's considered disposition of property.
Mayor Suarez: ...if that were the only problem... If we're ever going to
make an exception, it would certainly be for the FOP.
Mr. Odio: So,i$ you...
Mayor Suarez: What we don't want to do, Mr. Cotera, and Counselor...
esteemed Counselor, is in any way to include things in a collective bargaining
agreement that are not of necessity part of that process, because you are
lately trying to include a lot of things in the collective bargaining
agreement, and that is the last thing that we need around here.
Mr. Cotera: That's my job.
Mayor Suarez: So...
Commissioner Alonso: I'm ready to move that we approve, subject to working
out whatever details they have to work out and I so move.
Commissioner Plummer: Well... What... You've got to delineate.
Mayor Suarez: OK. We're going to have to be a little bit more specific than
that.
Commissioner Alonso: Remove... If you say the permit is the only way that we
have right now...
Mr. Jones: Well, it's the only...
Commissioner Alonso: ...let's do it that way.
Mr. Jones: Well, as I indicated to you last time, it's a mechanism that
you've used before, but the danger in doing it is that, as I indicated to you
also, is that the case law... the status of the case law is such that courts
are beginning to construe these types of permits as giving them some
permanency and... of a status in that particular property, which means if you
ever decided you wanted to do something else with that property, your hands
would be tied, because they could claim a valid interest in the property. And
also, the other argument is that it circumvents the whole process of 29b, in
terms of disposing of your property, is the way the Charter says, which
means...
Commissioner Plummer: But we're not disposing of it.
Mr. Jones: ...getting fair market value, in return for leasing the property.
That's what you're... That's what the job requires.
89 December 10, 1992
Mayor Suarez: All right. Again, if we're ever going to make an exception,
this would be the one. So. I mean, I don't know that we're going to change
policy of using revocable use permits, but what is... Is that part of your
motion?
Commissioner Alonso: Yes. Because it's the... It's the only tool that we
have at the present time to be able to convey the property to them. So we...
Commissioner Plummer: We're not conveying, are we?
Mr. Jones: No.
Mayor Suarez: To make the use available to...
Commissioner Alonso: We are not disposing of the property.
Commissioner Plummer: No.
Mayor Suarez: Right.
Commissioner Alonso: If that is... And that is not the case.
Commissioner Plummer: Yeah. Basically I think what we're trying...
Commissioner Alonso: We are not disposing of the property.
Mayor Suarez: Right.
Commissioner Alonso: Very clear.
Commissioner Plummer: I think what we're trying to accomplish is is to send
It to the Manager, to draw up a lease...
Mr. Jones: No. You can't draw up a lease. That's what I'm trying to tell
you.
Commissioner Plummer: An agreement.
Mayor Suarez: He means a document...
Commissioner Alonso: An agreement.
Mayor Suarez: ...of use of the property.
Commissioner Plummer: Understanding...
Mr. Jones: OK.
Commissioner Plumner: ...that they are to occupy the building. They will pay
for certain repairs, and in return they will make available to the City
compensation equal to the value of what the ad valorem taxes would be. And I
would assume, on your predication, that lease would have to be renewed every
two years, or whatever. And if they want to talk about it...
90 December 10, 1992
ya_
Mr. Odio: It's not a lease.
Commissioner Plummer: Excuse me. The agreement of understanding.
Commissioner Alonso: Didn't we discuss exactly the same thing the last
Commission meeting?
Mr. Jones: At the last Commission meeting. Yes.
Commissioner Plummer: Yes.
Mayor Suarez: All right.
Commissioner Alonso: Here we are again saying exactly the same and...
Mayor Suarez: We're not moving forward. All right.
Commissioner Alonso: No, not at all.
Mayor Suarez: The motion is to proceed to...
Commissioner Plummer: No, excuse me. Excuse me. In all fairness now, there
has been an added feature about collective bargaining that was not discussed
at the previous meeting. That was not discussed.
Commissioner Alonso: Oh. Yes, that's true.
Commissioner Plummer: OK?
Commissioner Alonso: Yes.
Commissioner Plummer: So there is a difference. In all fairness.
Mayor Suarez: All right. On the motion then is to proceed to draft the
documents to a... towards a revocable use permit for your use of the
facility. I see both of you nodding.
Commissioner Alonso: Yes.
Mayor Suarez: I take that to mean that there is general agreement in
principle. The City Attorney has all kinds of reservations, which is not
unusual. And do we have a second?
Commissioner Plummer: Yes.
Mayor Suarez: Second. Call the roll.
91
December 10, 1992
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 92-788
A MOTION REFERRING TO THE CITY MANAGER REPORT DRAFTED
BY THE CITY ATTORNEY ON THE PROPOSED LEASE OF FORMER
FIRE STATION (LOCATED AT 151 NW 27 AVENUE) TO THE
FRATERNAL ORDER OF POLICE, MIAMI LODGE NO. 20, IN
ORDER THAT A MEMORANDUM OF UNDERSTANDING BE DRAWN UP
FOR A REVOCABLE USE PERMIT FOR SAID FACILITY; FURTHER
APPROVING SAID REQUEST SUBJECT TO ALL NECESSARY
DETAILS BEING RESOLVED.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
17. BRIEFLY DISCUSS, AND TABLE TO THE AFTERNOON, CONSIDERATION OF PROPOSED
EMERGENCY ORDINANCE INCREASING THE FISCAL YEAR '92 APPROPRIATIONS FOR
POLICE AND SOLID WASTE DEPARTMENTS AS THE RESULT OF EMERGENCY
EXPENDITURES RELATING TO HURRICANE ANDREW, AND A BUDGETARY ADJUSTMENT IN
SPECIAL PROGRAMS AND ACCOUNTS. (See label 26)
Mayor Suarez: Item 5.
Mr. Cesar Odio (City Manager): This item is being presented to you on an
emergency basis in order to make final adjustments to the City's FY 192
financial records for review by the City's external auditors. Any delays in
the passage of this Ordinance will delay auditors' final review of the City.
Mayor Suarez: I'll entertain a motion on the emergency ordinance.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? Commissioner... Commissioner
Dawkins.
92 December 10, 1992
Commissioner Dawkins: Under discussion. Where is my five? l don't... Let
me see your five. I need my marked up five. Thank you. Explain to me what
expenditures were in the Police Department that put it 2.9 million dollars
above the budgeted apart.
Mr. Odio: Commissioner, the expenses that we are adjusting here today are
related directly to Hurricane Andrew. The... Most of the expenditures in the
Police Department, which were four million and excess of overtime.
Commissioner Plummer: Wait, wait.
Mr. Odio: And also, the Solid Waste Department incurred over two more million
dollars in hurricane related expenses and...
Commissioner Plummer: Four...
Mr. Odio: ...also we had to adjust 1.7 million dollars...
Commissioner Plummer: Four million in overtime?
Mr. Odio: ...on the balance of the retirement incentive plan.
Commissioner Plummer: With just the hurricane alone? No.
Mr. Odlo: But the overtime for hurricane related issues is what changed...
Commissioner Dawkins: OK. Somebody...
Commissioner Plummer: Excuse me. May I inquire?
Commissioner Dawkins: Go right...
Commissioner Plummer: Are you saying...
Mr. Manohar Surana (Assistant City Manager): It's a bookkeeping...
Commissioner Plummer: Why don't you come see me then, if you don't want me to
say it on the record? I'll ask this matter be deferred until the afternoon.
Mayor Suarez: OK. The matter is tabled. OK.
93 December 10, 1992
7
`
i
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18. EMERGENCY ORDINANCE: AMEND 10021 (WHICH ESTABLISHED INITIAL RESOURCES
AND APPROPRIATIONS FOR LAW ENFORCEMENT TRUST FUND) TO PROVIDE FOR
INCREASE $1t002,000 AS RESULT OF ADDITIONAL MONIES DUE TO FORFEITURE.
Mayor Suarez: All right. Item 6. Emergency Ordinance adopting...
Commissioner Plummer: Where is the $902,000 coming from?
Assistant Chief Raul Martinez: Law Enforcement Trust Fund.
Mayor Suarez: ...amending Ordinance number 10021...
Commissioner Plummer: Is that monies that are going into the fund from
confiscated goods?
Assistant Chief Martinez: Yes. Yes, sir.
Mayor Suarez: Law Enforcement Trust Fund... on all previously approved
items, I presume. Right?
Commissioner Plummer: Oh, definitely. Definitely I want to put money in. I
vote yes.
Mayor Suarez: All right.
Commissioner Plummer: I'll move it.
Assistant Chief Martinez: OK. Let me answer your question. Most of them
have been previously approved.
Commissioner Alonso: But what's the...
Commissioner Plummer: Item 6.
Assistant Chief Martinez: There are two that are on the agenda for today.
Commissioner Alonso: What item?
Commissioner Plummer: Six. Six.
Commissioner Alonso: Six? OK.
Mayor Suarez: OK. The ones that we've approved are part of them.
Assistant Chief Martinez: Yes. The ones that you've approved the previous
Commission... You just approved Kids Off -Street earlier. You just approved
the four German Shepherd dogs here earlier today.
Mayor Suarez: I don't need to get into the specifics. The ordinance
Incorporates the ones we approved today...
94 December 10, 1992
r
Lt. Joseph Longueira: Plus two others.
Assistant Chief Martinez: Plus two others.
Mayor Suarez: And they're all ones we approved previously.
Commissioner Dawkins: Hold it. Hold it.
Assistant Chief Martinez: And there are two pending on the agenda.
Commissioner Plummer: No. Deferred until this afternoon. They're easy.
Assistant Chief Martinez: On today's agenda.
Mayor Suarez: Oh, there are two others, later on in the agenda?
Assistant Chief Martinez: Yes, sir.
Mayor Suarez: Oh, that's not the way to handle it. OK. Commissioner
Dawkins.
Commissioner Dawkins: No. Explain to me, Mr. Manager, how is it that we are
just receiving this money, it has not received this money, and you have spent
some of this money? Explain that to me, Mr. Manager.
Commissioner Plummer: No, not from this money. The other...
Mr. Cesar Odio (City Manager): No. Because we have other funds in the
account, Commissioner.
Commissioner Dawkins: That's what I know.
Mr. Odio: Right.
Commissioner Dawkins: I mean, you know...
You know, that's why... that's
what makes me angry, Mr. Manager.
Mr. Odio: Right. We have other funds.
1:
Commissioner Dawkins: You know, for them
to stand up there and tell us...
r; Mr. Odio: No.
Commissioner Dawkins: ...that the ones
you
just approved are depending on
your approval. We know better than that.
Mr. Odio: We have enough money set aside
for
the $20,000...
Commissioner Dawkins: Sure we... Of course.
Thank you, Mr. Manager. That's
good enough. That's all I need.
Commissioner Plummer: Well, excuse me.
The
memo which we received you have
2.6. Is that correct?
95 December 10, 1992
Assistant Chief Martinez: That's correct.
Mr. Odio: That's what I'm saying.
Commissioner Plummer: Does that include this?
Mr. Odio: No, we are adding this...
Assistant Chief Martinez: Including that. Includes.
Commissioner Plummer: So, now you have 3.5.
Assistant Chief Martinez: No, no.
Lt. Longueira: You subtract this from the 2.6.
Assistant Chief Martinez: Subtract that from the 2.6.
Mayor Suarez: It's part of the 2.6.
Commissioner Plummer: Subtract this?
Lt. Longueira: Right. Subtract that from
the 2.6.
Commissioner Plummer: Is
this money into
the fund or out of the fund?
Assistant Chief Martinez:
Out of the fund
into appropriations, to be spent.
Commissioner Plummer: To
appropriations?
f
Assistant Chief Martinez:
To be spent on
these programs.
Mr. Odio: See, you have
a fund that it...
f
Commissioner Plummer: I
vote no. Excuse
me. I withdraw my motion, if this
is appropriations.
Mr. Odio: No. Because
then you... No.
But then you have to withdraw from
the appropriations.
Commissioner Plummer: Is
this money into
the fund or out of the fund?
Mr. Odio: In other words, you have it
in a fund account, you put it in
appropriations, and then
you spend it.
f"
v;
Lt. Longueira: Sir, this
is money...
Mr. Odio: It's a bookkeeping...
Lt. Longueira: There's 2.6 million dollars that we confiscated that's sitting
there.
Commissioner Plummer: It's the memo I have. Yes. Yes, sir.
96 December 10, 1992
0
Lt, Longueira: in order to use any part of that money, we have to appropriate
it for certain projects.
Commissioner Plummer: Correct.
Lt. Longueira: You have approved six out of the eight projects here so far.
The other two projects are for discussion today - the rental cars, which we
talked to you about, Commissioner Plummer, and the Noble contract for
sensitivity training. If we...
Commissioner Plummer: OK. What about the Regis House?
Lt. Longueira: Regis House you made a motion, it came out of the budget.
Commissioner Plummer: It's out of the regular... reaular Pol ir_p hijdmat.
Lt. Longueira: Right. That came...
Commissioner Plummer: All right. So these are monies that have been
previously been allocated by this Commission and it's covered under this
amount of money?
Lt. Longueira: Yes, sir.
Commissioner Plummer: Fine. Thank you. I'll reinstate my motion.
Commissioner Alonso: And Regis House is going to receive funding from the
Police Department on a regular basis every year?
Lt. Longueira: Well, every year, during the budget process, you'll have to
insure that...
Commissioner Plummer: We'll approve that.
Lt. Longueira: ...it's covered in the budget.
Commissioner Plummer: We'll approve it.
Commissioner Alonso: And I think it's important for Regis to know this is
going to be the system, so that they follow the case all through the process
of budget...
Commissioner Plummer: If they get three votes.
Commissioner Alonso: ...the City of Miami so that... Exactly. So that they
get support.
Commissioner Plummer: Yep.
Commissioner Alonso: But if they have no idea that that is the case, they
might be new to one of these budget processes.
97 December 10, 1992
n
Commissioner Plummer: Well, let me just say to you, one of the things in the
pitfalls in the danger here, Madam Commissioner, is that you don't want all of
these other organizations, which have been denied under social services,
suddenly to rewrite their programs to what they feel that they're now eligible
for these monies and completely deplete the fund.
Commissioner Alonso: Of course not.
Commissioner Plummer: There are and should be... And I'll tell you
truthfully, my opinion is that there should not be any more of these monies
spent in percentage than we do on federal revenue funds. I think we have a
maximum on... Mr. Manager, federal revenue funds that we can spend on social
services is 15 percent of the total fund and I think there has got to be a
limit on the Law Enforcement Trust Fund, of a limit of what we can spend on
social agencies. Because, as you know, my fight is not with you in reference
to where the money is going. My fight is that I think more of these monies
can be used for everyday activities in the Police Department. We disagree at
this point.
Lt. Longueira: Yes.
Commissioner Plummer: OK? But I think if we can relieve the taxpayers of
some of the dollars that we're taking out of the general fund today and use
those dollars here, that's my fight. But I think there has got to be a limit
on how much of this money that you're going to use for social agencies.
Lt. Longueira: All right. But that...
Commissioner Plummer: If not, you're going to be in the same boat...
Mayor Suarez: That's a restatement of your views, which we understand. I
think that we're going to have to take that account.
Commissioner Alonso: Sure. Yes.
Mayor Suarez: If they happen to coincide with the Chief's views, and that's a
good circumstance, to see the two of you agreeing.
Chief Calvin Ross: And I must say that, in line with what Commissioner
Plummer is saying there, that the Police Department certainly, if you look at
that 2.6 million dollars and the amount that's being appropriated now, almost
80 to 90 percent of that is for Police Department equipment and Police related
programs, versus the Community Based type programs.
Commissioner Alonso: We have two items coming up that are the basis for this.
Is it not?
Asst. Chief Martinez: There are two more items.
Commissioner Alonso: Exactly. Yes.
Mayor Suarez: All right. On the matter before us, we have a motion by
Commissioner Plummer.
98 December 10, 1992
d{
,
Commissioner Plummer! Yes, sir.
Commissioner Alonso: Second it.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Call the roll.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY
TITLE ONLY AND THE CITY CLERK BEGAN THE ROLL CALL.]
COMMENTS MADE DURING SECOND ROLL CALL:
Mayor Suarez: Item...
Ms. Matty Hirai (City Clerk): Second roll...
Commissioner Plummer: May I inquire one...
Ms. Hirai: Second... Excuse me.
Commissioner Plummer: Mr. Mayor, please.
Commissioner Dawkins: Second roll call.
Ms. Hirai: Second roll call.
Mayor Suarez: Second roll call.
Commissioner Plummer: Stop. Joe, of the $902,000 that are here...
Lt. Longueira: Yes, sir.
� �
Commissioner Plummer: ...is the Coconut Grove Pia
Playhouse included in that?
y
�X
Lt. Longueira: No, sir.
Commissioner Plummer: Why not?
}
Lt. Longueira: I don't know why except I believe that we're working on
another ordinance that's coming...
Commissioner Plummer: But it's already been approved by...
Lt. Longueira: ...that's coming next month.
Commissioner Plummer: Excuse me. Yeah. But they're going broke. Mr. City
Attorney, can we increase this?
Ar
Commissioner Dawkins: No. Not without the... the Chief's... OK.
Commissioner Plummer: No, no. He's... They've already approved it, that's
my point.
Mayor Suarez: It has been approved already.
99 December 10, 1992
y1{..�..-10
,�c r
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Commissioner Plummer: OK? And if they don't... If they don't, they're going
to... it's going to fold. Mr. City Attorney, can we...
A. Quinn Jones III, Esq. (City Attorney): If the appropriations are already
been made for it.
Commissioner Plummer: The appropriations...
Assistant Chief Martinez: The resolution has been passed.
Commissioner Plummer: The resolution has been passed by this Commission...
Lt. Longueira: The Chief certified it already and they approved it last
meeting.
Commissioner Plummer: We approved it at the last meeting.
Mr. Jones: It has already been approved. Then, yes.
Commissioner Plummer: OK. Then I would ask, in concurrence with what we
previously acted upon, that this be... What? One million two dollars.
Lt. Longueira: One million two thousand, I think.
Mr. Odio: Right.
Commissioner Plummer: One million two thousand, and I would ask for a re -vote
to incorporate that which the Commission has already done in reference to the
Playhouse, if that's... according to the City Attorney is legal, I would so
move at this time.
Mayor Suarez: All right. Do you want to complete the roll call on the
prior...
Commissioner Plummer: I think you've got to do it under this ordinance to be
legal, Mr. Mayor.
Mayor Suarez: All right. So then, 1n that case, we would...
Commissioner Plummer: I would ask that a re -vote be taken...
Mayor Suarez: Move to reconsider the prior...
Commissioner Plummer: ...and the motion now would be that the aggregate is a
total of...
Mayor Suarez: So, in...
Commissioner Plummer: ...one million two hundred... one million two thousand
dollars...
Mayor Suarez: All right. Two hundred thousand.
100 December 10, 1992
Commissioner Plummer: OK? And if they don't... If they don't, they're going
to... it's going to fold. Mr. City Attorney, can we...
A. Quinn Jones III, Esq. (City Attorney): If the appropriations are already
been made for it.
Commissioner Plummer: The appropriations...
Assistant Chief Martinez: The resolution has been passed.
Commissioner Plummer: The resolution has been passed by this Commission...
Lt. Longueira: The Chief certified it already and they approved it last
meeting.
Commissioner Plummer: We approved it at the last meeting.
Mr. Jones: It has already been approved. Then, yes.
Commissioner Plummer: OK. Then I would ask, in concurrence with what we
previously acted upon, that this be... What? One million two dollars.
Lt. Longueira: One million two thousand, I think.
Mr. Odio: Right.
Commissioner Plummer: One million two thousand, and I would ask for a re -vote
to incorporate that which the Commission has already done in reference to the
Playhouse, if that's... according to the City Attorney is legal, I would so
move at this time.
Mayor Suarez: All right. Do you want to complete the roll call on the
prior...
Commissioner Plummer: I think you've got to do it under this ordinance to be
legal, Mr. Mayor.
Mayor Suarez: All right. So then, 1n that case, we would...
Commissioner Plummer: I would ask that a re -vote be taken...
Mayor Suarez: Move to reconsider the prior...
Commissioner Plummer: ...and the motion now would be that the aggregate is a
total of...
Mayor Suarez: So, in...
Commissioner Plummer: ...one million two hundred... one million two thousand
dollars...
Mayor Suarez: All right. Two hundred thousand.
100 December 10, 1992
Commissioner Plummer: ...including that which has previously been passed. I
so move.
Mayor Suarez: So asked to include that portion that was left out.
Commissioner Alonso: Second.
Mayor Suarez: So moved and seconded. Moved to reconsider. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-789
A MOTION TO RECONSIDER PRIOR VOTE ON EMERGENCY
ORDINANCE, AMENDING THE ORIGINAL ORDINANCE WHICH
ESTABLISHED THE INITIAL RESOURCES AND APPROPRIATIONS
FOR THE LAW ENFORCEMENT TRUST FUND; FURTHER PROVIDING
FOR AN INCREASE IN THE AMOUNT OF $902,000 AS A RESULT
OF ADDITIONAL MONIES DEPOSITED DUE TO SUCCESSFUL
FORFEITURE ACTIONS, ETC.
(Note: A new emergency ordinance was immediately
thereafter passed and adopted, as modified [Emergency
Ordinance 11025].)
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Now the correct motion.
Commissioner Plummer: Now the second...
Commissioner Alonso: ...step one.
Commissioner Plummer: Excuse me. What is the next motion?
Mayor Suarez: Now it's to approve...
Ms. Hirai: No, this was for...
Commissioner Alonso: Now is the motion.
Mayor Suarez: ...the entire appropriations package.
101 December 10, 1992
.� .art —
Commissioner Plummer: I so move.
Mayor Suarez: Seconded by Commissioner Alonso. We've read the ordinance now
with the correction and incorporation of that item. Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10021,
ADOPTED' ON JULY 18, 1985, AS AMENDED, WHICH
ESTABLISHED INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND
RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO. 9257,
ADOPTED APRIL 9, 1981, TO PROVIDE FOR AN INCREASE IN
THE AMOUNT OF $1,002,000 AS A RESULT OF ADDITIONAL
MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL
FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Alonso, 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. 11025
102 December 10, 1992
----- .+-rya -----.----.r----------------.----...w.+------------------- -.--
19. SECOND READING ORDINANCE: AMEND CODE SECTION 52.6-3 CONCERNING GOVERNING
BODY OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY -- ELIMINATE NECESSITY
FOR SEPARATE GROUPS BY HAVING ALL MEMBERS SERVE TWO YEAR TERMS, EXCEPT
THE CITY COMMISSION MEMBER, WHOSE TERM SHALL RUN FOR ONE YEAR. (See
label 71)
Commissioner Plummer: I move item 7.
Mayor Suarez: Mr. Gonzalez-Goenaga, have a seat, sir.
Commissioner Alonso: Second.
Mayor Suarez: Item 7.
Commissioner Plummer: I move it.
Mayor Suarez: Moved and seconded. Any discussion? If not, please read the
ordinance.
Commissioner Plummer: When does Dawkins come off of there?
Commissioner Dawkins: Soon.
Mayor Suarez: Call the... Read the ordinance, please. Call the roll.
AN ORDINANCE -
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.
Passed on its first reading by title at the meeting of November 12,
1992, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Alonso, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
103 December 10, 1992
wo
i
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11026.
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: This second reading Ordinance 11026 was later
reconsidered and passed and adopted, as modified, as
Ordinance 11028.]
Vice Mayor De Yurre: Let me... Let me make one point. Are we in the process
of bringing everything up to speed, like we mentioned last time? That all
these offices terminate on election years?
A. Quinn Jones III, Esq. (City Attorney): Yeah. In fact, Commissioner...
Vice Mayor De Yurre: Is that what we're doing with this?
Commissioner Dawkins: That is. That's what that is.
Mr. Jones: Vice Mayor, they will be bringing legislation at the meeting in
January that will take care of all the other voiced concerns that you have.
Vice Mayor De Yurre: OK. But this one, for example, now we're talking about
two years from when? We have an election next year. If you're appointing
somebody now for two years...
Commissioner Dawkins: No, there only going to have one year this year and
then it goes into two years with the election.
Vice Mayor De Yurre: So... OK. That's...
Commissioner Dawkins: That's what... That's my understanding.
Vice Mayor De Yurre: OK. Then they get... OK. Whatever my understanding
is, or what we've been discussing, is that come election time, November next
year, all these boards are going to be up.
Commissioner Dawkins: That's right. That's my understanding.
104 December 10, 1992
FRPr x
Vice Mayor De Yurre: So, I just want to make sure that whatever we do...
Mr. Jones: Only the boards that Commissioners are on.
Vice Mayor De Yurre: What's that?
Mr. Jones: Only the boards that the Commissioners are on.
Commissioner Dawkins: No, no.
Vice Mayor De Yurre: No, no.
Mr. Jones: That was... Those were your instructions.
Vice Mayor De Yurre: Bring me the minutes, because I don't recall that. My
understanding was that all of the boards...
Ms. Hirai: Yes.
Vice Mayor De Yurre: ...are going to be up...
Mr. Jones: No. Your instructions were that all boards that Commissioners
were on, that the memberships be reviewed...
Vice Mayor De Yurre: No. -
Mr. Jones: ...June 1st of every year.
Vice Mayor De Yurre: Well, if that was your understanding, you know, that is
not mine...
Ms. Hirai: No.
Vice Mayor De Yurre: ...my desire and I don't know if that's the position of
the rest of the Commission.
Commissioner Plummer: Wait, wait. Wait a minute. What is all this
backtracking going on here?
Mr. Jones: No. The instructions that you...
Vice Mayor De Yurre: We're not backtracking, we're just making sure that
all...
Commissioner Plummer: Right.
Vice Mayor De Yurre: ...what we talked about at the last meeting that all
boards, no matter if there is a chairman that's from this Commission or not...
all boards, that the terms expire on the election years, so that we can...
Commissioner Plummer: Oh. I'm sorry. I thought you were talking about
chairmanships.
Vice Mayor De Yurre: No, no.
105 December 10, 1992
Mr. Jones: No. What that was...
t
Vice Mayor De Yurre: We're talking about...
Mr. Jones: Well, I111 get the minutes back because my...
Commissioner Plummer: In other words, it's every two years...
Vice Mayor De Yurre: Well, if you need... If you need a motion now, just so
you get that, you know, I would move that...
Mr. Jones: Well, let's get a motion clarifying it...
Ms. Hirai: Yeah. Victor, I agree with you. You're right.
Mr. Jones: ...because the instructions you gave at the last meeting were
that...
Ms. Hirai: I'm getting the minutes, but I agree with you.
Mr. Jones: ...all boards that Commissioners sat on, you wanted...
Commissioner Dawkins: It was my understanding, I think...
Mr. Jones: You wanted all of the memberships of the chairmen...
chairmanships to be reviewed on June 1st.
Ms. Hirai: Not only chairmanships.
Commissioner Dawkins: I think we need to table this until this afternoon,
because my understanding was, and if I'm in error, somebody correct me, that
these nominations were for one year, until election year, and then after the
election, every appointment would be for two years, to coincide with
elections. Now, that's what I thought we voted. I don't know.
Ms. Hirai: That's right.
Commissioner Plummer: That's what I understood.
Vice Mayor De Yurre: And if you need then a formal motion, I so move that.
Commissioner Plummer: Hey, you know, it's... Well, I don't know why. I
thought we made it clear at the last meeting.
Commissioner Alonso: We made it very clear.
Commissioner Dawkins: Whatever.
Commissioner Plummer: So, that...
Commissioner Alonso: And you're working on...
Mayor Suarez: No.
106 December 10, 1992
i,
Commissioner Plummer: And it was even said that it was because of Miriam,
where she came on and there were appointments made by her predecessor who were
still on after she was the Commissioner. That's what was wrong.
Commissioner Alonso: And I say I'm very fortunate that they were very good
people and I reappointed every one of them.
Commissioner Plummer: Oh Godl
Mayor Suarez: As to the personal aspects of it... OK. Where are we on the
ordinance? Do you need some time to work it up, Mr. City Attorney, and bring
it back in the afternoon?
Mr. Jones: Yeah.
Mayor Suarez: All right.
--------- I---------------------------------------------------------------------
20. (A) BRIEF COMMENTS ON LUNCHEON SPONSORED BY THE DOWNTOWN MIAMI
EXECUTIVES.
(B) COMMENTS CONCERNING GUIDELINES CONTROLLING PUBLIC FISHING FROM
BRICKELL BRIDGE.
------------------------------------------------------------------------------
Mayor Suarez: Item... Item, Commissioner Plummer, you want to tell us
something about some flyer?
Commissioner Plummer: No, I just... Mr. Mayor, I thought that it was, you
know, when we find that people that work for DDA (Downtown Development
Authority)...
Mayor Suarez: Why are you saying that somebody that works for DDA that put
this out?
Commissioner Plummer: It was my understanding this was passed out by a
luncheon by Mrs. Eisenberg yesterday.
Mayor Suarez: I didn't know that she worked for DDA.
Commissioner Plummer: Does she work for DDA?
Commissioner Alonso: She's a member of the...
Mayor Suarez: Pat Eisenberg works for DDA?
Commissioner Plummer: Oh.
Mayor Suarez: No, I don't think so.
Commissioner Plummer: Then I stand corrected. But these were passed out
yesterday at a luncheon in which she is the founder of the club that had the
luncheon. And I was just asking...
107 December 10, 1992
+'1
Mayor Suarez: Oh, is that the Downtown something political club?
Commissioner Alonso: Downtown Miami... executives...
Commissioner Plummer: Yeah.
Mayor Suarez: OK.
Commissioner Plummer: Yeah. And by the way, I was accused, because of your
statement relating to people fishing on the Brickell Bridge... the bridge
over there, that was attributed to me, that I was the bad guy that said that
they shouldn't. I merely said that they ought to put a toll to pay for the
repairs of the bridge...
Mayor Suarez: Oh.
Commissioner Plummer: ...you brought out about the fishing, but I took credit
for it in the heat.
Mayor Suarez: I... Yeah. I generally like people being able to fish off of
bridges, et cetera.
Commissioner Plummer: Yeah. By the way, just for your edification, the word
has never been passed down to the Police Department to quit sending cars over
there, to stop people from fishing on the bridge. They still send them over
there.
21. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED FIRST READING
ORDINANCE AUTHORIZING ISSUANCE OF PARKING SYSTEM REVENUE BONDS
($20,000,000). (See label 27)
Mayor Suarez: OK. Item 9.
Commissioner Plummer: Eight.
Commissioner Alonso: Eight.
Mayor Suarez: Eight. I'm sorry. First reading authorizing the issuance of
Parking System Revenue Bonds, et cetera, et cetera...
Commissioner Plummer: May I inquire, Mr. Manager, at the last meeting we were
to negotiate an underwriter's fee, before the bonds were to be sold on the
$90,000,000 and it was to come back...
Mr. Cesar Odio (City Manager): On the...
Commissioner Plummer: ...before this Commission.
Mr. Odio: On the $90,000,000, yes.
108 December 10, 1992
rx�
F
Commissioner Plummer: Can I ask and inquire what happened there?
Mr. Odio: Let me find out. Carolyn? They were negotiating. But it had
nothing to do with...
Commissioner Plummer: Well, they were supposed to... It was supposed to be
brought back to the Commission before...
Mr. Odio: It had nothing to do with this item.
Commissioner Plummer: No, I understand, but I'm merely asking on that.
Mr. Odio: Yeah. That...
Mr. Carlos Garcia: No, sir.
Mr. Odio: We'll bring it back to you on...
Mr. Garcia: The fees were $400,000, the final fees for the...
Commissioner Plummer: Why did I read, in Miami Today, that the fees were
$3000000.
Mr. Garcia: No, sir. Four hundred thousand dollars, that's what Miami Today
said.
Commissioner Plummer: Four hundred?
Mr. Garcia: Yes, sir.
Commissioner Plummer: OK. So, they were dropped from the normal $900,000...
Mr. Garcia: Well, $900,000 was a rule of thumb that I use a one percent.
Commissioner Plummer: But they...
Mr. Garcia: That's the number that I mentioned to you.
Commissioner Plummer: What you're actually paying is $400,000?
Mr. Garcia: Yes, sir. Yes, sir.
Commissioner Plummer: OK. Thank you.
Mr. Garcia: That was the final number.
Mayor Suarez: All right?
Commissioner Plummer: I should squawk more like that.
Mayor Suarez: Clarified item 8 then is a motion by Commissioner Plummer?
Commissioner Plummer: On eight?
109 December 10, 1992
Mayor Suarez: Yes.
Commissioner Plummer: Well, let's listen to Clark Cook understand why.
Mayor Suarez: OK. Sir. It's a refinancing. Mr. Albo, a long time visitor
to Miami City Hal I, you tend to have a 11ttle bit more volume than we can
afford to have from a member of the audience, sir. But I see he's on his way
out and will continue to discuss with Howard Gary, or anyone else, his
concerns in a nice, appropriate volume. All right. Go ahead, Mr. Cook.
Mr. Clark Cook: This is simply to refund an existing debt, and take advantage
of the lower interest rate. We'll make a little over a million dollars, if we
are successful in doing this.
Commissioner Plummer: You won't make it. You'll save it.
Mr. Cook: Save it. That's correct, sir.
Commissioner Plummer: And does this in any way extend the life of the
amortization?
Mr. Cook: The answer to that is yes, it does.
Commissioner Plummer: Then I'm opposed to it. You're not really saving then.
How long does... How long are you stretching it out?
Mr. Cook: Twenty years.
Commissioner Plummer: Twenty more years?
Mr. Cook: No. Harold?
Mr. Harold Manasa: It would be a refinancing...
Mayor Suarez: Why don't you put your name on the record so we know whose
mysterious voice, please?
Commissioner Plummer: The last issue... Mr. Manager, am I correct, the
$90,000,000 that we did we saved "X" number of million and we did not extend
the contract at all. Is that correct?
Mr. Odio: Within... And we...
Commissioner Plummer: Why aren't we using that same procedure here?
Mr. Odio: We saved $2,000,000, by the way, on the $90,000,000.
Commissioner Plummer: But excuse me. The point I'm making is... Carlos, for
the record, please, do I recall very clearly that we did not extend the years
of the bond?
Mr. Garcia: That is true. Yes, Commissioner.
110 December 10, 1992
7777
Commissioner Plummer: Now, why if we can do that 1n the City, can't they do
that in the Off -Street Parking?
Mr. Garcia: Well, every transaction has a different format, so you cannot
really compare one against the other.
Commissioner Plummer: Well, maybe I don't like their format. It's costing me
more years.
Mr. Manasa: Good morning, Commissioners. Harold Manasa, Department of Off -
Street Parking. Commissioner, this bond was reissued in 1986 as a refunding.
The refunding now will only extend it six years beyond its current terms.
Commissioner Plummer: You just said 20.
Commissioner Alonso: Twenty.
Mr. Manasa: Well, it's a twenty year bond. We won't be extending it 20 more
years.
Commissioner Plummer: OK.
Mayor Suarez: So, it's going from the remaining 14 years to a...
Mr. Garcia: To a... Twenty years. OK.
Mayor Suarez: ...new bond of 20 years.
Mr. Manasa: Yes, sir.
Commissioner Plummer: But why, Mr. Mayor? If the other bond that we had, we
saved millions of dollars and did not extend it...
Mayor Suarez: Yeah. Why couldn't we do it like we've done others, where we
don't have to extend the term?
Commissioner Plummer: You're tying up revenue and non-bonding ability in the
Off -Street Parking Authority for an additional six years, where we might
not... we might need to have additional bonds issued. I think that's a bad
deal.
Mr. Manasa: Certainly, Commissioner, we can structure the bond to fulfill the
remaining term of the existing bond, if that's the Commission's desire.
Commissioner Plummer: Well, excuse me. Are you still going to save a million
dollars?
Mr. Cook: No.
Commissioner Dawkins: Who's your financial adviser, Howard Gary?
Mr. Manasa: Howard Gary. Yes, sir.
Commissioner Dawkins: And he's... Who's our financial advisor? Howard Gary?
ill December 10, 1992
r
o
Mr. Manasa: No. I beg your pardon? Howard Gary.
Commissioner Dawkins: Beg your pardon?
Mr. Cook: No, no. Howard Gary is our underwriter... our chief underwriter.
Commissioner Plummer: Well, Clark, do you understand what I'm saying? In the
City...
Mr. Cook: I understand exactly what you're saying.
Commissioner Dawkins: Well, I don't understand... Something's wrong.
Commissioner Plummer: in the City we saved millions of dollars on a
refinancing and did not extend the bond at all. Now, you're telling me that
you're going to save a million dollars, but you've got to extend another six
years.
Commissioner Dawkins: You're not saving anything.
Commissioner Plummer: Now, then what you're really telling me, if you don't
extend the years, you're not saving the million. Then maybe it's not
worthwhile to refinance.
Mr. Cook: Commissioner...
Commissioner Dawkins: I think they need to bring this back.
Mr. Cook: We have looked at...
Commissioner Alonso: Yes. Definitely.
Mr. Cook: And I'll be glad to bring it back, Commissioner. We had looked at
It very closely before we stepped forward to do this.
Commissioner Dawkins: You're not paid. Don't go over there.
Mr. Cook: And what it basically is is a shelf refinancing, and I have my
chief underwriter over here. Let's see if I can get some advice from him.
Commissioner Plummer: OK. Well, give me some answers. That's all I'm
asking.
Mr. Cook: That's... Wait one second.
Commissioner Plummer: If we don't extend the bond any additional years, how
much will the savings be or not be?
Commissioner Alonso: I think they will have to bring this item back.
Commissioner Plummer: OK. Fine. If you want to bring it back...
Mr. Cook: To... Yeah.
112 December 10, 1992
Commissioner Plummer: All I want is an answer.
Mr. Cook: To extend it the six years, the savings are over a million dollars.
To not extend it those six years... I don't... We don't have a figure, do
we?
Mr. Manasa: First, I'd like to correct what I said earlier. Kidder, Peabody
and Company, represented by Richard Montalbano is our financial advisor, not
Howard Gary. Howard Gary Co. is the chief underwriter... the lead
underwriter here. The million dollar savings is when you compare...
Commissioner Plummer: Was that a bidded procedure of who the underwriters
were?
Mr. Manasa: It was a negotiated... RFP (Request for Proposals) went out and
when the RFP...
Mayor Suarez: On the particular one at hand, or on the prior one, or both?
Commissioner Plummer: Is it rotated?
Mr. Manasa: It was the prior one and the board...
Mayor Suarez: Please, please. Harold, on the particular one at hand or on
the prior one?
Mr. Cook: On the prior one.
Mr. Manasa: The prior one that we did in April we had an RFP process and we
have an all -minority local team put together. We decided... The board
decided to keep the same team in place.
Mayor Suarez: What does the one in April have to do with this? Harold, is
Mr. Gary's company the underwriter on the bond that we are refinancing, the
new one, or the existing one?
Mr. Cook: He is the...
Mayor Suarez: Or both?
Mr. Cook: He is the underwriter on the new one that we are refinancing.
Mayor Suarez: That you're hoping to... So, you already know who the
underwriter is going to be at this point.
Mr. Cook: That's correct. The underwriters are all local...
Mayor Suarez: All right. The problem is that you did not consider the
Commission's generally stated policy, not very clearly stated policy, but
generally stated policy, that we don't want to extend the terms.
Mr. Cook: No, I was not aware of that.
113
December 10, 1992
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Mayor Suarez: Can you work up some numbers and be ready for the item to be
taken up in the afternoon, with the term being no longer than the existing
term? Do you think you can do that?
Mr. Cook: I can do that, I think.
Mayor Suarez: All right.
Commissioner Plummer: Well, I... Clark, just for this one vote, I'm not
going to vote to extend it. OK?
Mayor Suarez: That's what I just told him.
Commissioner Plummer: And I'm saying that predicated not on any selfish
motive...
Mr. Cook: I follow you.
Commissioner Plummer: ...but in case...
Mr. Cook: I follow you.
Commissioner Plummer: ...in another three or four years that we need to
expand and issue more bonds, that could have a criteria of not...
Mayor Suarez: J.L., what he's going to look at is to see if by tightening the
period of time back to what it was, if they can afford to have the payments,
or if that, in any way, creates problems for their cash flow. I have a
feeling you can probably do it.
Mr. Cook: Yeah. Let us take a look at it and I'll be back this afternoon...
Commissioner Plummer: Sure.
Mayor Suarez: All right.
Mr. Cook: ...and have an answer for you.
Commissioner Alonso: Yes. And by the time you come back, please be ready to
give us specific answers. Because I don't feel, at least for one vote, very
much inclined to vote for something that now you rush back and in the
afternoon you come and you have cut the years from what you said it was going
to be, an extension of six more years to 20 and then you come back and in a
very short period of time you will be able to take care of this transaction.
It seems to me that it's not the best way to do it.
Mr. Cook: Well, Commissioner, I apologize for that misunderstanding. I did
not realize, I don't think our Chief Financial Officer realized, there was a
desire not to extend that type of bond.
Mayor Suarez: All right.
Mr. Cook: We reviewed that, we assumed that that extension was reasonable.
114 December 10, 1992
Mayor Suarez: See if you can make that modification between now and this
afternoon, Clark.
Mr. Cook: We'll do that. We'll return. Thank you.
Mayor Suarez: OK.
22. AMEND R-90-727 RELATING TO $7,500,000 GRANT FROM DADE COUNTY -- TO BE
USED FOR RENOVATION OF ORANGE BOWL STADIUM.
------------------------------------------------------------------------------
A. Quinn Jones III, Esq. (City Attorney): Mr. Mayor?
Mayor Suarez: Yes, sir.
Mr. Jones: May I bring up this item I spoke to you earlier about?
Mayor Suarez: Yes, sir.
Mr. Jones: Members of the Commission, last meeting you passed a resolution
accepting the 7.5 million dollar grant from Dade County to be used for and pay
for the...
Commissioner Plummer: Orange Bowl.
Mr. Jones: ...Orange Bowl. I was informed by bond counsel that inadvertently
a section was left out which would go to... Excuse me. ...which should have
been included in the resolution you passed. And essentially what it says is
that the City Manager, the Finance Director, the City Attorney, and all other
appropriate officers of the City, are authorized to execute any and all
closing documents, certificates, including certificates as to arbitrage
compliance and instruments deemed necessary by the County or bond counsel to
properly effectuate the grant. That...
Mayor Suarez: Is this a correction to...
Mr. Jones: Yes. So this would be a...
Mayor Suarez: ...not substantial correction, let's say.
Mr. Jones: No. Well, it's a...
Commissioner Plummer: One question.
Mr. Jones: Sure.
Commissioner Plummer: Arbitrage? I thought there was no longer any
provisions for arbitrage.
Mr. Jones: Can you explain that, Carlos?
115
December 10, 1992
i
Commissioner Plummer-, Carlos?
Mr. Carlos Garcia: We cannot make arbitrage, but there are some arbitrage
requirements that we need to provide to the federal government and that's what
this refers to.
Mayor Suarez: They're called arbitrage requirements, but there's no
indication that we're going to make money because of arbitrage. They're just
called that. Those are provisions to make sure we comply with federal law.
Commissioner Plummer: OK?
Mr. Jones: So, with that, that amendment is necessary and I'd ask that you...
Commissioner Plummer: So, you want that as adopted formally?
Mr. Jones: I have a formal resolution amending the resolution that you passed
at the last meeting.
Commissioner Dawkins: So moved.
Mayor Suarez: So moved.
Commissioner Plummer: Would you let him read what he wants passed?
Commissioner Alonso: Second.
Mayor Suarez: Seconded.
Commissioner Dawkins: Seconded. Read it now.
[AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE RECORD BY
TITLE ONLY.]
Mayor Suarez: All right.
Commissioner Plummer: Now, is this a grant... out right grant to the City?
We don't have to repay it.
Mr. Odio: Free money.
Commissioner Plummer: Hallelujah.
Mayor Suarez: From the franchise tax? From the sports franchise tax?
Commissioner Alonso: Love it.
Commissioner Plummer: Hallelujah.
Mr. Odio: The professional...
Mayor Suarez: ...sports...
Mr. Odio: The professional sports tax.
116 December 10, 1992
Commissioner Plummer: And let me tell you something. Mr. Mayor, again we
need to thank Skippy Shephard for the part that he played in getting these
monies to be made available.
Mr. Odio: Absolutely.
Vice Mayor De Yurre: Well...
Commissioner Plummer: He did a tremendous job.
Vice Mayor De Yurre: Think... You know, remember where this penny comes
from. This came from the Miami Sports Exhibition Authority's effort in
lobbying to get that penny, because we were trying to do the baseball stadium
situation.
Mr. Odio: Yeah.
Vice Mayor De Yurre: That didn't pan out. Now all of a sudden...
Commissioner Plummer: We won't say that the Sports Authority...
Vice Mayor De Yurre: ...we had all these monies.
Commissioner Plummer: ...tried to steal it all in the initial... and they
finally came to a compromise and gave us part of it.
Mayor Suarez: Yes.
Commissioner Plummer: Yes. I'll agree to that.
Mayor Suarez: What was the vote from the County Commission?
Mr. Odio: It was nine - zero, I think... passed...
Mayor Suarez: Unanimous?
Mr. Odio: Yeah. And...
Mayor Suarez: All right. That's good to know.
Mr. Odio: ...the Sports Authority obtained $6,000,000.
Mayor Suarez: All right.
Commissioner Plummer: Yeah. They got $6,000,000 plus they got any interest
derived therefrom on additional years.
Mayor Suarez: OK. On that matter, we have a motion and a second.
Commissioner Plummer: God bless.
Mayor Suarez: Do we? Call the roll.
117 December 10, 1992
fig}
i
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The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-790
A RESOLUTION AMENDING SUB -SECTION (c) OF SECTION 6,
ENTITLED, "ACTS OF CITY OFFICIALS", OF RESOLUTION NO.
92-727, ADOPTED NOVEMBER 12, 1992, RELATING TO THE
ACCEPTANCE OF A $7,500,000 GRANT FROM DADE COUNTY 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, THEREBY ADDING A NEW SUB -SECTION
6(c)(iv) AUTHORIZING THE HEREIN SPECIFIED CITY
OFFICIALS TO EXECUTE THE NECESSARY DOCUMENTS, IN
CONNECTION WITH THE ISSUANCE OF SAID BONDS BY THE
COUNTY AND RECEIPT OF SAID GRANT BY THE CITY OF MIAMI,
TO PROPERLY EFFECTUATE SAID GRANT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
23. AUTHORIZE EXECUTION OF AGREEMENT WITH METROPOLITAN DADE COUNTY FOR
IMPLEMENTATION OF COMMERCIAL FACADE TREATMENT PROGRAM -- ALLOCATE
$360,000 FROM CDBG FUNDS.
Mayor Suarez: Item 9. Bayside Specialty Center parking garage...
Commissioner Plummer: Nine and ten have been withdrawn, according to my slip.
Mayor Suarez: Is that correct?
Ms. Matty Hirai (City Clerk): Yes.
Mr. Cesar Odio (City Manager): Yes.
Mayor Suarez: All right. Sorry.
118 December 10, 1992
� �I� 3�
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Ms. Hirai: And ten.
Mayor Suarez: Item 11.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: I always love to take money from the County.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
Commissioner Plummer: Fine.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-791
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH METROPOLITAN DADE COUNTY, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR THE PURPOSE OF
IMPLEMENTING A COMMERCIAL FACADE TREATMENT PROGRAM
WITH FUNDS THEREFOR, IN THE AMOUNT OF $360,000.00,
BEING HEREBY ALLOCATED FROM THE COMMUNITY DEVELOPMENT
BLOCK GRANT COMMERCIAL FACADE REVITALIZATION PROGRAM
FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
119
December 10, 1992
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----i---W- t war lilt Y��tiY Wiwr WiLW' is ii----------
Z4. AUTHORIZE EXECUTION OF AGREEMENT APPROVING REFUNDING OF CERTAIN DADE
COUNTY, FLORIDA, HOUSING BONDS TO FINANCE LOW OR MODERATE INCOME HOUSING
IN THE CITY OF MIAMI (WHICH WERE ISSUED PURSUANT TO AGREEMENT WITH
METROPOLITAN DADE COUNTY).
Commissioner Plummer: Move 12.
Mayor Suarez: Item 12.
Commissioner Plummer: Move it.
Mayor Suarez: Moved. Do we have a second?
Commissioner Alonso: Yes.
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. 92-792
A RESOLUTION, WITH ATTACHMENT, 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 BONDS HAVING BEEN ISSUED PURSUANT
TO AN AGREEMENT BETWEEN THE CITY MANAGER AND DADE
t' COUNTY, FLORIDA, FOR THE ABOVE SPECIFIED PURPOSE;
FURTHER AUTHORIZING CONTINUATION OF EXISTING CITY
t ASSISTANCE FOR SAID PROGRAM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
120
December 10, 1992
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25. ACCEPT PROPOSAL OF HOWARD GARY AND COMPANY AND RAYMOND JAMES AND
ASSOCIATES, INC. -- FOR PROVISION OF FINANCIAL ADVISORY SERVICES TO THE
CITY.
------------------------------------------------------------------------------
Mayor Suarez: Item 13.
Commissioner Dawkins: Table it until...
Commissioner Plummer: Move it.
Commissioner Dawkins: Table it until February 14th, Valentine's Day.
Commissioner Plummer: St. Massacre Day?
Commissioner Dawkins: Yes.
Commissioner Plummer: Are you ha-ha-ing or are you... Hello? I move item
13.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Second.
Commissioner Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Mr. Gary, how much of the company do you own?
Unidentified Speaker: Too much.
Commissioner Plummer: One hundred and four percent.
Commissioner Dawkins: You see that's another time. The last time I heard
that "too much" it was made by Marty Fine when he told me, you've all got
enough to say grace over. That's the last time I heard that.
Mr. Howard Gary: We are the senior partner... managers on this engagement.
We will have 70 percent of this agreement.
Commissioner Dawkins: Seventy?
Mr. Gary: Seventy.
Commissioner Dawkins: What percent of the profit will you get? I don't care
anything about the agreement.
Mr. Gary: Seven zero. Seventy.
121
December 10, 1992
SO -
Commissioner Dawkins: Thank you.
Mayor Suarez: All right.
Mr6 Gary: Under discussion.
Mayor Suarez: On item 13...
Mr. Gary: Under discussion.
Mayor Suarez: Yes, Mr. Gary.
Commissioner Dawkins: You lost my vote.
Mr. Gary: Hmm?
Commissioner Dawkins: Under discussion. We were going to give it to you.
Now I'm through with it. We're through with it. We don't need your
discussion.
Commissioner Plummer: Because he wants to cut his fee.
Mr. Gary: No. I'd rather not be.
Mayor Suarez: OK. Call the roll.
Commissioner Plummer: I thought I taught you to quit when you were ahead.
Mr. Odio: What are you going to do?
Commissioner Plummer: Who is Raymond James and Associates? Is that another
company?
Commissioner Alonso: This is a unanimous recommendation from the selection
committee.
Commissioner Plummer: Are they here present? Excuse me. Is Raymond James
and Associates here present?
Mr. Gary: No. I'm the senior partner on this engagement so I came.
Commissioner Plummer: I'll ask the question again. Mr. Garcia?
Mr. Garcia: Yes.
Commissioner Plummer: Is it two companies that you're recommending?
Mr. Garcia: No. A single company. It's a joint venture... We're not...
I'm not recommending it. A selection committee is recommending it.
Commissioner Plummer: Howard Gary and Company...
Mr. Garcia: And Raymond James.
122 December 10, 1992
Commissioner Plummer: ...as I read it, is one.
Mr. Garcia: Right.
Commissioner Plummer: And Raymond James and Associates would be two.
Mr. Garcia: It's a joint proposal.
Commissioner Plummer: And you're saying that they're merging together?
Mr. Garcia: Yes. It's a joint proposal by both companies.
Commissioner Plummer: OK.
Mr. Garcia: Right.
Commissioner Plummer: And Raymond James is a local company?
Mr. Gary: They're out of St. Petersburg, but they have offices here.
Commissioner Plummer: Have offices here.
Mr. Gary: Right.
Commissioner Plummer: OK. And they are a minority firm?
Mr. Gary: No they are not.
Commissioner Plummer: They are not.
Mr. Gary: No.
Commissioner Dawkins: They're a good white firm, like you.
Commissioner Alonso: And this is a two-year contract, with three renewals?
Mr. Garcia: That is right.
Mr. Gary: The discussion I'd like to have is with regard to the agreement
that exists on the attached documents. And the reason I want to have this
discussion Is because the contract that you have reflects...
Mayor Suarez: What documents?
Mr. Gary: Beg your pardon?
Mayor Suarez: What documents?
Mr. Gary: On the document you have, you have a resolution authorizing the
Manager to negotiate an agreement, but you also have an agreement attached.
And we have some requests with regard to the amount of the compensation. This
is a... We've had this agreement for four years. We were unanimously
selected by your selection committee. The fees that are attached to your
123 December 10, 1992
s
agreement represent a 30 percent reduction. We're not requesting that the
fees that we are currently getting, that have not been increased for four
years, be increased. But we have some concerns about a reduction in the fees
that are... exist on the documents there. The fees that are currently in
effect basically have been the same fees for the last eight years. And we've
lived with those fees for the same four years. And we're suggesting that the
fees stay the same as they are currently. And we request that, that be
included as a part of the resolution.
Commissioner Plummer: Well, let's ask the Administration why they're
Justifying the reduction. The only thing I know going down is the value of
the dollar. Everything else is going up.
Mr. Garcia: What I have... Commissioner, what I have given you - I don't
have additional copies. We can make additional copies. - are the fees that
were proposed by the four firms that presented the proposals to the City. The
selection committee, in their deliberations, decided in the first meeting that
fees will be capped, based on the fees proposed by the firm of Evanson Dodge
and Fidelity Financial, which was also a co -venture. Those fees are the fees
that are reflected in the contract that is proposed here today in front of
you. Yes, they are lower than the fees that were proposed by Mr. Gary's and
Raymond James' firms, but those are the fees this selection committee is
recommending to you. Of course, you have the final decision on which fees to
use.
Commissioner Plummer: Well, what I'm reading here, it says that monthly
retainer to be negotiated, an hourly rate to be negotiated...
Mr. Garcia: That's what was included in the original proposal. Yes, sir.
But as I said, the fees that are being recommended by the selection committee
are those fees that were presented by another firm, which was kind of middle
of the road fees, because there were lower fees compared to those, and there
were higher fees compared to those. Gusman had the lowest...
Commissioner Plummer: Well, obviously, Mr. Garcia...
Mr. Garcia: Yes.
Commissioner Plummer: ...you in the financial world know what is an average,
or what is the norm, I assume. And I think that's what this Commission needs
to know. I don't know what the norm is. To me $185 is as much ridiculous as
is.
paying an attorney $100. I think it's both highway robbery.
Mr. Garcia: I think the fees that are being proposed are basically middle of
the road. I think they are the norm.
Commissioner Plummer: Which fees, sir?
Mr. Garcia: The fees that are included in the contract.
i
Mayor Suarez: The total global package, you mean.
Mr. Garcia: Yes. The lower package.
124 December 10, 1992
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Mayor Suarez: Not the per hour.
Mr. Garcia: Right.
Mayor Suarez: As to the global
myself to go for the smallest
recommended firm, that's great.
package, as with any other item, I'm inclined
that we can possibly go. If this is the
Commissioner Plummer: Well, Mr. Mayor, I think there's another area here, and
I'm not a world genius when it comes to finance, but I think it would have a
lot to do with the amount of activity that you would have during the run of
the contract. Now, this City as I know it, except for refinancing, has done
little or no...
Mayor Suarez: That's basically what we're going to be doing is refinancing.
Commissioner Plummer: You know, we've done little or no new issues, and I
hope we don't do any new issues for the next two years. So, you know, it
boils down... then to bid is going to be predicated on them making a living,
and as such, how much activity do you anticipate for the next two years? And
what would they make out of this contract, in your anticipation, over the next
two years, predicated on the fees that you're looking at here? I think that's
all part of it. Nobody is going to take into... and make a contract and be
the official whatever it is without dollars. That's what they're here for.
Let's call it like it is.
Mr. Garcia: I don't see a lot of transactions happening during the next two
years. Maybe one a year, or so. Not more...
Mr. Odio: So, what you could do is increase the minimum fee... the minimum
fee, so that they... you know, we use them quite a lot outside of bond issues
and we have to... for instance, in dealing with New York...
Mayor Suarez: What is the minimum fee proposed?
Mr. Odio: It's... Well, the current one is $25,000 and proposed is $17,500.
I think...
Mayor Suarez: I'd have no problem increasing the minimum fee.
Mr. Odio: I think we could even increase the minimum fee much more than what
they have now, because it's been the same for four years, and then...
Commissioner Dawkins: No, no. We're not going to have any contract for four
years. Not for my vote.
Mr. Odio: No. I said what the fee has been for the last four years.
Mayor Suarez: No, the past. The past.
Comnissioner Dawkins: Oh. I'm sorry.
Commissioner Plummer: The past four.
125 December 10, 1992
Commissioner Dawkins: I'm sorry, Mr. Manager. Thank you. I'm sorry.
Mr. Odio: And if we... we should take into consideration the inflation...
Mayor Suarez: All right. As to the minimum fee, we could increase that to
$25,000, but...
Commissioner Plummer: No. That's what it has been.
Mr. Odio: No, more. I would recommend that you increase that...
Mayor Suarez: Maintaining it at twenty-five.
Commissioner Alonso: To maintain what we have.
Mayor Suarez: All right. Don't push. Don't push too hard here. You know...
Mr. Odio: What I was saying is, I would increase the minimum fee.
Commissioner Alonso: To maintain what we have.
Mayor Suarez: Maintain it, please.
Mr. Odio: And then leave the negotiated and competitive the same.
Mayor Suarez: All right.
Commissioner Dawkins: What do we have now?
Mayor Suarez: On that basis, we would maintain the minimum fee at $25,000, as
in past years. And then the negotiated competitive fee per issue to be...
How does that formula work?
Mr. Odio: I was recommending that you increase from the current.. OK.
Mayor Suarez: I've heard you say that and I'm not interested in your
recommendation on that. I'm asking about the per issue recommended fee. How
does that work?
Mr. Garcia: The per issue...
Mayor Suarez: Negotiated fee, rather.
Mr. Garcia: The per issue recommended fee is based on the volume of the
transaction for...
Mayor Suarez: All right. Are there any recommended changes, or any reason we
should change that from what it...
Commissioner Plummer: Oh, yeah. How about the last one? The last one I
saved this City $500,000...
Mayor Suarez: Right.
3t
►' 126 December 10, 1992
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Commissioner Plummer: ...predicated on...
Mayor Suarez:
Is that what we're trying to do by saying...
Commissioner
Plummer: ...screaming and hollering. So what...
Mayor Suarez:
...seventy percent of last year's?
Commissioner
Plummer: Excuse me. What I'm understanding, instead of
setting
a fee for an
issue, you negotiate the fee.
Mayor Suarez:
Right.
Commissioner
Plummer: And that fee can be whatever the negotiation
between
the two parties
is.
Mr. Garcia:
Well, once you have a contract, you have to go by those
fees in
the contract.
So, that's what we're trying to determine here today.
Commissioner
Plummer: No, no. Excuse me. You don't have to, if you
use the
terminology "to
be negotiated on an individual basis."
Mr. Gary: But...
Commissioner
Plummer: Now, what's wrong with that?
Mr. Gary: But, J.L., you're comparing a financial advisor to an underwriter.
They're two different
issues. The fee that...
Commissioner
Plummer: Howard, you can still negotiate it... the fee.
Mr. Gary: Yeah. But, J.L., the fee that you're talking about for the
underwriter is a spread on the bond issues. That's different than the fee
that you have here. This is for us providing administrative financial
services to your staff.
Commissioner Plummer: On an individual bond.
Mr. Gary: On the individual bond.
Commissioner Plummer: Right.
Mr. Gary: But it is not based on a spread for the sale of the bond, J.L.
Commissioner Plummer: Oh, OK. I understand. I understand.
Mr. Gary: If...
Commissioner Plummer: But wouldn't it... Wouldn't your fee... Well, you're
talking a minimum of twenty-five.
Mr. Gary: Can I suggest something, Commissioner?
127 December 10, 1992
Mayor Suarez: On the minimum... One quick question. On the minimum of
$25,000 there was also discussion of 70 percent lower for the overall package
than last year. What was that 70 percent?
Mr. Garcia: I'm... I don't follow you, Mr. Mayor.
Commissioner Plummer: Thirty percent, wasn't it?
Mr. Gary: Thirty percent.
Mayor Suarez: Thirty percent lower. Or 70 percent of last year's back...
Mr. Garcia: Right. The ones that are proposed now are like 30 percent lower
than last year's. That is true.
Commissioner Plummer: Well, can I make you a suggestion?
Mayor Suarez: How does that part of the formula work? You've got $25,000
minimum. Now, what is 30 percent lower than last year?
Commissioner Plummer: Seventeen five.
Mr. Garcia: Well, $25,000 is last year's fee.
Commissioner Plummer: Seventeen five.
Mr. Garcia: The proposed fee is seventeen five.
Mayor Suarez: OK. But as to the rest of the package, I know they're not
going to get paid twenty-five for the entire thing.
Mr. Garcia: It depends on the amount of the transaction. When you have a
very large transaction, the fees could be 50 percent lower. When you have a
medium sized transaction, the fees could be 30 percent lower.
Mayor Suarez: OK. Can Plummer's idea be implemented, that on a transaction -
by -transaction basis you negotiate with them and try to get the...?
Mr. Gary: Uh-uh.
Mr. Garcia: I don't think so.
Mayor Suarez: I guess the problem is that you only have one advisor at that
point, J.L.
Mr. Garcia: I don't think it's a good idea. I think the fees should be set
up front, so everyone knows what the parameters are.
Mayor Suarez: OK. What do you recommend that fee to be?
Mr. Garcia: Well, the fee the selection committee recommended is included
here, which is a fee that increases... Let me say what the fees are. For the
first $25,000,000 in bonds, you get a dollar per bond, that is $25,000. For
the additional... For the next segment of $25,000,000 you get point... 75
cents per bond or $18,750. So that is if you...
128 December 10, 1992
6
Mayor Suarez: Do you consider that formula to be competitive and as low as
you can reasonably take this? Do you recommend it as being...
Mr. Garcia: In my opinion, I think it's reasonable. In the selection
committee's opinion, which I have nothing to do with, they felt it was
reasonable too. So, you're talking about two different opinions here.
Mayor Suarez: All right.
Mr. Gary: If...
Mayor Suarez: So, the only thing which they reduced was the minimum fee. The
30 percent...
Mr. Garcia: They reduced everything compared to the contract that we have
today. They reduced everything compared to the proposal this firm gave us.
Mayor Suarez: OK. So that formula you just gave us includes a reduction
recommended by the committee. I'd have no problem going with that formula.
Commissioner Plummer: Well, Mr. Mayor, the only problem I have is...
Mayor Suarez: He's cheaper than I am.
Commissioner Plummer: In a world in which we see things going up, we're
reducing the fee. I don't understand. Now, you know I fight like hell to
reduce fees when possible. But either we're saying that we overpaid them in
the past, by the fees that we did, or that nothing has gone up in value and I
don't...
Commissioner Alonso: Well, that's exactly what we did with our
representatives in Tallahassee. Do you remember? Now we pay them less.
Commissioner Plummer: Yeah. But they're doing less.
Commissioner Alonso: Are they?
Commissioner Plummer: Yes.
Commissioner Alonso: That's why I didn't vote for them, because they're doing
less.
Commissioner Plummer: No. They're not using the same amount...
Commissioner Alonso: I knew that. Thank you, Commissioner.
Commissioner Plummer: No, no. Let's make it clear. They're not using all
the consultants that they used before.
Commissioner Dawkins: It's 12:02.
Commissioner Alonso: They're doing less. That's what I said from the first
time.
129 December 10, 1992
`X3 ^1°5; et 5
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Commissioner Dawkins: It's two minutes past my lunch time.
Mayor Suarez: All right. You want to go with their recommended formula,
J.L.? The minimum $25,000, so we don't go...?
Commissioner Plummer: That's fine.
Mayor Suarez: All right. So moved.
Commissioner Alonso: Now, I have some questions. In reference to the
renewal, the three years, does it come to us?
Mr. Garcia: It has to come back to the City Commission for renewal every
year.
Commissioner Alonso: OK. Thank you.
Commissioner Dawkins: All right. On the three... I will not vote for three
years. I will vote for one year.
Mayor Suarez: One year.
Commissioner Dawkins: All right? I've told Mr. Gary and I'm going to tell
him again. We started this out for minorities, a joint venture with white
firms, for minority firms to come in here as a 100 percent minority. And the
first firm that comes in here that's 100 percent minority can do the job, I'm
voting for them. Mr. Bailey can come in here and...
Commissioner Plummer: It might be Mr. Gary.
Commissioner Dawkins: Mr. Gary can come in here next year with Piccolo
Pete...
Commissioner Plummer: Here we go.
Commissioner Dawkins: It's his... And if it's not 100 percent minority firm,
I'm not voting for it.
Commissioner Alonso: He's doing quite well, 70 percent. He might be 100
percent next year.
Commissioner Dawkins: ...get my vote it has to be...
Mayor Suarez: Do we have a motion and a second, Madam City Clerk? No. Mr.
Manuel Gonzalez-Goenaga, we'll take you in the afternoon, sir.
Ms. Matty Hirai (City Clerk): We have a motion, Mr. Mayor.
Mayor Suarez: Have a seat, Mr. Gonzalez-Goenaga. I can't hear my City Clerk.
Commissioner Alonso: We have a motion and a second.
Mayor Suarez: Have a seat, sir.
130 December 10, 1992
i��•t Y" t `d
Commissioner Alonso: We do have a motion and a second.
Mayor Suarez: Officer, if he interrupts one more time, remove him. All
right, Ma'am.
Ms. Hirai: Plummer and Alonso, Mr. Mayor. Commissioner Plummer moved it and
Commissioner Alonso seconded.
Mayor Suarez: Howard, knowing that we're beyond luncheon, it's always
dangerous to leave anything for the afternoon and to go beyond the lunch hour.
Do you want to say something?
Mr. Gary: No.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-793
A MOTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE
PROPOSAL OF HOWARD GARY AND COMPANY AND RAYMOND JAMES
AND ASSOCIATES, INC. FOR THE PROVISION OF FINANCIAL
ADVISORY SERVICES TO THE CITY OF MIAMI FOR A ONE-YEAR
PERIOD, ALLOCATING FUNDS THEREFOR FROM APPROPRIATED
CAPITAL IMPROVEMENT PROJECT FUNDS.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Since Mr. Gary was so eloquent, I vote yes.
Mr. Garcia: I don't know. Three years. No, two years?
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:04 p.m. AND RECONVENED AT 2:53 p.m., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT.
131 December 10, 1992
.Y4y�Yr -ii— —rirY r—r rrrrrrr��irY-----r---------- ---------------------- -----------
26. (Continued discussion) EMERGENCY ORDINANCE: AMEND 10920 --INCREASE
FISCAL YEAR 192 APPROPRIATIONS FOR POLICE AND SOLID WASTE DEPARTMENTS AS
RESULT OF EMERGENCY EXPENDITURES RELATING TO HURRICANE ANDREW, AND A
BUDGETARY ADJUSTMENT IN SPECIAL PROGRAMS AND ACCOUNTS. (See label 17)
Mayor Suarez: We'll try to go through as many items... If you have an item
that you feel you're entitled to, or would otherwise like to have a full
Commission, please so advise as we get to it.
Vice Mayor De Yurre: Do I do the pledge of allegiance again?
Mayor Suarez: No. We don't need to do the pledge of allegiance again.
Commissioner.
Commissioner Plummer: I pulled item 4. It takes four -fifths vote. I'm
sorry. Item 4, I pulled... Five, Mr. Mayor... Mr. Manager...
Mayor Suarez: Kind of going a little bit into her direction here.
Commissioner Plummer: And I got the answers that I requested, but it takes a
four -fifths vote, which we don't have.
Mayor Suarez: OK. I think...
Commissioner Plummer: Oh, here... Wait a minute. Here's Miller.
Mayor Suarez: Yeah. And I think Commissioner Alonso's over there, too.
So...
Commissioner Plummer: All right. Mr. Mayor, just for the record...
Mr. Cesar Odio (City Manager): Miller...
Commissioner Plummer: ...as we heard someone standing, and I don't remember
who it was, on item 5... four million dollars, as I suspected, was not total
for overtime in the Police Department. It was a breakdown of other related
hurricane expenses, and because of that, it's exactly what I suspected. I'm
willing to move item 5 at this time.
Commissioner Plummer: So moved on item... That's not CA-5, is it?
Commissioner Plummer: No, sir. That's item 5.
Mayor Suarez: Regular item 5?
Commissioner Plummer: Yes, sir. I move it.
Mayor Suarez: OK. So moved.
Commissioner Dawkins: What item are we on?
132 December 10, 1992
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Mayor Suarez: Item S.
Commissioner Plummer: Item 5. The one I had pulled on Police overtime,
Miller.
Commissioner Alonso: We don't know what it is. It must belong to the Mayor.
Mayor, is this yours?
Commissioner Plummer: No, it's mine.
Commissioner Alonso: It's yours?
Commissioner Plummer: It came out of here. Don't ask me why, but put it in
there where... One of these days I'll figure out what the hell it is.
Commissioner Alonso: It looks nice anyway, whatever it is.
Commissioner Plummer: Teddy bear. Gary, which is the one on the parking...
OK.
A. Quinn Jones III, Esq. (City Attorney): Five is an ordinance.
Commissioner Plummer: No. I moved it.
Mr. Jones: No. You moved it.
Mayor Suarez: I'll draft something, if they want to say something. Moved and
seconded almost by...
Commissioner Alonso: Wait a minute.
Commissioner Plummer: Five is... Yeah. The overtime FEMA (Federal Emergency
Management Agency) money on the Police and Sanitation.
Mayor Suarez: ...my colleagues to the right.
Commissioner Alonso: Oh, yes. Yes. Second, yes.
Commissioner Plummer: Takes... It's four -fifths and it takes two readings.
Commissioner Alonso: Yeah.
Commissioner Dawkins: What are we... What item are we on?
Commissioner Plummer: Five, Commissioner.
Mayor Suarez: Moved and seconded.
Commissioner Alonso: Yes.
Mayor Suarez: Do you remember the item?
133 December 10, 1992
Commissioner Plummer: The overtime pollee. It was not $4,000,000 in
overtime.
Mayor Suarez: Call the roll on the item. Is it an ordinance?
Mr. Jones: It's an ordinance.
Mayor Suarez: Did we read it into the record? If not, would you please read
it? Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 6 OF
ORDINANCE NO. 10920, AS AMENDED, THE ANNUAL
APPROPRIATIONS ORDINANCE, ADOPTED SEPTEMBER 26, 1991,
FOR FISCAL YEAR 1991-92, ENDING SEPTEMBER 30, 1992,
FOR THE PURPOSE OF INCREASING THE BUDGET
APPROPRIATIONS FOR THE POLICE AND SOLID WASTE
DEPARTMENTS AS A RESULT OF EMERGENCY EXPENDITURES
RELATING TO HURRICANE ANDREW AND A BUDGETARY
ADJUSTMENT IN SPECIAL PROGRAMS AND ACCOUNTS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Alonso, 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. 11027
134 December 10, 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.
------------------------------------------------------------------------------
27. FIRST READING ORDINANCE: AUTHORIZE ISSUANCE OF PARKING SYSTEM REVENUE
BONDS ($20t000,OOO) FOR PURPOSES OF REFUNDING CITY'S $16,275,000 PARKING
SYSTEM REVENUE BONDS, SERIES 1986 AND THE CITY'S $2,000,000 SUBORDINATED
PARKING SYSTEM REVENUE BONDS, SERIES 1986; ETC.
------------------------------------------------------------------------------
Commissioner Plummer: The other item, Mr. Mayor...
Mayor Suarez: Yes.
Commissioner Plummer: ...was item number eight. If I could have the
gentleman from the Off -Street Parking verify...
Mayor Suarez: Mr. Cook, you've checked out and it's actually exactly the same
number of payments over the same number of years. Right?
Commissioner Plummer: It is the same amount of years and it is the 1.3
million dollars in savings. The numbers were wrong. Mr. Mayor, I am
satisfied at this time that it is a good deal for the City and I so move.
Mayor Suarez: So moved.
Commissioner Alonso: No.
Commissioner Dawkins: I move...
Commissioner Plummer: And by the way...
Commissioner Dawkins: I move to defer.
Commissioner Plummer: Moved to defer? That's OK.
Commissioner Dawkins: No, I'm only kidding.
Commissioner Plummer: Excuse me. Did you...
Commissioner Dawkins: I'm only kidding.
Commissioner Plummer: Did Commissioner Dawkins get a copy...
Commissioner Alonso: Yes. But I don't have one.
Commissioner Plummer: Did all of you get a copy of this? The breakdown?
Commissioner Alonso: No.
Commissioner Dawkins: No. If you're OK with it, J.L., we're OK with it.
135
December 10, 1992
1
Commissioner Alonso: No.
Commissioner Plummer: OK. Howard?
Commissioner Alonso: Lately today...
Commissioner Dawkins: If it will stop you from talking, we'll OK it.
Commissioner Alonso: It's really incredible. Today it's like this Commission
is formed by three people...
Commissioner Dawkins: I don't need... If J.L. Plummer says it's all right,
it's all right with me.
Commissioner Alonso: ...not five and this is amazing. I think that something
is wrong somewhere. I have questions. Sir, could you explain to me, because
since this was done from the morning to the afternoon, Commissioner Plummer
said the numbers were wrong, I get nervous.
Commissioner Plummer: Here they are.
Commissioner Alonso: When we're talking about millions and mistakes made.
Tell me, where was the mistake and how was it corrected? How did the number
go from 20 years down to 14? Or if it still is 20 years and where is the
savings and how? Tell me a little bit about it.
Mr. Clark Cook: This morning I did not have the paper in front of me, which I
should have had before I came up and that was inexcusable. I should have had
that document with me. Traditionally, this type of refinancing, where we are
simply... where we actually are saving money because the rates have gone
down, go fairly simply, go fairly quickly, without too much difficulty.
Commissioner Alonso: Not necessarily, but most of the time.
Mr. Cook: I learned, every time I come here, and I always think I have the
right answer and I don't... I think... And I don't and I apologize. I
promise you next time I come that I won't get trapped on a financial question.
The error this morning was my fault. The entire situation is that we are
simply refinancing our existing debt for the same length of time that the
existing debt now is, and that we will save 1.3 million dollars. The same
reason that the City did refinancing in many cases, and a lot of people are
doing refinancing now, the rates have actually dropped. Our financial
advisor, Dick Montalbano, looked at the proposal. He agreed with the
proposal, made the recommendation to us that we proceed with this, and we
started the legal action to do that. That action requires that we come in
front of this Commission on two occasions on that issue. I did not have the
sheet in front of me. There was no excuse for that. I should have had it.
And that won't happen again.
Mayor Suarez: OK.
Commissioner Alonso: So, you're sure this time this is a savings and the same
number of years.
136 December 10, 1992
V1a
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I
Mr. Cook: I am positive that it is correct. Yes, ma'am.
Commissioner Alonso: OK. Thank you.
Mr. Cook: Thank you.
Mayor Suarez: OK. We have a motion and a second. Do we, Madam City Clerk?
Commissioner Plummer: I moved it, sir.
Ms. Matty Hirai (City Clerk): Commissioner Plummer moved it, sir. I need a
second. We only need a second.
Mayor Suarez: We need a second? Do you want to second?
Commissioner Alonso: Yes, I'll second. Read the ordinance, please. Call the
roll.
137 December 10, 1992
)RDINANCE ENTITLED -
AN ORDINANCE, WITH ATTACHMENTS, AUTHORIZING THE
ISSUANCE OF PARKING SYSTEM REVENUE BONDS OF THE CITY
OF MIAMI, FLORIDA UNDER ORDINANCE NO. 10115 ENACTED ON
JUNE 26, 1986, IN AN AGGREGATED PRINCIPAL AMOUNT NOT
TO EXCEED $20,000,000, IN ONE OR MORE SERIES, FOR THE
PURPOSE OF REFUNDING THE CITY'S $16,275,000 PARKING
SYSTEM REVENUE BONDS SERIES 1986 AND THE CITY'S
$2,000,000 SUBORDINATED PARKING SYSTEM REVENUE BONDS,
SERIES 1986; PROVIDING FOR THE PAYMENT OF THE
PRINCIPAL AND THE INTEREST ON SUCH BONDS FROM NET
REVENUES DERIVED BY THE DEPARTMENT OF OFFSTREET
PARKING OF THE CITY OF MIAMI, FLORIDA FROM ITS PARKING
SYSTEM AND CERTAIN INVESTMENT INCOME; PROVIDING FOR
THE ISSUANCE OF SAID BONDS ON A PARITY WITH THE CITY'S
PARKING SYSTEM REVENUE BONDS, SERIES 1992A; AWARDING
THE SALE OF SAID BONDS ON A NEGOTIATED BASIS;
AUTHORIZING THE CITY MANAGER OR ASSISTANT CITY MANAGER
TO APPROVE FINAL PRINCIPAL AMOUNTS, MATURITIES,
INTEREST RATES, REDEMPTION PROVISIONS, AND
AMORTIZATION REQUIREMENTS, IF ANY; APPROVING THE FORM
OF AND AUTHORIZING THE MODIFICATION AND EXECUTION OF A
BOND PURCHASE AGREEMENT RELATING TO SAID BONDS;
APPROVING THE FORM OF A PRELIMINARY DRAFT PRELIMINARY
OFFICIAL STATEMENT PERTAINING TO SAID BONDS AND
AUTHORIZING THE APPROVAL AND DELIVERY OF A FINAL
OFFICIAL STATEMENT; APPROVING THE FORM OF AND
AUTHORIZING THE MODIFICATION AND EXECUTION OF AN
ESCROW DEPOSIT AGREEMENT AND DESIGNATING AN ESCROW
AGENT THEREUNDER; DESIGNATING A BOND REGISTRAR,
AUTHENTICATING AGENT AND PAYING AGENT FOR SAID BONDS;
AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO EXECUTE
ANY DOCUMENTS REQUIRED IN CONNECTION THEREWITH;
AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES OF THE
CITY TO TAKE ANY ACTIONS REQUIRED IN CONNECTION WITH
THE ISSUANCE OF SAID BONDS AND THE REFUNDING OF BONDS
TO BE REFUNDED WITH THE PROCEEDS THEREOF; AND
PROVIDING AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
138 December 10, 1992
�.s
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
28. AUTHORIZE EXECUTION OF AGREEMENT WITH WASHINGTON & CHRISTIAN -- FOR
LEGISLATIVE CONSULTANT SERVICES TO THE CITY IN WASHINGTON, D.C.
($44,000).
-------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, since I said this morning that Mr. Pruitt
was desirous of trying to get out of here before the snowstorm shut him in, I
ask that the Manager review his... the contract. But before I ask the
Manager if he has a recommendation, I'd like to make it clear that nobody up
here is interested in shutting out, or terminating the contract of Mr.
Sylvester Lukis. In the event that both firms produce, we will continue to
use both firms. In the event that only one firm produces, I think it would be
the consensus of this opinion... of this Commission to use only that firm
that produces. So, with that, if it's agreeable with the rest of the
Commissioners, I'd like to hear the Manager's recommendation so we can vote.
And whether the gentleman gets the job or not, he can go catch a plane and go
home.
Commissioner Plummer: Can't do it. Can't do it. Mr. Mayor, he's had his two
Items for the day. This is number three and he is not entitled to it until
next summer.
Vice Mayor De Yurre: No, this is number seven.
Commissioner Dawkins: No, no.
Commissioner Plummer: That's it.
Mr. Cesar Odio (City Manager): You had ten, Plummer.
Vice Mayor De Yurre: We're into March now.
Commissioner Dawkins: But this is a regular...
Commissioner Plummer: I haven't had one yet today.
Commissioner Dawkins: This is a regular scheduled item, gentlemen. This is
not...
Commissioner Alonso: Good for you.
Commissioner Dawkins: I do have two pocket items.
Commissioner Alonso: Good for you.
Commissioner Dawkins: No, that's... I've got one, because the Manager took
up one this morning. OK. Go ahead. Mr...
a
139 December 10, 1992
{
Mr. Odio: I want to know... I'd like to put on the record that we did call
for references. We talked to the City of Oakland, California. And he...
the... they say excellent work... They just renewed the contract with the
firm. They're trying to expand their scope of work to include the port.
They've had the contract now for five years and they've done excellent for
them. It's the only firm they're using in Washington and it has, definitely,
good contacts with the new administration, or the upcoming administration.
Cleveland, Ohio - same way. Wonderful. They just renewed the contract...
had the contract now for two years, have facilitated receipt of grants, and is
the only firm that they have in Washington, D.C. dealing with general issues.
Now they're also using them for a proposed airport construction. They're
using this firm for that. They specialize in that. And they keep the City
regularly informed. Those are the references they gave and we checked them
out and they do say that they do good work. We have met with Mr. Pruitt and
he has agreed to a contract of $44,000 and an amount of $5,000 for expenses...
reasonable expenses, and they will not exceed that. So...
Vice Mayor De Yurre: Well, can he come up to the mike?
Commissioner Dawkins: Mr. Pruitt, come to the mike, please.
Vice Mayor De Yurre: You're already laugh...
Mayor Suarez: Mr. Pruitt?
Commissioner Plummer: Be careful, Victor, he's bigger than you are.
Vice Mayor De Yurre: Yes. I can run faster.
Commissioner Plummer: We're going to find out.
Vice Mayor De Yurre: In your law firm, how many Cubans do you have?
Mr. Pruitt: Cubans?
Vice Mayor De Yurre: Cubans.
Mr. Pruitt: In Washington - none.
Vice Mayor De Yurre: None?
Commissioner Dawkins: Just...
Vice Mayor De Yurre: How many Hispanics do you have in your law firm?
Commissioner Plummer: How many what?
A. Quinn Jones III, Esq. (City Attorney): Cubans.
Mr. Pruitt: We have no Hispanics.
Vice Mayor De Yurre: No Hispanics. How many members of your law firm?
140 December 10, 1992
Mr, Pruitt: There are 17,
Vice Mayor De Yurre: Seventeen? No Hispanics. No Cubans. How many blacks?
Mr. Pruitt: Fourteen.
Vice Mayor De Yurre: Fourteen. And anglo, or white American - three?
Mr. Pruitt: Yes.
Vice Mayor De Yurre: Do you expect to have any Hispanics any time soon? Like
in the next couple of months?
Mr. Pruitt: He wants to come to Washington?
Vice Mayor De Yurre: No. I...
Commissioner Plummer: I double your fee.
Vice Mayor De Yurre: I know...
Commissioner Plummer: And if you need one more, I got one more some...
Vice Mayor De Yurre: I know the whole bunch of people paid my fare one way.
Commissioner Dawkins: Amen.
Vice Mayor De Yurre: One way.
Commissioner Dawkins: Yes.
Vice Mayor De Yurre: That's it.
Commissioner Plummer: Yeah.
Commissioner Dawkins: But, let me ask a question from the... from my
Commissioners. All of us are familiar with Mr. Lukis' firm. How many Latins
are in his firm?
Vice Mayor De Yurre: Three.
Commissioner Dawkins: Who are they?
Vice Mayor De Yurre: Two Cubans.
Commissioner Dawkins: Who?
Vice Mayor De Yurre: Jose Fernandez and Maria Gonzalez.
Commissioner Dawkins: In his... And when did he hire them?
Commissioner Alonso: Are they?
Commissioner Plummer: What?
141 December 10, 1992
Vice Mayor De Yurre: On, he's been there for two years.
Commissioner Dawkins: Where?
Commissioner Alonso: Who are they?
Commissioner Dawkins: Yeah. Where?
Commissioner Plummer: Who are they? Is that Juan Valdez in the mountains of
.olombia?
Vice Mayor De Yurre: Yes. The one with the...
Commissioner Alonso: Is Sylvester Lukis Cuban?
Commissioner Plummer: Huh?
Mr. Odio: Sylvester...
Vice Mayor De Yurre: ...with the coffee.
Commissioner Alonso: Is Sylvester Lukis Cuban?
Commissioner Dawkins: Uh-uh.
Commissioner Plummer: No, he just eats palomilla.
Mr. Odio: He's trying to be, but it hasn't worked.
Commissioner Alonso: I see.
Commissioner Plummer: That's all. Ay ay ay!
Commissioner Dawkins: OK. Now, by the same token... You know, I would... I
personally, next time I go to Washington, I'm going to count these Hispanics
and take a picture with them, and come back here and show you the picture.
OK? OK.
Commissioner Plummer: Well, you know, can we talk about something serious
when you go back to Washington?
Commissioner Dawkins: We are serious.
Commissioner Plummer: No, when you back.
Commissioner Alonso: Well, we'd better get to something serious...
Commissioner Plummer: You're as good as hired.
Vice Mayor De Yurre: I think it's important to have... Hey, J.L...
Commissioner Plummer: You know... Hello?
142
December 10, 1992
1
Vice Mayor De Yurre: ...you know, how many members of Congress now are
Hispanic? A significant number.
Mr. Pruitt: At the present time, I believe the number...
Vice Mayor De Yurre: And it grows.
Mr. Pruitt: ...has gone to 14 from eight.
Vice Mayor Be Yurre: OK. It grows. So, it's about time that, you know, you
have a little bit of vision and you start putting in some of those folks.
Commissioner Dawkins: We're going to send him... We're going to send him
with you. No problem.
Vice Mayor De Yurre: No, no.
Mr. Pruitt: Well, we also have... of the 14 African Americans, three of them
are bilingual in both French and Spanish. So, we have no language
difficulties.
Vice Mayor Be Yurre: But it's like Miller said one day, how many of them look
like me. Is that right? Remember that one?
Commissioner Plummer: There is none that ugly in Washington.
Vice Mayor Be Yurre: Oh, that's right.
Mr. Odio: Lincoln...
Commissioner Dawkins: OK. Go ahead, J.L. Go ahead, J.L.
Commissioner Plummer: Hey, you know, I want fig: express just a feeling to you.
We see what the United States in Washington, the feds are doing in Somalia,
and I totally concur that they are doing something that is good. But why in
the hell aren't they down here doing something for the homeless, where
everybody is tearing us up and doing nothing here locally? I hope you take
that message back when you go, at least for one Commissioner. OK? I totally
agree with what they're doing. But damn itl Charity starts at home. And I
don't see Washington moving one finger to help this City, because everything
you read, it's not Fort Lauderdale, and it's not Coral Gables, and it's not
Miami Shores, everything comes to Miami are the bad guys.
Commissioner Alonso: Yes.
Commissioner Plummer: So, when you go back, I hope that you can say, "Hey
guys! That's fine what you're doing in Somalia, but we've got some of our own
people down there that need some help." And I hope you can address that issue
when you go back.
Mr. Pruitt: Well, I would just point out to you that that's not specifically
a concern that we've had to address in Washington. We also have the same
demand coming from Cleveland, and Oakland. And the meetings that I'm in in
Washington, at the Conference of Mayors and other venues, we hear the same
thing. So, this message will get back...
143 December 10, 1992
ASSENT: None.
CCx 4MTS MADE DURING ROLL CALL:
Commissioner Plummer: I've always wanted a heavyweight in Washington.
Unidentified Speaker: Do you still have that letter from that attorney I gave
you?
Vice Mayor De Yurre: Is this a one year deal?
Commissioner Dawkins: Yes.
Commissioner Plummer: One year, yes.
Vice Mayor De Yurre: OK. I vote yes.
Commissioner Plummer: I'm sorry?
Mr. Jones: Do you still have that letter from that attorney...
Commissioner Alonso: He votes yes.
Mayor Suarez: Like he says, I have to be consistent. I...
Commissioner Alonso: No, no. Remember to be consistent...
Mayor Suarez: You are...
Commissioner Alonso: ...you have to say yes this time.
Vice Mayor De Yurre: If you would have stayed away for another 15 seconds,
you would have avoided this whole thing.
Mayor Suarez: An eminently qualified firm, from everything I hear.
Commissioner Plummer: Go ahead. That's what I was telling you.
Mayor Suarez: I just can't see having more and more people, but I...
Assuming this Passes, which it looks like it will, we'll have all kinds of
items for you right after this meeting. But I have to vote no.
Commissioner Plummer: Oh, no, no.
Mayor Suarez: Yes. I get to lobby just as much as you guys.
Commissioner Plummer-. No, no.
145 December 10, 1992
11,
Commissioner Plummer: Well, you know...
Mr. Pruitt: ...and it will be amplified.
Commissioner Plummer: ...just for you information, I'm one that's most
grateful for what the feds did during Andrew. And they're to be commended for
what they did and what they came down here. You know, there was a little bit
of discord at the beginning, but in the long run, this community is most
grateful for what they did. But, you know, the other factor still remains as
a real serious problem in this community, and I hope you can take that message
back.
Mr. Pruitt: I certainly will.
Commissioner Plummer: Move it, Miller. Let's get on.
Commissioner Dawkins: Second.
Commissioner Plummer: Huh?
Vice Mayor De Yurre: Moved and seconded.
Commissioner Dawkins: I move it.
Vice Mayor De Yurre: No further discussion? Call the roll.
Commissioner Alonso: I seconded this before.
Commissioner Dawkins: OK.
Commissioner Alonso: So, I'll do it again.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-794
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH WASHINGTON & CHRISTIAN FOR
PROFESSIONAL LEGISLATIVE CONSULTANT SERVICES
CONCERNING FEDERAL LEGISLATION WHICH IMPACTS ON THE
CITY OF MIAMI; ALLOCATING FUNDS THEREFOR IN AN AMOUNT
NOT TO EXCEED $44,000 FOR SAID SERVICES AND AN AMOUNT
NOT TO EXCEED $5,000 FOR REASONABLE REIMBURSABLE
EXPENSES, FROM THE LEGISLATIVE LIAISON GENERAL FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
144
December 10, 1992
Commissioner Plummer: No, no.
Mayor Suarez: Yes, yes.
Commissioner Plummer: The deaf ear just got deafer.
Ms. Hirai: You vote yes?
Mayor Suarez: No, no.
Commissioner Dawkins: No, no. He votes no to be consistent. Therefore we're
in business. Thank you.
------------------------------------------------------------------------------
29. AUTHORIZE EXECUTION OF AGREEMENTS WITH PEOPLES NATIONAL BANK -- TO
ESTABLISH A SPECIAL DEPOSITORY BANK ACCOUNT.
------------------------------------------------------------------------------
Mayor Suarez: OK. Item 14. Authorize the City Manager to execute agreements
for a two-year period with the Transatlantic Bank and Peoples National Bank.
Commissioner Plummer: Mr. Garcia? On the record, sir...
Mr. Cesar Odio (City Manager): We need to... We need to something here, on
that one.
Commissioner Plummer: Well, I need to ask some questions, because there was
something that transpired...
Mr. Odio: Wait.
Commissioner Plummer: ...that we're both aware of, that I want to make sure
was resolved.
Mr. Odio: Let... Well, let me... Maybe this will answer this. We have to
pull back the part of the Hispanic firm and we have to readvertise that.
Mr. Carlos Garcia: Right.
Mr. Odio: And just approve...
Commissioner Plummer: Well, may I suggest to you, Mr...
Mr. Odio: ...the Peoples National Bank, for now.
Commissioner Plummer: May I suggest that you pull both?
Mr. Odio: Fine.
Commissioner Plummer: And let me tell you why and I think Mr. Garcia will
acknowledge and if I'm... if I'm out of line, you tell me so. One of the
Hispanic banks made an application, hand delivered it, got a receipt and was
not...
146 December 10, 1992
Mr. Odio: That's why we're withdrawing, Commissioner Plummer, the part of the
Hispanic bank.
Commissioner Plummer: But... Oh, OK.
Mr. Garcia: Right.
Mr. Odio: We felt that they didn't get a fair chance...
Commissioner Plummer: Well, I say to you that in fairness, pull them both.
OK?
Mr. Odio: No, the other one is right. The other... Why... The other one is
a black firm...
Commissioner Plummer: Is that other black firm in the City?
Mr. Garcia: There is only one black...
Mr. Odio: Yes.
Mr. Garcia: ...bank i
Commissioner Plummer:
Mr. Garcia: Yes, sir.
Mr. Odio: Yes.
town. Yes, Peoples Bank. So, we're...
In the City of Miami?
Commissioner Plummer: They weren't before.
Mr. Garcia: No. They're not in the City. They're in Dade County.
Mr. Odio: No. They're not in the City.
Commissioner Plummer: No, no. Wait a minute, now. You're sure that there's
no blank... Excuse me. ...black bank in the City? You know...
Mr. Garcia: Yes, sir. This is the only black bank in the State of Florida, I
believe.
Commissioner Plummer: So, you feel then that it's more overriding to do it
with a minority outside of the City?
Mr. Garcia: In this case that is the only option that we have.
Commissioner Plummer: OK. I guess you're right. I just... You know how I
feel about doing business with home folks.
Mr. Odio: So, I would ask you to approve the Peoples National Bank and we
will readvertise the Hispanic...
147 December 10, 1992
Commissioner Plummer: Are all the problems with Peoples National Bank over
wi th?
Mr. Garcia: As far as we know, they are. Yes, sir.
Mayor Suarez: It's basically an ownership problem. It's not an under -
capitalization...
Commissioner Plummer: Well, it... No, it was some other problems there.
Mayor Suarez: ...or regulatory, I don't think.
Commissioner Plummer: Do you remember Sonny Wright was here before this
Commission? OK? Mr. Manager, I'm going to vote on that favorably, assuming
what you're telling me is that the internal problems that that bank had are
over. I so well remember Mr. Sonny Wright appearing before this Commission...
Mr. Odio: I believe they have new auditors, including Garth Reeves, Sr.
Commissioner Plummer: Sir, I'm taking it with the comfort that you say that
the problems are over.
Mr. Odio: Fine.
Mayor Suarez: All right.
Commissioner Plummer: Let it be on the record.
Mayor Suarez: With that assumption, and with proviso, and...
Commissioner Plummer: I'll move that Peoples Bank be accepted and that the
Hispanic bank be rejected and rebid. I'll move.
Mayor Suarez: So moved. Do we have a second on that?
Commissioner Plummer: Oh, I'm sorry.
Mayor Suarez: On that motion? Do we have a second as to one of the two
banks? Do we have a second? I'll second it, so we can get on here. Vice
Mayor.
Vice Mayor De Yurre: Any further discussion? Call the roll, please.
Commissioner Plummer: Fourteen. The motion is to accept the black bank,
which is the only one in the County...
Vice Mayor De Yurre: Restate the motion, please.
Commissioner Plummer: ...and reject the Hispanic and rebid the...
Ms. Matty Hirai (City Clerk): ...to accept the Peoples Bank and to the
Spanish portion be rejected and rebid.
Vice Mayor De Yurre: What is the issue with Transatlantic, J.L.?
148 December 10, 1992
r
Commissioner Plummer: The problem is...
Mr. Odio: No, Transatlantic is not the issue. It's that one of the banks
that did not... that their bid did not get through... it was not properly
handled.
Commissioner Plummer: Right. It was...
Mr. Odio: And in order to avoid any...
Commissioner Plummer: They said it was lost.
Vice Mayor De Yurre: So, are we talking about splitting... Is the concept to
split whatever we're going to do half and half?
Commissioner Plummer: That was not my concept. No, sir.
Vice Mayor De Yurre: I'm just...
Commissioner Plummer: My concept is that they will always be on an equal
footing before the committee. The bank in question is Gulf... Gulf Bank,
which is Hispanic and that they surrendered an application... a bid, I guess
you would call it... and for whatever reason, that bid was lost, was never
seen by the committee, and suddenly, for whatever reason, was found. And for
that reason, they felt that it was only fair the rebidding should occur, so
that they would at least have a shot, which they didn't, because their
application was not seen previously. And I concur with the interest of
fairness.
Vice Mayor De Yurre: OK. Call the roll.
[AT THIS POINT, THE CITY CLERK BEGAN TAKING ROLL CALL.]
Mr. Manuel Gonzalez-Goenaga: Regarding... Excuse me. You know, thanks to
the things that have happened in banking, it's not like the City of Miami
Commission.
Mayor Suarez: After 3:00 p.m... But it's after 3:00 p.m., I think, the way
we scheduled it. No, I...
Mr. Gonzalez-Goenaga: We have full disclosure from the regulatory agencies
where we can check the actual...
Vice Mayor De Yurre: Excuse me. Excuse me a second.
Mr. Gonzalez-Goenaga: ...financial position...
Vice Mayor De Yurre: Excuse me a second. Mr. City Attorney?
Commissioner Plummer: Mr. City Attorney?
Vice Mayor De Yurre: Mr. City Attorney, hello?
149 December 10, 1992
Commissioner Plummer: He's talking with the Mayor.
Mayor Suarez: I was talking... the issue.
Mr. Jones: Yes.
Vice Mayor De Yurre: Do we have to get any public input on this?
Mr. Jones: Only for items that are advertised for after 3:00.
Vice Mayor De Yurre: This was not advertised after 3:00 or not?
Mr. Jones: The ordinance that you passed that governs these meetings says
that if the Mayor, or any of the Commissioners, want to let someone from the
public speak on a particular item, you can do that.
Vice Mayor De Yurre: Do we have to on this item?
Mr. Jones: You don't have to.
Vice Mayor De Yurre: OK. Please have a seat. Thank you very much. Call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-795
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR A TWO-YEAR PERIOD WITH PEOPLES NATIONAL
BANK FOR THE PURPOSE OF ESTABLISHING A SPECIAL
DEPOSITORY BANK ACCOUNT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
150 December 10, 1992
"P's
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:..
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30. AUTHORIZE ACCEPTANCE OF GRANT TO FUND "MIAMI URBAN SEARCH AND RESCUE
TASK FORCE EQUIPMENT ACQUISITION AND TRAINING PROGRAM" -- COMMISSION
RESERVES RIGHT TO DESIGNATE WHAT WILL BE CONTAINED IN GRANT.
------------------------------------------------------------------------
Mayor Suarez: Item 15. Authorizing the City Manager to accept a grant,
"Miami Urban Search and Rescue Task Force Equipment Acquisition...
Commissioner Plummer: Mr. Mayor, I will move that we accept the grant, but
reserve the right unto this Commission to designate what will be contained
within the grant. I so move.
Mayor Suarez: All right, sir. So moved. Do we have a second on 15?
Vice Mayor De Yurre: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll on 15.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-796
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A
GRANT TO FUND THE "MIAMI URBAN SEARCH AND RESCUE TASK
FORCE EQUIPMENT ACQUISITION AND TRAINING PROGRAM";
FURTHER, AUTHORIZING THE CITY MANAGER TO ENTER INTO
THE NECESSARY IMPLEMENTING AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WHEN SAID GRANT
BECOMES AVAILABLE TO FUND SAID PROGRAM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
151 December 10, 1992
iiY V Y. JI. /..Ifli iY �i llii i4iiYi.IY ul1w.Y aY..W—Yii..Y---fir ---- iLi------------------------------Gii—ii
31. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND., "MIAMI
URBAN SEARCH AND RESCUE TASK FORCE EQUIPMENT ACQUISITION AND TRAINING
PROGRAM (FY 193, 194 AND 195) M.U.S.A.R.T.F." -- APPROPRIATE $6009000
FOR PURCHASE OF SPECIFIC EQUIPMENT.
Mayor Suarez: Item 16. Establishing a new special revenue...
Commissioner Plummer: It's a companion. I move it.
Mayor Suarez: So moved.
Vice Mayor De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll on 16.
A. Quinn Jones III, Esq. (City Attorney): It's an ordinance.
Mayor Suarez: Read the ordinance, please.
Mr. Jones: Excuse me, Madam Clerk. The copy I have has blanks in it. Do you
have one that...
Commissioner Plummer: No, we'll fill it in later.
Mr. Jones: OK.
Commissioner Plummer: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "MIAMI URBAN SEARCH AND RESCUE TASK FORCE
EQUIPMENT ACQUISITION AND TRAINING PROGRAM FY '93,
194, 195 (M.U.S.A.R.T.F.)"; FURTHER APPROPRIATING
FUNDS IN THE AMOUNT OF $600,000 TO SAID ACCOUNT FOR
THE PURCHASE OF SPECIFIC EQUIPMENT FOR M.U.S.A.R.T.F.
AND PROVIDING LIMITED FUNDING FOR TRAINING COURSES AND
SEMINARS WHEN SAID FUNDS ARE GRANTED TO THE CITY;
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Vice Mayor De
Yurre and was passed on its first reading by title by the following vote:
152 December 10, 1992
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
32. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO AUTHORIZE
INTERLOCAL AGREEMENT WITH METRO-DADE COUNTY FOR INCLUSION IN THE COUNTY
CURBSIDE RECYCLING PROGRAM.
Commissioner Plummer: Item 17. I move it.
Commissioner Dawkins: What is 17?
Commissioner Plummer: Curbside recycling.
Commissioner Dawkins: No.
Commissioner Alonso: I have questions.
Commissioner Dawkins: No.
Commissioner Plummer: Oh, I've got questions.
Commissioner Dawkins: I've got plenty questions.
Commissioner Plummer: OK. Then let's ask...
Commissioner Dawkins: But go ahead.
Commissioner Plummer: I'll withdraw my motion until the questions have been
asked.
Commissioner Alonso: Thank you.
Commissioner Dawkins: All right. Let's hear from the Administration.
Commissioner Plummer: OK.
Mr. Ron Williams (Assistant City Manager):
153
Commissioner Dawkins, we're...
December 10, 1992
I
n
z
-
Commissioner
Dawkins: No, Plummer got
too. Just don't address
it to me now.
-
Mr. Williams:
OK. I'm sorry.
Commissioner
Dawkins: OK. Thank you. No problem.
Commissioner
Alonso: To all of us, because we have
concerns.
Commissioner Dawkins: No problems.
Commissioner Plummer: No, Miriam said she wants to be excluded all day today.
Commissioner Alonso: I want to remind the people that five of us sit up here.
Commissioner Dawkins: OK.
Mr. Williams: OK.
Commissioner Alonso: Yes.
Mr. Williams: Mr. Mayor, members of the Commission, as you well know, we have
brought before you before the issue of the City's Curbside Recycling Program
and recommended that we join with the County through inter -local agreement to
have this program actually run through their program. And, as you well know,
they're doing it through subcontractors, external contractors. We're again
back to you saying the State has mandated a recycling effort, a diversion
effort. And we're back to you recommending that we, as the City of Miami,
join that program that the County has.
Commissioner Plummer: I have two questions. Number one, how long is this
program City's participation proposed to be?
Mr. Williams: That... We would hope that we could enter into an agreement
for up to three years, but certainly, that's the City Commission's final
decision.
Commissioner Plummer: Is it possible that we could have annual
reinstatements?
Mr. Williams: Yes, it is.
Commissioner Plummer: OK. The reason I'm saying that, just to put it on the
record, the companies that we have talked with, as you will recall, that are
talking about the big scene, not just the recycling, have stated to us that in
fact they have the state of the art... which one truck picks up everything -
trash, garbage, recyclables and everything, and their machinery will separate
it and it would save a tremendous amount of money for this community.
Mr. Williams: And increase our diversion, Commissioner.
Commissioner Plummer: All right. What I'm looking at is the fact that we
need a stop gap measure between now, which we are not picking up recyclables,
because of hurricanes and whatever other reason... My neighbors are raising
154 December 10, 1992
hell with me, you make me recycle, I put it out, nobody picks it up. Your
garbage men won't pick it up. I've got to go back out, bring it back in,
whatever the story is. So, what I would hope is that we could take, and enter
into this program, and in fact have an annual renewal, until we make some
final decision. I don't want to be locked in beyond whatever we might or
might not do, with the big picture.
Mr. Williams: I understand, Commissioner Plummer, that that's fully possible
and 1f it is not, and that's the will of the Commission...
Commissioner Plummer: OK.
Mr. Williams: ...we certainly will not enter into it.
Commissioner Plummer: In the same vein, it is also my understanding with the
County contract, as I recall, this cannot exceed five percent increase per
year. Is that correct?
Mr. Williams: That's correct.
Commissioner Plummer: OK. My final question is one that I asked many, many
months ago and I am now going to ask you again. To establish for me what the
price it was costing us to do it in-house, per household, as opposed to what
Is being said we will pay this company to do the same. And... Excuse me. I
need one other answer, in this same vein. I know that the original price that
the County was going to pay this County contractor was a $1.57 per household,
per month. Is that the level that we're entering into it? Or is it, now that
it's two or three years old, it would be more than the $1.57, with the
increases that may or may not have occurred?
Mr. Williams: That is the number.
Mr. Cesar Odio (City Manager): One fifty-seven.
Commissioner Plummer: What, $1.57?
Mr. Williams: Right.
Mr. Odio: One fifty-seven...
Commissioner Plummer: All right. Now, the County also got a guarantee there
would be no raise for... Was it five years? The first five years? Or the
first... There was something in the County contract, that there would be no
increases for the first five years, as I recall. And then, there would not
exceed an annual increase of five percent. OK? What I'm asking is, are they
still... are we entering at the $1.57 and are we starting at day one? Or are
we entering on whatever year it is of the County contract, because that had
some significant increases after that?
Mr. Williams: Commissioner, we will enter into it...
Commissioner Plummer: Is this the representative of the company? How many
years was it that you guaranteed the County of the first year's no increase?
155 December 10, 1992
1,.
Mr, William Hernandez: There's..,
Mayor Suarez: Give us your name and name of the company.
Mr. Hernandez: My name is Willy Hernandez. I'm one of the senior managers of
Community Recycling. And the contract reads where it's an annual CPI only.
Commissioner Plummer: No. But as I recall, when I saw 1t on cable TV, was it
the first three years, or the first five years, there would be no increase at
all. And years after the first three or five, it would increase no more than
three to five percent.
Mr. Hernandez: I'm not aware... I am aware of the fact that the annual CPI
is adjusted every October and that's the only increase that we have. If we
enhance the program and add additional items, there may be a possibility to do
something there.
Commissioner Plummer: I'm under...
Commissioner Alonso: Who determines that?
Commissioner Plummer: That's not my...
Mr. Hernandez: Excuse me?
Commissioner Alonso: Who will determine that? To enhance the program. Will
the County make the decision? Is it something that you will do internally or
how is it done?
Mr. Hernandez: No, that's strictly...
Commissioner Plummer: Something if we ask for additional...
Mr. Hernandez: You know, the State legislature has passed many laws, and as
we move forward to enhancing and saving the environment what happens is we
want to remove just as much as we possibly can from the way stream. So, as we
continue, there may be a possibility to come up with some different types of
plastics to pull out, or some other types of glass. And it just keeps adding,
because for every ton that you take out of the way stream, you save $54 at the
transfer stations. Right now our program in Dade County, we're pulling out
approximately 12.9 pounds per house, per set out. So, if you take that and
calculate it over the total number of houses in the system, you will realize
that this program will practically pay for itself, and bring you back into
compliance...
Commissioner Plummer: Good. That means you're doing it for nothing.
Mr. Hernandez: ...at this time that you don't have recycling going.
Commissioner Plummer: My question...
have an answer? Mr. Gary. Ron?
Mr. Williams: Yes, sir.
My final question, Mr. Gary, do you
156
December 10, 1992
_Z
<; r
Commissioner Plummer: My question is...
Mr. Williams: Mr. Manager...
Commissioner Plummer: Have you determined, as I asked many times before, what
it is costing us to do it in-house, the same like for like service?
Mr. Williams: Yes, we have.
Commissioner Plummer: And that number is?
Mr. Williams: The total cost, we figure it to be one million, five six
three...
Commissioner Plummer: You know, give me apples to apples. You want to go get
a calculator? We're paying him $1.57 per household, per month. What are we
paying like apples to apples? Is it $1.44, $2.83?
Mr. Williams: The difficulty with that...
Commissioner Plummer: How much is it?
Mr. Williams: And I know you want yes or no. Let me...
Commissioner Alonso: You are doing less than 50 percent, and they are talking
about 60,000 houses.
Mr. Williams: Commissioner Plummer, please. Let me say this. The City does
not have a full Citywide program. The City is...
Commissioner Plummer: It's based on 60,000, according to this.
Mr. Odio: Plummer...
Mr. Williams: Right. The City is only...
Mr. Odio: Excuse me. Commissioner, if you took the million five six three...
Mayor Suarez: That's what he wants.
Mr. Odio: ...into 60,000 households, the cost is about $.25 per household.
Commissioner Alonso: No, no. But that's not true, because we're not doing
60,000...
Mr. Odio: But since we're not picking up...
Mayor Suarez: No, no. Per month. It was per month.
Commissioner Alonso: ...we are doing a half of the City of Miami...
Mr. Odio: Excuse me. Excuse me.
Commissioner Alonso: ...or less.
157 December 10, 1992
Commissioner Plummer: All right. Look, guys... Heyl
Commissioner Alonso: ...that amount is approved.
Mr. Odio: the cost is a million five six three, to only one third of the
City.
Commissioner Plummer: Sir, are we doing it cheaper by them? Or are we doing
it cheaper in-house? That's my real bottom line. I was trying to draw
comparisons to comparison. What does it cost us, per household, to do it?
And what does it cost...
Mayor Suarez: Per month. Per household, per month.
Commissioner Plummer: Exactlyl
Mayor Suarez: What is the comparison? What does it work out to be?
Commissioner Plummer: That's what I'm asking. If it's only a third of the
City...
Mayor Suarez: You must have calculated it.
Commissioner Plummer: How many households are there? I don't know.
Mayor Suarez: The figure he gave is the entire amount, divided by the number
that were being served, but it's per month. You've got to divide it by 12
again.
Mr. Williams: Sixty thousand, that's about twenty-five... Mr. Mayor, I'd be
guessing. We... The aggregate...
Mayor Suarez: A little bit over $2.00?
Commissioner Alonso: It's a serious...
Mr. Williams: The aggregate numbers are one million five six three versus
first year cost of $473,000. I would have to...
Commissioner Plummer: As opposed to what?
Commissioner Dawkins: That won't work.
Mr. Williams: I would have to break it down for you.
Commissioner Dawkins: Well, what...
Mr. Odio: He has to know exactly...
Commissioner Dawkins: Nothing. I'll wait. I'll wait my time.
Mr. Odio: ...how many we're picking up. ...how many we're picking up.
158 December 10, 1992
r]
Commissioner Alonso: We need to...
Commissioner Plummer: Well, aren't you going to know how many they're picking
up?
Mr. Odio: They're picking up 60,000.
Mr. Williams: Right.
Commissioner Plummer: All right.
Mr. Hernandez: Part of...
Commissioner Plummer: So, if we pick up 60,000, how much does it cost us? I
mean...
Mr. Williams: One million five hundred and sixty-three thousand.
Mr. Odio: No. Not, it would not.
Commissioner Alonso: I move that we defer this item. If we don't have basic
information about this item, how in the world do you expect us to make an
intelligent decision?
Mr. Williams: Commissioner Alonso...
Commissioner Alonso: This is offensive to the citizens...
Mr. Williams: Commissioner Alonso, the...
Commissioner Alonso: Let me finish, please. Let me finish. This is very
offensive to the citizens of Miami, that you expect us to make final
decisions...
Commissioner Plummer: Cesar, do you understand what I'm asking...
Commissioner Alonso: ...when you cannot even offer me a concrete answer,
something that you should have before it appears in front of us. So,
definitely, this item should be deferred at this time.
Mr. Williams: This information has been provided to you for the last two
months.
Commissioner Plummer: I agree. It should be deferred until around 6:30 or
7:00 tonight. Go back and give me... All I'm asking you to do is very
simple.
Mayor Suarez: Just do the per month, per household comparison.
Commissioner Plummer: Per month, per household.
Mayor Suarez: It's a very simple calculation.
159
i
December 10, 1992
Commissioner Plummer: What did it cost us to do it in-house? We know what
it... their charges. Now, are we saving money by using this firm? Are we
losing money? Because I'm going to tell you...
Mr. Odio: Look, let...
Commissioner Plummer: ...if it's within ten or 15 cents...
Mr. Odio: You're going to save...
Commissioner Plummer: ...I want to do it in-house.
Mr. Odio: You're going to save $985,000. That's...
Commissioner Plummer: That's...
Mr. Odio: If that's what you're asking.
Commissioner Plummer: That's... You're getting where I'm listening to now.
Mr. Odio: OK. Now you're... Now...
Commissioner Plummer: Now tell me what real...
Commissioner Dawkins: How? Tell me huw.
Commissioner Alonso: How do you know that?
Commissioner Dawkins: Tell me how you save that.
Mr. Odio: Our cost is a million five six three...
Mayor Suarez: Let him complete the inquiry.
Commissioner Plummer: A million what?
Mr. Williams: Five six three.
Mr. Odio: Five six three.
Commissioner Dawkins: Wait a minute. Hold it.
Commissioner Plummer: Five sixteen?
Commissioner Dawkins: Hold it, Mr. Plummer.
Mr. Williams: It's in your package on page two there.
Commissioner Dawkins: Mr. Plummer, let me ask a question.
Commissioner Plummer: Sure.
Mr. Odio: The net cost first year doing...
160 December 10, 1992
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Commissioner Dawkins: Wait a minute. Hold it. Hold itl
Mayor Suarez: Commissioner Plummer yields to Commissioner Dawkins, to
continue inquiry.
Commissioner Dawkins: Hold it.
Commissioner Plummer: I yield to my blue brother.
Commissioner Dawkins: Don't carry us this fast. OK? Now, you say it will
cost how much money?
Mr. Odio: If...
Commissioner Dawkins: You say it will cost how much money to do it? How much
you say?
Mr. Odio: If we are doing it, one million five six three.
Commissioner Dawkins: OK. Now, you... But you're only doing 50 percent of
the City. Am I right or wrong?
Mr. Odio: No, I was wrong. He...
Commissioner Dawkins: OK. No, now... I know you're wrong. But, heyl Hey,
but you just carry me along as if I don't know any better.
Mr. Odio: I was wrong. The one million five six three is for the total City.
Commissioner Dawkins: Total City?
Mr. Odio: Yes.
Commissioner Dawkins: All right. Now, what are they going to do the total
City for?
Mr. Odio: The first year...
Commissioner Dawkins: No, no. Don't give me the first. Don't give me the
second. Give me what the...
Mr. Odio: Four hundred and seventy-three thousand dollars it will cost the
City.
Commissioner Plummer: What? Four seventy-three?
Commissioner Dawkins: And we're doing a million?
Mr. Odio: Five six three.
Commissioner Dawkins: And, how... OK. Explain to me now... You. I don't
want them to explain anything to me.
Mr. Odio: No, no. I don't...
161 December 10, 1992
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Commissioner Dawkins: No, no. Because you should have gone throu
them and be able to explain it to me, Mr. Manager.
Mr. Odio: I'm trying to do that.
Commissioner Dawkins: Explain it to me how in the hell they ca
half what we're doing it for. Explain that to me.
Mr. Odio: Volume.
Commissioner Dawkins: Volume?
Mr. Odio: Volume.
Commissioner Dawkins: We've got the same amount of volume we pick
Mr. Odio: They...
Commissioner Dawkins: No, no.
Mr. Odio: They have the whole County.
Commissioner Dawkins: No, no. Wait a minute. Wait a minute.
Mr. Odio: They...
Commissioner Dawkins: It's no way in the world...
Commissioner Plummer: He don't want to hear it how they do it, but I know how
they do it.
Commissioner Dawkins: ...for them to pick up more recyclables within the
total City of Miami then there is within the City of Miami. So volume remains
the same. So don't tell me that they're going to do it...
Mr. Odio: Let me... They...
Commissioner Dawkins: ...cheaper because of volume.
Mr. Odio: They do it because of volume. They do it because of...
Commissioner Dawkins: What volume? How... Volume how?
Mr. Odio: Mr... Let me finish.
Commissioner Dawkins: OK. I'm asking you.
Mr. Odio: They count the whole County, if they get the City of Miami, number
one. Two, labor costs. They're probably...
Commissioner Dawkins: I'm going to... I'm with everybody and I'm going to
defer this.
162 December 10, 1992
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Mr, Odio: Yeah. But...
Commissioner Dawkins: And I'd like to ask you one question before I defer it.
Mr. Odio: Yes.
Commissioner Dawkins: ...before we defer it. How much, per household, is
this going to cost?
Mr. Odio: One dollar...
Commissioner Dawkins: I want everybody up here to listen to this.
Mr. Odio: One dollar and fifty-seven cents.
Commissioner Dawkins: One dollar and fifty-seven cents, per household.
Commissioner Plummer: Now, be honest. Be honest. That's for the first year.
Commissioner Dawkins: That's right... No. I don't...
Commissioner Plummer: OK. Now, you've got an increase after that. But we
also in-house would have an increase.
Commissioner Dawkins: No.
Commissioner Plummer: So, I don't want anybody to come back later...
Commissioner Dawkins: Well, wait a... OK. When he finishes, then I'll
finish. You go ahead.
Commissioner Plummer: I'm sorry.
Commissioner Dawkins: No, I'm going to wait until you finish. Are you
finished?
Commissioner Plummer: For the time being.
Commissioner Dawkins: OK. Now... All right. A dollar and fifty-seven cents
per household.
Mr. Odio: Right.
Commissioner Dawkins: OK? All right. Per a month, $1.57 per month, times
12, equals what?
Mayor Suarez: Roughly $18.
Commissioner Plummer: Where's my calculator?
Commissioner Dawkins: All right. I'll...
Mr. Odio: Eighteen.
163 December 10, 1992
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Commissioner Dawkins: Let's round it off at $20, per month. How are you
going to get $20 a month from each household...
Mayor Suarez: Per year.
Commissioner Dawkins: ...twenty dollars per year for each household. Explain
that to me.
Mr. Odio: No, we have to pay for that.
Commissioner Dawkins: How are you going...
Mr. Odio: We would have...
Commissioner Dawkins: Where are you going to get it from?
Mr. Williams: We will not collect it, Commissioner.
Commissioner Dawkins: Where are you going to get it from?
Mr. Williams:
Commissioner Dawkins: I don't care who collects it, sir. Where will you get
it from?
Mr. Williams: We will get...
Commissioner Dawkins: No, no. Mr. Manager, where will it come from? I don't
want to hear anything from you.
Mr. Odio: It would have to come from the Solid Waste Department.
Commissioner Dawkins: No, no. OK? No, no. Now, let's...
Mr. Odio: Because if...
Commissioner Dawkins: Let's don't play games.
Mr. Odio: Instead of hiring people, you're putting the...
Commissioner Dawkins: It will come from the citizens of the City of Miami.
Mr. Odio: Of course.
Commissioner Dawkins: Am I right or wrong?
Mr. Odio: Of course.
Commissioner Dawkins: All right. Now, how are you going to collect it from
the citizens?
Mr. Odio: You are charging $160 a year...
Commissioner Dawkins: How?
164 December 10, 1992
•
Mr. Odio: ...for garbage pickup and...
Commissioner Dawkins: No, no. You've got to add $20 per month..* a year.
Commissioner Alonso: I hope not through the water bill.
Commissioner Dawkins: You've got add $20 a year. How are you going to add
it?
Mr. Odio: Yeah. You add $20 and subtract what it cost... what it would have
cost us.
Commissioner Dawkins: No, you're going to add $20 per month. How are you
going to collect it?
Mr. Odio: You subtract what it would have cost us.
Commissioner Dawkins: How are you going to collect the $20 per month that
you've got to pay whatever firm we hire to collect the recyclables? How are
you going to collect it?
Mr. Odio: We are not collecting additional monies. It would have to come
from the revenues that we have.
Commissioner Dawkins: All right.
Mr. Odio: The problem is that the revenues that we have...
Commissioner Dawkins: Wait a minute. Hold it. Hold it. OK. All right.
I'll wait until you finish.
Mr. Odio: ...the revenues that we have will be probably the same, but the
expenses would be reduced.
Commissioner Dawkins: No, no. I don't need any "probably." You need to tell
me...
Mr. Odio: The revenues... The expenses will be reduced by $985,000 a year.
Commissioner Dawkins: No. No way. No way. All right?
Mr. Odio: That's... You're asking me...
Commissioner Dawkins: But, anyway, even if it's reduced...
Mr. Odio: I'm telling you...
Commissioner Dawkins: ...still, Mr. Manager, you have not told me how you
plan to collect the money that the City of Miami must pay whoever picks up the
recyclables. How are you going to collect it?
Mr. Odio: We will pay out of the revenues that we now have.
165 December 10, 1992
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Commissioner Dawkins: You just have a balanced budget.
Mr. Odio: That's right.
Commissioner Dawkins: Where in that budget did this Commission... What line
item did this Commission OK that permits you to have the money to pay this
f i rm?
Mr. Odio: You... There is no line item for recycling per se.
Commissioner Dawkins: All right. So, now where are you going to get it from?
You know...
Mr. Odio: You would have to not to hire people this year. And with salary
savings, pay for recycling.
Commissioner Dawkins: Don't hire them in what department?
Mr. Odio: In...
Commissioner Dawkins: The Police Department?
Mr. Odio: No, in Solid Wastes. If you went to full recycling this year, we
would need to hire 28 people. So...
Commissioner Dawkins: Why?
Mr. Odio: Because you need people to pick up recycling.
Commissioner Dawkins: All right. What is the total cost... What is the
total cost of the City of Miami for 28 people?
Mr. Odio: Twenty-eight people at full salary, the average is $30,000 per
person. That's about $700,000.
Commissioner Dawkins: Huh? What?
Mr. Odio: Thirty thousand per person.
Commissioner Dawkins: You're not paying the new people you hire full
salaries, sir. You're not paying them any benefits. They don't have any
insurance. They don't have any pension. No nothing.
Mr. Odio: You know, the ones...
Commissioner Dawkins: Thank you.
Mr. Odio: If we hired them on permanent positions...
Commissioner Dawkins: Come on, give me a break now.
Mr. Odio: ...it would be $30,000. The cost of manpower is a million two a
year.
■
166 December 10, 1992
Commissioner Dawkins: So, 28 times $300000 a year is how much?
Commissioner Plummer: ...better take before their board... i told
Mr. Williams: Three times eight is 24.00
Mayor Suarez: Seven hundred and forty.
Commissioner Dawkins: Hmm?
Mayor Suarez: Seven hundred forty thousand.
Mayor Suarez: Two hundred and forty, Mr. Mayor?
Mr. Williams: Seven hundred.
Mayor Suarez: Seven forty.
Mr. Odio: Seven forty.
Commissioner Dawkins: Seven forty. OK.
Mr. Odio: All right.
Commissioner Dawkins: Now where are you going to get the seven... E
Now, in the...
Mr. Odio: Now, that's in the budget.
Commissioner Dawkins: Now...
Mr. Odio: That... We have money...
Mayor Suarez: I'm sorry. Eight hundred and forty. Eight hundred and forty.
Mr. Odio: We have monies in the budget to hire 21 people, I believe, we have.
Commissioner Dawkins: You've got money to hire what, now?
Mr. Odio: To hire... to do...
Commissioner Dawkins: Well, why don't you hire them and keep what we've got?
Why do you have to go to somebody else, if you've got the money to hire them?
Mr. Odio: Because we maintain that it's cheaper to do it this way now.
Commissioner Dawkins: You. I want you... I want all of you to understand
that this is a game. OK? What you are going to do, and I will be on all of
the radio stations, anybody else who wants to hear me... and I want everybody
who's watching TV now to understand this. What this Administration will do is
say $20 a year, add it for the collection of recyclables. It will be tacked
on to your garbage fee. It will be given to the County to collect with the
water bill. And if you do not pay the $20, your water will be cut off and
whether people can pay $20 a year, or not, their water will be cut off.
167 December 10, 1992
'therefore, people who cannot afford the $20 per year will have to pay it.
It's just that simple.
Mr. Odio: Well, somebody's going to have to pay recycling.
Commissioner Dawkins: That's right. Mr. Manager, I agree with you.
Mr. Odio: Somebody's going to have to pay for recycling.
Commissioner Dawkins: I don't have a problem with it.
Mr. Odio: Now, is it...
Commissioner Dawkins: But I don't want us to sit up here and lie to the
public. The public will have to pay for this. See, I don't care how you
sugarcoat it. I don't care what you do with it. But this Commission is
getting ready to add $20 per year to every household's taxes, by saying to it,
"I'm going to put this on your water bill. And you will not see it as a tax.
But, by the same token, if you don't pay it, the County will cut your water
off. And therefore, you can't function. So, therefore, you will get your
water bill every three months, with $60 per month added to it. And if you
don't pay it, your water gets cut off." It's just that simple.
Commissioner Plummer: Excuse me. I...
Commissioner Dawkins: But we've already done that. We've already added the
collection of garbage to a water bill. We've done that.
Commissioner Plummer: How did...
Commissioner Dawkins: And we're getting ready to do the same thing.
Commissioner Plummer: Excuse me.
Commissioner Dawkins: I move that this...
Commissioner Plummer: I'm sorry, but I walked out of the room.
Commissioner Alonso: I have some questions.
Commissioner Plummer: Would you repeat...
Commissioner Dawkins: No, I...
Commissioner Plummer: ...how garbage relates to a water bill?
Mayor Suarez: He's thinking that somehow...
Commissioner Dawkins: Mr. Plummer... OK.
Mayor Suarez: He's thinking that somehow...
Commissioner Dawkins: No, no. I'm not thinking. Wait, Mr. Mayor. I'm not
thinking. Mr. Plummer?
168
December 10, 1992
1;
Commissioner Plummer: Yes, sir. Please.
Commissioner Dawkins: We raised the garbage fee °X° dollars. OK?
Commissioner Plummer: When?
Commissioner Dawkins: When... Tell us when.
Mr. Odio: 1983.
Commissioner Dawkins: All right. And we said that we did not want the public
to know that we had raised their garbage fee and we gave it to the County to
collect, with the waste... with the water fee and the...
Mr. Odio: Commissioner...
Commissioner Dawkins: ...right now, the County collects the money...
Mr. Odio: No, sir.
Commissioner Dawkins: Yes, sir.
Mr. Odio: The County does not collect any garbage fees for the City of
Miami...
Commissioner Dawkins: No, no. It...
Mr. Odio: ...through any bills.
Commissioner Dawkins: The garbage fee is figured in with the water bill.
Come on now, Mr. Manager.
Mr. Odio: No, sir. No, sir.
Commissioner Dawkins: The sewage. The sewage.
Commissioner Plummer: I... No. Mr...
Commissioner Dawkins: The sewage.
Commissioner Plummer: Excuse me. Mr. Dawkins, I...
Mr. Odio: Storm water sewer...
Commissioner Dawkins: The water, is it figured in with the sewage bill?
Commissioner Alonso: The sewer. The...
Commissioner Plummer: The sewage is.
Mr. Odio: Storm water.
Commissioner Dawkins: Well, same difference. You're still taxing the people.
169 December 10, 1992
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Commissioner Plummer: Oh, no.
Commissioner bawklns: You're taxing the people.
Commissioner Alonso: Well, actually the question was placed to the voters.
It was turned down. Thirty dollars a month. It was turned down...
Mayor Suarez: Please, please.
Commissioner Alonso: ...and then the City of Miami...
Commissioner Plummer: I'll pay it now.
Commissioner Alonso: ...went around and placed it on the water bill, the same
question that the voters had turned down...
Mr. Odio: Let me...
Commissioner Alonso: ...it was placed on the water bill. And it's not Solid
Waste, but it's a fee...
Commissioner Plummer: Sewer...
Mr. Odio: The storm...
Commissioner Alonso: ...sewer fee...
Mr. Odio: Excuse me, Commissioner, the storm water fee.
Commissioner Alonso: Yes. And it was placed and it's exactly the same
amount.
Mr. Odio: Let me explain...
Mayor Suarez: Why are you going to argue that point though?
Mr. Odio: I'm going to argue some...
Mayor Suarez: It's just a factual thing.
Commissioner Alonso: It's exactly the same amount.
Commissioner Plummer: Well...
Commissioner Alonso: And even though the voters said no, the City of Miami
went around...
Commissioner Dawkins: But if you don't do it, they cut your water.
Commissioner Alonso: ...and charged them regardless. And probably, what
Commissioner Dawkins is concerned now that the citizens are going to have the,
same effect and that's why he is explaining it openly, so it will be at least
understood by the citizens of Miami.
r
170
December 10, 1992
Mayor Suarez: All right. Any further inquiry, Commissioners?
Commissioner Plummer: All right. You know, let me...
Vice Mayor De Yurre: Guys...
Commissioner Plummer: Let me tell you where I'm at. OK?
Mayor Suarez: Why don't we give Commissioner De Yurre a chance...
Vice Mayor De Yurre: Hello?
Commissioner Plummer: Regardless of what we're going to do...
Mayor Suarez: Commissioner Plummer?
Commissioner Plummer: OK. I'm just going to make a statement an
back.
Mayor Suarez: Everybody inquire in turn. Please, please.
Commissioner Plummer: We're going to do something today. Now, i
with this company or reinstate back in-house. We're going to do
because I'm tired of my neighbors saying...
Conmissioner Dawkins: I don't have a problem with doing something.
Commissioner Plummer: ...you force me to do this stuff...
Mayor Suarez: ...take everybody in turn.
Commissioner Plummer: ...and put it out, and now you don't pick it up. I put
it out. I've got to bring it back. I mean, it's crazy. We need to do
something.
Mayor Suarez: Commissioner De...
Commissioner Plummer: Now, I'm not this... you know, the great
environmentalist. The blue skies and green grass and fresh air...
Commissioner Dawkins: I thought that you said you would shut up.
Commissioner Plummer: Thank you. I'll shut up.
Mayor Suarez: Commissioner De Yurre and then Commissioner Alonso.
Vice Mayor De Yurre: Yes.
Mayor Suarez: Vice Mayor De Yurre and then Commissioner Alonso.
Vice Mayor De Yurre: Do we agree on the fact that this recycling is something
that is mandated by law and that we have to abide by?
171 December 10, 1992
Mr. Odio: We must be in full compliance with the recycle by 19.., the end of
'94.
Mr. Williams: Right.
Vice Mayor Be Yurre: So, we're looking at something that we have no choice...
Mr. Odio: Oh, no.
Vice Mayor Be Yurre: I mean, there has to be an expense.
Mr. Odio: State mandate.
Vice Mayor Be Yurre: We just have to see where it's going to come from.
Mr. Odio: The State mandates it.
Vice Mayor Be Yurre: OK. Now, as... If we were to do it in-house, do we
have the manpower right now to do it?
Mr. Odio: Full City? No.
Vice Mayor Be Yurre: How much more would we need to add?
Mr. Williams: We...
Mr. Odio: Twenty-eight people.
Mr. Williams: No, no.
Mr. Odio: Or twenty-one, no? How many?
Mr. Williams: We don't really need... We're doing half the City. We'd have
to add 14.
Mr. Odio: Fourteen. I'm sorry.
Vice Mayor Be Yurre: OK. Well, because the way I'm looking at this is, if
we... because if I know how the City works, the City is not going to lay off
anyone. So, you can't tell me that those who are doing the job now, we're
going to save that money in order to go outside and do it. Because I have yet
to see...
Mayor Suarez: How do you propose mechanically, which is the same question
that Commissioner Dawkins was getting at and all of us are intrigued by...
Mechanically, how do you propose you're going to save the equivalent of 28
people, or even half of 28, let's say 14? How do you propose to that? By
attrition? How?
Mr. Williams: Yes, Mr. Mayor. We would not... We would defer the hiring of
the additional 14 immediately, because we would...
Mayor Suarez: Were they budgeted?
172 December 10, 1992
T 1r yd'
Mr. Williams: No, they're not budgeted at this point.
Mayor Suarez: So, how is the savings 1n the current year's fiscal...
Mr. Williams: Well..,
Mayor Suarez: Right.
Mr. Williams: The net effect 1s we either have to add them, through some...
Mayor Suarez: So, you were expecting to have to come back to us for approval
of an incremental amount equivalent to at least 14 more people, or 28 more
people, whatever the number is, times their salaries.
Mr. Williams: Well, Mr. Mayor, yes. But, as you will recall, this item has
been before you since April and we've been trying to move it forward since
then.
Mayor Suarez: But we approved the budget, so we, the Commissioners, logically
want to know how this plays into the budget that we approved?
Mr. Williams: OK. It did not include those additional positions, Mr. Mayor,
firstly.
Vice Mayor Be Yurre: That... Well...
Mayor Suarez: All right.
Mr. Williams: And then second...
Mayor Suarez: So, technically, we really don't have the money in the budget.
All right.
Mr. Williams: Right. The second part of the Vice Mayor's question is...
He's absolutely correct. We would make up that difference through attrition.
Mayor Suarez: OK. Any...
Commissioner Plummer: But you're... But are you still...
Vice Mayor De Yurre: But attrition...
Commissioner Plummer: Are you still...
Vice Mayor De Yurre: Hold it, J.L.
Commissioner Plummer: Go ahead. Go ahead.
Mayor Suarez: OK. Continue the inquiry, Vice Mayor.
Vice Mayor De Yurre: You're talking about attrition. However, you don't have
those positions filled. So, where does attrition come in? Attrition comes in
when you have people working right now and then they retire.
173 December 10, 1992
Commissioner Dawkins: Or die.
Commissioner Plummer: No, there's nobody working in recyclabies now.
Mr. Odio: We have four...
Vice Mayor De Yurre: But you're telling me these positions have not been
budgeted so they're...
Commissioner Plummer: Nobody is...
Vice Mayor De Yurre: ...not working right now. So, where...
Mr. Odio: We have fourteen at work.
Mr. Williams: That's half of them. That's half...
Mr. Odio: We've got fourteen working now. Four...
Commissioner Plummer: Not for recyclabies.
Mr. Odio: They're not being used for recycling because we were working in
some other areas, but they are... they were hired for recycling. We have
fourteen or more.
Commissioner Plummer: All right. Victor, are you finished?
Vice Mayor De Yurre: I'm getting there.
Commissioner Plummer: All right. No, let me know when you are.
Commissioner Alonso: ...so, I'm next.
Vice Mayor De Yurre: OK. So...
Mayor Suarez: Yeah. It's... Commissioner Alonso after the Vice Mayor,
please.
Commissioner Plummer: That's fine.
Vice Mayor De Yurre: OK. So, what I'm trying to get at is really, what is
the cost savings? Because a lot of times, you know, we say we can save "X"
dollars if we do this, but since most of our budget is based on paying
salaries, unless we let people go, there is no savings. So, if we're looking
at actual savings, where are they going to come from? If you're going to tell
me now that there are two savings. One is that you're going to save from
adding an additional 14 people. And the second savings is that you're going
to let go, as time goes by, through attrition, and not rehire, the next 14
that leave the department, then we have to make sure that's what your saying.
Is that what you're stating on the record?
Commissioner Plummer: Or you can use them somewhere else.
Mr. Williams: Well, that's absolutely what I'm saying, Vice Mayor.
174 December 10, 1992
Commissioner Plummer: You don't have to use them in Sanitation. You can use
them anywhere in the City.
Mr. Williams: But in addition to that, as you well know, and this Commission
has rased the point many times, that we need people in the downtown area to
do sweeping. We need people to do various other tasks.
Commissioner Dawkins: Wait a minute. Wait a minute.
Mr. Williams: You want... May I...
Commissioner Dawkins: Wait a minute. Don't mix garbage and trash collection
with recycling, Mr. Williams. Don't do that to me.
Mr. Williams: Commissioner, I'm trying to...
Commissioner Dawkins: We are... No, no. We are discussing recycling. Don't
tell me about how many people you need downtown to pick up garbage. Don't
tell me how many people you need downtown to sweep the streets. Don't tell me
how many people you need downtown to pick up trash. Tell me what you need for
recycling.
Mr. Williams: We need 28 people.
Commissioner Dawkins: All right. And only discuss here today recycling.
Vice Mayor De Yurre: The bottom line is we're talking about the 14 that we're
going to let go in time.
Mayor Suarez: Right.
Vice Mayor De Yurre: Now, if you're telling me that you're going to take
those 14...
Commissioner Plummer: Or transfer. Or transfer to some other department.
Vice Mayor De Yurre: ...and they're going to start doing some other work,
like in a downtown area, cleaning up the streets, or whatever...
Mr. Williams: That's what I was attempting to do, Vice Mayor. But let me say
this also. We have...
Vice Mayor De Yurre: Then there isn't a savings. We may be getting
additional services, but there isn't a dollar savings.
Mr. Williams: Well, yes there is, because we have more than 14 vacancies
today.
Vice Mayor De Yurre: Are you going to be planning on filling them whether we
do recycling or not?
Mr. Williams: Then we would not have a need to fill them.
175 December 10, 1992
a
Vice Mayor De Yurre: Are you planning on filling them.
Mr. Williams: We were... Certainly. If we have to do recycling, we have no
choice but to fill them.
Vice Mayor De Yurre: No, no. Forget about recycling. Are you planning on
filling any positions?
Mr. Williams: Yes, yes.
Vice Mayor De Yurre: You're... No. Regardless of recycling?
Mr. Williams: Yeah.
Commissioner Plummer: You're budgeted for those?
Mr. Williams: Right.
Commissioner Plummer: OK.
Mr. Williams: That are vacant today.
Vice Mayor De Yurre: I thought they weren't budgeted.
Commissioner Plummer: Are you... Are you...
Mr. Odio: Other positions...
Commissioner Plummer: ...the 14 vacancies are.
Mr. Odio: ...within the Department that are funded, and through salary
savings you get what... What you do is if you don't... if you decide today
no more recycling, you take the 14 people and you keep them doing what they're
doing now, instead of filling those vacancies that we have.
Mr. Williams: Right.
Vice Mayor De Yurre: Go ahead.
Commissioner Dawkins: Mr. Vice Mayor, I'd like to defer this until... until
February and give me and anybody else a chance to find a company who wants to
be competitive, who's desirous of competing to see if we cannot get a better
price than what we have here. Now, I have a lot of questions concerning this
contract, but if we're going to defer it, I will not ask them. But if this
Commission is not desirous of deferring this until February, because it's
impossible for us to get anybody out there to bid on this and come back and be
competitive, with the Christmas holidays and all in line, because... me, I
feel, and I have no problem with saying it, that there should be a company,
owned, operated and employed, City of Miami residents, because I'm tired of
everybody who does not live in the City feasting at the City's trough and
don't live in the City.
Mr. Williams: Commissioner Dawkins...
176 December 10, 1992
Commissioner Dawkins: There should be a company out there who will be City
owned, City operated and hire only people who are drug -free and live in the
City of Miami.
Mr. Howard Cohen: Excuse me.
Commissioner Dawkins: And that's what I would like to defer it in order to
do.
Mr. Cohen: Excuse me.
Mr. Williams: Commissioner Dawkins, if I may. Really, in concert with where
you're going, would you allow the Administration to defer this through the end
of the fiscal year, and then allow us to get our program started back in-house
as best we can?
Commissioner Dawkins: No.
Mr. Williams: We've got a situation... Please, let me finish, Commissioner.
We've got a situation where we don't have a recycling effort at all in this
community. We need to either go one way or the other.
Commissioner Dawkins: Do you want me to answer that?
Mr. Williams: I certainly will work with you between now and the end of
September 30th. We can look at it through the budget process and make a
decision about the long-term situation of the recycling program. We've got to
go one way or the other and really I'm asking...
Commissioner Dawkins: I'll tell you what I will do, Mr... I'll tell you what
I'll do, Mr. Williams. Since the Manager is the individual whom we hire and
control, I will sit with the Manager and explain my concerns to the Manager,
and the Manager get back to you and hear your concerns. Now, if I do not
convince the Manager that we should wait until February, then I will concede
to the Manager's wishes of the fiscal year. But, by all means, Mr. Williams,
you must realize that the State of Florida gave us $500,000 to collect
recyclables. So, don't tell me that we are not in the position to collect
recyclables. OK?
Commissioner Plummer: But that's for equipment.
Commissioner Dawkins: Thank you.
Commissioner Alonso: By the way what happened to the grant money?
Mr. Odio: Miller...
Mr. Williams: Let me clear up something.
Mr. Odio: Miller, just for clarification purposes.
Commissioner Plummer: No, that was for equipment basically. The trucks were
$240,000 each.
177 December 10, 1992
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a� 4
Commissioner Dawkins! Go ahead, Mr. Manager.
Mr. Odio: I think you might have understood. What he was trying to tell you
to go all the way through September of next year.
Mr. Williams: Right.
Commissioner Dawkins: OK.
Mr. Odio: With the...
Commissioner Plummer: Whoa, whoa.
Mr. Williams: So, that we can get this program going one way or the other.
Mr. Odio: But I'd rather... I think we... We have to...
Commissioner Dawkins: OK. If... Look, I'll say it again. I am me...
Commissioner Plummer: No, that's...
Commissioner Alonso: We say February...
Commissioner Dawkins: This is one Commissioner who is prepared to meet with
the Manager...
Commissioner Plummer: In September we'll be criticized unreal...
Commissioner Dawkins: ...to see what we can come up with and bring whatever
the Manager and I can agree on back to the Commission for an action. Now, I
have no problem with that.
Commissioner Plummer: I've got to ask a...
Commissioner Alonso: Commissioner, I believe February or March...
Mr. Cohen: Excuse me. Go ahead.
Commissioner Alonso: ...seems reasonable and we can always address this issue
again, if we feel it's necessary. So, I think that if you state on your
motion, I will second it with pleasure, saying that we defer this item until
February or March, and then we will look into all other possibilities, some
other companies...
Commissioner Plummer: Oh. Thank you.
Commissioner Alonso: ...some other possibilities, and we're open for
suggestions. As a matter of fact, we had two companies... three companies
that were supposed to... that the Administration was supposed to return to us
with the RFP (Request for Proposals) in September, for us to award that
contract. We never heard of that again as...
Mr. Odio: That was composting.
178 December 10, 1992
Commissioner Alonso: Just a minute. No, no.
Commissioner Plummer: 'That's the big picture.
Commissioner Alonso: That's the big picture with everything - recycling and
otherwise...
Commissioner Plummer: That's why I said what I said.
Commissioner Alonso: ...to a tremendous savings for the taxpayer in Miami
$38.
Mr. Cohen: Excuse me.
Commissioner Alonso: And that's...
Commissioner Plummer: They do, Cesar.
Commissioner Alonso: ...exactly what we need.
Commissioner Plummer: They pick up everything with one truck. That's what...
Commissioner Alonso: So, it's something that, at this time, we should look in
the... in our decision, February or March, and I don't think we should even
entertain any more discussion on this item...
Commissioner Plummer: No, I've got discussion.
Commissioner Alonso: ...at this time.
Vice Mayor De Yurre: OK. J.L., you have something to say?
Mr. Cohen: May I make one comment, please?
Commissioner Plummer: I've got discussion.
Commissioner Alonso: I second the motion of Commissioner Dawkins.
Mr. Cohen: I've been here since 9:30.
Vice Mayor De Yurre: You'll get your turn.
Mr. Cohen: OK. Thank you.
Vice Mayor Be Yurre: You'll get your turn.
Commissioner Plummer: Mr. Manager, very simply... as simply as I can put it,
are you telling me that apples to apples, in-house as opposed to the private
company, amounts to a difference of $1,000,090? ...ninety thousand, per year?
Mr. Odio: No. After 194, it would be about nine eighty-five a year.
Commissioner Plummer: How much?
179 December 10, 1992
}
Mr. Odio% Nine hundred and eighty-five thousand a year.
Commissioner Plummer: You're telling me that apples to apples, for a one year
difference eis difference
fere ce between doing it in-house and a private company, the
Mr. Odio: Yeah.
Commissioner Plummer: OK.
Commissioner Dawkins: OK. Hold it now.
Commissioner Plummer: Now... Excuse me. Let me finish.
Vice Mayor De Yurre: Yeah. Let him finish.
Commissioner Plummer: Let me finish.
if you don't find me a company...
Commissioner Dawkins: OK.
I'll go along with the deferment, but
Commissioner Plummer: ...who saves me more than $985,000, in February I'm
voting for this proposal.
Commissioner Dawkins: I have no problems with that. But I want you to
understand, if I, or anybody up here, finds a company that will do it for
$985,000 and they are City residents, and the company is owned by people who
live in the City...
Commissioner Plummer: You've got me.
Commissioner Dawkins: ...I will be voting for the $985... nine hundred
eighty-five thousand dollar City residents. That's my vote.
Commissioner Plummer: Excuse me. I'll go you one better.
Commissioner Dawkins: That's my vote.
Commissioner Plummer: Because I've always been that way. Within ten percent.
Vice Mayor De Yurre: Wonderful.
Commissioner Dawkins: All right. Now... You got me.
Vice Mayor De Yurre: OK. Go ahead, say your peace.
Mr. Cohen: Thank you. My name is Howard Cohen. I live in Hollywood. I met
for two hours with Adrienne Macbeth, your assistant and Henry Jackson, the
gentleman in charge of recycling on Friday. Adrienne is...
Mayor Suarez: Sir, you said with what company? I'm sorry.
Mr. Cohen: Oh, I'm sorry. Coastal Recycling Industries. We're a local
carting company in a joint venture with a publicly owned company. We're
180 December 10, 1992
building a $25,000,000 recycling facility in Hialeah, in the enterprise zone.
And we'll save you $30,000,000 over the first five years on your trash pickup
and recycling, completely eliminating this curbside problem. Now, in the
discussion with Adrienne, she explained to me it's not just picking it up,
it's taking those commingles and separating them, finding a market for them.
And she asked us to look into this, which we are presently doing. So, I
respect and would like to see a deferment until February, so we can work with
your City to find a stop gap, until our facility opens up the end of the year.
At that point, if we're not doing any composting, we'll take about 60 to 70
percent of your garbage that's not recycled and make fuel pellets. Our parent
company is a coal company that mines over 10,000,000 tons of coal a year, and
we have markets for this for over 20 or 30 years. This is a very clean,
efficient process. The facility will take 500,000 tons a year. So, we can
handle your entire waystream. And I'd just like to leave you a copy of this
letter that we sent to Adrienne, which brings the numbers to your attention
for our tipping fees and how much we can save you over the five years.
Mayor Suarez: Very good. Thank you, Howard.
Commissioner Alonso: Thank you.
Mr. Cohen: Thank you.
Mayor Suarez: Ron, a couple of quick questions. Based on the...
Commissioner Dawkins: Thank you.
Mayor Suarez: ...prototype demonstration system that we implement in the City
for recycling, what is the estimate of the...
Commissioner Plummer: No, I have this.
Mayor Suarez: ...savings in Solid Waste from recycling so far, if we were to
do it Citywide?
Mr. Williams: We would estimate it to be... really in what we call cost
avoidance, Mr. Mayor. That is materials that would have gone to the scales
that are not going now to be approximately $490,000.
Mayor Suarez: OK. But remember, that's not the way I phrased the question,
because I phrased it in accordance with State law. What is the savings by
volume, if you have that? And if not, can you calculate that for me at some
time and give that to me? Remember, the law says...
Mr. Williams: Yeah, it's about... It's approximately six percent at this
point.
Mayor Suarez: How much?
Mr. Williams: Six percent.
Mayor Suarez: Now, if you extended it Citywide, it would be six. So, it's
six percent on the actual...
181 December 10, 1992
Mr. Williams: It's approximately six percent now. I thought you asked how it
had gone...
Mayor Suarez: And if we're doing roughly half, that means you would expect 12
percent?
Mr. Williams: We would expect 12 percent. Now, there is some drop-off there
and most neighborhoods... most communities that are Citywide or Countywide
are finding that there is some drop-off.
Mayor Suarez: OK. Remember once again, Mr. Manager, that almost all of the
systems that combine pickup of solid waste with recycling... mandatory
recycling, generate savings that are enormous compared to that. They do it by
requiring people to bag and tag their regular solid waste. They do it by
educational programs, what we should have used that other money for. They do
it a variety of ways, but six or even ten or 12 percent, if it were to
duplicate that Citywide, is minimal compared to what the law is going to
require, which I believe is 30 percent by 1994...
Mr. Williams: Countywide, yes.
Mayor Suarez: And it's minimal... Yeah, but Countywide the percentages don't
change, Ron. I mean, if it... thirty percent in the City is 30 percent in
the County.
Mr. Williams: Well, the only reason I mentioned...
Mayor Suarez: The solid waste stream is that much larger in the County.
You've got to reduce it by the same percentage in the City as in the County.
Mr. Williams: No. No, Mr. Mayor. The 30 percent is a...
Mayor Suarez: Oh, so we can piggyback on the County. They...
Mr. Williams: Yeah. It's cumulative.
Mayor Suarez: But why would we... Why would we not expect us to do at least
as well as the rest of the County and have...
Mr. Williams: We want to do better, Mr. Mayor.
Commissioner Dawkins: Thank you.
Mr. Williams: And certainly, we think that recycling... and I'd like to just
quickly tell the Commission, recycling is only just a small phase of it. The
other diversionary program that we've done at Virginia Key, where we've taken
all their organic waste, or what we call yard waste materials...
Mayor Suarez: Composting is fine. Composting is fine, but that's still not
what I'm talking about. At the source, the recycling... the way the people
begin to do things right is to do it at the source. If you get people to
understand the system, and you create a financial incentive... I'm not going
to talk about this any more, because I have told the Manager, Mr. Smith, Mr.
Valse, yourself... everybody, so many times, I have given them the Seattle
182 December 10, 1992
et cetera ... You save 30
d 40 and
the total
motto,
stream and, of course, typically a you r require aebag nf solid andt r g program to do
that. Mr. Melton.
Mr. Dusty Melton: Thank you, Mr. Mayor. My name is Dusty Melton. I reside
at 3430 Poinciana Avenue in the City of Miami. I am a resident of the City.
I also represent Atwoods, Inc., which is also a City of Miami based company,
with offices at 2601 S. Bayshore Drive. I sense that the Commission would
like to defer this matter and I'm going to keep my comments very brief in
respect to the obvious desire to spend more time studying this issue. I will
observe, however, this is the eighth time this issue has been on the City
Commission agenda. And, hopefully, the ninth time may be the final time.
Certainly, those of us at Atwoods would like for the City Commission to be
very comfortable with whatever recycling program it finally decides upon. The
City of Miami has had a recycling program. I believe it's about five
vehicles. Ron... I'm not sure how many...
Mayor Suarez: Nobody's talked, by the way, about what we would do with the
vehicles. Presumably they would be somehow sold, or transferred over to the
company that would do this?
Mr. Williams: Right. That's part of the proposal, Mr. Mayor.
Mr. Melton: There is a substantial amount of money in the budget for
recycling. And the City has begun a good recycling program. I'm happy to say
it was working up until Hurricane Andrew in my neighborhood. And it seemed to
be working very effectively and more and more neighbors on my street,
anyway... in my neighborhood, as I drove around, were becoming aware...
Mayor Suarez: It works magnificently well in mine and anyone who proposes
that it will not work as well in the poorer neighborhoods, in the City, to me
is suspect as to their motivation, is suspect as to their views. People...
Even if you don't create a financial incentive, which is very easy to do, by
telling them that you would charge them less if they put out less solid waste,
people still want to recycle. They want to do the right thing in all
neighborhoods in the City, not just in the wealthy neighborhoods.
Mr. Melton: I concur, Mayor. And I believe, in time, even the City's in-
house program, if you should decide that that's where you want to stay,
hire... buy extra vehicles and hire extra personnel, I believe, in time, the
City will set the standard for the entire County. The proposal before you
though today is an effort for the City to quickly, as in tomorrow, this week,
get back in the recycling program. Those other... Those personnel who
formerly were doing recycling, I presume are still being diverted, and will
still be diverted for some time into the hurricane debris pickup and other
responsibilities.
Commissioner Dawkins: They'd better not be, or you'll have to refund money to
the State of Florida, Mr. Williams.
Mr. Melton: Using the Manager's numbers of about a million five to do
recycling Citywide, as in every neighborhood, all 60,000 households, the
simple math is about $25 a year. Atwoods, under the County contract, offers
the City the opportunity to get back into the recycling business immediately,
183 December 10, 1992
and to do the entire City on the basis of, I think... Commissioner Dawkins
did the math for us a little while ago, as something just under $20 a year.
The reason for the...
Commissioner Dawkins: No, wait a minute. No, don't lie on Miller Dawkins.
Miller Dawkins asked for an estimate and the Administration gave Miller
Dawkins the figure of $20,000. Miller Dawkins did not arrive at the figure of #
$20,000. a
Mr. Melton: I think the figure is $20, Commissioner. The dollar...
Commissioner Dawkins: OK. Twenty dollars? Well, I didn't arrive at that.
The Administration gave me that, Mr. Melton.
Mr. Melton: OK. Fine. A dollar...
Mayor Suarez: Yeah. It was $1.57 times twelve.
Mr. Melton: ...times 12...
Commissioner Dawkins: All right. OK.
Mr. Melton: ...lets call it $20, or a little bit under.
Mayor Suarez: Whoever calculated it.
Mr. Melton: The reason that Atwoods is able to provide that comprehensive
recycling service for about 25 percent less - five dollars a year per
household, 60,000 households, starting year one - less than the Manager
estimates that the City would be able to do in-house... obviously because of
the economies of scale of having a program that includes all of unincorporated
Dade County and already 12 of the other municipalities in the County. And, as
is frequent with the case, private sector labor costs and other costs are
somewhat lower than they tend to be in some services when done by government.
We're here today for the eighth time since April 2nd. The staff
recommendation, the staff analysis that concludes within the first... after
about a year, an annual savings of just under a million dollars, I will tell
you as a resident and taxpayer here in the City of Miami, I pay substantially
through my property tax and in my $160 garbage fee towards Solid Waste.
That's my garbage pickup, whatever composting you're going to do, and
recycling. That money is already in the current budget and would be in future
budgets as well. If you're able to take advantage of the economies of scale
of a Countywide operation and save a million dollars a year, that is why we're
here, in support of the Manager recommendation, and have the ability to get
back into recycling much more quickly than you otherwise apparently are going
to be able to. In the meantime, please remember, every day that you delay a
decision, whether to restart your own recycling program, or to buy into the
Countywide program that's working so well, all of the newspapers and glass and
aluminum that I'm putting in my garbage, that gets picked up every Tuesday and
Friday, you're paying... the taxpayers are paying hundreds and hundreds of
thousands of dollars and will... and that is going to become millions, if you
delay much longer in your... in reinstituting your recycling program, because
rather than being diverted, they are going to the landfill. And the taxpayers
are paying that
184 December 10, 1992
3
tipping fee to Dade County to dump those recoverables in the landfill or take
them up to the Resource Recovery Facility. If the Commission wants to study
this some more, that's fine. We would only urge you... we are a Miami based
company, located a few hundred yards away. We employ many, many City
residents. We just hope that the ninth time you all visit this issue we Can
come to some conclusion. Thank you.
Commissioner Dawkins: Mr. Mayor, I was going to save this...
Mayor Suarez: Yes, sir.
Commissioner Dawkins: ...but since it seems we will discuss it, I like to
know, I want Mr. Williams to hear this, said that "...the new container shall
be placed at newly constructed and occupied residences. Five percent annually
of the number of containers originally distributed to residential properties
within the City. In the event that five percent (5%) allowances are exceeded,
both throughout the entire area and within the City, the City will be
responsible for reimbursement to the County, for those containers replaced,
within proportion of the service area in excess of five percent (5%). This
amount will be determined annually by the County..." Listen, now they just
said up here for the City only. "...based on reports from the contractor
listing the actual number and location of replaced containers. The
reimbursement for any excess over five percent (5%) shall be included in the
next month regular bill..." That's for everybody. Now. "...Enforcement..."
This I have a problem with Mr. Williams. "...The City agrees to take such
steps as may be reasonably necessary to protect contractor's ownership of all
recyclable materials placed at the curb side for collection by contractors
under the terms of the County contract. Including the preparations and
submissions of an anti -scavenger ordinance for the City..." They want me now
to say that people who go around and take the cans out... the aluminum cans
out of the bins in front of me... I have to pass an ordinance to say they
can't do that. OK. "...The City staff submits to the municipal county within
a reasonable time, a proposed anti -scavenger ordinance that has been approved
by the contractor..." Hey, if he wants to stop people from picking up the
cans that his problem. That is not the City of Miami's problem. Now go down
further. "...Program Revisions - Minor program adjustments affecting the
entire service area may be made from time to time as agreed to by the County
and the contractor. Such minor adjustments could include but will not be
limited to such items as variations and the required preparation of materials
by the residents or hours of collections. In the event that such changes will
require notice to the residents, the County and the contractor shall jointly
take full responsibility for providing adequate notice to the residents..."
and then I skip down. "...However, the County..." The County, not the City
of Miami. "...reserves the right to change or modify the contract and the
City agrees to be bonded thereby without separate written amendment to this
agreement as long as unincorporated area and incorporated area are affected
equally by such modification..." We have no change in what they do. Then you
go over here to "Material by default." "Less any reasonable expenditures..."
But they don't tell you in here that it says you will be bound by the floor
price. Then over here a little bit further they tell you that the floor price
Is zero. You know... "...The City shall be liable to and shall indemnify the
County for any and all liabilities incurred..." You know, this is strictly...
it's a a disadvantage to the City, Mr. Williams.
185 December 10, 1992
•
Mr. Williams: It certainly is an inter -local agreement between the City and
the County of which our City Attorney would review and approve and it would
come to the City Commission for final approval.
Commissioner Dawkins: OK. Thank you. OK Well we then can do that at the
February meeting. But, you know, since everybody got up and spoke, I just had
to put that in the record.
Mayor Suarez: OK. On the item we have a motion to defer. It has been
seconded. Any discussion? Call the roll, please.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 93-797
A MOTION TO DEFER, FOR FURTHER INFORMATION, AGENDA
ITEM 17 (PROPOSED RESOLUTION TO AUTHORIZE THE CITY TO
ENTER INTO AN INTERLOCAL AGREEMENT WITH METRO-DADE
COUNTY, FOR THE CITY'S INCLUSION IN THE COUNTY CURB
SIDE RECYCLING PROGRAM).
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
NOES: Mayor Xavier L. Suarez
ABSENT: Commissioner J. L. Plummer, Jr.
33. BRIEFLY DISCUSS AND DEFER CONSIDERATION OF PROTEST OF ALLSTAR BUILDERS
CORPORATION REGARDING CHIEF PROCUREMENT OFFICER'S REJECTION OF ITS BID
CONCERNING DEBRIS REMOVAL SERVICES.
Mayor Suarez: Item 18.
Commissioner Dawkins: What is 18... I move, what is it, Mr. Mayor?
Mayor Suarez: It is approval of a Chief Procurement Officer's decision to
reject the protest of Allstar Builders. Are they here? Let the record
reflect they didn't step forward. I'
protest. George? ll entertain a motion to reject the
Mr. George Knox: Thank you very much, Mr. Mayor...
Mayor Suarez: They are here.
186 December 10, 1992
E
Mr. Knox: ...members of the Commission. For the record, my name is George F.
Knox. I am an attorney with Officers at 25 W. Plagler Street and it is my
understanding that the Manager has an announcement which will essentially
reflect that we believe that there's a process in place whereby the subject
matter of the protest would be resolved in a matter satisfactory to all
parties concerned and we would certainly concur with any indication of a
deferral of this matter so that we...
Mayor Suarez: All right. Does the administration buy that approach?
Mr. Cesar Odio (City Manager): Fine.
Mayor Suarez: Do we need to take a vote on it? Can it just be withdrawn by
the Administration under the understanding?
Mr. Odio: I'll withdraw it for a...
Mayor Suarez: Or do we need Mr. City Attorney to vote on it at this point...
to continue... No.
A. Quinn Jones III, Esq. (City Attorney): No. You can withdraw it. He can
withdraw it.
Mayor Suarez: He can withdraw it?
Mr. Odio: ...withdraw it.
Mayor Suarez: OK. Even though there is a protest pending? No procedural
action needed to be taken?
Mr. Jones: Do you want to take action on the protest?
Mr. Odio: No.
Mr. Jones: Or do you want to defer it?
Mr. Odio: We'll wait.
Mr. Williams: We can just withdraw it.
Mayor Suarez: OK. Because if you need to we can move to continue the
determination on the protest. If not, it is withdrawn. Thank you, Counselor.
Commissioner Dawkins: Wait now.
Mr. Knox: What we are suggesting is that the item be deferred along with the
pendency of the protest. In other words, we believe that the negotiation will
resolve the protest. We of course want to reserve the privilege, in the event
that negotiations break down. I can tell you that I don't anticipate this.
Mayor Suarez: I hear that what you are saying is you don't want to be
prejudiced by the postponement. Right?
Mr. Knox: Right.
187 December 10, 1992
27.�
+x,
4
t
Mayor Suarez: All right, that can be worked out legally too, Mr. Quinn
Jones?
Commissioner Plumper: So what's happening?
Mayor Suarez: They're...
Mr. Odio: We defer it. We will bring it back if we cannot agree and they can
have the right to protest that. We are...
Commissioner Plummer: This is Item 18?
Mayor Suarez: They will try to settle it and if they can't settle it, the
protest continues.
Commissioner Plumper: Excuse me.
Mr. Knox: That's correct.
Commissioner Plummer: Is this Item 18?
Mayor Suarez: Item 18, right.
Commissioner Plumper: Whoa, Whoa, Whoa. Then I just have one question. We
are trying to get this City cleaned up of debris. This item relates to clean
up of debris.
Mr. Odio: The City is cleaned of debris for now.
Commissioner Plummer: All right. Then what is there to talk about if it is
already clean and that's what they are proposing to do?
Mr. Odio: We stilt have... As far as... We still have some other areas that
we can explore. We have the right to have that opportunity with them and
bring it back if we cannot agree.
Commissioner Plummer: If you are telling me that the City is clean and there
is nothing further to...
Mr. Odio: There are still other areas of the City that are not the streets
and need to... we need to address like...
Commissioner Plummer: How about the stumps in my neighborhood?
Mr. Williams: That's part of it, Commissioner Plummer.
Commissioner Plummer: Your neighborhood.
Mr. Odio: The stumps is part of it but also the park system... We stilt have
quite a few parks.
Commissioner Plummer: OK. I just...
188 December 10, 1992
G a'
r
Mayor Suarez: OK. So the matter is withdrawn...
Commissioner Plummer: I don't mind a good argument, if there is something to
argue about.
Mayor Suarez: ...and on the premises stated into the record. I think you are
protected, Counselor.
Mr. Knox: Thank you.
Mayor Suarez: Item 19.
Mr. Odio : Withdrawn.
Mayor Suarez: Item 19 is withdrawn.
34. RATIFY AWARD TO KOSTMAYER CONSTRUCTION COMPANY TO OPERATE BURN
CONTROLLED UNITS AT VIRGINIA KEY FACILITY TO DISPOSE OF DEBRIS FROM
HURRICANE ANDREW IN DESIGNATED CITY AREAS.
------------------------------------------------------------------------------
Mayor Suarez: Item 20.
Commissioner Plummer: Move it.
Mayor Suarez: Moved. We have a second on Item 20?
Commissioner Alonso: Yes.
Mayor Suarez: Seconded. Any discussion? If not, please call the...
Commissioner Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Mr. Manager, I guess I'm asking... Maybe I already
know the answer. Maybe it's because these guys were good at what they were
doing. But why didn't we have three companies with three contracts instead of
one company with three contracts?
Mr. Odio: We tried...
Commissioner Plummer: We did.
Mr. Odio: ...the others and we had to shut them down. There was too much
smoke. They were really... and this is the only process that we have used
that we are burning right now and there's no smoke.
Mayor Suarez: All right.
Commissioner Dawkins: OK. Thank you. No further questions, Mr. Mayor.
189 December 10, 1992
Mayor Suarez: OK. Call the roll on the item.
The following resolution was introduced by Commissioner PI
moved its adoption:
RESOLUTION NO. 92-798
A RESOLUTION RATIFYING THE AWARD MADE TO KOSTMAYER
CONSTRUCTION COMPANY IN THE AMOUNT OF $282,750, TO
OPERATE THREE (3) BURN CONTROLLED UNITS AT THE CITY'S
VIRGINIA KEY FACILITY FOR A ONE -MONTH PERIOD, TO
DISPOSE OF DEBRIS IN THE WAKE 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 Alonso, the resolution
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
35. AUTHORIZE MANAGER TO ENTER INTO A RENEGOTIATED COLLECTIVE BARGAINING
AGREEMENT WITH THE MIAMI GENERAL EMPLOYEES, AFSCME, LOCAL 1907, AFL-CIO
(10/1/92 - 9/30/93).
Mayor Suarez: Item 21. AFSCME (American Federal, State, County, and
Municipal Employees) contract.
Commissioner Plummer: I got a question on it. What does it mean
renegotiated? I thought that there was only to be one renegotiation and it
was one item opener.
Mr. Odio: This is... This is the one... This is what it is.
Ms. Sue Weller: It's a reopener.
Mr. Odio: It's a reopener...
Commissioner Plummer: For residency.
Mr. Odio: ...for...
190 December 10, 1992
s
Ms. Weller: Two articles.
Mr. Odio: ...for two items that we are to reopen at this time and we agree on
one of them is residency.
Commissioner Plummer: Excuse me. Outside of the residency item, what was the
other one?
Ms. Weller: Commissioner...
Mr. Charlie Cox: We got...
Ms. Weiler: ...there was an article that was reopened on the City's side and
an article that was reopened on the Union's side.
Commissioner Plummer: What is it?
Ms. Weller: The union reopened under wages and the City reopened on
residency. As a result of that, under wages, a... two more steps were added
to the second tier of the pay plan. We have a Tier 1 and a Tier 2 under the
AFSCME contract and a Step 7 and a Step 8 were added into that Tier.
Mr. Odio: These are the... The second tier, as you know, is the second group
of people that are making 25 percent less for the...
Commissioner Plummer: And what... Excuse me. What is that going to cost the
City on an annual basis?
Mr. Odio: Do you have that figure?
Ms. Weller: The first two years... Well, fiscal year 193 and 194 there is no
cost because no one can move into Step 7 or Step 8 unless they have the
appropriate years of service, which is six years and seven years,
respectively.
Commissioner Plummer: OK. Now, residency?
Mr. Odio: Residency is for any new employees after January 1st would have to
live in the City of Miami and thereafter they must prove every year that they
do reside in the City of Miami... every two years or something like that...
that they are still living 1n the City of Miami and that will not be waived
either. So, if this is approved, as of January 1st, any person starting to
work here has to live in the City of Miami.
Mayor Suarez: OK. May I have a motion on the resolution? Charlie, I
presume... As long as it kind of moves along you're happy so...
Mr. Charlie Cox: I been told to keep my mouth shut when things go right.
Mayor Suarez: Always works around here. I entertain a motion on the
agreement.
Commissioner Alonso: I so move.
191 December 10, 1992
s�
Mayor Suarez: So moved. I second it.
Commissioner Plummer: I've got a... I'm sorry. I've got a problem.
Vice Mayor be Yurre: Yes. Is it a religious thing or what?
Commissioner Plummer: Almost.
Commissioner Alonso: What 1s it?
Commissioner Plummer: Well, it is in reference to the residency area. That's
my problem. I stated for the record many times my position. My position is
very simple. I would never ever require anybody who presently owns a home
outside of the City to sell that home in any given period of time. That would
be wrong. Others here have professed that, but I think that would be wrong.
But if they do sell that home, the new home they buy would be within the City
of Miami. Or if they have a lease, or condo, and they rent, and that term of
that contract is up, the next one will be in the City of Miami. Now, that's
the way I feel. I've stated it for the record time and time again. And it's
strange, as I recall, previously that was the middle ground of others who up
here professed absolute and now I don't hear anything but this lone voice in
the wilderness. I'm still...
Vice Mayor De Yurre: J.L. let me...
Commissioner Plummer: Excuse me. I'm still... I'm not going to retrench.
I'm not going to retrench. That is my position. I think I have agreed with
the fact that employees who live in the City have more pride and interest in
the City. We, who are sitting up here, are required to live in the City and I
would not force a man to sell his home. But I think that if he does and he
wants to continue generating those dollars from this City, that he should take
the pride that I do and live within the boundaries of this City. So, Charlie
I've told you that already. I admire you for coming as far as you have, but I
don't think it has gone far enough because I think that was ... The others I
heard up here before were talking about that's it, you have to move now and
you've got twelve months to move.
Vice Mayor De Yurre: Look. Let me say, J.L. before I recognize Miller for a
second...
Commissioner Plummer: Sure.
Vice Mayor De Yurre: ...that an area of concern is, for example, let's say
the couple that bought... they got married. They bought a two -bedroom house.
All of a sudden they have two children. They have to move out and the dollars
only give them enough to move somewhere close to where they live, which may
not bring them into the market of the City of Miami. I think there are a
number of scenarios wherein it doesn't prove feasible for those folks.
Commissioner Plummer: Victor, I understand what you are saying, but it's the
same factor that if they were to be hired after January 1st...
Vice Mayor De Yurre: They have to live in the City.
192 December 10, 1992
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Commissioner Plummer: ...and in two years... Well, in two years, if they had
the same problem, they would have the same problem. plow, you know, I think we
have to be honest with ourselves. Either we feel that people who work for
this City do better and the City does better by them living in it, or we
don't.
Vice Mayor De Yurre: Or there isn't any room to live in the City right now,
but... Go ahead, Miller.
Commissioner Plummer: OK.
Commissioner Dawkins: There seems to be some confusion up here by one
Commissioner, J. L. Plummer.
Commissioner Plummer: Unconfuse me.
Commissioner Dawkins: OK. Well, I'm going to Unconfuse you. This Commission
has said from day one that the total Commission was desirous of those who live
in the City, residing in the City. This Commission toyed with the idea of
having people who worked for the City move into the City.
Commissioner Plummer: Right.
Commissioner Dawkins: The bargaining agents for those groups sat with each of
us and explained to the Commissioners that you're asking for something that's
impossible for three reasons: An individual who has a house cannot get the
value of that house so therefore, he... it moves at a loss (because it could
be he, she). Secondly, that if the individual had a mortgage on the house,
then they wouldn't get enough after they sold the house to purchase a house
within the City and pay off existing mortgage.
Commissioner Plummer: We're not telling them to sell.
Commissioner Dawkins: Thirdly, if an individual had paid for its house and
did not have a mortgage, that individual would have to acquire a mortgage.
And if you are 67 years old like me and just paid for your house, you could
not afford a mortgage. So, therefore, some considerations were given and
those considerations have been argued for the last three years which said the
work force had to give up that right, which states that under the right of
grandfathered in or whatever have you that if an individual starts to work for
the City of Miami tomorrow and it works for six months and because the Fire
Department allowed people to live in Kissimmee, then he could move to
Kissimmee and you couldn't stop him because of the... What do they call it,
Charlie? Grandfather...
Mr. Cox: Past practice.
Commissioner Dawkins: Past practice. We couldn't stop it. So, we have been
negotiating that for the last three years and I think now we have come. And
if I am in error correct me, we have come to a meeting in the roads where
everybody agrees that all new hires must reside in the City of Miami and I
hope that is what this says and if it doesn't I can't vote for it.
193 December 10, 1992
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s:.
Mr. Odio: That's exactly what it says.
Commissioner Dawkins: And if all new hires are required to move into the City
of... I mean, live in the City, if they start to work and we find out that
they no longer reside in the City of Miami then automatically they are no
longer employed by the City of Miami. Now, I think that's what this says.
Mr. Odio: That's what it says.
Mr. Jones: Mr. Mayor...
Commissioner Plummer: They must have Homestead Exemption in that place of
residency?
Mr. Odio: No, they could be renting and they going to have show that... proof
of their residency.
Mr. Jones: Mr. Mayor, can I just offer two observations that I think you need
to know?
Mayor Suarez: Please.
Mr. Jones: I understand fully well what this Commission's directive is but
you need to be aware of two things. First of all, the possible effect of what
you're about to pass has already been dealt with in terms of the United States
suing the City back in 1977 because of discriminatory effects of... keep in
mind that you do have a consent decree that's stilt law which basically
provides that if you don't have, or if the City is not able to find an
applicant pool within the City of Miami for a given position or given
classifications, that consent decree allows the City to the County. If it
can't be found within the County, it can go to... as far as over the country
for search for that particular position. I bring that to your attention
because there are many classifications and many positions that may become
open within the City that you will not be able to find qualified applicants
within the City of Miami.
Commissioner Plummer: Let them move in.
Mr. Jones: OK. I want to make you aware that you do have a federal court
order over here that mandates one thing and then what you're about to do is to
pass something that's contrary to that.
Mr. Odio: There could be a way or resolving that.
Mr. Jones: Well, if it can be... I'm just...
Vice Mayor De Yurre: Can't you give a preference to residents?
Mr. Odio: No. What you can do is if a particular position...
Commissioner Plummer: Then you've accomplish nothing.
Mr. Odio: ...we find that we could not find anyone, period, then we would
have to come to the City Commission...
194 December 10, 1992
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Mr. Jones: Yeah. My only concern was that the policy not...
Commissioner Plummer: The only alternative is to invite them to live in the
City.
Mr, Jones: Yeah. Well, that's true. But the only things that I am trying to
tell you is... Just one further observation... The only other thing I am
trying to tell you is that it has been shown, and this is one of the exact
issues that was dealt with in this particular case, that such a policy can
have an adverse impact on different minorities, whatever, because you can't
find qualified people within your boundaries. So that was the flexibility
that the federal court built in. I just want to make you aware of that.
Mr. Odio: It is here in the agreement that it says "recruitment will not be
restricted to the City of Miami. However, civilian applicants will be
required to meet the residency requirement at the time of hiring." We can
recruit anywhere if they want to work for the City, then they have to move.
Commissioner Alonso: Sure.
Mayor Suarez: Right. And I believe, to the contrary, that it will be that
much easier to find qualified minorities if you tell people that they must
live in the City than otherwise. I can't accept the opposite argument...
Commissioner Plummer: Do you know what is really amazing, Mr. Mayor?
Commissioner Alonso: ...percent of the citizens of Miami are minorities.
Commissioner Plummer: You know what is really amazing? We're talking about in
the City of Miami that 75% of our payroll... excuse me, of our budget is
payroll. Is that about the right figure?
Mr. Odio: Yes.
Commissioner Plummer: Sixty percent of the employees of the City of Miami do
not reside in the City. With this requirement, if you require them to live in
the City, you would have almost an immediate infusion of $90,000,000 not going
out of the City that is generated by taxpayers within this City.
Vice Mayor De Yurre: J.L., you know, where would they live? They would be
replacing somebody that's putting their money in here.
Commissioner Plummer: Victor, I have to live in the City. Now, you know, I
heard my good friend Miller and I'm sure I respect his right to voice his
opinion. I also respect my right to disagree and that is I never proposed
that we force a person to sell their home. I made that extremely clear. But
if in fact a man did sell his home and had to take out a mortgage, living in
Broward County, as a great number of our employees do, he would have to take
out a mortgage in Dade County, take out a mortgage in Broward County,
regardless of his age. As far as what is in my mind, it was always that I
felt up here that the pride of having City employees live in their
neighborhood, to know the conditions and try to better the conditions of their
neighborhood, the pride of being a resident of this City is what we were
195 December 10, 1992
.,
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{
trying to accomplish. And now suddenly, suddenly there is no one up here
speaking... I've come full cycle from being the middle ground to the only
voice. It's interesting, very interesting. I'll say nothing more. My
position... the only thing I will say is my position will not change. I have
been there be... I will continue to be there.
Mayor Suarez: Go ahead, Mr. Cox.
Mr. Cox: Yeah. You know we as City employees for once made a move. We have
been fighting you all for years and years. I go out I do studies. Let me
tell you whether I live in the City of Miami... unlike any person that sits up
here, Charlie Cox was born in Miami, raised in Miami. OK.
Commissioner Plummer: Not unlike anyone, I was born here before you.
Mayor Suarez: Much before you.
Mr. Cox: And you lived here and were raised here.
Commissioner Plummer: And I lived here all of my life.
Mr. Cox: In the City of Miami?
Commissioner Plummer: Yes sir.
Mr. Cox: OK.
Commissioner Plummer: Excuse me. So that if you want to get technical except
for one year I went to school. Yes sir, I lived here on Flagler Street.
Mr. Odio: The problem is he came back.
Commissioner Plummer: I went to Riverside Miami High.
Mr. Cox: And you sit here and you tell me that my numbers were not right the
last time. Those numbers were exact by the realtor board that they gave. OK.
Commissioner Plummer: Charlie, don't...
Mr. Cox: You sit here and you tell me that we as City employees can go out
and have finances of our homes for $100,000, $200,000, $300,000. That is not
a reality. I tell you that I make $38,000 a year and it was everything that I
can do to qualify for a $60,000 home. OK? And I'm one of them you are
talking about that lives in Broward County.
Mayor Suarez: All right.
Commissioner Alonso: I have a question for Charlie.
Mr. Cox: But we have done everything that you have said. Both times that I
came to work for this City, neither time did they require me to live in the
City. Neither time. And I cannot find a home in the City that is anywhere
near the 1800 square feet that I have where I live with a pool and a garage
for $60,000 and I'll prove to you what I paid for my house.
196 December 10, 1992
11
73
Commissioner Plummer. Charlie, I am not telling you to sell it. Under my
idea... I'm not asking you to sell it at all. You can live there the rest of
your life.
Mr. Cox: But I can find tons of homes there, where you can't find them here.
Commissioner Plummer: You can live there the rest of your life, Charlie, and
God bless you. But if you sell it, you do like I do. You choose to live in
the City that you draw your money from and represent.
Mr. Cox: And if you think you've got...
Commissioner Plummer: I have no... I have no problem... Listen, Charlie, I
admire you. You've come a long way from the way you started out thinking and
what you proposed here. I just don't think it has gone far enoufh. I've told
you that before. We have a disagreement. I love my City and I have pride in
my City and I live in my City and I pay my taxes in my City. I just wish
everybody would do the same.
Vice Mayor De Yurre: OK. Any further discussions?
Commissioner Alonso: Yes. I have a question. Charlie, what was the
implication of... like some of you that were not born in Miami. What is the
meaning of that?
Mr. Cox: Nothing. That I was born...
Commissioner Alonso: And what is the relevance to this issue?
Commissioner Plummer: I don't know. I didn't bring it up.
Commissioner Alonso: Thank you.
Mr. Cox: None. You're right. None. Other than the fact that we are saying
that we don't work as hard because we don't live in the City or we would spend
our money here in this City which is every taxpayer does not spend their money
in this City.
Commissioner Plummer: Excuse me. Charlie, I nev... Don't put words in the
mouth that I did not say. I never said that you don't work as hard because
you don't live in the City. I never said that.
Mr. Cox: You said we wouldn't... we would take more pride if we lived in the
City.
Commissioner Plummer: I still say that.
Mr. Cox: OK.
Commissioner Plummer: But I didn't say that you didn't work as hard. I'm
proud of my employees. I just wish that they lived in the City.
197 December 10, 1992
P1,11
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Vice Mayor De Yurre: OK. We're all proud of our employees. Any further
discussions? Call the roll please.
Commissioner Dawkins: Wait a minute. What's the motion?
Mayor Suarez: To approve the agreement.
Commissioner Alonso: To approve the contract.
Mayor Suarez: ...collective bargaining agreement... The extension until
September.
Vice Mayor De Yurre: To approve the agreement as proposed. Call the roll.
Commissioner Dawkins: The Manager recommended it?
Mr. Odio: Yes sir.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 92-799
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ENTER INTO A RENEGOTIATED COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI AND THE
EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI GENERAL
EMPLOYEES, AFSCME, LOCAL 1907, AFL-CIO, FOR THE PERIOD
OF OCTOBER 1, 1992 THROUGH SEPTEMBER 30, 1993, SUBJECT
TO THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED
ARTICLES OF THE COLLECTIVE BARGAINING AGREEMENT IN
EFFECT FROM OCTOBER 1, 1990 THROUGH SEPTEMBER 30,
1993, PURSUANT TO RESOLUTION NO. 91-40, ADOPTED
JANUARY 10, 1992.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: I don't know. I heard so much confusion up here with
J. L. Plummer, I don't know. Can I defer it?
198 December 10, 1992
Commissioner Plummer: For the reasons so stated, I vote no.
i-----YrarY itWWW—ra---W`—W----i---- ►1a—W—W-----Warr---r-----------------i--fr�rrdaa
36. AUTHORIZE CITY ATTORNEY TO FILE OFFERS OF JUDGMENT TO PLAINTIFF ROSIMIS
ALPHONSE ($650000).
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Mayor Suarez: Item 22. Authorizing the offer of judgment, multiple party
case, $650,000.
Commissioner Plummer: Mr. Manager? Mr. Manager?
Mr. Cesar Odio (City Manager): Yes?
Commissioner Plummer: On Item 22. I'm asking you, sir, for your
recommendations, what your comments are on the record as well as I will ask
the City Attorney and the Police Department. This is a settlement out of
court without being tried and I'm asking you, sir, and I'm asking the Police
Department if in their opinion this matter should be tried, or settled out of
court. I want it... No, sir. I'm asking you first.
Mr. Odio: It's a legal thing here.
Commissioner Plummer: No, it's not a legal thing. I don't see it as a legal
thing yet.
Mr. Odio: It is. It is.
Commissioner Plummer: Sir. It's either a settlement as proposed here, or to
be tried in court.
Mayor Suarez: I tell you what. We'll do it this way. Give your
recommendations with whatever...
Mr. Odio: I'm going to recommend this, so...
Mayor Suarez: ...with whatever...
Commissioner Plummer: Excuse me?
Mayor Suarez: ...commentary you deem proper. If you deem none proper, unless
I'm overruled by my colleagues, they will just simply give the recommendations
on the record.
Mr. Odio: Fine. If he's asking me do I recommend this? Yes.
Commissioner Plummer: Do you think it's proper?
Mr. Odio: Yes.
199
December 10, 1992
WPM
Commissioner Plummer: OK. And now, I'm asking of the Police Department on
the record if they think that this is proper, which basically says, that the
Police Department didn't do the proper things to be done... Excuse me. Is
that not what it says?
A. Quinn Jones III, Esq. (City Attorney):
says.
Mr. Odio: We're not saying that at all.
No, Don't... That's not what it
Mayor Suarez: No, please don't answer that. That would really create a
problem for us. Wouldn't this matter be susceptible to executive sessions, if
we wanted to? The settlement of legal claim.
Mr. Odio: Only labor contracts, I believe.
Mr. Jones: No.
Commissioner Plummer: Labor negotiations is the only...
Mayor Suarez: Disputes, legal disputes and settlements cannot be discussed in
Executive Sessions?
Mr. Jones: No. It's not a settlement.
Mayor Suarez: I'm sorry?
Commissioner Plummer: It's not?
Mr. Jones: No.
Commissioner Plummer: OK. Excuse me. I'm sorry.
Mr. Jones: Let me... I... When this...
Mayor Suarez: Is there an exception or not in the law for legal...
discussion of, legal matters affecting the City and claims against the City?
Or am I...
Mr. Jones: I don't understand what you're asking, Mr. Mayor.
Mayor Suarez: For executive sessions without being in the public eye, if we
were...
Mr. Jones: No. I'm not aware of any exception.
Commissioner Plummer: Only, only labor negotiations.
Mayor Suarez: OK. All right. I stand corrected. Then what do you feel
comfortable with saying on the record about the advisability of this offer of
judgment?
Mr. Jones: OK. Let me do this. I had... When this matter was initially
proposed, I met with each of you in an attempt to explain what this was and,
200 December 10, 1992
of course, I'll try to do it very briefly again. This is really a a defensive
move on our part. As you know, this case has brought the allegations... in
this particular case, a premise under Section 1983 for constitutional
violations. There is also a provision in there for if in fact there are
prevailing parties that would allow for attorney's fees. What we want to do
by virtue of your passing this resolution authorizing an offer of judgment,
and by the way, it is an offer of judgment... What it does procedurally is
cut off the attorney's fees. If in fact the City prevails in terms of
liability on this case, what it essentially means if the defendants do not
recover damages plus attorney's fees equaling $650,000, the attorney's fees
will be limited up to the date of the offer of judgment. Now, of course if
they recover more, then all bets are off, they will be entitled to recover
whatever fees they're able to prove up with the court. But I think and I
indicated to all of you that...
Mayor Suarez: That, of course, all assume that they have any right to
attorney's fees whatsoever.
Mr. Jones: Well, they will. I mean the statute is clear that 1f in fact they
can prove their case that they would be entitled to attorney's fees. What I
want to do because our evaluation of the case, of course, is much lower than
this... lower than what this offers and we think that we can't present a very
good defense. What the plaintiff's counselor offered to settle for we think
is excessive and irrespective of personal feelings or what the liability may
be in this case, I think it is in the City's best interest if we make this
procedural move and it may prove to be a good decision in the long run. This
is by no means saying that we would not vigorously defend the lawsuit because
we are prepared to do that.
Commissioner Plummer: Mr. Mayor, I'm not going to belabor the point. OK.
But, you know, what happened to the old days where something was either right
or it was wrong. Now, basically I guess the question that I am asking is did
we do right or did we do wrong. And if the answer is we did right, then I got
a problem with offering the settlement. You know that's...
Mr. Jones: Commissioner, that's the whole basis of the lawsuit. I mean you
got 56 plaintiffs, some who were injured more than others. You have
constitutional claims which, of course, have to be determined by the court.
As I indicated to you before, if in fact they prevail, the attorney's fees
alone could run in excess of a million dollars. That's the gravity of this
complaint.
Commissioner Plummer: Mr. City Attorney.
Mr. Jones: Yes.
Commissioner Plummer: If you were to say to me now that in your humble
opinion, knowing what you know, we did wrong then I got a problem. OK. I
can...
Mr. Jones: Commissioner...
Commissioner Plummer: I can feel differently. I am not asking you to do
that. OK. I'm not asking you to make that second judgment.
201 December 10, 1992
�1
Commissioner Plummer: But I have heard nothing and that is why I was asking
of the Police Department. They are the boys that are in the middle.
Mr. Jones: Commissioner.
Commissioner Plummer: They either did right or they did wrong.
Mr. Jones: Commissioner, let me just say this. It's not a judgment call for
the Police Department. Certainly, I'm sure that they would say that their
officers performed in accordance with procedures, established procedures,
whatever. We are not here before you to indict the actions of those
particular officers or the gravity of the situation whatsoever. That's for
the court to determine whether in fact they acted improperly or committed
constitutional violations. Again, certainly, we evaluated the cases and
looked at the worst case scenario and I can honestly tell you that I think
this move would be in the best interest of the City. I can't sit here and I'm
glad you won't put me on the spot to tell you that I can unequivocally say
because it's not my call. It's going to be a court. It's going to be a jury.
It's going have to make that determination.
Commissioner Plummer: I guess my second thought of the matter is simple and
that opens Pandora's box in the future that every time we turn around and have
any kind of a confrontation, we are going to have lawsuits.
Mr. Jones: Let me just mention...
Commissioner Plummer: You know what you are doing? Let me tell you what you
are doing, in my estimation. You're tying the hands of the policemen who will
be scared to move because they'll wind up in court and I think that's wrong.
I really think that's wrong.
Mr. Jones: But let me just mention...
Commissioner Alonso: And...
Mr. Jones: But let me just mention. Dr. Alonso, please...
Commissioner Alonso: Please. Please. Let me see if we can move ahead
because we have a long agenda. Look what I'm going to do. I'm going to move
that we approve on the basis of the recommendation of the City Manager and the
City Attorney and also keeping in mind that we might be saving quite a bit a
money to the City of Miami. I so move.
Mayor Suarez: So moved.
Commissioner Plummer: OK. If you would inject in there, I'll vote for it.
What is injected in the agenda and that is without the admission of guilt.
Mr. Odio: Of liability.
Commissioner Alonso: Oh, that's understood...
202
December 10, 1992
•
'd
Commissioner Plummer: You didn't say that.
Mr. Jones: Admission of liability, OK.
Commissioner Alonso: Oh, yes.
Mr. Odio: Admission of liability.
Mayor Suarez: All right. So moved and seconded with that understanding.
Any discussion? Please call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 92-800
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO FILE
OFFERS OF JUDGMENT TO PLAINTIFFS, ROSIMIS ALPHONSE, ET
AL., ON BEHALF OF ALL DEFENDANTS, IN THE UNITED STATES
DISTRICT COURT, CASE NO. 91-1429-CIV-HIGHSMITH,
WITHOUT ANY ADMISSION OF LIABILITY, IN AN AMOUNT NOT
EXCEEDING $650,000.00, AND IF ACCEPTED, AUTHORIZING
THE DIRECTOR OF FINANCE TO PAY THE RESULTING JUDGMENT
WITH FUNDS TO BE PROVIDED FROM THE CITY OF MIAMI'S
SELF-INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I am voting yes with great reservations.
203 December 10, 1992
N`
M1le°kS'Ah�t
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------------------------rW`---------"-- ►---------------pit---i---------------it—riifi
3?. BRIEFLY DISCUSS AND TABLE CONSIDERATION OF PROPOSED RESOLUTION
AUTHORIZING PAYMENT OF JUDGMENT TO CARLOS SALINAS ($1009000). (See
label 39)
------------------------------------------------------------------------------
Mayor Suarez: Item 23. This is a judgment. This is not a offer of judgment
or offer of settlement. Is it now beyond the point of appeal, City Attorney?
A. Quinn Jones III, Esq. (City Attorney): What number?
Mavor Suarez: 23.
Mr. Jones: OK. Yeah. This case was tried, Mr. Mayor.
Mayor Suarez: Just out of curiosity, are we still in time for an appeal?
Have we reserved our right to appeal?
Mr. Jones: There is no basis. We looked at this, there's really no basis for
appeal.
Mayor Suarez: That wasn't my question.
Commissioner Plummer: What's the basis of a suit. I didn't read this one.
Mr. Jones: This is the case where...
Mayor Suarez: Can I have my very simple question answered? Have we preserved
our right to appeal?
Mr. Jones: Mr. Mayor, there was no basis for appeal, so that is why...
Commissioner Plummer: Not his question. He's asking...
Mayor Suarez: Has the time expired for an appeal?
Mr. Jones: Yes, it has. An appeal was taken...
Mayor Suarez: All right. There's not a lot of options then.
Mr. Jones: I'm sorry. I'm sorry. The appeal was taken and the court
decision was affirmed.
Mayor Suarez: We lost the appeal?
Mr. Jones: Yes.
Mayor Suarez: All right, and there's no basis for writ of certification or
any other appellate procedures so...
Mr. Jones: No, sir.
204 December 10, 1992
46
Mayor Suarez: Commissioners, I think we kind of like as we say "stuck" and...
Commissioner Plummer: May I have the time to read it? I didn't...
Mayor Suarez: All right. We table 23 for a few minutes. Item 24, Accepting
the proposal of Motorola.
Mr. Carlos Smith (Assistant City Manager): Mr. Mayor, would like to withdraw
24 please.
Mayor Suarez: All right.
38. DISCUSS AND MOMENTARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION
AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH NATIONAL
ORGANIZATION OF BLACK LAW ENFORCEMENT EXECUTIVES (NOBLE). (See label
40)
Mayor Suarez: Item 25, authorizing the City Manager to execute a professional
services agreement with NOBLE for sensitivity training from LETF (Law
Enforcement Trust Fund). Does anyone have any problem with this? Mr.
Gonzalez-Goenaga, go ahead, sir.
Mr. Gonzalez-Goenaga: No, I don't have any problems at all for the specific
reason is that the ones who are going to give this course, they are black law
enforcement executives, which, as I have said earlier, in the City of Miami
the blacks are more sensitive than the Hispanic policemen in treating the
community. And what... I fully agree and I hope that they contact me so they
interview me as a member of the community and founder and chairman of the
Citizens United Against Police Brutality. Thank you very much.
Mayor Suarez: Thank you sir.
39. (Continued Discussion) AUTHORIZE DIVISION OF FINANCE TO SATISFY JUDGMENT
($100,000) TO CARLOS SALINAS. (See label 37)
Commissioner Plummer: What is it, Mr. Mayor, the legal term of... not
sovereign immunity. What is it where you provide a rescue service for
someone?
Mayor Suarez: That's a good Samaritan immunity.
Commissioner Plummer: Good Samaritan Act. I was here when this guy jumped
off the Metrorail. And you are proposing that because this so-called rescue
did not tie him down, and we are going to pay $100,000 for that?
205 December 10, 1992
a
A. Quinn Jones 111, Esq. (City Attorney): Commissioner, this went through a
trial before a jury. The legal issues were considered. A $300,000 verdict
was returned by the jury. However, they found this person to be 90 percent
comparatively negligent, the City ten percent, which translates into $100,0006
Commissioner Plummer: He jumped to his own volition. Nobody pushed him. He
jumped. He wanted to commit suicide.
Vice Mayor Be Yurre: Not anymore.
Mr. Jones: Well, that's the basis of the claim for negligence on the City's
part was the fact that he wasn't properly secured at the hospital and...
Commissioner Plummer: Excuse me. Mr. Mayor, let me go back...
Mr. Jones: That was the basis for the City's negligence.
Commissioner Plummer: It was my understanding always that the policy of this
Commission... of this City was that when we lost a case that there was an
automatic appeal...
Mr. Jones: Commissioner, we did appeal.
Commissioner Plummer: ...until this Commission had a right to decide so we
did not lose our chance to appeal.
Mr. Jones: Commissioner, we did appeal. We took in an appeal the third DCA
(district court of appeals) affirmed the lower court judgment. It's attached
to your package there. We took an appeal.
Commissioner Plummer: Can you appeal higher than the third district?
Mr. Jones: You have to have a basis to appeal further. I mean there is no
automatic right of appeal to the Florida Supreme Court which is where it would
have been. There was no basis to invoke... review by the Florida Supreme
Court.
Commissioner Plummer: Mr. Mayor, you're a lawyer, what are your thoughts
here? Mr. Be Yurre, you're a lawyer.
Mayor Suarez: Sound very tenuous but in this particular case I would like to
have had some input before the point that we are in now. I'm sorry about the
double preposition. It's too late to do anything about this, is what I'm
saying.
Vice Mayor Be Yurre: They already ruled.
Commissioner Plummer: I don't believe that a man trying to commit suicide can
turn...
Vice Mayor Be Yurre: J.L., there's a judgment.
appealed, we have exhausted...
I mean like it has been
206 December 10, 1992
a' ..tl R>1iNbS�i''nEtHv,A3+��4t s
i
3
Mr. Jones: That was not the basis for... The man jumping was not the basis
of the liability being premised against the City.
Mayor Suarez: Our liability was based on the fact that the individual was
somehow held against...
Mr. Jones: Yeah. He was not... The claim was that the City was negligent in
not properly securing him at Jackson Memorial Hospital. Further, the fact
that he did not want to go to the hospital and they just left him there. OK.
Again...
Mayor Suarez: I would love to see all the backup on all that and if
Commissioner Plummer wants to also, because we really should, in the future,
try to win those kinds of cases. I mean... the chain of incidents that took
place that led to the person's death, our involvement is minimal.
Mr. Jones: Well, we did appeal because we thought we had a basis for appeal.
Keep in mind that this...
Mayor Suarez: All I'm asking is to look at the case. I guess we have to vote
for it now. I would just like to see it.
Mr. Jones: OK. Sure.
Mayor Suarez: Somewhere along the line, it would have been nice to have known
that something like this was going to hit us.
Vice Mayor De Yurre: Do we have a motion?
Mayor Suarez: I'll entertain a motion.
Vice Mayor De Yurre: Move.
Mayor Suarez: Second.
Vice Mayor De Yurre: Go ahead, J.L.
Commissioner Plummer: Call the roll.
207 December 10, 1992
£
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31,
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The following resolution was introduced by Vice Mayor Victor De Yurre,
who moved its adoption:
RESOLUTION NO. 92-801
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO CARLOS SALINAS THE SUM OF $100400.00 IN FULL
AND COMPLETE SATISFACTION OF JUDGMENT, AGAINST THE
CITY OF MIAMI, IN CIRCUIT COURT CASE NO. 89-19257 CA
(04), UPON THE EXECUTION OF A SATISFACTION OF
JUDGMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FUNDS TO BE PROVIDED FROM THE INSURANCE AND SELF-
INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I'm told I have no choice.
Mayor Suarez: Thank you.
------------------------------------------------------------------------------
40. (Continued Discussion) DISCUSS AND DEFER TO A FUTURE MEETING
CONSIDERATION OF PROPOSED PROFESSIONAL SERVICES AGREEMENT WITH NATIONAL
ORGANIZATION OF BLACK LAW ENFORCEMENT EXECUTIVES (NOBLE). (See label
38)
Mayor Suarez: Item 25.
Vice Mayor De Yurre: Mr. Mayor, I heard some concerns by Al Cotera on this
item. He came to see me this morning. I don't know whether he's around here
and wants to speak on the issue.
Commissioner Plummer: Just for the record, I'm asking that this be deferred.
Mayor Suarez: OK.
208 December 10, 1992
0
Commissioner Plummer: For the basis of the fact that it is from the Law
Enforcement Trust Fund and I don't want any of these monies expended that are
not absolutely necessary, until such time that we have had a meeting of the
minds.
Mayor Suarez: I would ordinarily vote against a motion to defer, being
consistent, we now have two reasons. One is your concern and now...
Commissioner Plummer: Sir, mine 1s the same reason as this morning.
Mayor Suarez: Right. That's all right, but we have additional reason, the
Commissioner thinks that...
Vice Mayor De Yurre: The concern that he expressed to me is yes, this program
is needed. However, he felt that the work that is going to be done should be
done by local firms not by, I believe, a Washington firm that has no ties
other than it is going to have to hire locals here that already bid on this.
Commissioner Plummer: Excuse me. I have another question on this, Mr. Mayor,
that I've asked for research to be done. This supposedly is a mandate, the
sensitivity training by the State of Florida for further certification.
Assist. Chief Raul Martinez: Correct, yes, it is.
Commissioner Plummer: We worked like hell last year to get a Amendment 3 that
says the state mandated that any program on a City it had to either provide
the money or a source of revenue to be able to secure by the City and I
haven't heard anywhere where there are any funds coming from the State of
Florida. So I'm saying that if this is a mandate from the State, they have
got to provide the money according to the Amendment 3 that passed last year.
Assist. Chief Martinez: Commissioner, we tried. Officers that do not go
through this training before... they have four years to attend this
training... will be certified by the State.
Commissioner Plummer: That's not my question, Raul. If you call the Florida
League of Cities tomorrow, they will explain to you Amendment 3 that says
state mandated programs have to have state funds provided or the availability
of a city to get the revenue outside of the ten mills and that's not being
proposed here. So that was the second reason that I was asking on this
particular item.
Mayor Suarez: All right.
Commissioner Plummer: Excuse me. I have Anne Sterling in my office, who's
talking with the State on this by the way.
Mayor Suarez: OK. May we... You have some concerns on behalf of the Union,
right?
Mr. James Mann: Yes, I do.
Mayor Suarez: Is it enough that we are going to probably defer the item and
you can try to get those resolved with individual Commissioners?
209 December 10, 1992
Mr. Mann: I believe so. I believe if I express my concerns, this item might
not pass.
Mayor Suarez: OK. Could you just put your name in the record since you
already commented on the record?
Mr. Mann: Yes, sir. My name is James Mann. I am an employee representative
with the Fraternal Order of Police, Miami Lodge 20 which is the collective
bargaining unit for the Miami Police Department Police Officers.
Mayor Suarez: OK, James. Can we then assume that you're going to be in
support of a motion that this matter be deferred?
Mr. Mann: Yes, sir.
Mayor Suarez: All right. So entertained. Moved.
Commissioner Plummer: Second.
Mayor Suarez: Seconded. Any discussion?
Assist. Chief Martinez: Mr. Mayor, may I say something? Even though the
firm, like Commissioner De Yurre said, it's a Washington firm, the training
was going to be done by a local subcontractor here in South Florida. NOBLE is
the conduit to do the training. We have been working on this since 1989 in
the Police Department.
Mr. Mann: It would be at an extra cost to the City of $1,700 per....
Mayor Suarez: OK, wait, wait.
Vice Mayor De Yurre: Excuse me. Excuse me. The only issue, Raul, is that...
They way it was expressed to me is some of these locals are going end up doing
the work they actually bid on this. So if they are going to end up doing the
work, why didn't they get it to begin with and keep it local as opposed to
having a Washington firm? That is the issue that they expressed to me.
Mayor Suarez: Does the postponement for one month affect in a very negative
way the functioning of the department? Is that...
Assist. Chief Martinez: It affects the scheduling that we have arranged with
NOBLE because the training was supposed to start in January. It doesn't kill
the training altogether. I am not saying it kills the training.
Commissioner Plummer: Got four years.
Mayor Suarez: The first meeting in January is the 14th?
Commissioner Plummer: You got four years to get them certified.
Mayor Suarez: All right. The first meeting in January in on the 14th so...
Commissioner Plummer: What is it 16 hours?
210 December 10, 1992
Assist. Chief Martinez: 24 hours, sir.
Mayor Suarez: Let us hope we can dispose of it then.
Commissioner Plummer: Twenty-four hours. You have 4 years to do it. May I
also inquire the City Manager find out who other 27 municipalities are using
here. It would seems logical to me that FIU (Florida International
University) or one of those schools where there are so many people involved...
Mayor Suarez: We have used Barry a lot in the past. I know that.
Commissioner Plummer: Yeah, do it in-house.
Mayor Suarez: OK. On the item, we have a motion to defer, and it is
seconded. Call the roll, please.
THEREUPON MOTION DULY MADE BY VICE MAYOR DE YURRE AND
SECONDED BY COMMISSIONER PLUMMER, ITEM 25 WAS DEFERRED
BY THE FOLLOWING VOTE:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins.
Mayor Suarez: Yes. You know the item of the local input, if the people that
are going to do the actual consulting are local... could probably be
resolved. If somebody just sends a clear message to the Washington, D.C.
entity that they can maybe have a more direct linkage.
Assist. Chief Martinez: They have been sent very direct messages to use local
consultants.
Mayor Suarez: All right.
211 December 10, 1992
•
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41. AUTHORIZE PAYMENT TO METROPOLITAN DADE COUNTY FOR THE UTILIZATION OE TWO
AIR RESCUE HELICOPTERS ($89,054).
------------- --------------- ..-------------------------------------------------
Mayor Suarez: Item 26. Helicopters...
Commissioner Plummer: Move it.
Mayor Suarez: Moved. Seconded. Any discussion? I gather from the motion by
Commissioner Plummer that as Commission Awareness Supervisor he strongly
supports. God knows we needed those helicopters during the hurricane. Call
the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-802
A RESOLUTION AUTHORIZING THE PAYMENT TO METROPOLITAN
DADE COUNTY FOR THE UTILIZATION OF TWO AIR RESCUE
HELICOPTERS, IN THE AMOUNT OF $89,054, ALLOCATING
FUNDS THEREFOR FROM THE FY 91-92 POLICE DEPARTMENT
GENERAL OPERATING BUDGET, INDEX CODE 290201-906, IN
THE AMOUNT OF $72,254, AND THE FY 92-93 GENERAL
OBLIGATING BUDGET, INDEX CODE 290201-270, IN THE
AMOUNT OF $16,800.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso.
212 December 10, 1992
F
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42. DISCUSS, AND DEFER TO FUTURE MEETING, CONSIDERATION OF PROPOSED
RESOLUTION TO ALLOCATE FUNDS FOR THE FLIGHT TIME AND MAINTENANCE OF TWO
AIR RESCUE HELICOPTERS CITY TO HONOR LT. ROBERT APTE WHOSE NAME HAS
NOW BEEN CLEARED. (See label 87)
Mayor Suarez: Yes. Item 27.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Dawkins: Seconded.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Commissioner Dawkins: You know. Hold...
Commissioner Plummer: Hold it.
Commissioner Dawkins: Mr. Manager, how much does a helicopter cost?
Major Raymond Martinez: Major Martinez, with the City of Miami. The price of
a helicopter, obviously, depends on the type of helicopter.
Commissioner Dawkins: OK. All right. Let me rephrase my question since you
are going to get that technical. How much does a helicopter cost of the type
that we use and that we are talking about that you use? Hello.
Sgt. Jeff Turner: I'm Sergeant Turner, the chief pilot of the aviation unit.
The current model that we are usin , the approximate replacement cost of a new
one of that type is approximately 1280,000.
Commissioner Plummer: That's the smallest of two planes.
Commissioner Dawkins: Twenty-two what, now?
Sgt. Turner: Approximately 280,000.
Commissioner Dawkins: Twenty-two thousand, 80...
Sgt. Turner: No, sir, $280,000.
Commissioner Dawkins: All right. $300,000 for the lot, round it off.
Sgt. Turner: Approximately, yes, sir.
Commissioner Dawkins: Now and you are leasing a plane from the County and how
much per year?
213 December 10, 1992
At
Sgt. Turner: It depends on flight time, how much we use it. We are averaging
approximately between 70 and 120#000 a year, depending on flight time.
Commissioner Dawkins: All right, so let's round that off to 100,000. So
leasing a plane for three years is 300,000. We can purchase our own plane for
300,000. Why aren't we purchasing our own plane?
Commissioner Plummer: Oh, you're not in the ball park. Excuse me.
Commissioner Dawkins: Why not, J.L.?
Commissioner Plummer: One hundred seventy-six dollars an hour is the
estimated cost to maintain. That is maintenance, fuel, and repairs,
insurance, a hundred seventy-six... This is the biggest bargain that we'll
probably get.
Commissioner Dawkins: Mr. Plummer, Mr. Plummer...
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: Mr. Plummer, item 27 says $171,200 for the operation
and maintenance of the helicopter which you are leasing for $89,000 a year.
Is that not the same operational cost, sir?
Commissioner Plummer: Yeah. No, sir.
Commissioner Dawkins: What's the difference, sir?
Commissioner Plummer: No, sir. We're getting it cheaper because we don't...
Commissioner Dawkins: No... Getting it cheaper? What, now?
Commissioner Plummer: Let me answer.
Sgt. Turner: The price that we are paying is a hundred...
Commissioner Dawkins: No, no, no, no. Wait a minute now. I can't fight both
of you at one time.
Commissioner Plummer: Take me, then you won't have anything left to fight
them.
Commissioner Dawkins: Let me finish with Commissioner Plummer and then I can
deal with the Administration.
Commissioner Plummer: First and foremost, you're not laying out the initial
cost of the purchase of the plane.
Commissioner Dawkins: Why not?
Commissioner Plummer: You're not having to, because you are leasing it.
Commissioner Dawkins: What's the different if I lease it with a lease order
to purchase or if I purchase it and purchase it on an installment plan where
I'll pay $100,000 a year for three years, it's still the same.
214 December 10, 1992
l
4{y(
Commissioner Plummer: You're not doing that.
Commissioner Dawkins: But.., But... That's what I want to know. Why are we
not doing that? That's what I'm asking.
Commissioner Plummer: Because we are saving $300,000.
Commissioner Dawkins: How are you saving $300,000?
Commissioner Plummer: We're not purchasing the aircraft. We're merely...
Commissioner Dawkins: You're still spending $300,000, J.L.
Commissioner Plummer: No, sir.
Lt. Joseph Longueira: Commissioner.
Commissioner Dawkins: I don't need anything from you guys. Nothing.
Commissioner Plummer: I move the item be deferred and they go and explain it
to him.
Commissioner Dawkins: Thank you. I second the motion.
Commissioner Plummer: It's so simple.
Mayor Suarez: Moved and seconded. Any discussion on that motion? You're
not tabling, you're suggesting a deferral?
Commissioner Plummer: Defer so they can go explain to him why it is cheaper
to do our program and we're getting a hell of a buy.
Mayor Suarez: One quick question. What's the... if you know, the lift
capacity of one of these? If you have to lift something.
Lt. Longueira: They're not made for lifting, sir. These helicopter strictly
are two -passenger helicopters.
Commissioner Plummer: Correct.
Mayor Suarez: All right. OK. When you get a chance, just give me an idea of
a quote on a helicopter that can lift at least an automobile. What would that
cost? About a ton and a half, three or four thousand pounds.
Lt. Longueira: Millions, a couple millions.
Commissioner Plummer: We've got one. We've got one. What happened to the
Sikorski? What happened to the Sikorski we had?
Lt. Longueira: The what?
Commissioner Plummer: The big bird that Bob got just before he died. That he
was working on.
215 December 10, 1992
7
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Lt, Longueira: The Bell?
Commissioner Plummer: No, not the Bell.
Lt. Longueira: The Huey?
Commissioner Plummer: The Huey. Where is that?
Lt. Longueira: That's not ours. It's the County's.
Commissioner Plummer: We don't have it anymore?
Mayor Suarez: Gone.
Sgt. Turner: It never was ours.
Commissioner Plummer: Why were we working on it?
automobile. That'll lift more than an automobile.
Vice Mayor De Yurre: OK. No further discussion?
OK. That will lift an
Commissioner Plummer: Under discussion, Mr. Manager. Let me te11 you
something. I want it spread on the minutes that our man, Lt. Bob Apte...
finally, the truth prevailed and that man's name was cleared. I think
whatever we do, we should do something in his honor and in his memory.
Something should be done by this City to say, we're sorry and you should have
been with us.
Commissioner Dawkins: I move that we buy a helicopter in his name.
Commissioner Plummer: No sir. I will not do that. I love him dearly but that
I'm not buying. Because Bob would flip if you did it and we don't want him
flipping. All right. So all I'm saying to you is if the Department wants to
or the Administration I think something should come forth that we can do in
honor of that man who did an awful lot for this City and in this community.
Lt. Longueira: I think we have been working on some kind of memorial to him.
We have been waiting and we will bring it back to you.
Commissioner Plummer: Fine. let's do it.
Commissioner Alonso: That's nice.
Vice Mayor De Yurre: OK.
Commissioner Dawkins: Buy a helicopter in memorial to him.
Vice Mayor De Yurre: We have a motion to defer?
Commissioner Dawkins: Yes.
Commissioner Plummer:
Blue -Brother.
Yes. Defer so that they can go talk to Commissioner
216 December 10, 1992
--WrM�
Vice Mayor De Yurre:
OK. Call
the roll.
The following
its adoption:
motion was
introduced by Commissioner
Plummer, who moved
MOTION NO. 92-803
A MOTION TO DEFER AGENDA ITEM 27 (PROPOSED RESOLUTION
TO ALLOCATE FUNDS FOR THE FLIGHT TIME AND MAINTENANCE
OF TWO AIR RESCUE HELICOPTERS, IN AN AMOUNT NOT TO
EXCEED $171,200, ETC.); FURTHER DIRECTING THE POLICE
DEPARTMENT TO EXPLAIN TO THE CITY COMMISSION WHY IT IS
PREFERABLE TO HAVE A CONTRACT FOR THE FLIGHT TIME AND
MAINTENANCE OF TWO HELICOPTERS RATHER THAN PURCHASE
SAME.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Mayor Xavier L. Suarez.
[NOTE: This item was later passed and adopted by R-
92-824.1
-------------------------------------------------------------------------------
43. DISCUSS, AND DEFER FOR FURTHER INFORMATION, CONSIDERATION OF REQUEST FOR
SIDEWALK CAFE PERMIT FOR ELENA'S ITALIAN RESTAURANT, INC., D/B/A CAFE
SCI SCI, LEASEHOLD.
Vice Mayor De Yurre: Item number 28.
Commissioner Plummer: Oh, this is interesting.
Commissioner Alonso: To say the least.
Mr. Wally Lee (Assistant Manager): Commissioner, this is a resolution to deny
a sidewalk cafe permit for the sidewalk area immediately adjacent to Elena's
Italian Restaurant, known as Cafe Sci Sci, due to the inability of the Cafe
Sci Sci operator to obtain the required consent of the adjacent property owner
to occupy said sidewalk area.
217 December 10, 1992
u�
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Commissioner Plummer: Question that was interesting that was proposed to me
and you tell me if it was a true statement. The matter I thought was public
right-of-way that the owner of the building did not have from the sidewalk
out. The owner of the property owns to the center of the street and the City
takes back an easement to control that area of the sidewalk and swale areas.
Is that a true statement?
Mr. Jim Kay: He does not own it. He owns what is on his warranty deed, I
would presume. If the street is ever closed, of course, half of it goes to
the owner. The City really is guardian of the public right-of-way.
Commissioner Plummer: Who has the priority rights over that area? And I
think that speaks to this issue right here, OK. Does the City have the right,
for example, could we go all the way up and down every street and we could in
fact put... sell or rent, or permit fees to put tables and chairs out, if we
control it? Could I do it in front of the post office? Could I do it in
front of the grocery store? If the City is in control of that area...
Commissioner Dawkins: J.L., let's take it a step further.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Who owns... Where does the property line stop?
Commissioner Plummer: That's the point.
Commissioner Dawkins: Does it stop at the building or does it stop at the
curb?
Commissioner Plummer: I was told this morning that actually in fact it goes
to the center of the street and the City takes back when it says that the
control of the sidewalk and the swale area.
Commissioner Dawkins: If that's a true statement, J.L., why is it when
someone falls on the sidewalk, they sue the City of Miami and not the owner of
the building?
Commissioner Plummer: Because we take back an easement on that area.
Commissioner Dawkins: Beg your pardon?
Commissioner Plummer: We take back an easement so if we do take back an
easement we take back control and we should be...
Commissioner Dawkins: So you're saying that...
Commissioner Plummer: I'm not saying, I'm asking.
Commissioner Dawkins: OK. OK. You're asking, just like I'm asking, who is
the rightful owner of the property from the base line of the building to the
curb?
218 December 10, 1992
Commissioner Plummer: That's a good point. Who's the owner? You make a good
point. Who is the owner and who has control? That's two separate points.
Mr. Kay: The best answer I can give you is that the owner is the general
public. We are responsible for public right-of-way, for maintenance and
upkeep. We cannot sell or lease or rent the property that is known as public
right-of-way.
Commissioner Plummer: You are doing it here. You are charging a fee.
Mr. Kay: We are charging a fee for the public services that is required to
monitor and enforce this ordinance.
Mayor Suarez: Let me just do a ceremonial item here and recognize, chair's
prerogative, former Miami City Commissioner, Joe Carollo. Looking prosperous,
Joe. A lot of people look better after the hurricane, you know. They bought
some nice suits. All right, sir. Doesn't it seems in this dispute here that
we are being asked to resolve what is really a landlord/tenant dispute by
our... involving our permitting powers. I mean wouldn't it be easier to sort
of assume that the parties, when they sold property, would have provided that
the lease that was in existence would somehow be maintained in effect and
would include the presumably profitable part of the operation?
Commissioner Plumper: But Mr. Mayor, we're hearing from these gentlemen that
the landlord does not control that area.
Commissioner Alonso: Why do we ask that they giver permission in order to
obtain the permit? If that is the case, this is a contradiction and when
indeed you request...
Commissioner Plummer: That's interesting. Very interesting.
Commissioner Alonso: ...the permission in order to issue the permit, you
started a law. So, it's right there. It's the key issue that we have to
address.
Mr. Lee: Commissioner...
Commissioner Alonso: Also, let me state for the record that the curb side and
so on, the property owners have to maintain, because if you have grass, you
have to cut, you have to maintain, otherwise, you'll get a citation from the
City of Miami. You are in violation of the ordinance. Therefore, something
is wrong in the statement that has been made. In fact, the landlord is
involved because the City of Miami has requested the permission, therefore,
they have to be involved.
Commissioner Plummer: Well, I think also one of the the other things that was
made very strong when we started allowing this... that fact that anyone of
the public could sit down at one of those tables without being served of
without buying anything that it was the public right to have access to public
property. So I think that was also one of the...
Mr. Lee: That is correct and that is in the ordinance.
219 December 10, 1992
0--
Commissioner Alonso: Yes.
Commissioner Plummer: Refresh my memory very quickly, may be I'm deviating.
But is part of that ordinance, was there not a provision that there is to be
no live entertainment? Would you look into that and let me know on that,
please. I think it was. What... Where are we? I don't know...
Mr. Lee: OK, sir. Then again it's very clear. Our interpretation and it
reads, the ordinance itself, Section 54-113 and 54-114 are very clear. "The
expansion of sidewalk cafe operations to contiguous adjacent sidewalk frontage
of a sidewalk cafe permittee, unless written approval is given to said
permittee by the adjacent building's owner."
Commissioner Plummer: But yet the basis... You're saying to me on the other
hand that the building's owner does not own or control that area of where the
tables and chairs are.
Mr. Lee: But it's specific in the ordinance "in front of that building."
That what this ordinance was for, sir.
Commissioner Plummer: But why would we have ever put that in that says the
owner of the building has the right to control that which you tell me is owned
and operated by the City? Did we, you know...
Mr. Lee: Quinn, could you help us out on that?
Commissioner Plummer: Hello.
A. Quinn Jones III, Esq. (City Attorney: I don't know what the intent was.
I can only tell you presumably...
Commissioner Alonso: Now we are doing quite well.
Mr. Jones: I can only tell you presumably the intent was to prevent this
situation you are about to have now. Where the ingress and egress of
adjoining businesses are impeded because one owner wishes to go beyond the
frontage that he or she has been granted a permit for. Presumably that's the
intent behind it.
Commissioner Plummer: Yeah. But how do you... We, the City, as I understand
it, derive a permit fee and an income based on the amount of square feet
involved. OK? Now, do you... do we, the City, reserve the right to say how
much square footage you can have? It's our property. It's under our control.
Could we say to McDonald's, "You can have all of McFardland from there to
there. All you have to do is pay us square footage regardless of who the in-
house owner is"?
Mr. Jones: No. My understanding is that the permit is granted for that
particular owner to use the frontage that is in front of his... frontage that
abuts his property. To the extent that they wanted to exceed that, they would
have to follow the requirements which called for one of which... called for
the adjacent property owner's consent for that business owner to exceed beyond
the frontage of his individual property. Which is what you have here.
220 December 10, 1992
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Commissioner Plummer: Mr. City Attorney, based on that and the comments of
staff, we can lease it to someone who doesn't even have anything in the
building.
Mr. Jones: We can lease what?
Commissioner Plummer: We can lease...
Mr. Kay, No. The person has to have a restaurant or takeout first. The
person who is...
Commissioner Plummer: Why?
Mr. Kay: ...applying for a permit has to have a restaurant or takeout first.
Commissioner Plummer: Why? It's my property. I own it and I control... I
can do what I want with it. I don't have to say there has to be a property
owner to tell me what I can do with my City property. There's nothing in that
ordinance that would prevent it.
Mr. Carlos Smith (Assistant Manager): You mean, as far as leasing it to
somebody else that doesn't have an interest?
Commissioner Plummer: To anybody I want to, the highest bidder. There is
nothing in the ordinance that I have read that said if I wanted to rent and
lease square footage to McDonald's in front of Johnny Rockets that prohibits
me from doing it. I own it and I control that property. It's I, the City.
Mr. Jones: Well... Well...
Commissioner Plummer: That doesn't make sense. It doesn't make any sense at
all, but I don't think...
Mr. Jones: Well, of course it wouldn't...
Commissioner Alonso: Let's instruct the administration to come back with
corrections to this issue because we are really...
Mr. Jones: But to the intent that you...
Commissioner Alonso: ...having a serious problem in the City of Miami.
Mr. Jones: Commissioner...
Mr. Kay: The way the ordinance reads, if I can maybe clear it up. The permit
was applied for by Cafe Sci Sci. They have a restaurant establishment and
they want to use the adjacent sidewalk.
Commissioner Plummer: Excuse me. We are not here talking about that permit.
We're talking about changing the ordinance. Am I correct?
Commissioner Alonso: Yes.
Commissioner Dawkins: Yes.
221 December 10, 1992
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Comrflissioner Plummer: We are talking about changing it. Whatever the
ordinance is in the past and whether it was denied or appealed on is really
not important today. Cause we're talking about changing the operation in the
ordinance.
Mr. Jones: What change are you looking...
Commissioner Alonso: Yes and no. We're talking in the future. But right now
we have to deal with this particular case.
Commissioner Plummer: What they're saying the proposed change today, as I
understand it, what we're being asked to do is allow the City to issue a
permit without the owners necessarily approving the application.
Mr. Jones: OK. Wel 1 , 1 et me just tel 1 you what the net effect of that i s
because what you'll be doing is opening up a can of worms.
Commissioner Plummer: I agree.
Mr. Jones: What you essentially... If you amend the ordinance to do what
they are requesting, what you will have is actually no control over where his
tables and chairs can be placed. You are going to get claims from business
owners because you will be blocking the ingress and egress to their
businesses. Furthermore, you may have signage blocking the entrances to these
places. You will have no control over it whatsoever. So what you are saying
is that these people will have carte blanche to use the right-of-way any
particular way and to what extent they wanted without an adjoining business
and having any say so as whether his business... his or her business is
affected one way or another.
Commissioner Alonso: Heavens.
Commissioner Plummer: Today there is no prohibition in that ordinance, that I
see, that says that they can't do that.
Mr. Jones: Mr. Plummer, the... the ordinance is very clear with respect to
what's required in term of getting a permit. The only way you can get a
permit is by application. When you make the application, one of the
requirements is that you have the consent of the adjoining owner.
Commissioner Plummer: Right.
Mr. Jones: And what Public Works has made a determination that sure, you may
have had the consent previously, but you don't have the consent of this owner.
The whole question seems to resolve around the fact as to whether it's an
annually requirement for an applicant to come in and meet everyone of these
requirements. As I read the ordinance and if you read it in its entirety, it
crystal clear to me that these are annual requirements. You can't pick and
choose well this year because, you know, I have a dispute with my landlord or
whatever, therefore I shouldn't be required to have to get the owner's
consent. I mean you're nullifying what you... what you attempted to do by
passing this ordinance is to have some control and semblance of order of where
these cafes... sidewalk cafes have been placed.
6
222 December 10, 1992
C
Commissioner Dawkins: Mr. Vice Mayor, Mr. Vice Mayor, Mr. Vice Mayor.
It 11, "1
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Vice Mayor De Yurre: Yeah, but... you know, let me recognize you in a
second. Let me tell you something, Quinn. Obviously, it can't be that
crystal clear when for years nobody's gotten that permission from the owner
time and time again.
Mr. Jones: Well, Commissioner...
Vice Mayor De Yurre: Go ahead.
Mr. Jones: Commissioner, I understand that. Whether the City enforced the
ordinance all these years or not, presumptively you have a valid ordinance on
the books that until a court of competent jurisdiction has declared that it is
invalid - it's valid law.
Commissioner Plummer: Or three votes of this Commission change it.
Vice Mayor De Yurre: That's right.
Mr. Jones: That's right, three, and it's your prerogative... it's your
prerogative to change it.
Commissioner Dawkins: I was getting ready to ask the same question. What is
the procedure to revoke all uses of sidewalk cafes?
Mr. Jones: OK.
Commissioner Plummer: Three votes, the Father, the Son and the Holy Ghost.
Commissioner Dawkins: I want to ask... No, I ask the City Attorney. You see,
we are sitting up here going through petty, you know... pettiness, you know,
and it doesn't make sense. So if you are going to be petty, wipe the whole
thing out.
Mr. Kay: You would have to rescind the ordinance.
Mr. Jones: Well, just like you passed it, you can certainly rescind it. It
takes action by this Commission.
Commissioner Dawkins: So all 1 have to do is pass another ordinance
rescinding the ordinance that granted permission to use sidewalk cafes. Is
that right?
Mr. Jones: Repealing it.
Commissioner Dawkins: Repealing? OK. All right.
Commissioner Plummer: You make the motion and I'll vote against it.
Commissioner Alonso: Let me... Let me...
Commissioner Dawkins: All right. I'll make the motion shortly.
223 December 10, 1992
3
Vice Mayor De Yurre: OK. What else do we need to hear?
Commissioner Alonso: Yeah. I have some questions. Actually in this case,
the landlord is not refusing to grant the sidewalk cafe but he is saying you
have some limitations. I don't want you to block certain area. Or is he
saying, no, I don't want this sidewalk cafe. What's happening here?
Mr. Kay: His leasehold is the 25 foot distance that you see marked there on
the overhead. By the ordinance, he can come in and get permission for a
sidewalk cafe for the area directly in front of that 25 feet in sidewalk.
Commissioner Plummer: Well, excuse me. Madam...
Commissioner Alonso: Yes.
Commissioner Plummer: Madam Commissioner.
Commissioner Alonso: Yes.
Commissioner Plummer: Let's be understanding. That we are not here today
talking about a specific application.
Commissioner Alonso: Yes, we are.
Commissioner Plummer: No, we are not. Because we are talking about changing
the ordinance which would apply to any and all locations where these exists.
Vice Mayor De Yurre: But the item today is the restaurant.
Commissioner Alonso: This is a sidewalk cafe permit.
Commissioner Dawkins: The item is Sci Sci Cafe.
Commissioner Plummer: It's to review... It's to re... As I recall, to take
away the owners needed permission to grant.
Mr. Kay: No, No. That is not it at all.
Commissioner Plummer: That's not it?
Commissioner Alonso: No, no.
Commissioner Plummer: Then I stand corrected. Tell me what it is. It's only
on this application?
Commissioner Alonso: It's a specific sidewalk cafe.
Mr. Lee: Let me read the resolution to make it clear. It says, "A
resolution, with attachments, upholding the Public Works' Director's decision
to deny a sidewalk cafe permit for the sidewalk area immediately adjacent to
Elena's Italian Restaurant, Inc."
224 December 10, 1992
Commissioner Plummer: OK. Then let me tell you where I got confused and I do
stand corrected. Information and papers that were sent to me by one of the
parties, showed what was necessary in the ordinance to be changed to make this
in compliance and that is where I made my mistake.
Commissioner Alonso: Yes, for the future.
Commissioner Plummer: OK. I stand corrected. Hey, when I'm wrong, I'm
wrong.
Commissioner Dawkins: I still want to know...
Vice Mayor De Yurre: let me ask a question, though. You're asking about
denying a permit, when are these permit issued annually?
Mr. Kay: These permits are due May 31st, the end of May.
Vice Mayor De Yurre: May?
Mr. Kay: May 31st. That...
Vice Mayor De Yurre: OK, did they apply for a permit in May?
Mr. Kay: They come and renew their permits in May.
Vice Mayor De Yurre: They did?
Mr. Kay: They attempted to renew their permit based upon the entire area
there between... including the 25 feet area and the area next to Cafe Sci Sci
which was a total about 50 feet.
Vice Mayor De Yurre: And what happened when they made their application for
the permit?
Mr. Kay: Oh...
Vice Mayor De Yurre: for renewal?
Mr. Kay: We returned the... We told them that the application was not valid
because the adjacent owner had said he was not going to grant his consent and
we returned his application fee.
Vice Mayor De Yurre: OK. What did you find out...
Commissioner Alonso: So, they don't have a permit right now?
Vice Mayor De Yurre: Excuse me. What did you find out from the owner... from
the adjacent owner... the owner?
Mr. Kay: April 20th we received a letter from the adjacent owner stating that
he do not wish to give his consent. We thought that we would allow some time
for the two parties to get together to resolve the issue. It didn't seem to
be resolved, so on June 22nd we sent a letter to the representative of Cafe
Sci Sci telling him that we could not renew that portion of his permit and
that we had returned his check as well.
225 December 10, 1992
Mr. Kay: That's correct.
Vice Mayor De Yurre: Period. Anywhere on that frontage.
Mr. Kay: That is right.
Commissioner Plummer: Well, can I ask this question? Presently, is the
posture that that area in front of the cafe, the owner is willing to agree to
allow that to be used...
Mr. Kay: Yes.
Commissioner Plummer: ...or is he just saying...
Mr. Kay: That's part of the lease.
Commissioner Plummer: That's part of Cafe Sci Sci's lease?
Mr. Lee: It appears that the new...
Commissioner Plummer: How can they include in their lease property which they
don't own or control?
Mr. Lee: My understanding, Commissioner, is that the new owners, Grand
Limited Partnership, when they purchased that building they had to buy... When
they bought that property, the lease in existence, they had to buy out.
Apparently, they haven't.
Commissioner Plummer: Excuse me. How can they or the previous owners give a
lease on a property, the sidewalk, that they don't own or control? How can
they give a lease on that?
Mr. Jones: What they would have done, Commissioner, they would... the proper
thing to have done would have been to tied the lease to the permit of the
previous owner. And that's what the Mayor started off saying that this was
basically a dispute between the landlord and tenant. No one is prohibiting
them from getting a permit to use the frontage in front of... directly in
front. It is the adjacent property and, of course, you have got to allow for
quiet enjoyment of that businessperson's business as well as to allow for
proper ingress and egress.
Vice Mayor De Yurre: OK. I would like to hear from Commissioner Dawkins.
Commissioner Dawkins: You know, I still ask and I have not heard, who owns
the sidewalk from the base of the building to the curb? Who owns that?
Mr. Kay: Sir, the best answer I can give you is that is the public. We hold
it in trust...
Commissioner Dawkins: So in how in world...
226
December 10, 1992
Aft
Mr. Jones: We own it.
Mr. Kay: We own it in trust.
Commissioner Dawkins: All right. So how can somebody else deny a permit that
on property we own? I move that this be deferred until everybody can go
around to each Commissioner and explain to us we are doing. Because I don't
know what we are doing.
Commissioner Plummer: Second.
Vice Mayor De Yurre: We have a motion and second to defer this item for
further discussion...
Commissioner Plummer: Excuse me. Just for the record, you don't have to come
see me. I'm confused enough. You can go see Miller and confuse him and it is
only because my blue brother has asked for further consideration that I am
seconding the motion.
Vice Mayor De Yurre: OK. Call the roll...
Commissioner Alonso: The confusion that we have is the product of the
ordinance of the City of Miami that calls for the owner of the property to
give the consent.
Commissioner Dawkins: And that's us.
Commissioner Alonso: Exactly.
Commissioner Plummer: I...
Commissioner Alonso: The landlord has to give the consent prior to granting
the permit and that's why if the landlord says no, I'm not willing to give
this permission, the person is not allowed to have a sidewalk cafe in front of
his or her property. That's the bottom line of what it is. And it is the
result of our ordinance. Isn't that so, gentlemen?
Vice Mayor De Yurre: Guys, why don't we go around and...
Mr. Kay: Yes and no. The leasee in this case, Cafe Sci Sci, is not required
to get the owner's consent for the sidewalk in front of his establishment.
That can be done with just the ...
Commissioner Alonso: So, if we wanted...
Commissioner Dawkins: He does have to have the consent. He has to get our
consent. We own it. I mean... that's what I'm saying.
Vice Mayor De Yurre: Guys, hey, wait, if we have a deferral, let's defer it
then...
Commissioner Alonso: So if we want to do the right thing is to approve what
we have and tell him that the person has a sidewalk cafe right now that's
illegal.
227 December 10, 1992
it
y3,
Commissioner Plummer: Can we get the guy from across the street? What's his
name? Ricky, would you go down in the Grove and sell your hot dogs in front
of Coco... Cafe Sci Sci and we'll just eliminate all this problem.
Commissioner Alonso: Well, as a matter of fact they were trying to and they
were given a hard time. And they weren't even hot dogs. It was very nice, I
think...
Commissioner Plummer: Ricky's hot dogs are a hell of lot cheaper than Cafe
Sci Sci.
Vice Mayor De Yurre: OK. Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-804
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 28
(PROPOSED RESOLUTION TO UPHOLD THE PUBLIC WORKS
DIRECTOR'S DECISION TO DENY A SIDEWALK CAFE PERMIT FOR
THE AREA IMMEDIATELY ADJACENT TO ELENA'S ITALIAN
RESTAURANT, INC. (d/b/a/ CAFE SCI SCI), TO ALLOW THE
ADMINISTRATION TO FURTHER BRIEF EACH MEMBER OF THE
CITY COMMISSION ON SAID MATTER.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Mayor Xavier L. Suarez.
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: Yes, on the basis that for the next Commission I might
be even confused, I vote yes.
228 December 10, 1992
WN
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-"---i----ii.--- -----GY.Lii iii aSfi. Y"iil
44. RESCIND R-92-668, WHICH ACCEPTED BID OF AARYA CONSTRUCTION AND DESIGN,
INC., FOR ROBERT KING HIGH PARK BRIDGE REPAIRS -- ACCEPT SECOND LOWEST
BID SUBMITTED BY SHORELINE FOUNDATION, INC.
------------------------------------------------------------------------------
Vice Mayor De Yurre: Next item number 29.
Commissioner Plummer: I move it.
Commissioner Dawkins: Second.
Vice Mayor De Yurre: Any discussion?
Commissioner Plummer: Arboleya can't have his Boy Scout troops without it.
Vice Mayor De Yurre: Call the roll.
Mr. Wally Lee (Assistant Manager): That is correct.
Ms. Matty Hirai (City Clerk): Who seconded it?
Vice Mayor De Yurre: Miller.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-805
A RESOLUTION RESCINDING RESOLUTION NO. 92-568, WHICH
RESOLUTION ACCEPTED THE BID OF AARYA CONSTRUCTION &
DESIGN, INC. FOR ROBERT KING HIGH PARK BRIDGE REPAIRS
AND ACCEPTING THE SECOND LOWEST BID, SUBMITTED BY
SHORELINE FOUNDATION, INC. IN THE AMOUNT OF
$30,638.00, FOR ROBERT KING HIGH PARK BRIDGE REPAIRS,
PROJECT NO. B-2950, WITH MONIES THEREFOR ALLOCATED
FROM THE FISCAL YEAR 1991-92 CAPITAL IMPROVEMENT
ORDINANCE NO. 10938, PROJECT NO. 331315, IN THE AMOUNT
OF $30,638.00 TO COVER THE CONTRACT COST AND
$3,982.94; FURTHER, AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH SAID SECOND LOWEST BIDDER 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:
229 December 10, 1992
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Mayor Xavier L. Suarez.
45. BRIEFLY DISCUSS AND TEMPORARILY TABLE PROPOSED APPOINTMENTS TO THE
COCONUT GROVE STANDING FESTIVAL COMMITTEE. (See labels 47 and 49)
--------------------------------------------------------------------------------
Vice Mayor De Yurre: Item number 30, appointing certain individuals to serve
on...
Commissioner Plummer: Who has people on this?
Commissioner Alonso: Plummer and Dawkins will have to...
Commissioner Plummer: Who does?
Commissioner Alonso: You and Commissioner Dawkins.
Commissioner Plummer: I have to move over until the next meeting.
Vice Mayor De Yurre: Miller, do you have anyone?
Commissioner Dawkins: Bring me the name of the person who I'm going to
appoint to the Committee.
Commissioner Plummer: All right. Go to 31.
[AT THIS POINT, THIS ITEM WAS TABLED.]
230
December 10, 1992
t, �a
-a---77
---------------- •.------------------------------------------------
46. APPOINT JANET GAVARRETE TO THE MIAMI RIVER COORDINATING COMMITTEE.
----------------- W
Mayor De Yurre: 31. Appointing an individual to the Miami Rive
Coordinating Committee.
Commissioner Plummer: I have an appointment there. My appointment is Janet
Gavarette.
Commissioner Dawkins: OK. I have it here.
Vice Mayor De Yurre: OK. We'll go back to that one. 31. Anybody else have
an appointment? That's it? We have a motion and second to appoint Janet...
Commissioner Plummer: Gavarette.
Vice Mayor De Yurre: OK. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-806
A RESOLUTION APPOINTING AN INDIVIDUAL TO THE MIAMI
RIVER COORDINATING COMMITTEE TO SERVE A SPECIFIED TERM
OF 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 Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Mayor Xavier L. Suarez.
f
i7r
a; 231 December 10, 1992
s,
----rrr------------------------------------------------------------- --------
47. (Continued Discussion) BRIEFLY DISCUSS AND MOMENTARILY DEFER PROPOSED
APPOINTMENTS TO THE COCONUT GROVE STANDING FESTIVAL COMMITTEE. (See
labels 45 and 49)
Vice Mayor De Yurre: Back to item 30.
Commissioner Dawkins: Thirty. I'm appointing Catherine Allen Beckford to the
Coconut Grove Standing Festival Committee.
Commissioner Alonso: Is that the person he has now?
Vice Mayor De Yurre: Second?
Mr. Odio: Commissioner, Mrs. Beckford has never attended a meeting. That's
why...
Commissioner Dawkins: No, no, no. Oh, well, I got somebody else. I don't
know who it is. I'll give it to you the next meeting.
Vice Mayor De Yurre: OK.
Commissioner Dawkins: That's why I'm replacing her because she never attends.
Vice Mayor De Yurre: OK. We will defer this item.
[AT THIS POINT, THIS ITEM WAS DEFERRED.]
------------------------------------------------------------------------------
48. SET POLICY CONCERNING PROCEDURES FOR ADDRESSING EMERGENCY ITEMS AT
COMMISSION MEETINGS.
------------------------------------------------------------------------------
Vice Mayor De Yurre: Item number 32. Concerning procedures for addressing
emergency items.
Commissioner Plummer: I think that we pretty well...
Mr. Odio: Those are your pocket items.
Commissioner Plummer: ... even though Miller refuses to comply I think that
each Commissioner can have equivalent of two emergency matters per meeting.
Emergency matters will be heard at 8:00 in the evening prior to the end of the
r agenda.
Mr. Odio: Can I have two also?
Commissioner Plummer: No, you can't have any. If you are not smart enough to
sneak them in...
232 December 10, 1992
0
•
Commissioner Dawkins: You know, I think, J.L., we ought to give the Manager*
two so he would quit harassing us to bring up his items.
Commissioner Plummer: I sure go along with that.
Commissioner Dawkins: So I think he should have two, too. I mean, that's
just my opinion.
Commissioner Plummer: Let's just establish so that the Clerk will know. I'll
make a motion at this time that each Commissioner has the right on a
Commission meeting date to bring up two pocket items, emergency items, call
them what you may, after 8:00 in the evening not to inconvenient people who
have scheduled items on an agenda prior to the close of the day, and I so
move.
Commissioner Alonso: I second it.
Commissioner Dawkins: I amend it to give the Manager two.
Commissioner Plummer: And the Manager have two also.
Commissioner Dawkins: I second.
Vice Mayor De Yurre: OK. And that includes the later of 8 o'clock or the end
of the meetings. Some end earlier.
Commissioner Plummer: Of course. If the meeting ends earlier, surely.
Vice Mayor De Yurre: OK. The motion seconded...
Commissioner Plummer: In other word, it's designed to cut down and it is
designed not to inconvenience people here who are already scheduled for an
agenda.
Vice Mayor De Yurre: OK. Call the roll.
Commissioner Plummer: Now I have three items.
233 December 10, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-807
A RESOLUTION LIMITING THE NUMBER OF NON-SCHEDULED
ITEMS TO TWO (2) THAT EACH COMMISSIONER AND THE CITY
MANAGER MAY INTRODUCE FOR CONSIDERATION BY THE CITY
COMMISSION AT ANY CITY COMMISSION MEETING AND
DESIGNATING 8:00 P.M. OR AT THE CONCLUSION OF THE
REGULAR SCHEDULED AGENDA, WHICHEVER OCCURS FIRST, AS
THE TIME THAT SAID NON-SCHEDULED ITEMS SHALL BE
INTRODUCED.
(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 Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Mayor Xavier L. Suarez.
--------------------------------------------------------- ------------------
49. (Continued Discussion) APPOINT CARMEN DAVIS TO COCONUT GROVE STANDING
FESTIVAL COMMITTEE.
Commissioner Dawkins: On item number 30, Mayor, the name is Carmen Davis for
the Standing Festival Committee.
Commissioner Plummer: Second.
Vice Mayor De Yurre: OK.
Commissioner Dawkins: 5138 Biscayne Boulevard, Miami, Florida.
Vice Mayor De Yurre: Motion and seconded. Call the roll, please. What's the
name again, Miller?
Commissioner Dawkins: Carmen Davis.
Ms. Hirai: Thank you.
234 December 10, 1992
46
Y w _R
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-808
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
ON THE COCONUT GROVE STANDING FESTIVAL COMMITTEE.
(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 Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Mayor Xavier L. Suarez.
------------------------------------------------------------------------------
50. INSTRUCT ADMINISTRATION TO CONTINUE TO ISSUE NOTICES OF VIOLATION TO
PROPERTY OWNERS HAVING PILES OF VEHICLE TIRES VISIBLE ON THEIR PREMISES,
BUT ONLY IF THERE IS PROOF THAT INDIVIDUAL BEING FINED WAS ACTUALLY
RESPONSIBLE FOR THE ILLEGAL DUMPING.
Vice Mayor De Yurre: Item 33. Illegal dumping of old tires in front of
J.L.'s home.
Commissioner Alonso: Commissioner Plummer's item.
Commissioner Plummer: Mr. Manager, Mr. Odio, you used to be the Manager.
Have you changed that status?
Mr. Cesar Odio (City Manager): Don't ask me. I might.
Commissioner Alonso: Now it is Mr. Sabines.
Commissioner Plummer: With a golden parachute.
Mr. Odio: We have worked up an inter -local...
Commissioner Plummer: We've got a problem here...
Mr. Odio: Yes, I know.
Commissioner Plummer: ...that I think I brought to your attention on any
number of occasions.
235 December 10, 1992
NO
•
Mr. bdio3 And Commissioner Alonso too. We worked out an inter -local
agreement.
Commissioner Alonso: Oh, yesl
Commissioner Plummer: No, no...
Commissioner Alonso: That is why I expect Commissioner Plummer to have some
luck. I have been trying for such a long time. Nobody pays attention.
Commissioner Plummer: No, madam, madam, this is not... You address issue
overall. I'm addressing the issue from the standpoint of two individuals who
have called me who are not in the tire business, who come to work on a given
morning at 8:00 o'clock and somebody has dumped a whole truck load of used
tires on their property. Our people go around and cite them with a
violation... a notice of violation of old tires and they knew nothing about
the tires. Now, what you've addressed is the problem overall of used tires.
Mr. Odio: No, but...
Commissioner Alonso: Yes, but all through the City of Miami it is
happening... they go in front of anybody's property and they dump tires.
Mr. Odio: That is correct.
Commissioner Plummer: That's exactly the point.
Commissioner Alonso: It happens over and over again.
Commissioner Plummer: Now, Mr. Manager, I don't know... I can't think that we
can sit here in good faith and write a notice of violation for someone who did
not commit a violation of our ordinance. The didn't do it.
Mr. Odio: How do we know? If we go by a property...
Commissioner Plummer: I think that...
Mr. Odio: ...that is full of tires, how do we know...
Commissioner Plummer: I think they're innocent until proven guilty.
Mr. Odio: No, sir.
Commissioner Plummer: And you don't...
Vice Mayor Be Yurre: J.L., J.L., that would create such a mess, then we might
as well forget about code enforcement.
Commissioner Plummer: Well, Victor, are you going to say to a man who owns a
piece of property, sir....
Mr. Odio: Put a fence on your property.
236 December 10, 1992
�J
Commissioner Plummier: They have a fence around it and they throw the damn
things over his fence. Now, Mr. Manager, it's wrong that a man owns a piece
of property and he maintains it by the way. It's on 79th Street and they do
it from a back alley...
Mr. Odio: Whose property it is, Commissioner?
Commissioner Plummer: OK. And it's wrong that that man does not violate our
ordinance and we are writing him a notice of violation and we expect him to be
a policeman to sit there and determine who is throwing the tires over his
yard. That is wrong. OK.
Mr. Odio: It is also...
Commissioner Plummer: Now, we have to do something to stop a wrong. It is
wrong, number one...
Mr. Odio: Well, I have an idea.
Vice Mayor De Yurre: J.L.... everybody, you know, we open ourselves so
everybody is saying, "I didn't put it there."
Commissioner Plummer: But Victor, you can't criticize or cite a man when he
hasn't done anything wrong.
Vice Mayor De Yurre: J.L., nobody is going to do anything wrong if we apply
that concept.
Commissioner Plummer: So in other words, he's not wrong; he has not committed
a violation, but he's going to pay just as if he did?
Commissioner Alonso: No, that's not right.
Commissioner Plummer: I'm sorry, I'm sorry, I cannot agree with that. To me
in this country you are still innocent until proven guilty. And if that man
has not been proven guilty with some kind of form of substance, I think it is
wrong.
Commissioner Alonso: Indeed.
Vice Mayor De Yurre: There is a presumption of guilt when they find the tires
on his property.
Commissioner Plummer: No, none of this presumption of guilt.
Vice Mayor De Yurre: That's the way it is.
Commissioner Plummer: OK. Every politician in this town, if it was
presumption of guilt, would be in jail.
Mr. Odio: Well, to start with, Commissioner, let's take a...
Commissioner Alonso: What are you saying, sir?
237 December 10, 1992
ter'
0
Mr. Odio: Can I ask you something? What do you expect us to do then?
that property, remove the tires...
Commissioner Plummer: Sir, I expect you,
man a violation notice, that you have
violation. And 1f not, don't write him.
if you are going to go and write a
some proof that he committed a
Mr. Odio: You can't have ticketing by exceptions like that.
Commissioner Plummer:
not guilty.
Commissioner Alonso:
what's happening all
serious problem.
You can't criticize or chastise or fine a man who is
Yeah, are we going to fine a City Manager because of
through the City of Miami? J.L. is right. This is a
Commissioner Plummer: It's crazy. You can't do that.
Commissioner Alonso:
years!
You and I been talking about this for... what? - two
Mr. Odio: Well, it sounds good, but tell me how to enforce the law then.
Commissioner Plummer: Well, OK, hey, Let me tell you something...
Mr. Odio: If you don't want tires all over the City...
Commissioner Alonso: Well, anyway, isn't Metro...
Commissioner Plummer: Excuse me.
Commissioner Alonso: ...supposed to collect all this and they are taking the
money that the State gave and stilt don't resolve the...
Commissioner Plummer: Whoa, whoa! The way we operate around here is three
votes. OK. If we don't get three votes, as my blue brother says, I'm on the
short end again. So be it. I make a motion at this time that the City of
Miami does not issue notices of violation in reference to old tires unless the
City has some proof of violation committed by the individual in which they are
going to serve. I so move.
Vice Mayor De Yurre: Motion. Have a second?
Mr. Odio: You are going to open up the whole City for a dumping place.
Commissioner Dawkins: Wait, wait, we got to wait for a second so we can...
Vice Mayor De Yurre: A second, going once...
Commissioner Alonso: I will second his motion.
Vice Mayor De Yurre: OK.
238 December 10, 1992
I$
Commissioner Alonso: Because I agree with him that in this case these people
are going crazy with what's happening to them and it is not fair+ Something
wi11 have to be done to protect them. They are taxpayers and they need our
protection as well.
Commissioner Plummer: Something has to be done.
Vice Mayor De Yurre: Let's take it one step further, if you are going to
apply that philosophy. Dumping garbage or trash in front of a house on the
days that it's not supposed to be there and they come out and say I didn't put
It there, somebody drove along and put it there. That's the same scenario and
people use that excuse always and still they get ticketed. Up to what point
are we going to enforce the laws or are we going to allow the City to run
rampant...?
Commissioner Plummer: Victor...
Commissioner Alonso: Let me tell you something, people are going to buy a gun
and protect their property.
Commissioner Plummer: Victor, I'm sorry and I understand exactly what you are
saying, and 1 say it is a problem. But I still say you cannot violate a man
who has not committed a violation.
Commissioner Alonso: Yes.
Mr. Juan Gonzalez: Commissioner, Juan Gonzalez, Planning, Building and
Zoning. Commissioner, I guess you must be referring to George Barkett on 79th
Street?
Commissioner Plummer: He's one.
Mr. Gonzalez: Let me tell you a little story...
Commissioner Dawkins: Hold it. Let me say something.
Commissioner Plummer: Wait a minute.
to bring out a name on the record?
Mr. Gonzalez: Well...
Why is that any bearing that you have
Commissioner Plummer: No, no, no. Why do you have to bring a name out on the
record? I didn't do it.
Mr. Gonzalez: No, sir, the reason is because I'm familiar with that
particular case...
Commissioner Dawkins: Well, hold it before you go any further. OK. It's no
sense in discussing this. It's impossible for me, as J.L. said, in front of
my home or my business to have 80 tires dumped by somebody and you said they
belong to me. It's just impossible. So somewhere along the lines, I don't
care who it is, as we are saying up here, don't go to this house or this empty
lot that where 120 tires have been dumped by somebody on it and go to the tax
record and fine me, Miller Dawkins, for removal of the tires when I didn't put
them there. That's all we are saying.
239 December 10, 1992
Commissioner Alonso: Yeah.
Mr. Gonzalez: I understand, Commissioner. Let me explain about enforcement,
though.
Vice Mayor De Yurre: Before you get on to that, can we look at another angle
of saying having some courtesy notice? - because obviously eventually they'll
have to clean it out because it their property.
Commissioner Plummer: Victor, that's fine. OK. And if you can prove or get
some substantial proof that the man committed it, burn him. OK.
Vice Mayor De Yurre: No, I'm talking about... J.L., it isn't a matter of
proof, forget how it got there. All of a sudden you have 120 tires on a piece
of property. He has a responsibility... now he's violating the code. He's
violating the City of Miami laws. What happens is...
Commissioner Alonso: He's not.
Commissioner Plummer: What... wait a minute. What law did he violate?
Commissioner Alonso: Whoever is doing it is violating...
Vice Mayor De Yurre: The fact that he has it right there. It's against the
law to have them on the property.
Commissioner Plummer: He didn't put them there.
Vice Mayor De Yurre: But they're there. That's a violation. Having them
there is the violation that we are talking about. Now, do you go to him and
say, "Listen, you're violating Chapter 'wah wah wah', whatever it is, we going
to give you "X" number of days to take this off your property." That is
sensible. Let's don't ticket him saying that he put it there. He is getting
ticketed because it is there on his property.
Commissioner Plummer: What you are saying is that with no provision anywhere
in this County that you can dispose of old tires. He did not commit an
offense that you're going to make him pay to dispose of tires that he had
nothing to do with. I don't agree with that.
Vice Mayor De Yurre: Who's going... J.L. who's going to pay for that? It's
his property. Does he leave them there forever?
Commissioner Plummer: I don't know, Victor. I don't know, Victor. But
listen, I can't sit here... Since you brought up the name, what is Mr.
Barket's business there?
Mr. Gonzalez: It's actually property that he owns there.
Commissioner Plummer: What is the business that is there?
Mr. Gonzalez: I believe it is a store. It is a group of stores and they are
dumping behind the alley.
240 December 10, 1992
Mr. Gonzalez: Righto correct.
Commissioner Plummer: OK. You know, for what... He walks into his store and
there's 80 tires in the back of his store and he doesn't sell tires. Now, you
write him a notice of violation. It's wrong that he has to clean those 80
tires out. And I don't know, 1s there today... To my knowledge there 1s
nowhere in this County that you can dispose of old tires. Is there? Huh?
Mr. Gonzalez: Yes.
Commissioner Plummer: There is?
Mr. Gonzalez: There is, yes.
Commissioner Plummer: OK.
Vice Mayor De Yurre: OK, let's have Miller have his say.
Commissioner Dawkins: OK. I said it for the last five years. Florida
Statute 403709 Solid Waste Management Trust Funds - Allocation of waste, tire
fee money. A grant awarded October 1, 1992 through September 30, 1993. A
grant of $1,204,265 was awarded to Dade County for the disposal of waste
tires. I have been telling you ever since I've been here the State of Florida
says the City of Miami is entitled to a portion of that money for the disposal
of used tires. We sit here and we fail to go to Tallahassee or any place else
and say to them, the County refuses to share this money with us so cut it off.
Commissioner Alonso: Indeed.
Mr. Ron Williams (Assist. City Manager): That's not true, Commissioner
Dawkins. We have advised the Commission, at least on a couple of occasions,
Dade County has received that money. It took us a while to work out the
inter -local agreement with them. The specifics of that agreement have been
worked out.
Commissioner Dawkins: Hold it, J.L. J.L., you need to hear this. J.L., you
need to hear this. Go ahead now.
Commissioner Alonso: Hold it. This is very important because I have been
talking about this for three years.
Commissioner Plummer: All right. I was just verifying for your information
and mine that the dealers today charge a fee.
Commissioner Alonso: Yes, they do.
Commissioner Plummer: If you go in there, they charge you $2.00 fee for
disposal of a tire...
Commissioner Dawkins: That's the money you get from the State. That the
money you get from the State.
241 December 10, 1992
Commissioner Plummer: ...and $7.00 for disposal of a battery.
Commissioner Dawkins: OK, go ahead Mr. Williams, now, I want J.L. Plummer to
hear this.
Commissioner Alonso:
Mr. Williams: The City of Miami has entered into an inter -local agreement
with Dade County to share in the cost... first of all to share the revenues to
offset the cost of tire disposal.
Commissioner Dawkins: OK. Now, if that's a fact...
Mr. Williams: That is a fact, Commissioner.
Commissioner Dawkins: Why are you charging people, as J.L. said, for your
removing tires which you have already shared in an inter -local agreement
with... why are you double charge... double dipping?
Mr. Williams: Because, as I understand the discussion, we are talking about
violation of City sanitation codes.
Commissioner Dawkins: No, no, we're talking about moving tires.
Mr. Williams: If they are on private property, that's not the City
responsibility.
Commissioner Alonso: Mr. Williams, when did the City of Miami sign the inter -
local agreement?
Mr. Williams: It has been within the last month, Commissioner Alonso.
Commissioner Alonso: Last month?
Mr. Williams: Yes.
Commissioner Alonso: OK. When are we going to see a clean City? Because our
City looks horrible with tires all over the place. Every neighborhood in
Miami has tires. When are we going to start collecting the tires?
Mr. Williams: We are not supposed to collect them on private property again.
Commissioner Alonso: No, no, I'm talking about right-of-way, I'm talking
about the streets of Miami.
Mr. Williams: We are actively involved in that along with our debris...
hurricane debris cleanup effort.
Commissioner Alonso: What is the percentage that we are going to receive from
the grant that the State of Florida has given to Dade County?
Mr. Williams: It depends upon the actual amount of tires disposed. The
actual cost at this point of all disposal of tires will be offset by that
revenue.
242 December 10, 1992
�k'l5
Commissioner Alonso: But...
Mr. Williams: The disposal tipping rate right now is $75.00 per ton and all
of that particular cost per ton will be offset by these revenues.
Commissioner Alonso: So we'll just take it to the County and they will take
care of that?
Mr. Williams: Absolutely.
Commissioner Alonso: Do we have a limit, a certain amount or a percentage we
can take, or it is as much as we have?
Mr. Williams: The original amount was projected to come to the City is
approximately $110,000.
Commissioner Alonso: Ah, come on, now!
Vice Mayor De Yurre: Where's it at?
Mr. Williams: What is wrong?
Commissioner Plummer: Mr. Williams...
Commissioner: That is very little.
Mr. Williams: That is based on the formula and is proportionate to a
Countywide proration and that is the City share. Let me finish...
Commissioner Alonso: What about what they had pocketed before? They
collected two or three years. And we didn't get a penny.
Mr. Williams: Well, I don't know about that number of years... that was
for...
Commissioner Alonso: You should know because you do know that the State of
Florida gave a grant on the same basis and Mikki Canton stood in front of us
and said year after year that this has happened.
Mr. Williams: I don't know Mikki Canton or what she said but let me tell you
what the facts are.
Commissioner Alonso: Well, let me tell you... you don't know what Mikki
Canton said, but you should know what this Commission said. I personally said
this over about maybe at least ten times. The City Manager knows, memos I
have sent, discussions that we have had. So you should have looked into what
has happened with this funding that Dade County was taking and belong to the
citizens of Miami.
Mr. Williams: I've talked to you ten times about it, Commissioner.
Commissioner Alonso: Exactly. So why didn't you found out what happened with
the money?
243 December 10, 1992
■.
Mr. Williams: I'm familiar with what you've said... what you've asked about.
I'm trying to explain to you what has happened.
Commissioner Plummer: Can we establish...
Commissioner Alonso: Excuse me, Commissioner, let me finish.
Commissioner Plummer: Sure, sure.
Mr. Williams: What has happened is, if you let me finish, what has happened
is we have aggressively negotiated a contract with Metropolitan Dade County.
We have finally gotten the inter -local agreement signed. Dade County, you are
absolutely correct, did not... was not that interested in sharing those
dollars. We have gotten the agreement signed. We have billed them for the
previous fiscal year which is the past fiscal year, and now we are into a new
fiscal year. We will certainly bill them again for all of the costs
associated with the disposal of those tires.
Commissioner Alonso: They are going to pay us for last year?
Mr. Williams: Yes. We have already billed them for that.
Commissioner Alonso: So we lost probably about one year. We should have
realty been a little bit more aggressive.
Mr. Williams. Well, I'm not certain exactly what the date is, but certainly
we have billed them for the previous year and we will continue forward from
here.
Commissioner Alonso: Have they paid?
Mr. Williams: I don't know if the check has come in or not yet. I will...
Commissioner Alonso: Mr. Manager, would you find out if we have received...
Mr. Williams: We can find out.
Commissioner Alonso: ...payment of the previous year, and if not, we should
actively collect from Dade County what has been denied to the citizens of
Miami.
Mr. Williams: We have an agreement, Commissioner, they should pay it.
Vice Mayor De Yurre: OK. We have a motion. J.L., you want to restate your
motion in a second?
Commissioner Plummer: Ah, what is the motion?
Vice Mayor De Yurre: Your motion.
Commissioner Plummer: Oh, OK. There was a second. She seconded the motion.
Vice Mayor De Yurre: I know. I want you to restate it for the record.
244 December 10, 1992
L�
Commissioner Plummer: The motion is that the City cannot charge a violation
against a property owner without some proof that the property owner committed
the violation of allowing the tires to be on his personal property.
Mr. Gonzalez: Commissioners, before you vote, could you allow me just one
minute for enforcement information. The reason... If you vote in the
affirmative in this motion, what's going to happen is enforcement... the way
we act... when we cite a violation is most of the time, unfortunately due to
illegal dumping in the City of Miami, we can never prove who actually dumped
the tires. All we know is that the tires are on a certain private property.
Most of these properties happen to be vacant lots in the City of Miami.
Unfortunately, we have a lot of outside people coming in dumping 100 to 200
tires in a lot. If that motion were to pass, 95 percent or more of the time
our inspectors do not and cannot ever prove who dumped those tires. The only
recourse we have is to go after the property owner for him to remove it. We
always use the policy, we cite the person, not a ticket. We don't take them
to code enforcement. We always give him a violation notice. We give him time
to remove those tires. It's not like...
Commissioner Plummer: Why in God's name should he be responsible for cleaning
up a mess that he did not create?
Mr. Gonzalez: Because, Commissioner, the City has no other means of cleaning
those tires on private property.
Commissioner Plummer: My next question was going to be... Mr. Williams can
you not establish a given place where people can bring old tires and dispose
of which they don't have today? Is there some place on your property on 20th
Street where you can put a huge...
Mr. Odio: You want to take care of Broward?
Commissioner Plummer: May I finish? Where you can put a huge bin and people
can bring old tires there and dispose of them so they are not creating these
problems?
Mr. Odio: You going to have people from Broward and West Palm Beach bringing
tires down here.
Commissione; Plummer: Sir, is that better or have those people from Broward
and West Palm Beach throwing them on property in the City of Miami? For the
life of me, I don't know how we can sit here and expect to charge a person
with a violation that he did not commit. I don't understand how we can do
that.
Vice Mayor De Yurre: Remember, he is not being charged for putting the tires
there. They're charged for having them there and there's a difference. But,
you know, that... We're not going any further, just call the roll. We have a
motion and a second.
Commissioner Plummer: OK.
245
December 10, 1992
MOTION NO. 92-809
A MOTION INSTRUCTING THE ADMINISTRATION TO CONTINUE TO
ISSUE NOTICES OF VIOLATION TO PROPERTY OWNERS HAVING
PILES OF VEHICLE TIRES VISIBLE ON THE PREMISES, BUT
ONLY IF THE CITY HAS SOME PROOF THAT THE INDIVIDUAL
BEING FINED WAS RESPONSIBLE FOR THE ILLEGAL DUMPING.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
NOES: Vice Mayor Victor De Yurre.
ABSENT: Mayor Xavier L. Suarez.
------------------------------------------------------------------------------
51. GRANT REQUEST BY THE WOMEN'S GUILD FOR USE OF DESIGNATED STREETS
CONCERNING MIAMI PROJECT TO CURE PARALYSIS WALK-A-THON.
Vice Mayor De Yurre: Item...
Commissioner Plummer: Mr. Vice Mayor, may I go out of order please, sir.
Marc Buoniconti is here and some other people are here in reference to the
Women's Guild Walk-a-thon which is...
Vice Mayor De Yurre: Is this an item or is this out of pocket?
Commissioner Plummer: No, it's 38, sir, item 38. I just want to let them go
if it's possible.
Vice Mayor De Yurre: Just want to make sure so that we credit you properly.
Commissioner Plummer: No, sir. I'm asking to be taken out of line. It's
scheduled for February 28th. They're not asking for any funds. They're
asking for our verbal support and the use of the bicycle path and as such I
would like to move at this time that that be granted, sir.
Commissioner Alonso: Second.
Vice Mayor De Yurre: We have a motion and second. Is this one of the ones
that came previously to us and they had to rearrange their route? Correct.
Commissioner Alonso: Yes.
246 December 10, 1992
11
1
`tY
Commissioner Plummert. Yes,
Vice Mayor De Yurre: OK.
Ms. Jill Nolden: Yes, sir, and we go the approval... the full unanimous
approval of the Village Council.
Vice Mayor De Yurre: Wonderful. Any further discussion?
Commissioner Plummer: Well, no, no, you know, that bothers me. Why the
Village Council?
Ms. Nolden: We were told that it was a resident issue regarding... when we
were here previously, that we were encouraged to get the support of the
residents who objected to a fence in Coconut Grove.
Commissioner Plummer: OK. As long as you are encouraged to do it but it's
not mandated. I have no problem.
Vice Mayor De Yurre: We jumped to 38 but we're going to 34 next. OK. Call
the roll, please.
The following resolution was introduced by Commissioner Plummer, who —_
moved its adoption:
RESOLUTION NO. 92-810
A RESOLUTION RELATED TO THE WOMEN'S GUILD 4TH ANNUAL
WALK-A-THON TO BE CONDUCTED BY THE MIAMI PROJECT TO
CURE PARALYSIS, INC. ON FEBRUARY 28, 1993, APPROVING
THE USE OF CERTAIN STREETS AND PATHWAYS IN COCONUT
GROVE, SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION
SERVICES; CONDITIONING THE APPROVAL AND AUTHORIZATION
HEREIN UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS
OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH
SAID EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY
IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
247 December 10, 1992
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez —
NOES: None.
ABSENT: None.
j COMMENTS MADE DURING ROLL CALL:
Ms. Matty Hirai (City Clerk): Is the Mayor voting? Are you...
Mayor Suarez: Yes.
1 Vice Mayor De Yurre: He's here.
Ms. Hirai: Item 38 as presented, sir. Are you voting?
Mayor Suarez: Yes, I voted.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: Thank all of you for being here.
Vice Mayor De Yurre: Back to 34.
Mayor Suarez: Did you reflect that Dr. Andres Vasquez was here on that item?
Support of it?
Commissioner Plummer: What is that?
Mayor Suarez: Dr. Andres Vasquez, that was on 38.
Commissioner Plummer: No, Robert Dobiecki is the one who brought it to me
from...
Commissioner Alonso: 38?
Vice Mayor De Yurre: OK. So be it.
Mayor Suarez: He was a well-known doctor who suffered greatly during one of
the disturbances we had.
Ms. Nolden: It was the riots of 1980.
Mayor Suarez: He had been here and wanted that entered into the record. Very
good. He has become a medical doctor since then.
Ms. Nolden: Psychiatrist.
Mayor Suarez: Psychiatrist. Which item is it?
248 December 10, 1992
,s
52. AUTHORIZE INCREASE IN CONTRACT WITH CENTRAL FLORIDA EQUIPMENT RENTAL OF
DADE COUNTY, INC. FOR THE LAWRENCE WATERWAY HIGHWAY IMPROVEMENT /
LAWRENCE WATERWAY RETROFITTING PROJECT B-4536 / B-5542 (CIP NO. 352194).
Mayor Suarez: Item 34.
Commissioner Plummer: Does he do any pro bono around here for...
Commissioner Alonso: Very much needed.
Mayor Suarez: Item 34.
Commissioner Plummer: 34. Move it.
Mr. Cesar Od10 (City Manager): We have to do that on an emergency.
Mayor Suarez: Item 34 has been moved. Lawrence Waterway Highway Improvement
Project.
Vice Mayor De Yurre: Second.
Commissioner Plummer: I moved it.
Mayor Suarez: Moved and seconded.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-811
A RESOLUTION AUTHORIZING AN INCREASE IN AN AMOUNT NOT
TO EXCEED $70,000, FOR THE CONTRACT BETWEEN THE CITY
OF MIAMI, FLORIDA AND CENTRAL FLORIDA EQUIPMENT RENTAL
OF DADE COUNTY, INC., DATED JUNE 10, 1991, FROM
$1,363,211.90 TO $1,433,211.90, FOR THE LAWRENCE
WATERWAY HIGHWAY IMPROVEMENT/ LAWRENCE WATERWAY
RETROFITTING PROJECT, B-4536/B-5542, CAPITAL
IMPROVEMENTS ORDINANCE NO. 10938 FROM FUNDS ALREADY
APPROPRIATED TO THE PROJECT; FURTHER RATIFYING THE
CITY MANAGER'S WRITTEN FINDING THAT THE HEREIN
INCREASE RESULTED FROM EMERGENCY CIRCUMSTANCES BY AN
AFFIRMATIVE VOTE OF FOUR -FIFTHS OF THE MEMBERS OF THE
CITY COMMISSION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
249 December 10, 1992
IMP
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
----------------------------------------------------------------------------
53. AUTHORIZE APPLICATION TO U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) FOR A $2.5 MILLION LOAN UNDER HUD SECTION 108 PROGRAM
FOR FINANCING THE DEVELOPMENT OF A RESTAURANT / SPORTS BAR COMPLEX IN
SOUTHEAST OVERTOWN / PARK WEST.
------------------------------------------------------------------------------
Mayor Suarez: Item 35.
Commissioner Plummer: I'll move it but I got a question. Who is this loan
going to?
Mayor Suarez: Application on...
Mr. Erdal Donmez: Erdal Donmez from the Department of Development. His name
Is Daniel Arias. He's just coming in here.
Commissioner Plummer: Sir, will you look at me so I can hear you?
Mr. Donmez: I was looking for the gentleman. He was sitting there. I was
just pointing at him. Yes.
Commissioner Plummer: OK, now. You're with the Department of the
Development?
Mr. Donmez: That is correct.
Commissioner Plummer: And this is a $2.5 million loan going to who?
Mr. Donmez: It's going to Daniel Arias. He owns a corporation called Citadel
Corporation which is going to undertake this restaurant/sports bar on
development project.
Commissioner Plummer: And what involvement is it of the City and who is this
gentleman? Do we know who he is?
Mr. Donmez: We know who he is. He lives in Coconut...
Commissioner Plummer: And what is his background? Has he been in this
business?
Mr. Donmez: He owns... I'm sorry go ahead, sir.
250 December 10, 1992
3
Commissioner Plummer: No, I would like to know some background on the
individual himself. What is his cash... Is he in the business? How long?
$2.5 million is a lot of money. I don't know who you are, sir. Who are you,
sir?
Mayor Suarez: State your name and who you represent.
Mr. Daniel Arias: My name is Daniel Arias.
Commissioner Plummer: Oh, OK.
Commissioner Alonso: That makes sense.
Mr. Arias: I'm the owner of the Citadel.
Commissioner Plummer: All right, sir. And the Citadel is... Am I suppose to
know what the Citadel is?
Mr. Arias: It's the old Salvation Army building in downtown Miami.
Commissioner Plummer: On 5th Street.
Mr. Arias: The City has been leasing that building for five years.
Commissioner Plummer: OK.
Mr. Arias: I've been doing... I've been... doing that with the City since
1985. Now, I've decided to develop the property. I think the area needs for
some kind of entertainment concepts and the building to take care of the
crowds of the Miami Arena, now that the detention center going to be next
door, GSA building...
Commissioner Plummer: Have you been in a business, sir, of a bar and
restaurant?
Mr. Arias: No, no, no. It's a... The idea is a food court with 7
restaurants. Now, I have Letter of Intent from , Nathan, from Haagen
Dazs, from Pollo Tropical, Canton ready to move into that. The Sports Bar
going to be on 2nd floor. Going to try to be the 2nd sport's bar... largest
sport's bar in Florida.
Commissioner Plummer: Let... Let me come at from a different way. Mr.
Bailey, what obligation is there on behalf of the City of this loan if it goes
into default?
Mr. Herb Bailey (Assistant City Manager): The Section 108 Loan which we were
applying for for HUD to give this mortgage... The only obligation we have is
future commitment on CD (Community Development) funds. HUD is requiring that
we pass a mortgage of this property on to them and secure it for it. The
property is in the Southeast Overtown Park West area, Northwest 1st Avenue and
the corner of 5th Street.
Commissioner Plummer: Is this property that we own?
251 December 10, 1992
Mr. galley: No, we don't own it. It was property that used for parking for
the Arena. Mr. Arias owns the property.
Commissioner Plummer: What is the mortgage for? When you say pass on the
mortgage.
Mr. Bailey: Well, it's going to develop a $4.5 million facility on the
property.
Commissioner Plummer: But it his property?
Mr. Bailey: Yes.
Commissioner Plummer: So what mortgage would we be giving...
Mr. Bailey: We'll take the entire ... the property, land and building will be
mortgaged... will be put in...
Commissioner Plummer: But we are not holding mortgage, are we?
Mr. Bailey: The mortgage will be taken and given to HUD as collateral. The
cost of...
Commissioner Dawkins: For the $2.5 million.
Mayor Suarez: We will be acting as conduit for the construction monies.
Commissioner Plummer: But who... Who owns the mortgage presently?
Commissioner Dawkins: There is no mortgage.
Mayor Suarez: There should be no mortgage.
Mr. Bailey: There's no building on there yet. There's only the land.
Commissioner Plummer: If you have no mortgage, how do you transfer it?
Commissioner Alonso: We will take it.
Mr. Bailey: We will take one when we make the two and a half million
dollar...
Commissioner Plummer: We, the City, will take the mortgage?
Mr. Bailey: Yes.
Commissioner Plummer: Will we have, again, any obligation in the event of a
default?
Mr. Bailey: No obligation other than what is required under the Section 108
and that is the pledge of future CD grants in case of default.
252 December 10, 1992
Mr. Bailey: Well, it wouldn't put it in jeopardy. Put it up as a pledge. We
do that for all our 108 loans. We have some already...
Commissioner Plummer: OK. The question is then, on the other hand, if in
fact this is needed for the area and we have beaucoup property down there...
We, the City, have more property down there then we know what to do with, why
should we be doing it for him? Why aren't we doing it for ourselves?
Commissioner Dawkins: Because nobody else will come up with the money...
Commissioner Plummer: I'm sorry, I'm asking.
Commissioner Dawkins: ...to do it. And this is the only gentleman who
stepped forward and said, "I am willing to invest my money in the area to help
bring it forward and move it."
Commissioner Plummer: I'm asking the question...
Mayor Suarez: The other reason, J.L., is that we are not particularly good
entrepreneurs, you know.
Commissioner Plummer: Well, he isn't either. He's going out to private
people who are going to be coming in on a sublease.
Mayor Suarez: Right. But, I mean...
Commissioner Plummer: And while he can do that...
Mayor Suarez: ...he's going to find them. He's going to put the right mix
of subleasee...
Commissioner Plummer: Maybe.
Mayor Suarez: ...He's going to get the project going, he going to make all
the right decisions...
Commissioner Plummer: Mr. Mayor...
Mayor Suarez: ...to create cash flow and pay the loan back. I mean, we are
not in that business, particularly. We've done one thing reasonably well as
entrepreneurs and that marinas.
Commissioner Plummer: No. The Arena was also. My question is is why are we
putting this out when we can do it in-house? And the City could be operating
and getting the revenue for the City.
Mr. Bailey: We are not putting it out, Commissioner, we have for about four
or five years been trying to get some commercial development on that
particular site on 5th Street.
253 December 10, 1992
i
'i Commissioner
Dawkins: I am very glad to hear
the Commissioner say that.
Because I
too am wondering why you want to sell the jail instead of we
developing
it. I want to know why you're going to sell Bicentennial Park to
the County
rather than we developing it. I agree
with J.L.. It's about time
but nobody,
I mean, everybody picks a project.
Mr. Bailey:
We really don't have anything to sell
in this case, We don't own
that property.
Commissioner Plummer: Excuse me. I'm not saying to sell. I'm saying he owns
a piece of property which we are going to get a grant for him. If he fails,
it jeopardizes our future funding. Why if that is the case should take any
risk whatsoever? What are we getting back in return?
Mr. Bailey: Commissioner, all of the development we have in Southeast
Overtown Park West goes along those lines.
Commissioner Plummer: Excuse me.
Mr. Bailey: No, let me finish, please.
Commissioner Plummer: Tell me if we go on the line for this $2.5 million, he
goes into default, it jeopardizes our future funding, what does the City get
back in return for going on the limb for this application for his loan?
Mr. Bailey: Well, that the nature of the whole HUD process, Commissioner, for
us... If I can finish.
Commissioner Plummer: Excuse me, very simply. Do we get back $10, do we get
back $100 a year?
Mr. Bailey: You get... You get taxes on the property.
Commissioner Plummer: That's it.
Mr. Bailey: And that's what we need because we...
Commissioner Plummer: That's it.
Mr. Bailey: That's all
we get.
Mr. Odio: We hire people.
Commissioner Plummer:
I understand, Mr. Manager.
But
my question still
remains if it is a good
thing for him, we already own
property there, why...
Mr. Bailey: We do not own that property. The money is
not
el...
Mr. Odio: We do not own
the property.
Commissioner Plummer: I
didn't say that property...
Mr. Bailey: The money
is not eligible for us to do
that,
Commissioner, and
3
the money that we have
in the tax increment district
does
not specify for us
s
to do anything but...
i
254
December 10, 1992
Commissioner Mummer: What you're saying then... Let me just clarify one
thing and I'll be quiet.
Mr. Bailey: OK.
Commissioner Plummer: You're telling me if he goes into default that our
future funding, where we gain nothing but jobs and taxes, that in fact $2.5
million of our future funding for other projects could be in jeopardy. Is
that a correct statement?
Mr. Bailey: We pledge future CD allocations. That is the nature of the HUD
program and...
Commissioner Plummer: Thank you, sir. I don't agree with it, but thank you.
Mayor Suarez: All right. On the item before us, do we have a motion? 35.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded it. Call the roll, please, if there is no further
discussion.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-812
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO PREPARE AND SUBMIT AN APPLICATION TO THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT ("HUD"), IN SUBSTANTIALLY THE ATTACHED
FORM, FOR A $2.5 MILLION LOAN UNDER THE HUD SECTION
108 PROGRAM FOR THE PURPOSE OF FINANCING THE
DEVELOPMENT OF A RESTAURANTS/SPORTS BAR COMPLEX,
LOCATED IN THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT DISTRICT, AT APPROXIMATELY NORTHWEST 5TH
STREET AND NORTHWEST 1ST AVENUE, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
255 December 10, 1992
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING THE ROLL CALL:
Commissioner Plummer: I find the City stands nothing to gain, everything to
lose and I have to vote against it.
54. ANNOUNCEMENT BY THE CITY COMMISSION THAT THE CITY OF MIAMI HAS NOW
OBTAINED A HOCKEY FRANCHISE.
Commissioner Dawkins: Mr. Mayor, may I add one thing to this? I would like
to announce to the Commission and others the City of Miami now has a hockey
franchise.
Commissioner Plummer: When did we get it?
Commissioner Dawkins: A few minutes ago.
Commissioner Plummer: Fantastic!
Commissioner Alonso: Bravo!
Commissioner Dawkins: That was brought about through the effort of Victor De
Yurre when he was Chairperson of the Sport Authority and me, since I been
there. So we are working for the betterment of the City of Miami.
Commissioner Alonso: Great. Wonderful.
Mayor Suarez: Many people consider that to be fourth most important sport and
that's... Commissioner Dawkins will do an exhibition... without the ice.
Commissioner Plummer: I was told... Miller...
Commissioner Dawkins: Yes, sir.
Commissioner Plummer: Is it true that last night they had over 13,000 there
for the hockey game?
Commissioner Dawkins: Just about 13,000 people.
Commissioner Plummer: Unreal.
Commissioner Dawkins: About 12,880.
256 December 10, 1992
Commissioner Plummer: How many?
Commissioner Dawkins: 12 A0.
Commissioner Plummer: You're wrong. I wasn't there.
Mayor Suarez: Item 37.
Commissioner Alonso: Withdrawn.
Mayor Suarez: Withdrawn?
Commissioner Alonso: Why was it withdrawn?
Mr. Odio: At the request of Commissioner Plummer.
Commissioner Plummer: Yes. Excuse me. Just for your edification, I put this
on the Agenda. I had the pleasure of having one meeting this week with the
staff at the Convention Bureau and I have scheduled another meeting for next
week asking for more information. Until I've had all my questions resolved, I
didn't think it was right to bring it before the City Commission since it was
my item.
Commissioner Alonso: OK. Because this is very important to come to us. I
think it has been long overdue that we...
Commissioner Plummer: That's...
Commissioner Alonso: ...really look into...
Commissioner Plummer: ...why I scheduled it before.
Commissioner Alonso: Yeah. Thank you.
257 December 10, 1992
---------- :i..i-.+.----r---------w.--------------------..-rr-....r-------r�r.0
55. DISCUSSION CONCERNING FUNDING REQUEST FROM HISPANIC-LATIN FOUNDATION IN
SUPPORT OF A NONPROFIT FUND-RAISING EVENT TO BENEFIT THE YOUTH OF MIAMI
AFFECTED BY HURRICANE ANDREW.
Mayor Suarez: OK. Item 39. Hispanic Latin Foundation, are they here?
Mr. Odio: They're requesting $25,000 of seed money and they're also
requesting the Orange Bowl at a time when it has already been taken for the
Jose Canseco Benefit Softball Game. We recommend the denial of both requests.
Mayor Suarez: You gave us a tough one, sir.
Commissioner Plummer: Well, excuse me. Here again... wait a minute. Mr.
Mayor, I'm sorry and I... Sir, I'm not speaking to you individually, I'm
speaking to principle. Mr. Manager, I think this Commission told you at the
last %1%,=ission meeting to tell people that there are no funds available.
Mr. Odio: We do that and they still insist to come to the Commission. We
have to allow them to...
Commissioner Plummer: Then you tell them that... I understood what this
Commission instructed you, that if you wish to appear before the City
Commission, you do not have the opportunity to request funds.
Mr. Odio: I would be delighted to insist on that, but some of their request
comes from the Commission.
Commissioner Plummer: Yeah, but... but... it's incredible...
Mr. Odio: To put... To bring... To put them on the agenda.
Commissioner Plummer: ...to put us on the spot that we got to te11 these
people there's no money. Where if you tell them that on day one...
Mr. Odio: I'll be delighted not to put them on.
Commissioner Plummer: ...there's no hope and there is no disappointment. So,
sir, you go ahead, you know, it applies to you, but I wasn't speaking directly
to you.
Mr. Louis Barcelo: My name is Louis Barcelo. I'm a grant person and a fund-
raiser for many years. Raised several billion dollars for the City of New
York and also arranged over 400 loans over 200 U.S. Government guarantees,
over 200 procurements for small businesses under contract with the U.S.
Department of Commerce. I'm here as director of development for the Hispanic -
Latin Foundation. I have with me a gentleman by the name of Federico Macia,
attorney -at -law, who is Cuban -American. I'm Puerto Rican descent by the way,
Cuban -American. We cover all the Hispanic nationalities. We have all the
flags in our office. He's also one of our member of our board. I also have
with me Mr. Victor Pinzon. Mr. Victor Pinzon has been in 25 years in
258 December 10, 1992
NO
--
T 'rx
1y -
•
International Business. He an MBA (masters in business administration), an
engineer and a graduate at Berkeley - University of California. He has been a
consultant of development industries in investing and contributing time in
promoting betterment and the enhancement of Miami and Dade County. I like to
present Mr. Victor Pinzon so he could tell you exactly...
Commissioner Plummer: Sir, you understand there are no funds available.
Mr. Barcelo: We come to bring funds.
Commissioner Plummer: From this Commission, there are no funds available.
Mr. Barcelo: We come to not only help you develop how to get more funds so
that there will be funds; but we need what is called the technical assistance
part of that fund so that we can go get more for you, and also accept all the
other proposals that have been put on this Commission's table that have not
been funded.
Commissioner Plummer: Have you seen how many people are jumping on the
bandwagon of Andrew relief? They are running out of our ears.
Mr. Barcelo: We have a problem. The youth have suffered. Youth... We're
youth oriented. Youth have suffered and now is the time to help the youth.
Everybody else is on that bandwagon. We are on the youth bandwagon. We want
to help youth. We are not interested in helping the adults. We certainly
want to help those who have suffered; now is our chance. Mr. Pinzon, please.
Thank you.
Commissioner Dawkins: That let me out, I'm not youthful.
Mr. Victor Pinzon: I was in Little Rock, Arkansas for about 18 days and I
raised some questions because I also wear a journalist's hat. I raised some
questions in some press briefings given by Mr. George Stefanapolous on issues
that concerns our community. And you, Commissioners are asking about funds.
What we are very concerned about Haiti and the policy of the president-elect,
Bill Clinton. There were a question I pointedly asked whether president-elect
Bill Clinton will change his stand on his support for Haitians coming into the
United States. In the event he will not, whether he will provide federal
funds for Miami and Dade County. In light of the experience that we are going
through after the worst disaster in the history of the United States. The
answer of George Stefanapolous was, yes definitely there will be funds,
federal funds for that... event that the Haitians may come into Miami. The
press, not only around the United States, but abroad made a point on this. It
is on the record that we will bring funds. I contributed a little bit to make
that point that there will be funds for Miami and Dade County in that
particular issue. Now, we don't come here to request funds for us. And we
understand the situation of the City. We have a program that when I...
Mayor Suarez: Do you, Mr. Pinzon, do you have any of the teams pledged to
actually attend that you mentioned here? Do you have it in writing that we
can see?
Mr. Pinzon: Yes, there is one team which is "Millionarios" of Bogata,
Colombia. They have...
259 December 10, 1992
k
Mayor Suarez: You have that in writing...
Mr. Pinzon: Yes, I do.
Mayor Suarez: ...their agreement to participate if certain other conditions
are met?
Mr. Pinzon: Definitely, now there are some...
Mayor Suarez: OK. Then you might overcome one of the problems and that is
our ability to make this facility available to you, not on the day that you
are requesting because we got this other event that we are already committed
to which obviously is going to raise an incredible amount of money, and for
which there is commitment from people who are established gate -producers,
let's say. Now the other problem is we don't have any money so whatever the
fee is for renting the facility you pretty much have to come up with it. We
are not in the business of generating funds for hurricane victims or
otherwise, young or old. That's just not our business. Our business is to
run our facilities. If you want to use it, you will have to pay for it.
Mr. Pinzon: We understand that.
Mayor Suarez: So then it really nothing for you to ask this Commission. If
you are ready to pay, just work it out with them, what the deposit is. We'll
sponsor it in a sense of letters and using the City's promotional efforts, you
know.
Mr. Pinzon: That will be fine, Mayor Suarez. However, want to be on record
that this event and... We are aware that...
Mayor Suarez: What do you need to tell us? We got people here on presumably
planning and zoning agenda items and I don't know then if you understand both
of those things I just said to you. I'm sure counselor does and you are an
engineer yourself, what else is it that you want us to know? - Other than you
have a great event that will be done.
Mr. Pinzon: Basically, sir, that we, the Hispanic American, especially those
from South America, Central America and Caribbean origin which the Hispanic
Foundation represents, we have gotten very little when we come - this is the
i4first time that we come by the way but organizations from this ethic groups
have gotten very little from the City of Miami.
Mayor Suarez: That's not true. That's not true. We have given tons of
support to community development groups throughout the City of all the Latin
countries and Hispanic background whatsoever. In fact, you probably... we
could probably show that there have been preponderance of help to all the
other groups.
Mr. Pinzon: Well, give us some examples, for Argentina...
Mayor Suarez: Well, all of the help we give to the neighborhoods are Wynwood,
East Havana and Little Havana are typically Hispanic groups. All the money we
spent on Little League baseball, all the money that...
260 December 10, 1992
Mr. Pinzon: I happened to invest about a year and a half of my time as a
volunteer on the Latin Quarter, sir. A project...
Mayor Suarez: We just spent... What was the amount we used to purchase that?
We spent close to half a million dollar, a little bit over half a million
dollars on that.
Commissioner Alonso: The theater, yes.
Mr. Pinzon: That is my point, sir.
Mayor Suarez: In fact, I think we have "Teatro Marti" behind and we have
other groups that want to address us on things of great import in the Latin
community.
Mr. Pinzon: Great. That's my point, sir. That funding is primarily for the
Cuban American, rather than the Hispanics because I happen to be on the board
of the Latin Quarter Association. I was the only non -Cuban and I resigned.
Probably, right now you don't have anybody who is Hispanic, not Cuban.
Mayor Suarez: Depends on the neighborhood. Depends on the people who live
there.
Mr. Pinzon: My point is, sir...
Commissioner Alonso: Sir, Mr. Mayor, if I may interrupt.
Mayor Suarez: Yes, wait sir.
Commissioner Alonso: Let me make a clarification because I don't think this
is conducive to anything positive for the City of Miami, your organization or
your project. The funding that the City of Miami provided for the acquisition
of the Tower Theater was not necessarily for the people of Latin Quarter, the
organization. It was not only for the people of Little Havana but it was as
well for the citizens of Miami. I think it, being the largest neighborhood in
the City of Miami, it is for everybody who lives in the City of Miami. It's
not only for the Cubans because in Little Havana, and in the Latin Quarter not
necessarily live only Cubans. I happen to live in that area and if you look
at the numbers, probably the Cubans are a minority in that section of the
City.
Mr. Pinzon: I'm glad you said that, Commissioner Alonso. I remember when we
came here and tried to maintain the name of Latin Quarter, you were one
Commissioner... the only Commissioner who did not want the name Latin to stand
there.
Commissioner Alonso: I still don't want the name. You know why? Because the
previous name, the original name was Little Havana and I felt very strongly
and I still feel very strongly that the name. But that is not the issue at
hand...
Mr. Pinzon: That is right.
261 December 10, 1992
Commissioner Alonso: ...and I will not address that issue at this particular
time.
Mr. Pinzon: That is right.
Mayor Suarez: And we can't get into that argument.
Commissioner Alonso: But I don't believe that it is conducive to anything
positive to take the time of this Commission to go and drill into something
that is not going to resolve anything at all. When we have people waiting for
many many items that we have to address. So if you just go back to the point
of the issue at hand.
Mayor Suarez: All right, just wrap up, sir, because we are not going
anywhere.
Mr. Pinzon: To summarize, sir. Obviously we are not going to get any help
from you and we really don't need it. OK. Because this is a project that the
people who need 1t is not Commissioners of the City of Miami, but the youth of
Miami and Dade County. And we are going to carry this event with you or
without your help.
Mayor Suarez: Very good. If you do it in a City facility, it will always
have some involvement from the City.
Mr. Pinzon: We can do 1t at Joe Robbie Stadium. But the important thing,
sir...
Mayor Suarez: That's fine. That's fine. I smile because I know the
difficulties of doing things at Joe Robbie Stadium but, bless you.
Mr. Barcelo: We can always rent a back yard and do it in a yard where it has
nothing to do with the City.
Mayor Suarez: If it has nothing to do with the City, we have no...
Mr. Barcelo: Let me tell you something. But on the other hand, Mr. Mayor...
Mayor Suarez: We not going to get into... Wait, wait, sir. We're not going
to get to an argument. What do you want from the City and I believe what you
want is help in funding. If anybody make a motion, we...
Mr. Pinzon: We have not asked for funding.
Mr. Barcelo: We have asked for... to pay the...
Mayor Suarez: You want a waiver of the rent or something. We can't do that.
Mr. Barcelo: We have asked for, not only the waiver of the rent, we want to
ask for monies that are going to be used to pay the services of cleaning up
your own facilities.
Mayor Suarez: We can't do that, sir. All right. Anything further? If not,
we will go on to the next item.
262 December 10, 1992
Commissioner Plummer: See, excuse me. This is a classic example why this
should have never happened. I'm sorry, this should have never happened.
People should be told, Mr. Manager, there are no funds available.
Mr. Odio: How do you say that thing? Read my lips. I have said to you,
Commissioner, we have turned them down.
Commissioner Plummer: Sir, I'll read your lips and you'll be in the same boat
as the same guy made that statement before...
Mayor Suarez: Let's not get into that.
Mr. Odin: We have turned them... We have... I don't mind. I don't mind. I
have told them that.
Commissioner Plummer: OK. January 20th, you'll be out.
Commissioner Alonso: That's not a good example.
Mr. Barcelo: Point of information, gentlemen, is there a Department of
Development in this City?
Mayor Suarez: There sure is, sir.
Commissioner Plummer: Yes, sir.
Mr. Barcelo: Let me ask you a question, does the Department of Development
have the right to accept proposals to be granted by the people of the City?
Commissioner Plummer: No.
Mayor Suarez: Typically, projects of developing in the sense of capital
development improvements, bricks and mortar, not events. Events are...
Commissioner Plummer: Just so you know, sir, and we will educate you since
you came down from the major city and the big apple.
Mr. Barcelo: Yes, sir.
Commissioner Plummer: There are organizations here, sir, that you could apply
to and Mr. Pinzon knows who they are. The Tourist Development Council has
funds available, Arts & Culture Council has funds available, the... All of
these other have funds for these related projects. We don't.
Mr. Barcelo: All right. Have you ever attempted to match... Have you ever
attempted to match...
Mayor Suarez: No, that's it. That's it, sir. I gave you time to wrap up. I
gave...
Mr. Barcelo: Mr. Mayor, point of information. Point of information, Mr.
Mayor. Have you ever attempted to match the funds that you do have?
263 December 10,1992
Mayor Suarez:
Mr. Barcelo: Suppose I told you I can help you do that. Would you then allow
some funds to other Latin Americans in the segment...
Commissioner Dawkins: Only if you bring money first.
Mayor Suarez: Yeah, if you have the funds up front, then we might match them.
But we can't get into that right now.
Mr. Barcelo: No, you have to have the funds for us to match. That's up
front.
Mayor Suarez: That's the problem.
Mr. Barcelo: Ah, OK. Thank you.
Mayor Suarez: You bring them and maybe we'll match them.
Mr. Barcelo: Why don't you call the question on this?
Mayor Suarez: If anybody makes a motion I will, sir. But you don't dictate
our procedures, so have a seat. Have a seat, sir.
Mr. Barcelo: I'm not dictating. I'm just telling you to call a question.
Mayor Suarez: Right. We don't call a question unless there is a motion.
There's no motion. If any Commissioner want to make a motion, they can do so.
I always give them that option.
56. REPRESENTATIVES OF COCONUT GROVE ARTS FESTIVAL REQUESTS AUTHORIZATION
FOR A PARK SEATING DESIGN COMPETITION FOR USE IN MYERS PARK IN HONOR OF
THE 30TH ANNIVERSARY COCONUT GROVE ARTS FESTIVAL. (See label 63)
Mayor Suarez: Item 40. Coconut Grove Arts Festival.
Mr. Odio: I would like to defer that one, Mr. Mayor
Mayor Suarez: All right. Item 41 has been withdrawn.
Mayor Suarez: Item 42. Julius Brown.
Commissioner Plummer: 40.
Mayor Suarez: 40?
Commissioner Plummer: Yeah.
Mayor Suarez: Somebody said something about withdrawn.
What do you need from us?
264
I guess it was 41.
December 10,1992
rays 4�
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i
Ms. Maria Bercuson: Thank you. Marla Bercuson...
Mayor Suarez: Marla.
Ms. Bercuson: ...executive director of Coconut Grove Arts Festival and Tom
Korge, president of the Coconut Grove Association.
Commissioner Dawkins: You deferring 40? _—
Mr. Odio: Yes, I did.
Commissioner Alonso: That's what he said.
Commissioner Dawkins: OK. Manager deferred 40.
Mr. Odlo: I would like time to look at something... _
Mayor Suarez: Wait, wait folks. A personal appearance is not withdrawn by
the Manager. Now, if you want to table the item for a couple of minutes,
Marla, and discuss with the Manager how this can be resolved, whatever it is,
do so. And we're tabling it. Later we can... but you have a right to make
the personal appearance.
[AT THIS POINT, THIS ITEM IS TABLED. See label 63.]
57. DISCUSSION CONCERNING REQUESTED BANNING OF MERCHANDISE VENDORS OUTSIDE
THE MIAMI ARENA.
------------------------------------------------------------------------------
Mayor Suarez: Item 42. Julius Brown. No one here on item 42? Yes. Oh,
this is...
Commissioner Alonso: No, this is Richard...
Mayor Suarez: We saw you before in regard to the vending outside the Arena.
Right?
Mr. Ricardo de la Hoz: Yes.
Commissioner Alonso: 42?
Mayor Suarez: Please come up. Are you the representative of the group here?
Commissioner Alonso: Oh, 42.
Mr. de la Hoz: How you're doing, Mayor? Happy holidays to Mayor and all the
Commissioners.
Commissioner Alonso: Same to you.
265
December 10,1992
Mayor Suarez: Give us a name and..* organization and address. And happy
holidays to you.
Mr6 de la Hoz: Thank you, sir. My name is Ricardo de la Hoz. 1048 S. W.
10th Avenue, City of Miami. The reason...
Mayor Suarez: How are things going with the arrangements made there?
Mr. de la Hoz: I'm happy to tell you, Mayor and Commissioners, that it's
doing great, We're...
Mayor Suarez: Took a lot of efforts, Jim, Wally and company.
Mr. de la Hoz: It was... It's a beautiful arrangement. The manager of the
Arena who comes often outside to speak to us, Dr. Franklin, is happy with us.
Mayor Suarez: Dr. Franklin?
Mr. de la Hoz: Yes. He does come outside.
Mayor Suarez: Not yet doctor, but yes, Bob Franklin.
Commissioner Plummer: Who's Julius Brown?
Commissioner Alonso: Who is... yes, that's a very good question.
Mr. Jim Kay: We don't know.
Commissioner Plummer: He doesn't like Ricky. What?
Mr. Kay: We don't know.
Commissioner Dawkins: OK. So we don't have anything... He... Mr. Brown
isn't here. No action.
Commissioner Plummer: But wait a minute. This... This is... Mr. Julius
Brown...
Commissioner Alonso: He's coming and trying to eliminate the vendors?
Commissioner Dawkins: Go to the next action. Go to the next item.
Mr. Kay:- It appears that Mr. Brown, from his letter, would like to be able to
sell merchandise other than food.
Commissioner Plummer: Who? Mr. Brown or Rickey?
Mr. Kay: Food is what is allowed.
Commissioner Alonso: He would like to sell?
Mayor Suarez: Wait.
Mr. Kay:- I can... only from his letter.
266 December 10,1992
�j
i
i
Commissioner Plummer: You realize...
Mayor Suarez: Excuse me for a second, Jim. Mr. Manager, Mr. Manager, could
you please have this... have your appointed staff to work this out somewhere,
please. It looks very nice, whatever it is, but please...
Commissioner Alonso: I love it.
Commissioner Plummer: Poor Ricky is going to lose two pounds over this deal.
Mayor Suarez: All right, Ricky, you're here just in case they said the wrong
thing and you would have opposed it?
Mr. de la Hoz: Yes.
Commissioner Alonso: Exactly.
i Mayor Suarez: All right. All right. There's nothing else to be done on 42.
Very good.
Commissioner Plummer: Go away and send...
Mr. de la Hoz: Happy holidays. Thank you very much for all your support.
Commissioner Alonso: Yes, but...
Mayor Suarez: Yes, sir.
Commissioner Dawkins: Same to you and your family.
Mayor Suarez: Can we get a free hot dog now?
Mr. de la Hoz: Of course.
Mayor Suarez: Thank you. You heard him.
Commissioner Alonso: Nobody from the Arena or City of Miami is doing anything
to take any step to banning the merchandise, vendors or any type of vendors.
Nothing is happening.
Mr. Kay: No, no, no, no. Everything is very calm and quiet there right now.
It is the way we like it.
Commissioner Alonso: Good. Thank you.
Mayor Suarez: You've really brought a touch of merriment here, sir and I
really appreciate that. These people have not had so much fun, see.
[APPLAUSE]
Mayor Suarez: And he claps for himself, too.
Commissioner Plummer: Hey, I even got him in Bayfront Park.
267 December 10,1992
i
t
Commissioner Alonso: Great.
Mayor Suarez: I bet you have candy with you.
Commissioner Alonso:
Great, they are the best.
Mayor Suarez: Do you carry candy
with you? I bet you do. You're that kind
of person. Yeah, and
he eats some
of it too. All right.
Mr. de la Hoz: I would
like to see you...
i=
Mayor Suarez: There
you go, sir,
yes. That's why you so happy, no wonder.
You're going to sell
them a lot of
stuff.
Commissioner Alonso:
He's selling
more hot dogs.
t
Mayor Suarez: Sell
a lot of hot
dogs to the new hockey people. OK ...fans.
Florida lobster and
shrimp... what
a day. What is this about? Discuss the
following concerns.
Commissioner Plummer: Sounds like a Chinese restaurant.
Mayor Suarez: The Florida Lobster and Shrimp Distributors, Inc. to discuss
crime within the City of Miami. Something must be a misprint here.
Commissioner Dawkins: No, it's...
Commissioner Alonso: And also off-street parking authority.
Mayor Suarez: Are they here? Apparently, they are not here. Item 44. Home
for the holidays. Representatives of the home for the holidays. That must be
Home for the Holidays, Inc. Are they here? That's a heck of a name. I
wonder what they do for the rest of the year.
268 December 10,1992
$8. REFER TO MANAGER REQUEST FROM BEST WESTERN MIAMI AIRPORT INN FOR CLOSURE
OF DESIGNATED STREETS FOR USE BY A MARCHING BAND THAT WILL PARTICIPATE
IN ORANGE BOWL PARADE.
Mayor Suarez: Item 45. Best Western Miami Airport Inn. Street closures for
use by a 300-member marching band. Is there anyone here on Item 45? Best
Western not here. All right. Item 46. Miami Centennial 186. There we go.
96 rather.
Commissioner Alonso: Excuse me, Mr. Mayor. In Item 45, even though they are
not here, maybe they expect us to take action.
Mayor Suarez: It seems like something can be done by administratively, yes.
Mr. Odio: Excuse me, on 45. They... 45. Excuse me, Mr. Mayor. They want a
street closure on the... The event is December 29th.
Mayor Suarez: Can you recommend it, Mr. Manager?
Mr. Odio: I would like to... I don't know if they going to go ahead with it.
They're not here. But I would like to go ahead...
Mayor Suarez: We'll give you... We'll delegate the authority in case they
really want it and comply with all your parameters. I'll entertain a motion.
Commissioner Alonso: I so move.
Commissioner Dawkins: Second.
Mayor Suarez: Move and seconded.
Commissioner Plummer: Wait, wait. May I inquire as...
Mayor Suarez: Oh, I was afraid of that. Yes, you may inquire.
Commissioner Plummer: May I inquire where and what is it for?
Commissioner Dawkins: The band... A band... It will be a band who is going
to play in the Orange Bowl Parade. They're coming down, they're going to stay
there and they need some place to unwind and practice their marches and
procedures.
Mr. Odio: I will put it on the record...
Commissioner Plummer: All right. Commissioner, may I tell you why 1
inquired. I'm trying to mediate between the Intercontinental Hotel and the
Orange Bowl Committee... It might have something in that that the reason I
asked.
Mr. Odio: No, it's on 42nd Court.
269 December 10,1992
Commissioner Plummer: Because of the fact that the Orange Bowl Parade exits
and blocks off the Intercontinental Hotel. Intercontinental Hotel is
contending that they're possible losing as much as $200,000 on New Year's Eve.
I'm trying to work out and mediate a dispute where both parties can compromise
and both parties can be served. That was the reason I asked where this street
was and what was involved.
Commissioner Alonso: Actually, what we are doing is just conveying the power
to the City Manager if this is necessary so that he can go ahead and do it.
Nothing else. So...
Commissioner Plummer: Madam Commissioner, I was just hoping to find out that
it didn't further complicate the problem that already exist down there.
Commissioner Alonso: Hope not.
Commissioner Dawkins: That problem is solved. All you have to do is take the
street in front of the Dupont Plaza, run some device... barricades down one
side, make the street now one-way two-way. Put in a... When you come across
the bridge you have to be going to the Intercontinental Hotel, if you're not
you can't come up 1n there and when you come out, you have to come out that
way.
Commissioner Plummer: Agreed. But right now...
Commissioner Dawkins: But they have not agreed to it.
Commissioner Plummer: Right now, the Orange Bowl Committee has not agreed to
it.
Commissioner Alonso: It is a job with the Transportation Department,
excellent.
Mayor Suarez: Very good. All right, Counselor.
Mr. Montgomery Blair Sibley: Good evening. My name is Montgomery Blair
Sibley. I'm executive director of the Miami Anniversary Committee, 66 West
Flagler Street here in the City.
Mayor Suarez: Can I hold you just for a second and take a vote on the prior
item? The one that had to do with...
Commissioner Alonso: the closing of the...
Mayor Suarez: the street closure.
Commissioner Alonso: Yes.
Mayor Suarez: Which was Item 40 what?
Commissioner Plummer: Move it. Move it.
Commissioner Alonso: 45. I'd already did so he seconded it.
270 December 10,1992
Mayor Suarez:
OK. Please call the role on that. Sorry.
THEREUPON BY MOTION OF COMMISSIONER ALONSO,
SECONDED BY COMMISSIONER PLUMMER, ITEM 45,
HEREINABOVE, WAS REFERRED TO THE CITY MANAGER
BY THE FOLLOWING VOTE.
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
59. DISCUSSION CONCERNING MIAMI CENTENNIAL 196 -- STATUS REPORT OF CITY'S
CENTENNIAL CELEBRATIONS.
Mayor Suarez: All right. Please proceed.
Mr. Sibley: The committee is charged by the City to prepare for the
centennial of the City in 1996 and I'm just here to give our annual report.
We have a written report and I will file that with the Clerk and just briefly
say we had a very good year and we are working diligent toward to preparing a
plan to present to the Commission in May of 93 which will detail in great
detail what plans and events that we feel will be appropriate for the
centennial. I'm here to answer any questions you might have.
Mayor Suarez: When... OK. Just one concern. When you say you're charged by
the City, and this also reflects my concern about the way articles written in
the paper by Mr. Kleinberg, for example, which I had to try to run some
interference on. Your group got together, sought official City approval of
your efforts which we thought was a great idea to do. We don't necessarily
have any great resources right now that we're applying to the task, and you
haven't asked for any, fairness.
Mr. Sibley: That's correct.
Mayor Suarez: You wanted to be certified as an official group, I think we
said if at any time there was another group that wanted to do this, that was
also a possibility, so it wasn't totally exclusive, and yet some of your
members have apparently told Mr. Kleinberg of the Herald that nothing is
happening in regard to 1996. If at any time you give the impression that this
was an initiative of the City, which maybe it should be, but it isn't so far.
It's really your initiative. We have bless it. That kind of put us in a bit
271 December 10,1992
of a bind because we don't have any great resources allocated to it. I think
as 1996 approaches and we solve normal budgetary problems and our tax base
begin to go up, you know it went down last year for the first time in 21
years, et cetera. I can see the City maybe want to spend some money on it, so
in the mean time, it will have to be essentially a private effort. We will
continue to support it, sort of symbolically, spiritually, intangibly but not
too much money to go with it and if that doesn't do it, let's not proclaim
that we're going to have a major celebration in 196 if we can't do it and
certainly not start applying or blaming anyone, you know, applying fault to
anyone, because it's a well intended effort on your part and a well intended
linkage on our part, I hope. On the other hand anything intangible that we
can do, you know, please don't hesitate to call us.
Mr. Sibley: The City Clerk Office has been very helpful on that regard. We
have filed several applications for grants with private foundations...
Mayor Suarez: Great.
Mr. Sibley: ... and without the City Clerk Office that wouldn't have gotten done
so...
Commissioner Alonso: Great.
Mayor Suarez: Any good feedback on any of those grants?
Mr. Sibley: I can't report anything positive but we only heard back from a
couple of the various foundations we applied to.
Mayor Suarez: Very good. All right, thank you very much, Montgomery.
60. GRANT REQUEST BY PAN AMERICAN SOCIETY OF ARTISTS, INC. FOR RENTAL FEE
WAIVER FOR USE OF THE MANUEL ARTIME PERFORMING ARTS CENTER.
Mayor Suarez: Item 47, Pan American Society of Artists.
Mr. Odio: They want to waive the rent of the Artime Center.
Ms. Luz Morales: Yes, please. I would like to request the Commission to
grant us waiver of the performance fee for $350 per performance. We are
presenting symphony concerts with ballet and with piano soloist. The ballet
consists of eighteen people, the orchestra of 27 people and a piano soloist to
be presented that evening.
Commissioner Plummer: Are you charging an admission?
Ms. Morales: The admission is $15.00 and with 700 seats, the total amount is
only $10,000... It doesn't even cover our expenses. And that is why we are
asking...
Commissioner Plummer: And who is the Pan American Society of Artists?
272 December 10,1992
Ms. Morales: I'm the representative and the president of the Pan American
Society of Artists.
Mayor Suarez: Has it ever put on any other events in Miami?
Ms. Morales: We have presented... yes. We have presented in that same
theater several years ago when the theater was not yet renovated.
Mayor Suarez: How did that go?
Ms. Morales: Very good.
Mayor Suarez: How many people attended?
Ms. Morales: Oh, a lot of them and we have presented operas...
Mayor Suarez: A lot like a lot here, or a lot like a lot more than that?
Ms. Morales: More... more than that.
Mayor Suarez: How many, you don't know?
Ms. Morales: Around 400, 500 people.
Mayor Suarez: How much did you charge?
Ms. Morales: At that time...
Mayor Suarez: It was free.
Ms. Morales: That time was free.
Mayor Suarez: I guess.
Ms. Morales: Now that it is renovated, we are charging.
Mayor Suarez: Now, it's 15 bucks.
Ms. Morales: Yes, but we are in the grass root level now because we are using
the auditorium with the payment. In this case, now, our money is not enough.
Mayor Suarez: Well, here's the thing. The catch 22 for us. We typically are
not waiving fees for use of any facilities in the City. We do Bayfront Park
every once in a while. This is kind of a community center. The amount is so
small, mam...
Ms. Morales:- I know, this...
Mayor Suarez: that you are here for... You're taking us this Commission's
time on a $350 item...
Mayor Suarez: Wait, wait, wait. They have plenty of discretion to approve
the $360 and some of us up here would take up a collection for you just so we
can give you $350 and go on to the next item.
Commissioner Plummer: Now much... if it's not...
Ms. Morales: It's not...
Mr. Odio: That's not what they're asking.
Mayor Suarez: That's what I was afraid of. What else are you asking for?
Mr. Odio: They want $6100.
Ms. Morales: $6100 for...
Commissioner Plummer: For what?
Mayor Suarez: All right.
Ms. Morales: For one orchestra concert with ballet and...
Mayor Suarez: The answer to that is...
Commissioner Plummer: No.
Mayor Suarez: We're not funding those kinds of programs. We thank you...
Ms. Morales: We have another concert. We also have an opera "Viuda Alegre"
In May, two performances.
Commissioner Plummer: Absolutely, we can't do it.
Mayor Suarez: We don't have any money for that.
Commissioner Plummer: We can't do it, 350...
Mayor Suarez: But the use of our facility... Do you want to waive the use of
our facility, assuming...
Commissioner Plummer: Waive ... well, Mr....
Ms. Morales: The waiver of the facility is...
Commissioner Plummer: What is $350 when we are subsidizing the facility now
for $600,000.
Mayor Suarez: All right. We'll entertain a motion. I'll take that to mean a
motion and...
Commissioner Plummer: Sure, why not?
Commissioner Alonso: Yes.
274 December 10,1992
- -
Mayor Suarez: Second by the Commissioner. Call the role. Commissioner
Alonso.
Commissioner Plummer: Last of the big time spenders.
Mr. Odio: It's not $350. She wants...
Ms. Morales: It's 6... 600...
Commissioner Plummer: No, no. All we are approving is the $350.
Mr. Odio: No, she wants...
Commissioner Plummer: I don't care what they want, that's it.
Mr. Odio: Three performances at $350 each.
Ms. Morales: Three performances.
Commissioner Dawkins: What is the motion?
Ms. Morales: Three performances.
Commissioner Plummer: To waive the rental fee.
Ms. Morales: Yes and they are also charging us 10% of the money that...
Mayor Suarez: Yes, you better believe it.
Commissioner Plummer: Everybody pays that, ma'am.
Ms. Morales: Yes.
Mayor Suarez: You better believe it.
Commissioner Dawkins: If she can't pay the $350, they shouldn't have the
affair.
Mayor Suarez: All right. We have a motion and second and we have one
Commissioner indicated he'd going to vote no. Call the role.
Ms. Morales: Thank you very much.
275 December 10,1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-813
A RESOLUTION RELATED TO THREE MUSICAL CONCERTS, TO BE
HELD AT THE MANUEL ARTIME PERFORMING ARTS CENTER BY
PAN AMERICAN SOCIETY OF ARTISTS, INC. ON FEBRUARY 20,
MAY 21 AND MAY 22, 1993; WAIVING THE RENTAL FEE OF
SAID FACILITY IN AN AMOUNT NOT TO EXCEED $350 FOR ONE
OF SAID EVENTS; 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
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 Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez.
ABSENT: None.
COMMENTS DURING ROLL CALL:
Commissioner Plummer: The rental fee only of $350, I vote yes.
Ms. Morales: Per performance?
COMMENTS AFTER ROLL CALL:
Mayor Suarez: No, but you stilt got your three votes on the $350 so that's
not too bad. Nobody else is getting any thing here tonight.
Ms. Morales: Thank you. Thank you very much. I appreciate it.
Mayor Suarez: OK.
276 December 10,1992
ii�YL YYY Yfi1r WWr!,------ W-------W—lil--- �-------W---rY-----W-----ii--JOGiYia�
61. REFER TO MANAGER REQUEST FROM COMMUNITY CLUB OF MIAMI, INC. FOR USE OF
DESIGNATED STREETS AND WAIVER OF CERTAIN REQUIREMENTS CONCERNING ITS
CHRISTMAS PROCESSION AND PARTY.
------------------------------------------------------------------------------
Mayor Suarez: All right, go ahead, go ahead, sir. I don't mean to have you
removed from the mike. You have been waiting patiently all day. Community
Club of Miami, Inc..
Mr. Gilfread Ferguson: We're requesting a fee waiver for a procession. I'm
sorry about the word coming up as a parade again.
Mayor Suarez: OK.
Mr. Ferguson: We spend an hour from 8 to 9...
Commissioner Plummer: How much are they asking?
Mr. Ferguson: ...parading through the City... Liberty City singing carols and
giving candy...
Mayor Suarez: Is this the first time you're doing this or is it the same one
you did last year?
Mr. Ferguson: Same one last year.
Mayor Suarez: But it was only like a block party, now, it wasn't a major
parade here.
Mr. Ferguson: No parade, no blocks , no nothing.
Commissioner Plummer: How much is involved?
Mayor Suarez: No, it just street closures.
Commissioner Plummer: Street closures?
Mr. Ferguson: It's no street closures.
Commissioner Alonso: No?
Mayor Suarez: No street closures?
Mr. Ferguson: It's no street closures.
Commissioner Plummer: What is it that you are asking of us?
Commissioner Alonso: What is it...
Mayor Suarez: What you need from us?
277 December 10,1992
Mr. Ferguson: OK. The insurance company... The Insurance department says I
need to pay the fees...
Commissioner Plummer: That's true.
Mr. Ferguson: ...as a parade. We don't have 100,000... $100000 pay $1009000
fee.
Mayor Suarez: How many people to participate and what does it look like? It
looks like a block party, right?
Mr. Ferguson: Approximately 150 kids out of Liberty Square, housing
development...
Mayor Suarez: Right in the. open area.
Mr. Ferguson: Right there in Liberty Square Park.
Mayor Suarez: Right.
Mr. Ferguson: OK. We parade around the perimeter of it, through the park...
Mayor Suarez: Mr. Manager...
Commissioner Alonso: How much do they need?
Mayor Suarez:...is this not something that can be taken care of without
reaching this Commission?
Mr. Odio: I got a street...
Mayor Suarez: This sound like something we would want to have there.
Mr. Odio: They got a street closure that... This is what they want to close.
North...
Mr. Ferguson: No closure. Procession. One hour. No closure.
Mayor Suarez: Wait, wait. But if you want a street closure... That what you
told the manager so somewhere along the line you mis...
Mr. Ferguson: It's a procession. It's not closing off the street. We're
crossing streets. We're just walking through the streets.
Commissioner Alonso: It is different.
Mr. Odio: It sounds like that...
Mayor Suarez: Over one hour span, which is the one you're crossing? 63rd
there?
Mr. Ferguson: 17th Avenue and 63rd and...
Mayor Suarez: Oh, you got to close 17th Avenue too?
278
December 10,1992
Mr. Ferguson: We're crossing 17th Avenue.
Commissioner Plummer: What about the traffic?
Mr. Ferguson: Lieutenant Christmas and the... Did you read the letter that I
sent to you?
Mr. Odio: I sure did.
Mr. Ferguson: It is on there.
Mr. Odio: I sure did.
Commissioner Alonso: Good question.
Mayor Suarez: The best defense is a good offense.
Commissioner Plummer: I did not read the letter. What about the traffic?
Mr. Odio: This is his request. He wants to close north on 14th Avenue to
67th Street, then parade down 67 Street to northwest 13th Avenue, then south
on 13th Avenue to northwest 63rd Street, then west to 63rd Street to northwest
18th Avenue...
Mr. Ferguson: That is...
Mr. Odio: ...at that point he enters into Metro Dade County Police ... so
that is his request.
Mayor Suarez: What do you recommend on it? Can you cooperate with him in
all respects, except funding?
Mr. Odio: If we close the street, they will have to pay for expenses.
Mr. Ferguson: We don't close the streets I'm trying to tell you.
Everybody... Everybody got this idea that this is a parade. It's a
procession.
Mayor Suarez: How many kids? How many kids?
Mr.<Ferguson: About 50 to 60 kids.
Commissioner Alonso: Oh, they don't need to... I think it could be done.
Mayor Suarez: I think that we... you can work with the Administration.
Commissioner Alonso: Yes, definitely.
December 10,1992
Mayor Suarez: Let us do 1t this way, Mr. Ferguson. Mr. Manager, we are going
to have a motion of intent to work...
Commissioner Alonso: Yes.
Mayor Suarez: ...with them and please assign an officer...
Commissioner Alonso: Sure.
Mayor Suarez: ...around that time to keep an eye on those kids. On duty. On
duty.
Commissioner Alonso: Yes. but 50 to 60 kids you realty...
Mr. Ferguson: We have the...
Mayor Suarez: Wait, wait, Mr. Ferguson, we're solving your problem. I think
it can be solved by an on -duty officer that can be in that area, just keep an
eye on the kids as they cross the street and... You're so emphatic that
you're liable to lose.
Commissioner Plummer: Cesar, let me see this.
Mr. Ferguson: What I'm trying to tell you lieutenant...
Mayor Suarez: No, no. We are going to solve it administratively. Lieutenant
Christmas.
Commissioner Alonso: So wonderful. We move that you work with the
Administration and that they find a solution to this case. I so move.
Mayor Suarez: Very good. So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Within the discretion of the Manager, this should be
able to be solved.
Commissioner Alonso: Get it done.
Mayor Suarez: It sounds like you have a lot of support from Lieutenant
Christmas, who has to have the best name in the City of Miami, folks.
Mr. Ferguson: He does it every year. He's there.
Mayor Suarez: We got Officer Justice in the City. We got Lt. Christmas. OK.
Call the roll.
280 December 10,1992
MOTION NO. 92-814
A MOTION REFERRING TO THE CITY MANAGER REQUEST
RECEIVED BY REPRESENTATIVE OF THE COMMUNITY CLUB OF
MIAMI, INC. FOR USE OF CERTAIN DESIGNATED STREETS AND
A WAIVER OF CERTAIN CITY REQUIREMENTS IN CONNECTION
WITH ITS CHRISTMAS PROCESSION AND PARTY SCHEDULED FOR
DECEMBER 25, 1992; FURTHER REQUESTING THE MANAGER TO
TRY TO WORK OUT A SOLUTION.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Just for the record. By his own admittance, the annual
event Christmas parade and party, but I'll still vote yes.
Commissioner Alonso: He got carried away, that's all.
62. REFER TO MANAGER FUNDING REQUEST BY HOME FOR THE HOLIDAYS IN SUPPORT OF
ITS NETWORK TELEVISION PRODUCTION AND MULTI -CITY FUNDRAISERS TO BENEFIT
THE HOMELESS, THE HUNGRY, AND AS HURRICANE RELIEF -- MANAGER TO MEET
WITH HIS CREW AND COME BACK WITH RECOMMENDATION.
Mayor Suarez: Yes. We have information here that Item 44 was told to be here
by 6:30 p.m. Big mistake. They were suppose to be here, mama, at the time
advertised which were 4:30 p.m. You have the incredible name Home for the
Holidays. I don't know what you do for the rest of the year. Maybe you are
not home, maybe you are away, maybe you ought to tell us real quick. Item 44.
We'll get to you in a second.
Commissioner Plummer: Has she been informed...
Mayor Suarez: You're bringing gifts?
Commissioner Alonso: We love her.
281 December 10,1992
M
Commissioner Plummer: Has she been informed, Mr. Manager, that there are no
monies available?
Mr. Odio: We told her flat out...
Commissioner Alonso: With that beautiful presentation, what are you talking
about let her appear for that.
Commissioner Plummer: Bah, hum-bugl
Mr. Odio: ...before she... before she came here that we were denied funding.
She want $50,000, we told her...
Commissioner Plummer: $50,000?
Commissioner Alonso: On second thought, we better skip you.
Ms. Patricia Robinson: J.L., you're going to get a couple of million back in
return for your 50,000. You'll love us at the end of next year.
Commissioner Plummer: Sounds good to me.
Ms. Robinson: Our production company, ten years old, formed here in Miami is
called Taste of America Production so we cannot come to a meeting without
bringing you a taste of America and it'd been a long time since lunch.
Commissioner Plummer: It's $24.99.
Commissioner Alonso: You certainly know how to do things in good taste.
Ms. Robinson: This is important, tastefully.
Commissioner Alonso: But I love this.
Mayor Suarez: I just gave mine away to the lady over there.
Commissioner Dawkins: He gave mine away. God bless his generous heart.
Commissioner Plummer: What? No one is getting my cookies.
Mayor Suarez: The reason he says that is we have a requirement of declaring
anything over $25.00 so.
Ms. Robinson: Not the problem.
Mayor Suarez: Patricia, what do you need from us?
Ms. Robinson: In addition to the Taste of America's goodie bag, you have a
presentation packet. It gives you a very quick overview of our ten years of
doing major, major productions for television and special events to raise
money for all kind of causes. And thumbing through very quickly you'll see
the Olympics and you will see the schools in San Francisco. We did a major
thing for the White House. We did the first fund raisers for the Zoos with
282 December 10,1992
all kind of chocolate sculptures. Then you have the whole corporate
background of the last ten years and twenty years of consulting for
hospitality and tourism industries. First, fundraiser for AIDS research and
the first fundraisers for the homeless, which we started here in the downtown
campus of the Miami -Dade Community College in 1982. So we are celebrating our
anniversary from that first fundraiser for the homeless in Miami. You also
have a national committee. The left hand part of your portfolio is national.
Commissioner Plummer: Get outl Outl Outl
Ms. Robinson: He's not sharing. We wanted you to see our national tie-in
with the new Clinton Administration with the old Bush Administration, the
American Red Cross.
Mayor Suarez: You have given us a lot of interesting narrative...
Commissioner Alonso: You are causing all this confusion, or is it the
excitement of Christmas?
Mayor Suarez: What will you want from this Commission that we could possibly
give you, other than moral and spiritual support?
Ms. Robinson: No, no.
Mayor Suarez: He's going like this back there. See, he knows too much, he's
been hanging around here... the younger man back there.
Ms. Robinson: In the middle of your national portfolio, on the left hand
side, you will see a letter that went to the United States Conference of
Mayors, as you know about. We addressed that Conference with over 200 mayors
with a plan for a national program to raise many millions of dollars in ten
major communities, urban areas.
Mayor Suarez: Al right. Tell us this. What are you planning to use the
funding for? What do you want from us? and then don't tell us anything else
after that because that will end the conversation right there.
Ms. Robinson: OK. Well, I wanted you to see the national formula of $250,000
coming from each of the urban areas and thank you Commissioner, we are looking
to match those funds that are on the right hand side of your portfolio from
the City of Miami who did indeed saved our life this year from having to dig
into our own pockets any further.
Mayor Suarez: Metropolitan Dade County, you mean.
Ms. Robinson: And we have asked, as you can see on the second page, for
$250,000 because that's the formula. But each City gives $250,000 and the
State gives $250,000 because this is a $5,000,000 budget to do...
Mayor Suarez: To do what with it?
Ms. Robinson:... national TV and fundraising events for the homeless, hungry,
job training, etc. Really cure the crisis in every major America city. With
that formula, we had asked back September, the Metro -Dade County for $250,000.
283 December 10,1992
r r•,
i
Tony Ojeda said to us after they gave us the $50,000, he said let me teach you
never to ask for what you need and so now, of course we must come to the other
entities and we going to Miami Beach and we're coming to you to get the
$250,000 commitment from this Dade County...
Mayor Suarez: Dade County gave you $50,000?
Ms. Robinson: Yes. We have a copy of the check.
Commissioner Atonso: Well, it certainly shows in here. Here is the check.
Ms. Robinson: And you have a copy of our request which was $250,000 which was
a mistake. Tony Ojeda said we should have asked for more so that we would
have had the budget that we needed to work with. And then, of course, you
see...
Mayor Suarez: Was that from the general revenues of Dade County?
Ms. Robinson: Correct, correct.
Commissioner Atonso: It was.
Commissioner Plummer: General Operating...
Mayor Suarez: Not Community Development, not federal funds, McKinney Act
funds, anything?
Ms. Robinson: Correct, correct, and so we come...
Commissioner Atonso: They certainly have money. Don't they?
Commissioner Plummer: Look. It came out of the general operating account.
Mayor Suarez: What do you want from us?
Ms. Robinson: The matching $50,000 and then we must go on now to City of
Miami Beach and other entities...
Mayor Suarez: I bet so, yes.
Ms. Robinson: Because when we go to our other nine cities, the first question
they ask us is, "Well, you are headquartered in South Florida, have they
supported this to your formula?" Of course, we must be able to answer in the
affirmative. And we got the ear of the new president-elect and the National
Coalition for the Homeless...
Mayor Suarez: You know, Mr. Castaneda, it's inconceivable from what we've
heard that - and I don't say this in derogation of your presentation - but I
just don't understand the $50,000 the County has given them unless there more
here than meet the eye. Unless they've got a proven track record of caring
for the homeless or something.
284 December 10,1992
Ms. Robinson: ten years...
Mayor Suarez: So, do you have any facilities?
Ms. Robinson: No, no. We... You'll see, if you...
Commissioner Alonso: They do the promotion.
Ms. Robinson: ...as you look through the presentation packet, we've done all
of these events all across the country. They've always benefited the
homeless, hungry, job training, et cetera. So, we have a very long and strong
track record.
Mayor Suarez: And you take the $50,000 from the County to have a fund-raiser
with the $50,000?
Ms. Robinson: But we wait... But this $5,000,000 that we're using for
network television, you could never buy it for $50,000, nor could you get the
positive visibility. If you look at the script... You've got a copy of the
script, and what the...
Mayor Suarez: And all of this, at the end of the process, at the end of all
the money you would get from the cities and the County...
Ms. Robinson: It all goes...
Mayor Suarez: ...then you would have a big fund-raiser and then you would do
what with the money?
Ms. Robinson: No, no. If you look at the script for the television show...
Mayor Suarez: No, no. Just tell me, ma'am. I...
Ms. Robinson: There's an 800 number, at the end of the television show. If
we have 20,000,000 viewers and we only...
Mayor Suarez: Oh, I see. All that money and then where does that money go
to?
Ms. Robinson: It all goes back to the cities. And while that TV show is
airing, there are fund-raisers in the City. And it...
Commissioner Plummer: Doing business with the hospitality and the tourism.
Both.
Commissioner Alonso: The money goes back to the cities?
Ms. Robinson: That's correct.
Commissioner Alonso: How... What is the percentage that the City of Miami...
Ms. Robinson: Through the American...
Commissioner Alonso: Let's say we match the Metropolitan Dade County.
285 December 10, 1992
0
Ms. Robinson: Correct.
Commissioner Alonso: And we give $50,000. What percentage of whatever you
made will we get?
Ms. Robinson: Everything that comes from Dade County... There will be fund-
raising events held right in Dade County, contiguous with the television show.
There are two shows a year. It's a semiannual production. You'll see Walt
Disney Productions and NBC (National Broadcasting Company) are our partners.
We've been on this for three years, so this is no harebrained, without being
very, very well planned. So that everything that is called in on the network
show, that comes from South Florida, that all comes... Let's say we have
100,000 calls that come back from Dade County. That all comes back to Dade
County and the night of the airings - one at Easter holidays, one at Christmas
holidays - there will be events. There's a Port of Miami. There's Ocean
Drive, Miami Beach. There will be fund-raising events with giant screens of
the television show, and all that money stays secure...
Commissioner Alonso: Let me tell you what I'm going to do, for the sake of
time. I'm going to move that the Administration meet with you, and try to
come back with a recommendation to us. I'm excited and confused at the same
time. Therefore, I think it's very important that you meet with the
Administration and show... I'm excited with the gift. Thank you very much.
I think this is beautiful.
Unidentified Speaker: I think we're going to do good.
Ms. Robinson: Thank you, love.
Commissioner Alonso: And go back, meet with the Administration, and then come
back to us. We will have then more answers, because we have just gotten this
package...
Mayor Suarez: It's quite intriguing.
Commissioner Alonso: I'm shocked to see... Indeed.
Mayor Suarez: Quite intriguing.
Commissioner Alonso: ...the $50,000 and Tony Ojeda saying you asked for very
little, and now we know better when we knock at Tony's door, we know what to
do. So, I think that's the best that we can do at this point for...
Ms. Robinson: And the...
Mayor Suarez: All right. So moved.
Commissioner Alonso: Yes.
Mayor Suarez: We're going to refer it to the Administration.
Commissioner Alonso: And Commissioner Plummer seconds.
286 December 10, 1992
t {
Ms. Robinson: And Could you be kind enough to tell me...
Commissioner Plummer: Second.
Ms. Robinson: ...what our timeline would be then?
Commissioner Plummer: What is it? 1 don't know.
Commissioner Alonso: I beg your pardon?
Ms. Robinson: Our time...
Mayor Suarez: They will meet with you as soon as you're able to meet with
them.
Commissioner Alonso: Soon. Immediately.
Mayor Suarez: Yeah.
Commissioner Alonso: Yeah.
Commissioner Plummer: Yeah.
Ms. Robinson: I'd appreciate that, because like we scheduled a meeting to
D.C. regarding the inauguration.
Mayor Suarez: Are you involved in this?
Commissioner Alonso: OK.
Commissioner Plummer: I figured that. OK. Just... Why didn't you say that
before?
Commissioner Alonso: Are you?
Mayor Suarez: OK. All right. So moved and seconded. Any discussion? If
not, please call the roll.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 92-815
A MOTION REFERRING TO THE ADMINISTRATION FUNDING
REQUEST RECEIVED BY REPRESENTATIVES OF HOME FOR THE
HOLIDAYS TO SUPPORT ITS NETWORK TELEVISION PRODUCTION
AND ITS MULTI -CITY FUND-RAISERS TO BENEFIT THE
HOMELESS; FURTHER REQUESTING THE ADMINISTRATION TO
COME BACK WITH A RECOMMENDATION FOR CONSIDERATION BY
THE COMMISSION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
287 December 10, 1992
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: What?
Mayor Suarez: We're going to refer this request to the Administration.
Ms. Matty Hirai (City Clerk): Referring to the Administration for a
recommendation, sir.
63. GRANT $15,000 AS PARTIAL FUNDING IN SUPPORT OF ARTISTS' COMPETITION FOR
PARK BENCHES TO BE INSTALLED IN KENNETH MYERS PARK FOR COCONUT GROVE
ARTS FESTIVAL. (See label 56)
------------------------------------------------------------------------------
Mayor Suarez: Coconut Grove Arts Festival.
Mr. Tom Korge: Thank you. Tom Korge, president of the Arts Festival and
Marla Burcuson, executive director.
Commissioner Plummer: I'm sorry. Again, sir? You are?
Mr. Korge: Tom Korge, president of the Arts Festival and Marla...
Commissioner Plummer: Are you related to Chris?
Mr. Korge: Only by...
Mayor Suarez: Mother and father.
Mr. Korge: Yeah.
Commissioner Alonso: And you.
Commissioner Plummer: Whatever the motion is, it's denied.
Commissioner Alonso: He was doing well, until now.
Mr. Korge: Until now. That's right. That's right. Essentially...
Commissioner Alonso: I love it.
288 December 10, 1992
Mr. Korge: We can all pick on my brother later.
Commissioner Plummer: Mr. Manager, you had expressed some concerns of that...
Commissioner Alonso: If I get that, I vote yes.
Commissioner Plummer: Is that... your concerns been resolved?
Mr. Cesar Odio (City Manager): Yes.
Commissioner Plummer: OK. The only thing I want to make clear for the
record, the monies that these are coming from are monies that were derived
from the Arts Festival parking fees. I'm going to make a motion to approve
this, but I don't want you to get any misconception in the future that you
have the control over those funds. OK?
Mr. Korge: We understand that completely.
Commissioner Plummer: OK. Mr. Mayor, I move that this very, very nice
donation be accepted. The only thing that I ask is that it be done in
conjunction with the committee... the standing festival committee who also
has funds, who will be working in that area, that the two of them work
together for the benefit of the community, and I move that this be accepted.
Commissioner Dawkins: I will not accept... I will not second J.L.'s motion.
I will second Victor De Yurre's motion. I second the motion made by Victor De
Yurre.
Commissioner Plummer: What motion did he make? I'm sorry.
Vice Mayor De Yurre: We11, I haven't made it yet, but somebody handed me a
resolution to read, with reference to this. So...
Commissioner Plummer: If he hasn't made one, how do you second him?
Vice Mayor De Yurre: I'll second your... I'll second this motion.
Commissioner Alonso: Wait.
Commissioner Plummer: Fine.
Mayor Suarez: Read your motion, Commissioner. Vice Mayor...
[AT THIS POINT VICE MAYOR DE YURRE READ THE RESOLUTION INTO THE RECORD.]
Commissioner Alonso: It's beautiful.
Commissioner Dawkins: J.L. seconds.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
289 December 10, 1992
C
The following resolution was introduced by Vice Mayor De Yurre, who
Moved its adoption:
RESOLUTION NO. 92-816
A RESOLUTION AUTHORIZING A GRANT IN THE AMOUNT OF
$15,000 TO SUPPORT AN ARTIST'S DESIGN COMPETITION OF
PARK BENCHES TO BE INSTALLED IN KENNETH MYERS PARK IN
CONNECTION WITH THE 1993 COCONUT GROVE ARTS FESTIVAL;
AUTHORIZING THE CITY MANAGER TO MAKE THESE FUNDS
IMMEDIATELY AVAILABLE TO THE EVENT SPONSOR, AND
DIRECTING THE ADMINISTRATION TO PREPARE THE NECESSARY
DOCUMENTS, INCLUDING APPROPRIATIONS ORDINANCE(S), TO
PROVIDE THESE FUNDS FROM THE CAPITAL IMPROVEMENT
PROGRAM, PROJECT NO. 331359 IN THE AMOUNT OF $9,000
AND FROM THE PARK DEVELOPMENT FUND IN THE AMOUNT OF
$6,000; SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS
MAY BE PRESCRIBED BY THE ADMINISTRATION OF THE CITY OF
MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Korge: Thank you very much.
Mayor Suarez: I think that completes personal appearances.
290 December 10, 1992
YYBi iwY Y►f�a.ri. Y.rrl+r i��ra+YY fiiH i�li rlir r�Y ii..r WifY a`r. G1�" Wit-------- -------- r.n: ---r.-----ri---1. r..i.r Yi is
64. METRO-DADE COUNTY OFFERS TO PAY THE CITY $1,674,000 FOR BACK RENT OWED
TO THE CITY, IF THE CITY DROPS PRESENTLY -INSTITUTED LAWSUIT -- NEW
LEASING AGREEMENT DRAWN UP FOR USE OF SPACE AT THE (MUNICIPAL JUSTICE
BUILDING AT 1145 N.W. 11 STREET).
Mr. Cesar Odio (City Manager): Mayor... Mr. Mayor...
Mayor Suarez: Commissioner, yes.
Mr. Odio: I have one item that is important. We have been told by the
County ... they have cut a check for a million seven for the rent of the old
jail, the municipal building. And we need to drop the lawsuit in order for
them to release the check.
Commissioner Plummer: So moved.
Mayor Suarez: So moved.
Commissioner Dawkins: Have you got the check in your hands?
Mr. Odio: No, no. We won't drop the lawsuit until we have... It's a...
Commissioner Plummer: We trade with them.
Vice Mayor De Yurre: Until the check clears.
Commissioner Dawkins: OK. All right. I second.
A. Quinn Jones III, Esq. (City Attorney): Let me... Before you vote...
Before you vote on this, let me just tell you what you're voting on. OK?
Mayor Suarez: Mr. City Attorney, let me just clarify. We do have a motion
and a second, and I think the motion is understood. I'm sorry. Go ahead now.
Mr. Jones: The settlement, in exchange for dropping the lawsuit, there will
be payment of 100 percent of back rent, which totals 1.674 million; dismissal
of the litigation; there will be a new lease agreement for current space that
they occupy, month to month, at the rate of $20,000 per month; if the City and
the County mutually agree to purchase, that the County will purchase the
building, then the back rent, meaning the 1.64... 674 be netted against the
purchase price, whatever...
Commissioner Dawkins: Wait a minute. Hold it now. Wait a minute. No, no.
Wait a minute.
Mr. Jones: If...
Commissioner Dawkins: Back up now. Let me hear it good.
Commissioner Plummer: As long as we get to set the price of the property.
291 December 10, 1992
WRN
w
Commissioner Dawkins: What now?
Mr. Sergio Rodriguez (Assistant City Manager): If we agree.
Mr. Jones: If there's a mutual agreement...
Commissioner Dawkins: This depends on us selling them the building.
Mr. Jones: No, no.
Mr. Odio: If we agree.
Commissioner Plummer: No, no. Not hinged on it.
Mr. Jones: No, it's not hinged on it.
Commissioner Plummer: OK. The only problem... Excuse me.
Attorney?
Mr. Jones: Yes.
Mr. City
Mr. Odio: No, Miller, it doesn't...
Commissioner Plummer: A few of us have been visitors, not inmates, to that
facility. What about the damage of the... to the repairs of the damage that
they have created?
Mr. Odio: They're doing that. No.
Commissioner Plummer: There is extensive damage by the laundry machines...
Mr. Odio: They're doing that and they're going to also... the CHT(Center for
Health Technologies) 1s there now, so between the two... that is the
biomedical...
Commissioner Plummer: OK. Mr. Manager, I expect that prior to the signing of
the contract, that you will make them pay for and repair all the damage that
they have done. OK?
Mr. Odio: Well, they're responsible to do that.
Commissioner Plummer: Well, they haven't done it the last time I was there.
I mean, it looked like Niagara Fails from those washers and driers up on the
second floor.
Mr. Odio: Look, Commissioner, I'm asking you please to...
Commissioner Dawkins: Mr. Manager...
Mr. Odio: ...that let's take the rent money and...
Commissioner Dawkins: Mr. City Attorney?
292 December 10, 1992
Mr. Odio: ...new rent money and let me accept the deal with the other
separate.
Commissioner Mummer: That's fine.
Commissioner Dawkins: Mr. City Attorney?
Commissioner Plummer: But just get them... Just get them to make...
Mr. Odio: The lawsuit was tied just to the rent money.
Commissioner Dawkins: Mr. City Attorney, read number four again for me.
Mr. Jones: Number four states that if there is mutual agreement that the
County purchase the building, then the back rent, the 1.674 would be deducted
from whatever the purchase price is.
Commissioner Dawkins: Why, when they already owe me my...
Mr. Jones: If...
Commissioner Dawkins: I'm not going to sell them the building, number one.
Mr. Jones: OK. Fine.
Commissioner Dawkins: OK? OK. All right. No problem. Go ahead.
Commissioner Plummer: Miller, you just increase the amount of what you want
for the sale of the property...
Commissioner Dawkins: I don't want it.
Commissioner Plummer: ...by three million and take a million left.
Commissioner Alonso: That's right.
Commissioner Plummer: It's got to be a mutual agreement.
Commissioner Dawkins: Have you got three votes?
Commissioner Plummer: It's all right, we'll put you in jail.
Mr. Manuel Gonzalez-Goenaga: I volunteer.
' Commissioner Alonso: But we are not talking about... at all.
Commissioner Dawkins: Yes, we are. There it is.
Commissioner Alonso: No, no. I'm not going to vote. He said... We are
voting on this and the sale is... I'm not voting on that.
Commissioner Plummer: We're not voting to sell.
Mr. Jones: You're not voting for a sale.
293 December 10, 1992
Commissioner Plummer: We're not voting for a sale.
Mr. Jones: What they're saying that if the building is ever sold...
Commissioner Plummer: if the day ever comes that we mutually agree...
Commissioner Alonso: If mutually agreed...
Commissioner Plummer: Exactly.
Mr. Jones: Mutually agreed.
Commissioner Alonso: Meaning I don't have an agreement.
Mr. Jones: Right. It means you don't have to agree to it.
Commissioner Plummer: We can ask $30,000,000 for the building, even though
its only worth $40,000 ,OOO
Commissioner Dawkins: OK.
Commissioner Alonso: OK.
Mr. Jones: OK? Now understand, too, I guess that they may be taking it to
their County Commission.
Mr. Odio: No.
Mr. Jones: They're not going to take it?
Mr. Odio: Only if we get...
Mr. Jones: OK.
Commissioner Plummer: Call the roll.
Mayor Suarez: Call the roll on the item.
294 December 10, 1992
1�1
the following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-817
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE -
A NEW LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND
METROPOLITAN DADE COUNTY ("DADE COUNTY"), ON A MONTH
TO MONTH BASIS, FOR THE LEASE OF SPECIFIED PORTIONS OF
THE SECOND FLOOR OF THE FORMER CITY OF MIAMI MUNICIPAL
JUSTICE BUILDING, LOCATED AT 1145 NORTHWEST 11 STREET, _
MIAMI, FLORIDA, SAID AGREEMENT CONTINGENT UPON
SETTLEMENT WITH DADE COUNTY CONCERNING PAST RENTS DUE
THE CITY OF MIAMI; DIRECTING THE CITY MANAGER TO
PRESENT THE NEGOTIATED AGREEMENT TO THE CITY
COMMISSION FOR ITS REVIEW AND APPROVAL.
(Here follows body of resolution, omitted here and on -
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
------------------------------------------------------------------------------
65. DISCUSSION CONCERNING VIOLATION AT 351 S.W. 30 COURT -- ADMINISTRATION
REQUESTED TO COME BACK IN 90 DAYS TO GIVE STATUS REPORT.
Mayor Suarez: Item 49. Commissioner Dawkins. Is that resolved by now?
Mr. Cesar Odio (City Manager): We have 49.
Commissioner Dawkins: A family came to me with a dispute and I for a
settlement. Where is Mr. Rodriguez? Mr. Rodriguez, will you come forward and
tell me where we are and how we... if and how we resolve this?
Mayor Suarez: Can you translate, so that we can get something on the record?
Unless it's already resolved.
Commissioner Dawkins: No.
295 December 10, 1992
Mr. Sergio Rodriguez (Assistant City Manager): No. We have, in this
particular raise, basically... there are two neighbors adjacent to each other,
and there are complaints on each side about violations on the other side. And
what we have been pursuing is trying to resolve the issues and we have given
each one of them indications on what we believe are the violations that they
have on each side of their property. At this point, Ms. Gonzalez has been
correcting, I believe, every violation that we were aware of.
Mayor Suarez: What is her address?
Mr. Rodriguez: 351...
Mr. Odio: ...Southwest 30th Court.
Mr. Rodriguez: ...Southwest...
Mr. Odio: ...Thirtieth Court.
Mayor Suarez: The one that is on the...
Mr. Rodriguez: The one that is on the agenda, right. And she has agreed to
correct all the violations and so she is now in compliance. Now, there are
some violations that we have been trying to get corrected at the other
address, which 1s 321 Southwest 30th Court.
Mayor Suarez: Now, do these front on each other, or back into each other, or
adjoin each other?
Mr. Rodriguez: Immediately adjacent to each other.
Mayor Suarez: Adjacent, on the same frontage.
Mr. Rodriguez: They are divided by a wall, which is located on Mr. Hernandez'
property, on 321 Southwest 30th Court. And that has been, basically, the
major difference.
Commissioner Plummer: Has Mr. Hernandez started to comply?
Mr. Rodriguez: We gave him the list of things that had to be done, but part
of the problem is that he doesn't want to give us access to his property. And
at the same time, when we're trying to see if there is compliance, there has
been a refusal by Miss Gonzalez to allow some of the corrections on the wall,
which is on Mr. Hernandez' property, to be corrected.
Commissioner Plummer: So, you cite him.
Mr. Rodriguez: Well, that... What we are trying to do first is trying to
make sure that we have the violation before we cite them.
Commissioner Dawkins: OK.
Commissioner Plummer: Take him to the useless Code Enforcement Board.
Commissioner Dawkins: OK.
296 December 10, 1992
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t
Mr. Rodriguez: We have been taking them to the Code Enforcement Board on
different occasions. in my opinion, what should be done over here, this
shouldn't be here before you, in my opinion. We should try to follow this
through the appropriate administrative procedures, go through the proper
channels, go through the different boards... Unless you want to deal with
every case hear from now on. You know, that's...
Mayor Suarez: No, no.
Commissioner Dawkins: OK. Mr. Rodriguez.
Commissioner Plummer: No, no. I'm just...
Commissioner Dawkins: Mr. Rodriguez.
Mayor Suarez: OK. But...
Commissioner Plummer: I'm laughing that you're going to take it... What is
the proper procedure? Code Enforcement?
Commissioner Dawkins: Mr. Rodriguez.
Mr. Rodriguez: That's one of the procedures.
Commissioner Plummer: Code Enforcement. Add to the $50,000,000 in liens.
Mayor Suarez: No, no. Maybe not. Maybe not. Commissioner Dawkins.
Commissioner Dawkins: Mr. Rodriguez.
Mr. Rodriguez: Yes, sir.
Commissioner Dawkins: This resident has corrected the violations.
Mr. Rodriguez: At this point, yes.
Commissioner Dawkins: Beg your pardon?
Mr. Rodriguez: At this point, she has corrected the violations.
Commissioner Dawkins: Do you expect her to make some more tomorrow?
Mr. Rodriguez: Well...
Commissioner Plummer: He doesn't know.
Mr. Rodriguez: Do you know what happens, Commissioner? Sometimes there may
be other complaints and violations that we might not be aware of. At this
point, she is in compliance.
Commissioner Dawkins: So, therefore... No, no. Wait a minute. Wait a
minute.
297 December 10, 1992
77
Commissioner Alonso: She is in compliance, period.
Mr. Rodriguez: She is 1n compliance.
Commissioner Dawkins: Well, then... Either she's in compliance, or she isn't
in compliance. She's in compliance?
Commissioner Alonso: She is.
Mr. Rodriguez: I am saying, she is in compliance.
Commissioner Dawkins: All right. So, they can go home and say no more.
Mr. Rodriguez: Well, they can go home and... Yeah.
Commissioner Alonso: Yeah.
Commissioner Dawkins: OK. So, therefore, they will not be cited, or
harassed, for the lack of a better word, any more.
Mr. Rodriguez: If... Not on these issues. No.
Commissioner Dawkins: OK. So... All right. OK.
Vice Mayor De Yurre: Neither party is going to get harassed any more.
Commissioner Dawkins: All right. Wait a minute now. Yes. Wait a minute.
No, he said this one has got a problem.
Mr. Rodriguez: We are not harassing anybody.
Commissioner Dawkins: OK.
Mr. Rodriguez: We are getting complaints. If we find there is a proper...
Commissioner Dawkins: Look... Wait a minute. No, sir.
Mr. Rodriguez: ...reason for it, we go through it.
Commissioner Dawkins: Like you said, the complaints we can follow up. But
the bickering, between the neighbors, we cannot be involved in, Mr. Rodriguez.
It's just that...
Commissioner Alonso: No.
Commissioner Dawkins: So, I'm here. I ask them... they brought all the
papers that they had to you, where they collected the violations we cited them
for.
Mr. Rodriguez: Yes, sir.
Commissioner Dawkins: So, therefore, we are.. technically they're OK.
Mr. Rodriguez: 351 Southwest 30th Court is OK.
298 December 10, 1992
Commissioner Alonso: She is in compliance, period.
Mr. Rodriguez: She is 1n compliance.
Commissioner Dawkins: Well, then... Either she's in compliance, or she isn't
in compliance. She's in compliance?
Commissioner Alonso: She is.
Mr. Rodriguez: I am saying, she is in compliance.
Commissioner Dawkins: All right. So, they can go home and say no more.
Mr. Rodriguez: Well, they can go home and... Yeah.
Commissioner Alonso: Yeah.
Commissioner Dawkins: OK. So, therefore, they will not be cited, or
harassed, for the lack of a better word, any more.
Mr. Rodriguez: If... Not on these issues. No.
Commissioner Dawkins: OK. So... All right. OK.
Vice Mayor De Yurre: Neither party is going to get harassed any more.
Commissioner Dawkins: All right. Wait a minute now. Yes. Wait a minute.
No, he said this one has got a problem.
Mr. Rodriguez: We are not harassing anybody.
Commissioner Dawkins: OK.
Mr. Rodriguez: We are getting complaints. If we find there is a proper...
Commissioner Dawkins: Look... Wait a minute. No, sir.
Mr. Rodriguez: ...reason for it, we go through it.
Commissioner Dawkins: Like you said, the complaints we can follow up. But
the bickering, between the neighbors, we cannot be involved in, Mr. Rodriguez.
It's just that...
Commissioner Alonso: No.
Commissioner Dawkins: So, I'm here. I ask them... they brought all the
papers that they had to you, where they collected the violations we cited them
for.
Mr. Rodriguez: Yes, sir.
Commissioner Dawkins: So, therefore, we are.. technically they're OK.
Mr. Rodriguez: 351 Southwest 30th Court is OK.
298 December 10, 1992
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A l M y�, t
Commissioner Dawkins: So, they can go home.
Commissioner Alonso: I understand this has been going on since 1987?
Commissioner Dawkins: OK. So... Yes.
Ms. Gloria Gonzalez Bodden: Eighty-eight.
Commissioner Alonso: Is that right?
Mr. Rodriguez: Eighty-eight, I believe, is when they built the wall.
Commissioner Dawkins: Eighty-eight.
Commissioner Alonso: Ninety-eight?
Ms. Bodden: Eighty-eight.
Commissioner Alonso: That's along enough for me.
Mr. Rodriguez: Yeah.
Ms. Bodden: May I say something?
Commissioner Dawkins: OK. So...
Commissioner Alonso: Yes.
Commissioner Dawkins: So, now...
Vice Mayor De Yurre: They're OK.
Mr. Rodriguez: They're OK.
Commissioner Dawkins: They're OK. They can leave.
Commissioner Alonso: Yes, they are OK. But they... she wants to address
this.
Vice Mayor De Yurre: OK. Now, 1n this matter, I received some divine
interference, or guidance, of Father Angel Villaronga, of which he is a
member of the church, has sent me a letter. So, whatever goes on, and I
imagine you guys are going to try and work this out, I would like to be kept
abreast of the matter as to how this issue is resolved. And I think at this
point in time, there is nothing for us to entertain...
Ms. Bodden: May I say something?
Commissioner Dawkins: Not if she's in compliance.
Mr. Rodriguez: OK. Let me try to explain to Mr. Hernandez.
Vice Mayor De Yurre: OK. But you explain to him on your own.
299 December 10, 1992
Mr. Rodriguez: OK.
Vice Mayor De Yurre: We're not going to decide anything here today, but I
personally want to be kept abreast of whatever happens.
Mr. Rodriguez: I will tell them that.
Vice Mayor De Yurre: Thank you very much.
Commissioner Dawkins: OK. She wants to be heard. I don't know why. But
she's already...
Commissioner Alonso: Yeah, she...
Ms. Bodden: May I say something?
Vice Mayor De Yurre: Sure.
Ms. Bodden: Mr. Rodriguez made... misspoke right now. He says they weren't
allowed on my property. Number one, they know...
Mayor Suarez: Well, put your name in the record and your address.
Ms. Bodden: I'm sorry. My name is Gloria Gonzalez Bodden. I live at 351
Southwest 30th Court.
Mr. Rodriguez: No, I didn't say that we were not allowed on the property. I
said that the person who we're trying to fix the wall on, Mr. Hernandez' wall,
to get there, they have to get on her side of the property to finish it.
Commissioner Plummer: Wait, wait. Where are my cookies?
Commissioner Alonso: You ate them.
Mr. Odio: Who took his cookies?
Commissioner Plummer: Would somebody please look up Ms. Range's phone number?
Commissioner Alonso: I knew this business of cookies and presents and
Christmas time...
Commissioner Plummer: But I didn't...
Commissioner Alonso: ...was not going to be conducive to good business in the
City of Miami. So, we...
Mayor Suarez: All right.
Commissioner Plummer: Go ahead. I'm sorry.
Commissioner Alonso: Please.
Ms. Bodden: OK.
300 December 10, 1992
1
Mayor Suarez: All right. Apparently we can resolve this 1nr-house, but we are
going to take a statement from you and the Commissioner is going to say
something and then we're going to go to Planning and Zoning, folks.
Ms. Bodden: Well, this is important. What I've been through for four years.
Mayor Suarez: For how many?
Ms. Bodden: For four years.
Commissioner Alonso: Yes.
Ms. Bodden: Since 1988. I was able to do... This is my mother. We were
able to do in 1992 what we tried to do in '89. I have heard excuses that my
mother was too old, we weren't able to. This has cost us several hundred
dollars for no reason. As far as the wall they're talking about, the City has
finalized an illegal wall. Mr. Menendez, who's the Chief Inspector, will
verify that the footing is only 16 by ten. All his... He has violations
where the City has final and I have proof. And Mr. Menendez is there and will
admit that the wall 1s illegal. It is not to...
Mayor Suarez: Just for future reference. If any workman or any person wants
to work on that wall and make it comply, will you give them access to...
Ms. Bodden: If they're insured, yes, sir.
Mayor Suarez: If they're insured. OK. Most contractors and subcontractors
are insured.
Ms. Bodden: This was...
Mayor Suarez: What do they have to bring just to be sure?
Ms. Bodden: This was not done by a contractor. This was a homeowner.
Mayor Suarez: OK. But if they are... If they have the license, and their
insured, that's the only problem...
Ms. Bodden: I have no problem. No, sir.
Mayor Suarez: All right.
Ms. Bodden: I've never refused... I only...
Mayor Suarez: And for that, can they just knock on your door? Or...
Ms. Bodden: Well, sir... Mr. Mayor, the wall is illegal. The City finalized
the wall.
Mayor Suarez: That's not my question, though. My question had to do with the
other matter. What about the...
Ms. Bodden: Well, Mr...
301 December 10, 1992
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1:
Mayor Suarez: ...allegation that the wall is illegal? Wait a minute.
Commissioner Alonso: Is the wall illegal?
Mayor Suarez: Am I getting into something that you wanted to...
Mr. Santiago Jorge -Ventura: My name is Santiago Jorge -Ventura. I am Deputy
Director of the Planning, Building and Zoning Department. I am a building
official. Mr. Hernandez applied to me for the permit, and we approved the
permit.
Mayor Suarez: All right.
Mr. Jorge -Ventura: The wall...
Mayor Suarez: The wall, as of now, is it legal or illegal? It's on its way
to being legal?
Mr. Jorge -Ventura: It is legal. Legal. Let me explain to you the situation.
Commissioner Alonso: It's a legal wail.
Commissioner Plummer: Was the wall built as the permits were issued?
Mr. Jorge -Ventura: No. Let me explain to you the situation.
Commissioner Plummer: Well, I'm... I'd like...
Mayor Suarez: Well, we don't want to solve the whole thing today...
Mr. Jorge -Ventura: No, no. The situation.
Mayor Suarez: ...I just wanted to...
Commissioner Alonso: We wanted to know this, is the wall legal? Yes, it is.
Mr. Jorge -Ventura: Let me explain the situation, because that is a permit
that we have..,
Mayor Suarez: But we're hoping all of this can be done...
Mr. Jorge -Ventura: OK.
Mayor Suarez: ...other than on the Commission, Santiago.
Mr. Jorge -Ventura: ...the plans show a fence... a section of the fence, with
a footing, with ten by 20. According to the statement of Mrs. Gonzalez, the
footing is ten by 16. The inspector who did the inspection, he said ten by
20. According with...
Mayor Suarez: One of our inspectors?
302 December 10, 1992
Mr. Jorge -Ventura., Our inspector. According to the South Florida Building
+code, it's a 12 by 20. OK? We are investigating this. In this situation,
what we request and he was notified, and he's going to comply, is in this
case, we request that a structure engineer check the designs that he did... -
Mayor Suarez: Make sure it's not at fault. How big is the wall?
Mr. Jorge -Ventura: It's eight feet high.
Mayor Suarez: All right. That's the maximum allowed by law.
Mr. Jorge -Ventura: Yes, sir.
Mayor Suarez: Anything further, Commissioner De Yurre?
Vice Mayor De Yurre: No. Just the fact that let them work it out. I just
want to be kept informed of what happens.
Mr. Jorge -Ventura: We are trying.
Mayor Suarez: OK. We're not resolve the issue on the merits today, we just
wanted to hear your statement when...
Ms. Bodden: Right.
Mayor Suarez: ...to contradict whatever Mr. Rodriguez said.
Ms. Bodden: Well, I just don't think it's fair... Excuse me. And I'd like
to have it on record, because I will continue. What I had to go through and
what they're...
Mayor Suarez: You want to have what on record?
Ms. Bodden: Well...
Mayor Suarez: Your desire that they comply with the law? Obviously they
have to comply with the taw.
Ms. Bodden: Well, but they're not complying and they're...
Mayor Suarez: That's going to be resolved. They have to comply with the law.
Ms. Sodden: How can they give them a letter from an engineer saying the wall
is code...
Mayor Suarez: We're not going to resolve that today, because we're not in a
position to do that. That has to be resolved by the Administration, and then
they make a recommendation, if there 1s still a dispute at the end of all
that.
Ms. Bodden: Even...
Commissioner Plummer: Well, but what she's...
303 December 10, 1992
11
Mayor Suarez: This Commission is not...
Commissioner Plummer: Mr. Mayor, I think what I'm hearing is that she has
been through this process ;or many, many years. OK? And I will make a motion
At this time that this matter be scheduled on each agenda item, until it is
resolved. That way we will be here every two weeks to remind you Santiago
that it's either finished or it's not.
Mr. Jorge -Ventura: May I explain why she's...
Mayor Suarez: That's exactly backwards from what I thought we were doing.
Commissioner Alonso: But will they have to come every two weeks here?
Mayor Suarez: I thought we were going to try to put this in the hands of the
Administration, until...
Commissioner Plummer: We are. But we would like to be informed if it's
resolved or it's not.
Mayor Suarez: Yeah. But don't say it's going to be on every agenda, that...
Vice Mayor De Yurre: J.L., make it in 90 days. You've got Christmas coming
up.
Commissioner Plummer: All right. Fine.
Vice Mayor De Yurre: It's difficult to get people to do work.
Commissioner Plummer: Ninety days, come back and tell us on an agenda.
Schedule it for an agenda in 90 days and tell us that this matter is... I
hope to God in 90 days it's going to be resolved.
Mr. Jorge -Ventura: The only compromise that I will have... I will like it
that she compromises to let the owner come to fix the wall.
Commissioner Alonso: Oh, she said she will allow that provided that...
Commissioner Plummer: She's already said they would.
Mayor Suarez: As long as the person is insured.
Ms. Bodden: Not the owner. Not the owner.
Mr. Jorge -Ventura: OK. We are working. We are working.
Commissioner Alonso: No, not the owner.
Mayor Suarez: Apparently she wants an insured contractor.
Ms. Bodden: Not the owner. He's not licensed.
Commissioner Alonso: She said...
i
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December 10, 1992
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Mayor Suarez: She may legally be able to make that a requirement. I'm not
going to give my opinion, but if it's going to be through her property...
Commissioner Alonso: She has the right.
i
Commissioner Plummer: She has every right to demand what she wants on her -
property.
Mayor Suarez: I think so. To full compliance with law.
Mr. Jorge -Ventura: OK.
Commissioner Plummer: That's it.
Mayor Suarez: See, otherwise, the owner can fix his own property. But not
where he has to go through somebody else's property. That's the problem. All
right. So you may have one that particular aspect of the deal.
Commissioner Plummer: Mavbe.
Ms. Bodden: Oh, well, thank you.
Mayor Suarez: OK.
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66. AUTHORIZE EXECUTION OF AGREEMENT WITH ORANGE BOWL COMMITTEE FOR FOOD,
BEVERAGE AND NOVELTIES CONCESSIONS DURING KING ORANGE BOWL JAMBOREE
PARADE.
Mayor Suarez: Moving right along. Fifty and 51 have been disposed of.
Commissioner Plummer: Correct.
A. Quinn Jones III, Esq. (City Attorney): Mr. Mayor?
Mayor Suarez: So, we're on Planning and Zoning agenda item...
Mr. Jones: Mr. Mayor.
Commissioner Plummer: No, Mr. Mayor.
Mayor Suarez: Yes, sir.
Mr. Jones: Mr. Mayor, please.
Commissioner Plummer: I'll take advantage of one of my pocket items at this
time, because it's not a Planning and Zoning item.
Mayor Suarez: All right. We're close to 8:00 p.m. Yes?
305
December 10, 1992
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Commissioner Plummer: You have a copy. [AT THIS POINT, COMMISSIONER PLUMMER
READ THE RESOLUTION INTO THE RECORD BY TITLE ONLY.] I so shove.
Commissioner Alonso: Second.
Unidentified Speaker: Did somebody second it?
Mayor Suarez: Moved and seconded.
Commissioner Plummer: Yes.
Mayor Suarez: Any discussion? If not, please call the roll.
Unidentified Speaker: Thank you.
Commissioner Dawkins: That's one of your pocket items?
Commissioner Plummer: That's the only one I've got.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-818
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE ORANGE BOWL COMMITTEE,
("COMMITTEE"), TO PROVIDE FOR THE SALE OF BEVERAGE,
FOOD AND NOVELTIES DURING THE KING ORANGE JAMBOREE
PARADE ("PARADE"); AUTHORIZING THE CITY MANAGER TO
ENTER INTO THE NECESSARY CONTRACTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FOLLOWING
ENTITIES DESIGNATED BY THE COMMITTEE AS SPONSORS
AFFORDED CERTAIN EXCLUSIVE FOODS, BEVERAGES OR
NOVELTIES CONCESSION RIGHTS IN THE PARADE AREA:
KODALUX ("KODAK"), COCA -COLA, INC., AND THE LIONS
CLUB.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner
and adopted by the following vote:
AYES: Commissioner.Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Alonso, the resolution was passed
306 December 10, 1992
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dIYi��Yi--- i n-----------riiW r------7+---------------------------------------------
67. DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION TO PURCHASE / LEASE
POLICE PURSUIT VEHICLES.
------------------------------------------------------------------------------
Vice Mayor De Yurre: Mr. Mayor, may I get my two in?
Mayor Suarez: Yes.
Vice Mayor De Yurre: One which is not even mine.
Mayor Suarez: Go ahead, sir.
Vice Mayor De Yurre: Here's a resolution... This is from the Administration.
"A resolution authorizing the purchase of 170 1993 Chevrolet Caprice pursuit
vehicles under an existing Dade County Bid number 3407-OEC-CW from Edwards
Chevrolet at a proposed amount of $2,151,203.80 for the Department of General
Services Administration and Solid Waste; said vehicles to be acquired through
a 36 month lease purchase plan offered by a financial institution, allocating
funds therefor from the General Services Administration and Solid Waste
Department operating budget account code number 420901-880; authorizing the
City Manager to instruct the Chief Procurement Officer to issue a purchase
order for these vehicles." I so move.
Commissioner Plummer: Run it by the Board. I heard you... Dawn did it. Not
right now. Your next trip. What?
Mr. Cesar Odio (City Manager): This is the...
Commissioner Alonso: How many cars?
Commissioner Plummer: I don't know what you...
Mr. Odio: One hundred and seventy.
Commissioner Alonso: How come this is a pocket item?
Mr. Odio: Let me tell you why, Commissioner. It was in the last Commission
meeting - and I postponed it because... It was in the last meeting of the
Commission, because we were looking at the possibility of obtaining another
make of car. We were going to... We delayed it. We find that that's not
possible. We need to replace 170 police cars, as the replacement program is
in effect. If we order now, we would get them in line by March, maybe. If we
postpone it and go out on bids in January, we will not get any cars until the
end of.December of next year. And we are committed to replacing police cars.
Commissioner Alonso: What was the item number on the last agenda?
Mr. Odio: I don't know. Can you look for it, please? That's the reason for
that. That's the same price that... we went on the County bid.
307 December 10, 1992
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4
Commissioner Plummer: What cars are you proposing to buy?
Mr. Odio: That's the Chevy Impala.
Vice Mayor De Yurre: The Caprice.
Mr. Odio: Caprice. That's it. Caprice. That we now have. In a way, I...
Commissioner Plummer: The same as what we presently have and we have nothing
but trouble with them.
Mr. Odio: The same thing that they... Well the problems that we have had is
the factories have to change their brake linings for my...
Commissioner Plummer: The hubcaps fall off.
Mr. Odio: That's right.
Commissioner Plummer: OK?
Mr. Odio: They fixed that already.
Commissioner Plummer: We've had nothing but trouble with the damn cars and
now we're going to order more of them.
Mr. Odio: There's nothing else on the market.
Commissioner Dawkins: Why the Ford.... The Florida Highway Patrol went from
Caprices to Fords.
Mr. Odio: The Crown Ford Victoria...
Commissioner Dawkins: They're buying Fords.
Mr. Odio: ...is about $2,000 more per car, from what we understand.
Commissioner Dawkins: Yeah. But for $2,000 more, you're getting what you
paid for.
Mr. Odio: But let me tell you what convinced me. I happen to agree with you,
Commissioner. The problem is that we now have a huge fleet of... with the
same Chevrolets. You change... Every time you change makes, then you have to
goandadd another inventory on parts. You have to get another...
Commissioner Plummer: Why...
Commissioner Dawkins: Not if you're cannibalizing the fleet, as you said this
morning.
Commissioner Plummer: Why don't we... Mr. Manager, have you looked into...
through the Florida League of Cities that offer the program where you can
lease cars?
Mr. Odio: Well, this is as cheap as that. Yes, we have.
308 December 10, 1992
N
Commissioner Plummer: No, it's not. Because when you lease them, it includes
maintenance.
Mr. Odio: Lease with maintenance we have looked at. We have looked at that.
Commissioner Plummer: Well, but you see, you don't then have to stockpile a
big supply of parts.
Commissioner Plummer: But we...
Commissioner Plummer: And you don't have them with the down time.
Mr. Odio: There's not a facility... Do you want to explain?
Commissioner Plummer: And the monies are available through the Florida League
of Cities as a loan.
Mr. Odio: We tried looking into that and there was... maintenance of police
cars per se.
Mr. Ron Williams (Assistant City Manager): Commissioner, we're familiar with
it. We think that...
Mr. Odio: We have looked at that.
Mr. Williams: Particularly on these rates that we go out and really get the
money to lease. It's very competitive. It's current rates. And it ends up
coming in pretty good.
Commissioner Plummer: Yeah. But, Mr. Williams, you know, when I go over to
the motor pool, and I see 77 cars over there, and they've been there, and
they've been there and they've been there. I can't see the tremendous need
for the immediate rush.
Mr. Odio: We11, no. As long as we understand that if I did not meet the
replacement schedule. It was because of this. We were.. We will get behind
on the replacement.
Mayor Suarez: That's Commission policy.
Commissioner Plummer: Well, Mr. Mayor, you know, even the FOP (Fraternal
Order of Police) is recognizing that it's almost impossible to meet the
requirements that we agreed to on that policy. Now...
Mayor Suarez: But what is the reason for not pursuing this at this point?
Savings?
Commissioner Plummer: Because we're buying cars that we've had a history, of
the last year or two, we've had nothing but trouble with. We've had...
Mayor Suarez: The Caprice you mean?
Mr. Odio: Excuse me.
309
December 10, 1992
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Commissioner Plummer: We've had big trouble. The brakes...
Mr. Odio: Excuse me, Commissioner Plummer.
Commissioner Plummer: Yes, sir.
Mr. Odio: You asked me to hire PSAs. What we do is we recycle cars. You put
these new patrol cars in the fleet, and we take the other cars, recycle them,
and put them... and give them to the PSAs. If we don't buy the cars, we have
to buy cars... We have PSAs walking. So...
Commissioner Plummer: Mr. Manager, you know, I would accept that, if I didn't
count almost 100 cars that have been sitting over there for at least four
months, that I'm aware of.
Mr. Odio: A hundred?
Commissioner Plummer: They're not new cars. They're not the most best
looking cars. But they're workable cars. You know, now... You know, I'm
going to tell you...
Mayor Suarez: All right.
Commissioner Plummer: Mr. Manager...
Mayor Suarez: Yeah. If there is no further discussion... If you want to
make a statement, we might as well take a vote on this.
Commissioner Plummer: Well, it's not a scheduled item, Mr. Mayor.
Mayor Suarez: Oh, we've got the old five day rule. Are you invoking it?
Table the item. Somebody negotiate with him while he makes up his mind if
he is evoking it or not. OK. PZ-1
------------------------------------------------------------------------------
68. DISCUSSION CONCERNING REQUEST FROM BARBARA BONEY TO PLACE A TRAILER ON
HER PROPERTY AS TEMPORARY QUARTERS WHILE HER HOME IS BEING REPAIRED FROM
DAMAGES CAUSED BY HURRICANE ANDREW.
------------------------------------------------------------------------------
Vice Mayor De Yurre: OK. Mr. Mayor, my second item. I have Ms. Barbara
Boney...
Commissioner Dawkins: Boney. Boney.
Vice Mayor De Yurre: Boney. She has a problem, in fact, due to the
hurricane. She lives in the City of Miami.
Commissioner Plummer: How much is it?
310 December 10, 1992
_ 8
Bice Mayor De Yurre: FEMA(Federal Emergency Management Agency) has told her
that they would provide a trailer while they repair her home which is not
habitable at this point in time.
Commissioner Alonso: But you told me it was resolved, yesterday.
Mr. Cesar Odio (City Manager): I asked Sergio to look into this matter and
see 1f we could change the... Find an exception on the zoning ordinance to
allow her to put a trailer on her property. I got that letter about two days
ago.
Vice Mayor De Yurre: OK. Where are we at now?
Mayor Suarez: Is it resolved?
Commissioner Alonso: That's what he told me over the phone yesterday.
Mr. Sergio Rodriguez (Assist. Manager): Not me.
Commissioner Alonso: No, the Manager, that he was working and he had a
solution.
Mr. Rodriguez: The Manager asked me to take care of it and the Zoning
Ordinance does not allow it. So I'm trying...
Commissioner Alonso: We know that. But this is for three months.
Mr. Rodriguez: I'm trying to find where any emergency power that the Manager
might have that we can do it and I think I have an area in which it is
possible to do but I have a problem with South Florida Building Code. So I
cannot give you a definite answer. I think I'm in the direction of trying to
solve it. That's the only thing I can tell you.
Mayor Suarez: All right. And it one of those...
Commissioner Alonso: So you have an answer.
Mayor Suarez: ...that better not to say how we're going to take care of it
cause if we try to say how we're already kind of running afoul of our own
ordinances.
Commissioner Alonso: So they'll find ways to resolve that.
Mayor Suarez: Right.
Mr. Rodriguez: So, it'll be taken care of. Right?
Mayor Suarez: Sounds like it will be taken care of, Barbara.
Commissioner Dawkins: So, now, you have just helped the Mayor. Three of us
had that as a pocket item.
Commissioner Alonso: Yes.
311 December 10, 1992
Commissioner Dawkins: OK. So, I only got one. So I'll get rid of my one,
Mayor Suarez: You seen to be very persuasive in getting your items handled on
an emergency basis.
Commissioner Dawkins: OK.
Mayor Suarez: All right. Commissioner Dawkins.
Commissioner Dawkins: Mr. Mayor...
Ms. Barbara Boney: Do I at least get a chance to say hello?
Mayor Suarez: No, no, no, don't say hello. Just...
Commissioner Alonso: It's almost a hello and good-bye.
Mayor Suarez: Go sin no more and all that stuff.
Ms. Boney: The Mayor, the Manager, everybody. Thank you.
69. ACCEPT $161.83 DONATION FROM THE SISTER CITY OF KAGOSHIMA FOR HURRICANE
RELIEF.
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor and fellow Commissioners. The Kagoshima
International Speaking Society took up among its students 21,000 yen which is
equivalent to $161,000 [sic] and sent it to us as hurricane relief and I move
that we accept it in principle and turn it over to the Manager to convert
it...
Commissioner Alonso: Second.
Commissioner Dawkins: ...into American money and put it with the rest of the
money we have.
Mayor Suarez: I just want to clarify the currency exchange for the yen is not
all that favorable to the yen. I think we are talking about $161.00.
Commissioner Dawkins: Yes. $161.00.
Mayor Suarez: What do you want to do with it?
Commissioner Dawkins: Put it with the rest of the money that came from
Kagoshima.
Mayor Suarez: All right. So moved to put it in the same funds - Kagoshima.
Commissioner Alonso: Second, yes.
Commissioner Plummer: Sure, why not?
312 December 10, 1992
Mayor Suarez: Call the roll. They ought to do something about, the yen.
Commissioner Dawkins: Call the roll.
Commissioner Plummer: Call the roll. Get the $16OtO00.
Mayor Suarez: $161.00.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-819
A RESOLUTION ACCEPTING A CONTRIBUTION IN THE AMOUNT OF
21,000 YENS FROM THE CITIZENS OF CITY OF MIAMI SISTER
CITY, KAGOSHIMA, JAPAN, SAID CONTRIBUTION TO BE
CONVERTED TO UNITED STATES CURRENCY, WHICH IS
EQUIVALENT TO APPROXIMATELY $161,00, AND TO BE
DEPOSITED IN THE SPECIAL REVENUE FUND ENTITLED
"HURRICANE ANDREW RELIEF ASSISTANCE".
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
313 December 10, 1992
E
1 -
---------- ------ -----------------------ice.--------------� i�Y —nYl
70. DIRECT CITY MANAGER TO PREPARE A STUDY CONCERNING POSSIBILITY OF
COMBINING THE STAFFS OF THE SISTER CITY PROGRAM, THE INTERNATIONAL TRADE
BOARD (ITB) AND PROTOCOL, AND TO COME BACK WITH A RECOMMENDATION.
-------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, Mr. Mayor. Can I... This is not a pocket
item. Mr. Manager...
Commissioner Dawkins: It's not on the agenda, it's a pocket item.
Commissioner Plummer: I would like to ask that the Manager do a study and
come back to the Commission at the next meeting in reference to incorporating
Sister City with the International Trade Board and we also have at the present
time... The other one.
Commissioner Alonso: What is the "other one"?
Commissioner Plummer: Virgillo...
Mayor Suarez: Protocol Commission.
Commissioner Plummer: Protocol. Protocol I think in my estimation...
Commissioner Alonso: But isn't that a contradiction because...
Commissioner Plummer: No, much to the contrary.
Commissioner Alonso: Well, it belongs to the Mayor according to...
Mayor Suarez: Yes, there's a...
Commissioner Plummer: Protocol... Excuse me. Protocol is already with us.
We already have protocol.
Commissioner Alonso: I don't know how in world it got there but it belongs to
him.
Mayor Suarez: Protocol Commission should answer to the Mayor.
Commissioner Plummer: Excuse me. You do answer.
Mayor Suarez: We can explore ways of joining staff, if that is what you mean.
Commissioner Plummer: What I'm trying to say is to incorporate. We have the
staff, OK. We have the office space. I have an empty office and just seems
naturally to me that it would be put under the same umbrella that they go hand
in hand. Sister City is all international. Protocol is international.
Mayor Suarez: The only thing to worry about in term of protocol is that it
really seems to be one of the few thing that directly fail under the Mayor's
discretion...
314 December 10, 1992
� rrtwaaan'�+
4,
Commissioner Plummer: Still will, OK.
Mayor Suarez: ...and that what you have to make sure of.
Commissioner Plummer: That... That... I would ask the Manager to come back
and work that out.
Mayor Suarez: All right.
71. SECOND READING ORDINANCE: AMEND CODE SECTION 52.6-3 CONCERNING MIAMI
SPORTS AND EXHIBITION AUTHORITY -- ELIMINATE NECESSITY FOR SEPARATE
GROUPS BY HAVING ALL MEMBERS SERVE A ONE-YEAR TERM INITIALLY AND TWO-
YEAR TERMS THEREAFTER, EXCEPT COMMISSION MEMBERS, WHOSE TERMS SHALL BE
REVIEWABLE BY COMMISSION EACH YEAR. (See label 19)
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes, sir.
Commissioner Dawkins: We have an item we didn't finish this morning. Mr. De
Yurre, this is the ordinance about the Sports Authority...
Commissioner Plummer: What ordinance?
Commissioner Alonso: What?
Mr. Jones: Second reading.
Commissioner Dawkins: ...and the ordinance reads, amending the section that
"the necessary for separate groups by having all members...
Commissioner Alonso: We did that.
Commissioner Plummer: We did that.
Commissioner Dawkins: "...serving one year term of office commencing on
November 30th... "
Mayor Suarez: At the last moment, we didn't vote on it, J.L. Go ahead.
Mr. A. Quinn Jones III, Esq. (City Attorney): There were a change... There
was a clarification that needed to be made and you directed me to make the
clarification and bring it back. So that is what this is.
Commissioner Dawkins: I move it with the clarifications.
Commissioner Alonso: What is the clarification?
11 315 December 10, 1992
Mayor Suarez: Please. Ma'am, we've done incredible things for you. If we
have missed something, please work it out outside with the Administration. We
have a motion and second on that modification of the ordinance. Read the
ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE REPEALING ORDINANCE NO. 11026, ADOPTED
DECEMBER 10, 1992, CONCERNING THE GOVERNING BODY OF
THE MIAMI SPORTS AND EXHIBITION AUTHORITY, AND BY
AMENDING SECTION 52.6-3 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, THEREBY ELIMINATING THE
NECESSITY FOR SEPARATE GROUPS BY HAVING ALL MEMBERS
SERVE A ONE YEAR TERM OF OFFICE COMMENCING ON NOVEMBER
30, 1992 AND ENDING ON NOVEMBER 29, 1993, AND TWO YEAR
TERMS THEREAFTER, EXCEPT THE CITY COMMISSION MEMBER
WHOSE TERM SHALL RUN FOR ONE YEAR REVIEWABLE BY THE
CITY COMMISSION ON OR ABOUT 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.
Passed on its first reading by title at the meeting of November 12, 1992
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Alonso, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11028.
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.
316 December 10, 1992
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 10th day of December, 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 7:03 pm by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
Sergio Rodriguez, Assistant City Manager
Linda Kierson, Assistant City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
72. FIRST READING ORDINANCE: AMEND 10544 MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN (MCNP) -- CHANGE LAND USE DESIGNATION AT 3711 S.W. 26 TERRACE FROM
DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL. (Applicant: Bonzo
Enterprises, Inc.)
Mayor Suarez: PZ-1. If you say that loud enough, it's going to be picked up
in the transcript, Mr. Manager, and that's not a good idea. So... The
suggested way of solving Barbara's problem. I heard. I can see it in the
Herald's headlines, Manager says, "Look the other way." All right. PZ-1.
Mr. Joe McManus: Mr. Mayor, members of the Commission. This item is located
at 3711 S. W. 26 Terr. PZ-1 is request to change the comprehensive plan from
residential to the commercial designation. This...
Vice Mayor De Yurre: Just for the record, let's point out this came before us
three months ago.
Mr. McManus: In September.
Vice Mayor De Yurre: September... and I asked that it be revisited.
317 December 10, 1992
Mr. McManus: The Commission at that point voted for denial and Commissioner
De Yurre asked for reconsideration and the Commission voted to reconsider.
The item was recommended for denial by the Planning, Building and Zoning
Department. The Planning Advisory Board failed to come to agreement, so that
constituted a denial. This particular request is for Lot 9 which is currently
zoned residential and 1s shown in the gold color on the overhead transparency.
Purpose is to use Lot 9, in gold there, for parking in conjunction with Lot 10
which is shown in blue which is directly on Douglas Road. That commercial use
in blue is a 10,000 square foot. lot. Lot 10 is big enough, if properly
designed to accommodate the parking. We think if you use Lot 9 for parking,
you are going to merely compound the parking and access problems back on S.
W. 26 Terrace. On Lot 9 there currently is a residential home and this back
up in a well maintained residential district. There is ample commercial
zoning on Douglas Road to accommodate commercial uses and again rezoning would
constitute a commercial intrusion into a stable residential area. Thank you.
Commissioner Plummer: Joe, let me ask you a question.
Mayor Suarez: Wait, let just give him the recommendation there, please.
Commissioner Plummer: Oh, OK.
Mr. McManus: Recommendation is for denial.
Mayor Suarez: All right, sir.
Commissioner Plummer: My question is, is the map a true representation that
no one abutting the property, especially to the west, is in opposition?
Mr. McManus: That is my understanding from the map.
Commissioner Plummer: Thank you.
Mr. McManus: There were mail responses.
Commissioner Plummer: There were no response.
Mr. Sergio Rodriguez (Assist. City Manager): No. Let's check one second
on...
Commissioner Plummer: So, the old story kicks in, silence gives consent.
Mr. Rodriguez: Let's check one second on PZ-2 which is related. I think it
is the same situation, but just in case.
Mr. McManus: PZ-2...
Mr. Rodriguez : Less opposition than that.
Mr. McManus: PZ-2 is a change in zoning.
Commissioner Plummer: The people... For the record, the people who will be
most directly affected have not voiced an opinion and have definitely not
voiced an objection.
318 December 10, 1992
KY
Mr. Rodriguez: Correct.
Commissioner Plummer: Thank you.
Mayor Suarez: How many people here on this item? Raise your hands if you are
here on P2'-1.
Commissioner Plummer: Or 2.
Unidentified Speaker: In favor?
Mayor Suarez: Let the record reflect... Are you in opposition?
Vice Mayor De Yurre: No, they're the owners.
Commissioner Alonso: Favor.
Mayor Suarez: Favor. And you're in favor, obviously. Not obviously but you
are in favor.
Vice Mayor De Yurre: Is there any opposition?
Mayor Suarez: There's no one opposed?
Vice Mayor De Yurre: I would move the item, Mr. Mayor.
Commissioner Alonso: I move.
Mayor Suarez: Move the item. Seconded by Commissioner Alonso. We are not
going to swear you in unless we need to swear you in. Read the ordinance.
Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE
PROPERTY LOCATED AT 3711 SOUTHWEST 26TH TERRACE,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN),
BY CHANGING THE LAND USE DESIGNATION OF THE SUBJECT
PROPERTY FROM DUPLEX RESIDENTIAL TO RESTRICTED
COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE
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 De Yurre and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
319 December 10, 1992
AYES: Commissioner Miriam Alonso
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I'm voting favorably simply because of the people who,
in my estimation, would be most directly affected, have not responded, plus
the fact that down to the south of this location there will be no other
encroachment because of the street. I'm voting yes.
73. FIRST READING ORDINANCE: AMEND 11000 ATLAS FROM R-2 TWO-FAMILY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL AT APPROXIMATELY 3711 S.W. 26
TERRACE. (Applicant: Bonzo Enterprises, Inc.)
------------------------------------------------------------------------------
Mayor Suarez: PZ-2.
Vice Mayor De Yurre: Move, second. Move two.
Mayor Suarez: It's a companion item?
Vice Mayor De Yurre: Yes.
Commissioner Alonso: Yes.
Commissioner Plummer: Yes.
Mayor Suarez: Companion item moved. Seconded from Commissioner Alonso. Read
the ordinance. Call the roll.
320 December 10, 1992
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE
ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL
TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED
AT 3711 SOUTHWEST 26 TERRACE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Vice Mayor De Yurre and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING THE ROLL CALL:
Commissioner Plummer: Previous statement, I vote the same way.
321 December 10, 1992
Ell,
i-Ali--iY---------------- ►- --------- -----w------------.--------r-------------
74. DENY APPEAL OF ZONING BOARD'S DENIAL FOR CLASS I SPECIAL PERMIT
APPLICATION FOR A POOL HALL WITH A PRIVATE CLUB AT APPROXIMATELY 304
S.W. 8 AVENUE.
------------------------------------------------------------------------------
EMOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT ARE
STATEMENTS IN SPANISH. FOLLOWING EACH AND EVERY
STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION
INTO ENGLISH OR SPANISH, AS THE CASE MAY BE. SPANISH
STATEMENTS WILL BE DENOTED BY CAPITAL LETTERS.
TRANSLATION WAS MADE BY MAYOR XAVIER SUAREZ.]
Mayor Suarez: PZ-3. OK. We have a court reporter. Are you on PZ-3, ma'am?
Sounds like we're going to have to swear everybody in.
Commissioner Alonso: Yes.
Mayor Suarez: All those who wish to be heard on Item PZ-3, for or against,
OK. Anyone on PZ-3. How many people... raise your hands if you are here on
Item PZ-3. SI ESTA AQUI PARA EL ASUNTO QUE ES PZ-3... OK. LOS QUE VAYAN A
HABLAR... All those who are going to speak, raise your right hand and be
sworn in on both sides. LOS QUE VAYAN A HABLAR, TESTIFICAR...
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMON;' ON ZONING ISSUES.
Commissioner Plummer: May I ask for the record of the Administration, did the
applicant agree to all of the conditions that were set forth?
Mr. Sergio Rodriguez (Assist. City Manager): No, that's why he's appealing.
Commissioner Plummer: Well, I'm asking did he... He did not.
Mr. Rodriguez: No.
Mr. Joseph Genuardi: No.
Commissioner Plummer: OK. Thank you.
Mayor Suarez: OK. Joe, tell us what it's about and then we'll ascertain who
is here in support and who is against and who is neutral, et cetera.
Mr. Genuardi: OK. This is an appeal of the Zoning Board's decision upholding
my issuance of a Class 1 permit for a pool hall with two pool tables - two or
three, three pool tables - and setting additional conditions above those which
I had set. And the appellant... since this is an appeal, the appellant will
present their case first.
Mayor Suarez: What is the standard by which we decide a case of this sort?
322 December 10, 1992
ON rw
Mr. Genuardi:
Standard as far
as approving or not approve...
Mayor Suarez:
Yes, I mean,
other than the fact that we may have
our own
subjective criteria,
what are
the objective criteria in the statute?
Mr. Genuardi:
We119 1f they
meet the zoning requirements inso far
as the
location...
Mayor Suarez: Compatibility with the neighborhood, the usage and its
surrounding area...
Commissioner Alonso: Yes, definitely. It's stated in the Code.
Mr. Rodriguez: For all the special permits...
Mayor Suarez: I just don't remember doing any pool halls lately. I forgot
what the...
Mr. Rodriguez: For all the special permits, you have the issue of egress and
ingress, off-street parking, unloading, refuse and service areas, signs and
lighting, utilities, drainage, preservation of natural features. And the one
you're referring to, specifically in this particular case, the control of
potentially adverse effects generally. And that is the one that deals with
the impact of the neighborhood and in the area.
Mayor Suarez: OK. Who do we hear from first? Who is the appellant? All
right, sir.
Mr. Leonard Rubin: Leonard Rubin, attorney, Sinclair, Louis, Heath, Alfred
Dupont Building, Miami, Florida.
Commissioner Plummer: Who are you representing, sir?
Mr. Rubin: The appellant, sir, Mr. Manuel Reyes.
Commissioner Plummer: And have you registered with the City Clerk?
Mr. Rubin: Yes, sir.
Commissioner Plummer: Thank you.
Mr. Rubin: Friedman, Lombardi & Gendron are reporting. Mr. Genuardi issued
the Class 1 Special Permit, and I'm giving you the history of this matter.
And in his report of September 10, 1992, he stated "after considering all
recommendations and reviewing all requirements and criteria of Zoning
Ordinance 11000 as amended, I find that the proposed use is in conformity with
the terms, requirements and purposes of this Ordinance. And, therefore, grant
this special permit for a pool room with the limitations as listed: 1. No
video games; 2. No food preparation; 3. No beer, wine or liquor sold or
consumed on the premises; and, 4. No activities outside the enclosed
premises." That was fine and my client could live with it, but the other side
or someone in the community took an appeal. Mr. Genuardi, Zoning
Administrator, had based his decision to grant this special permit based upon
the report of Joel Maxwell, Chief Assistant City Attorney. Mr. Maxwel11s
323 December 10, 1992
. _.. . _..... _ .. .
rim
report of September 21, 1992 stated, "The City of Miami may not withhold
issuance of any land use approval if the applicant for such approval has met
all requirements. If an applicant for a Class 1 Special Permit satisfies the
requisites for such, said permit's issuance, under the Zoning Ordinance should
be issued immediately. It being axiomatic that the governing body or official
may only act on an application for a permit in accordance with governing
regulations. Any deviations from the standards and criteria set forth in
applicable regulations indicates that the official may be acting arbitrarily.
Thus, such action is impermissible. If there are alleged criminal activities
associated with an authorized zoning use, the remedy is to utilize the
Nuisance Abatement Board procedures of Chapter 45.5 of the City Code to limit
such public nuisances. The City Zoning Ordinance does not deal with criminal
activities. It is a land use regulatory instrument." Despite the report of
the Chief Assistant Attorney and the decision of the Administrator ... Zoning
Administrator, the Zoning Board on appeal determined that the appeal was
without merit and denied it, but then on separate motion increased the
conditions, to wit no video games, well, that part of Mr. Genuardi's and we
have no problem with that; no food preparation on premises, and we have no
problem with that; no liquor sold or consumed on the premises, and we have no
problem with that; no outside activities and here is where we start having
problems. Hours of operation from 10:00 a.m. to 9:00 p.m., six days a week
excluding Sundays. No loud speakers, we don't have a problem with that
either; no one allowed under 18 years of age, we don't even have a problem
with that; and a security guard, licensed, uniformed and armed at all times.
Now, this is not a bar. It's not a bank. It's not a jewelry store. I
respectfully submit that the conditions are so restrictive that in effect they
deny my client the practical use of the permit that he'd been granted. I
cannot conceive why a pool room with three tables, a mom and pop operation...
This is not a pool hall with 20 tables, something you can see in your mind's
eye from the movies with Jackie Gleason bending over one of many tables in a
smoke filled room with bets being made. This is a three table pool room and
so I cannot personally conceive of why the hours of operation are only 10:00
a.m. to 9:00 p.m. Why it's limited to six days a week excluding Sundays? Why
there has to be a security guard who is licensed? I don't know who is going
to be licensed by. I presume the State of Florida. He's got to be in
uniform. I don't know which uniform, I presume it some private uniform not a
City of Miami officer. And he's got to be armed. Now, I presume that's
talking about a gun. Now, I just cannot conceive of why that has to be. So,
I have...
Mayor Suarez: So you're asking us to change... He's asking us to change our
ordinance? Is that... What are the rules he was reading from?
Mr. Rubin: I was reading from...
Commissioner Alonso: Requirements.
Mr. Rubin: ...the Zoning Board's restrictions...
Mr. Rodriguez: Right.
Mr. Rubin: ...on this Class 1 Permit.
Mayor Suarez: You're asking us to deviate from those?
324 December 10, 1992
Mr. Rodriguez: No,
Mr. Rubin: I'm asking you to strike them down as whimsical and capricious...
Mayor Suarez: More than deviate.
Mr. Rubin: More than deviate.
Mayor Suarez: Just strike them down for all purposes, not only this one, but
others.
Mr. Rodriguez: This is not...
Mr. Rubin: Well, I'm only talking about this one.
Mayor Suarez: Well, we don't usually have the power to do that, of course.
Mr. Rodriguez: Any special permit you can impose additional conditions.
Mayor Suarez: Can we waive?
Mr. Rodriguez: You can waive certain things.
Mayor Suarez: So, is that a fair statement? -that he's asking us to waive
him after this one then.
Mr. Rodriguez: He's asking you not to agree with the Zoning Board's
additional conditions, apparently, and stay with the conditions imposed by the
Zoning Board.
Mayor Suarez: OK.
Mr. Rodriguez: I think he agrees with some of the conditions from the Zoning
Board, but not with all of them.
Mayor Suarez: OK. I thought he had read from some that were built into the
code and regulations. They were imposed somewhat at the discretion of the
Zoning Board.
Mr. Rubin: No, Mr. Mayor.
Mr. Rodriguez: This is one case that the use is not permitted but permissible
if you want to place conditions.
Mayor Suarez: I thought he was reading from something that was already...
Mr. Rodriguez: No. OK.
Mayor Suarez: ...in a regulatory form. All right.
Mr. Rubin: No, sir. This... I was reading from Resolution ZB113-92 and these
additional restrictive conditions are so unreasonable and so capricious that
it denies Mr. Reyes the effective use of that permit that was granted to him.
325 December 10, 1992
h) Sys_
s
In effect, these conditions were not contemplated by the Zoning Ordinances -
an armed security guard, with the hours, and so forth. It's not rationally
related to the Zoning Ordinances. In effect, what it does is attempt to...
Mayor Suarez: Do I gather somehow that the argument is not really going to be
over whether the security guard is going to be armed or not, but whether the a
hours of operations or the very existence of the pool hall at all? I mean I
can't imagine that this whole issue depends on whether the guard is armed or
not. Because if 1t does...
Mr. Rubin: Of course not.
Mayor Suarez: ...you know, we're going...
Mr. Rubin: First of all we have...
Mayor Suarez: It's unusual for a Zoning Board to say that an officer has to
be armed... security guard has to be armed and... that would be questionable,
if challenged in court. Go ahead.
Mr. Rubin: Mr. Mayor, I've never really heard of a three -table pool hall,
mom and pop operation, having to have a guard at all.
Mayor Suarez: Well, I've never heard too many moms and pops going to those
pool halls either. So, I mean...
Mr. Rubin: Well, that's who runs it... That's who operates it.
Commissioner Alonso: No, actually... actually, and I'm not trying to compare
the proposed business to previous operations that existed at this particular
site, but it has been a very unpleasant experience for the neighborhood. You
have to remember that this is across the street from a park where children
play. And it has been a history of problems in that particular... And it was
indeed two or three tables and it has been a nightmare for the neighbors and
the City of Miami. I personally have been involved in the process and I tell
you, sir, whether mom or pop operation or 10 tables or 100, I think two tables
could create lots of problems. Indeed, it has happened in that neighborhood.
Mr. Rubin: Madam Commissioner, I think that you're attempting to fashion a
remedy which was not considered by the Zoning ordinance of the City. But,
instead you are utilizing the Nuisance Abatement Board procedures in a zoning
ordinance and the purposes are quite different. If my client should commit
some activity which requires nuisance abatement, there 1s a procedure for so
doing. It is not in advance to so restrict him so that his overhead is such
that he cannot effectively utilize his permit and that is the point. So what
we have is the granting of a permit by the Zoning Administrator, an opinion by
the Chief Assistant City Attorney saying that it should be done. It would be
whimsical not to do it, when the man complies with all the ordinances. And
then for the Zoning Board to say in effect, well, we are going to utilize
nuisance abatement procedures by adding on these additional requirements. So,
what we are saying in effect is that Mr. Reyes is effectively denied the use
of the permit which he is granted by with one hand of the City and then in
another the restrictions are so heaped upon him that he cannot make a living
from the use of it. Now, you say that there is a park across the street,
326 December 10, 1992
etc x
there's a school nearby. Yes, we understand all that, but if there is any
problem that is created, there is another arm of the City, the Nuisance
Abatement Board that can step in and handle that. But in the first instance,
we respectfully submit that it is not right to so restrict him going in, so
that even if he was able to operate an operation that did not have any
nuisance involved, he can't make a living from it. Thank you.
Vice Mayor De Yurre: Mr. Mayor, I would move at this time that we uphold the
Zoning Board's decision and deny the appeal.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Commissioner Plummer: I... I want... Mr. Mayor, I beg of my colleague and
I'm so prone at this time, but I'm sure this is going to court and I think
that we should at least...
Vice Mayor De Yurre: I'm upholding it for the reasons given by the Zoning
Board.
Commissioner Plummer: Well, I think we should at least give a few minutes
opportunity to the opposition to state their case as a normal procedure would
be that we hear from the appellate, the other side and then give him a final,
I think we should...
Mayor Suarez: Typically, if you anticipate that the ruling will favor them,
you can do sufficient by hearing them and the appellate and the City's
position well documented. Do we need to put more into the record and then...
Mr. Rodriguez: I would like to add something more into the record, if
possible.
Commissioner Plummer: That is what I'm talking about.
Mayor Suarez: Yes.
Vice Mayor De Yurre: Go ahead.
Mr. Rodriguez: I would like you to make sure in making your decision that you
give due consideration to the potentially adverse effects generally on
adjoining nearby properties in the area, the neighborhood and the City for the
use or occupancy as proposed and the character scale and manner of operation
and...
Vice Mayor De Yurre: I have.
Mr. Rodriguez: ...and where such potentially adverse effects are found that
you give it special remedial measures appropriate in the particular
circumstances of the case...
Vice Mayor De Yurre: I am.
327 December 10, 1992
M
Mr. Rodriguez: ...to control the manner or hours of operation and measures
which, if you were to follow them, would assure that potential adverse will be
eliminated or minimized. And the use of occupancy will be compatible and
harmonious with the other developments in the area to a degree which would
avoid substantial depreciation of the value of the nearby property.
Vice Mayor De Yurre: You read my mind.
Mr. Rodriguez: And I read your mind and the Zoning Ordinance Section 1305.8,
which is a great...
Commissioner Alonso: Yes.
Commissioner Plummer: When you read his mind... For the record, when you
read his mind, obviously, you were very brief.
Mr. Rodriguez: I tried.
Vice Mayor De Yurre: Ha, Ha, Ha.
Mayor Suarez: Anything further? We have a motion and a second. Any
discussion now? Please call...
Commissioner Plummer: Mr. Mayor, I think that you should offer rebuttal to
the... to the appellate.
Mayor Suarez: Yes, counselor.
Commissioner Plummer: If he wishes for rebuttal, it's up to him.
Vice Mayor De Yurre: Well, it's really nothing to rebut, but he can... you
know...
Commissioner Plummer: Well, that's up to him, if he wishes to have rebuttal,
you give him that opportunity.
Vice Mayor De Yurre: On to add, because nothing has been said that... to be
rebutted.
Mayor Suarez: You're not, tonight, the greatest parliamentarian in the world.
If the opposition hasn't said anything, then there is really no rebuttal.
But, go ahead, counselor.
Mr. Rubin: As you say, Mr. Mayor, there's nothing to rebut.
Commissioner Alonso: Do we have any citizens in support of his position?
Commissioner Plummer: No.
Mayor Suarez: OK. All those who are on the opposing side, raise your right
hand one more time. Raise your hands. LOS QUE ESTAN EN CONTRA. OK. That
gives us an idea.
Commissioner Alonso: Y A FAVOR?
328
December 10, 1992
3
Mayor Suarez: Y ALGUNO A FAVOR? Anybody in favor?
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Suarez: OK. Do you want to introduce any testimony from citizens in
favor?
Mr. Rubin: Mr. Reyes.
Mayor Suarez: OK. You can... You speak very good English, ma'am, you can
come up here and say it.
Mr. Manuel Reyes: MI NOMBRE ES MANUEL REYES. YO TENGO 22 ANOS EN ESE LUGAR Y
YO HE SIDO UN HOMBRE HONESTO, TRABAJADOR, HONRADO. AHI NUNCA HAN HABIDO
PROBLEMAS. AHI SOLAMENTE, LOS PROBLEMAS QUE HAN HABIDO, ES DEL SENOR CAPOTE
PORQUE NO TIENE PARQUEO. HA LLAMADO A LA POLICIA EN DISTINTAS OCASIONES
PORQUE LOS CLIENTES MIOS OCUPAN ALGUNOS DE LOS PARQUEOS QUE EL NECESITA PARA
SU CINE PORQUE EL NO TIENE SUFICIENTE PARQUEO PARA LAS PERSONAS QUE LLEGAN A
VER LAS... E INCLUSO, HAY UN GRANDISIMO PROBLEMA. AHI LOS CARROS SE PARQUEAN
ARRIBA DE LAS ACERAS. AHI NO SON RESPETADOS LOS signs DE "NO PARQUEO." NO
SON RESPETADAS LAS AREAS VERDES. SE PARQUEAN LOS CARROS ARRIBA. SOLAMENTE
ESTE POLICIA HA TENIDO VALOR DE PONERLE ticket CUANDO NOSOTROS LO LLAMAMOS,
OCTAVIO PIEDRA. AHI, ESE SENOR CAMPEA Y HACE LO QUE QUIERE, Y A MI SE ME PONE
RESTRICCIONES PARA QUE YO ABRA UN NEGOCIO MAS EN MI shopping. CUAL ES LA
RAZON?
TRANSLATION: My name is Manuel Reyes. I'm 22 years old. And, no, I've been
living 22 years in that area. I'm honest, hard working man. We have never
had any problems in that area. The problems have been existing in the area
have been occasioned by Mr. Capote because he doesn't have enough parking. He
has called the police a few occasions because some of my clients use up some
of the parking spaces that he would like to have or needs for his movie
theater or theater because he doesn't have enough parking spaces for the
people who patronize his facility. Furthermore, there is a great problem
there, the cars have to park on top of sidewalks. People don't respect the no
parking signs. People don't respect the green areas, they park on top of
them, the landscaped areas. The only officer who has had the courage or guts
to give tickets to the people, when we call them, is the officer named Octavio
Perez, he is indicating. This gentleman, Mr. Campea, does whatever he wants.
And in my case, on the contrary, I'm restricted in many ways.
Commissioner Plummer: Do you own the building there presently?
TRANSLATION: USTED ES EL DUENO DE SU PROPIEDAD?
Mr. Reyes: ES MI PROPIEDAD. TENGO 22 ANOS EN ESE LUGAR.
TRANSLATION: Yes, it is. Yes, I've been 22 years there.
Commissioner Plummer: And what kind of business have you been operating there
for the past 22 years?
TRANSLATION: QUE CLASE DE NEGOCIO USTED TIENE AHI?
Commissioner Alonso: POR LOS ULTIMOS 22 ANOS.
329 December 10, 1992
t";Lf�z
7
Mr. Reyes: YO TENGO UN Coin laudry Y UN coffee shop. Y AL LAdO RENTO, MAY UNA
PARMACIA, ESTA EL BILLAR, ESTA UNA FLORERIA, UNA BARBERIA Y UNA BOTANICA.
TRANSLATION: He has a coin laundry and a coffee shop and then there's a
pharmacy or drug store and then a pool hall, barber shop and a botanica.
Mayor Suarez: No real good translation on that one.
Commissioner Plummer: The what?
Mayor Suarez: "Botanica," they sell religious articles...
Commissioner Plummer: Oh.
Mayor Suarez: ...related to...
Commissioner Plummer: Santeria.
Mayor Suarez: Right, non-traditional churches.
Commissioner Alonso: Y USTED MISMO ESTA ABRIENDO ESTE NEGOCIO? You're
opening this business yourself?
Mr. Reyes: YO MISMO ESTOY ABRIENDO ESE NEGOCIO. YO SOY UN HOMBRE HONESTO,
SENORA, UN HOMBRE HONRADO. UN HOMBRE QUE TENGO 22 ANOS Y LA POLICIA NO PUEDE
DECIR DE MI NADA. YO ME LEVANTO TODOS LOS DIAS A LAS 4:00 DE LA MANANA A
DARLE UN SERVICIO A LA COMUNIDAD, AL BARRIO. POR MUCHOS ANOS ESTOY HACIENDO
ESO.
Translation: Yes. I'm doing it myself. I'm an honest man. The police
cannot say anything about me that is negative. I wake up every morning at
4:00 o'clock to try to serve the community. To... and I've been doing it for
many years.
Commissioner Alonso: USTED ERA EL DUENO DEL NEGOCIO ANTERIOR TAMBIEN?
Mr. Reyes: EL DUENO DEL NEGOCIO.
TRANSLATION: Yes, I'm the owner of the business.
Commissioner Alonso: DEL NEGOCIO DE...
Mr. Reyes: Y EL DEL shopping TAMBIEN.
Commissioner Alonso:...DEL NEGOCIO DEL BILLAR ANTERIORMENTE?
Mr. Reyes: SI, SENORA.
Commissioner Alonso: USTED OPERABA EL BILLAR?
Mr. Reyes: NO, OTRO SENOR OPERABA EL BILLAR.
Commissioner Alonso: OTRA PERSONA OPERABA EL BILLAR.
Mr. Reyes: SI.
Commissioner Alonso: USTED NO ERA, PERO USTED ES EL DUENO DEL EDIFICIO.
330 December 10, 1992
Mr. Reyes: NO, YO NO ERA.
Commissioner Alonso: PERO USTED AHORA VA A OPERAR EL BILLAR.
Mr. Reyes: YO SOY LA PERSONA QUE VA A OPERAR EL BILLAR.
Mayor Suarez: He's clarifying for the record that he is in fact the person
that will be operating the pool hall.
Commissioner Plummer: Have you ever been convicted of a crime, sir?
Mr. Reyes: DE NADA. YO SOY UN HOMBRE HONESTO, HONESTO, HONEST09 HONRADO.
TRANSLATION: Never. I'm a honest man and law abiding.
Mayor Suarez: Right? Anything else counselor? Anyone else? The lady seems
to speak good English. No.
Mr. Rubin: No, sir. Thank you.
Mayor Suarez: All right. Is she raising her hands there? Your name, ma'am.
Ms. Miriam Pena: Good evening, my name is Miriam Pena. And I'm talking on
behalf of the other people. Even if there's few. We want to make justice
here...
Mayor Suarez: Do you live in that area? And if so, can you give us your
address please?
Ms. Pena: No, I'm not. If you're asking me the area, you can...
Mayor Suarez: OK. But where do you live? Where...
Ms. Pena: ...ask every people that are sitting here they are not even in the
block.
Mayor Suarez: But the people who speak are suppose to tell us where they live
or give us an address.
Ms. Pena: Oh, yes I do. I live in 350 East 59th Street in Hialeah.
Mayor Suarez: All right.
Ms. Pena: OK. I know it's not Dade County. I know it's Hialeah but I wish
to have my freedom of speech tonight.
f Mayor Suarez: Yes, ma'am.
Ms. Pena: Because...
Mayor Suarez: All you have to do is tell us where you live. That's all.
Ms. Pena: I think it's unfair, that raising hands, people who don't belong in
the area, not even the block. Just because they're employees of Teatro Marti
331 December 10, 1992
11
V�k
and friends that comes here to have their own opinions. So, I'm entitled to
my opinion too because they don't live there.
Mayor Suarez: Yes, yes and they're entitled to raise their hands too.
Ms. Pena: Me either too. So, they're pointing the issues of condemning
something that didn't even happen. They don't know if Mr. Reyes... They're
telling you the background of the guy and they are pointing that it's going to
be trouble... it's going to be trouble... and it's going to be trouble. I
mean it's trouble all over everyday, sir. Three blocks away we got another
billiard. OK. Now, nobody pointed that. Why mere person from Teatro Marti
they don't point in the other pool hall three blocks away from there? Why
only Mr. Reyes? They won't give him a chance to open one more business in the
block. They got flower shop. They got the Teatro Marti. They got a laundry
shop, cafeteria and a pool, too. Three blocks away it's another one. Why he
insisting, persisting against Mr. Reyes? The guy approved the issue. They
accept his license. He's able, decent citizen that is going to pay money for
the City and going to pay taxes. Why they don't give him the opportunity to
have his business?
Mayor Suarez: Question? OK. When you finish...
Commissioner Alonso: May I ask... May I ask a question?
Mayor Suarez: Yes.
Commissioner Alonso: What is your relationship that you have
coming from
Hialeah? Are you involved in the transaction...
Ms. Pena: My father... My father, the gentleman with the white
jacket. He
doesn't speak English. He's an associate that is with Mr. Reyes.
Commissioner Alonso: I see.
Ms. Pena: I'm talking on behalf of my father.
Commissioner Alonso: I understand.
Mayor Suarez: The partner, all right.
Ms. Pena: I mean, he's a honest citizen, too. We never been
operating in
that area and we just want to invest the money in the business.
Commissioner Alonso: OK. I understand.
Mayor Suarez: All right. Counselor, quick question.
Mr. Rubin: Yes, Mr. Mayor.
Mayor Suarez: What is the situation with the... drinking in this
facility? I
didn't pick it up. What are the hours or if any... What... in this pool
hall?
Mr. Rubin: 10:00 a.m. to 9:00 p.m.
332 December 10, 1992
� 3
tiJoah
Mayor Suarez: What kinds of alcohol?
Mr. Rubin: Monday through Saturday. No Sundays.
Mayor Suarez: What alcoholic beverages are we talking about? Any?
Mr. Rubin: None.
Mayor Suarez: None? No beer, no wine, nothing.
Mr. Rubin: Correct.
Mayor Suarez: All right. And the hours recommended are 10:00 to 9:00?
Mr. Rubin: Correct.
Mayor Suarez: And...
Mr. Rubin: Now, that's recommended...
Mayor Suarez: By the Zoning Board.
Mr. Rubin: ...by the Zoning Board.
Mayor Suarez: You don't abide by those?
Mr. Rubin: Over and above those conditions which the Zoning Administrator
initially required.
Mayor Suarez: And you were trying to get hours, such as...
Mr. Rubin: Certainly, less restrictive than that.
Mayor Suarez: But you don't have a proposal. Specific proposal just so I
would know.
Mr. Rubin: 9:00 a.m. to 11:00 P.M.
Mayor Suarez: All right. There's some room for compromise between 9:00 p.m.
and 11:00 p.m.
Commissioner Alonso: Yes, very close... some...
Mayor Suarez: I suppose that's 10:00 p.m.
Commissioner Alonso: Yes.
Mayor Suarez: If you are going to draw a lot of young people over 18... Most
young people do not... who are over 18, young adults don't go, you know, sleep
before 10:00 p.m. At least if my kids are any experience and they're lot
younger actually.
333 December 10, 1992
Mr. Rubin: They're better off there than out on the streets where you don't
know where they are or what they are doing.
Mayor Suarez: The motion doesn't contemplate any modifications whatsoever to
what the toning Board recommended? Not even a possible extension of 10:Ob
p.m.? Counselor, does that... will that be something that your clients will
find most objectionable?
Mr. Juan Mayol: For the record, Juan Mayol, attorney with address at 1221
Brickell Avenue. My client finds the use objectionable.
Mayor Suarez: I see.
Mr. Mayol: There is nothing against the operator of the use. We don't
think...
Mayor Suarez: So, you're trying to make it as restrictive as possible.
Mr. Mayo]: As restrictive as possible.
Mr. Rubin: Can we ascertain who his client is?
Mayor Suarez: Yes, who specifically do you represent?
Mr. Mayo]: I represent the corporation that owns the Teatro Marti.
Mayor Suarez: What's the name of that? We've dealt with them before.
Mr. Mayol: Eighteen Thirty Enterprises, Inc., d/b/a Teatro Marti.
Mayor Suarez: OK. All right. Commissioners, we've got a motion and
second.
Mr. Gonzalez-Goenaga, go ahead, give us a short one.
Mr. Gonzalez-Goenaga: Well, since I believe in solving problems, I
suggest
that we put the pool table here in City hall. Thank you. Good night.
Mayor Suarez: You know, I always have a hope that you're going
to say
something intelligent and you always dash it.
Mr. Mayol: Mr. Mayor, could I just take two minutes of your time?
Mayor Suarez: Yes.
Mr. Mayol: When the counselor talks about three pool tables, he
somehow
forget that there will be six domino tables.
Mayor Suarez: Six what?
Mr. Mayo]: Domino tables. And I...
Mayor Suarez: That's awful.
Mr. Mayol: I never been to a domino game when you haven't gambled. I do
have...
334 December 10, 1992
Mayor Suarez: You haven't been to domino games where they don't gamble? Now,
come onl You don't mean that seriously.
Mr. Mayol: Seriously. I have brought a few people who wanted to address the
City Commissioner including...
Mayor Suarez: Your office is at 1221 Brickell?
Mr. Mayol: 1221 Brickell.
Mayor Suarez: Big time law firm. You got to spend a little time in Southwest
Eight Street. See a lot of people playing domino that don't gamble.
Mr. Mayol: Well, I actually spent quite a bit of time in the neighborhood of
Teatro Marti.
Mayor Suarez: I have not seen any gambling over there, over dominoes.
Mr. Mayol: We had ... We had asked Mr. Pablo Canton to join us tonight. He's
the, as you know, he is the administrator of the Little Havana Neighborhood
Enhancement Team. And also Officer Nogues who wanted to address the
Commission. If you want to hear from them, Mr. Nogues is here. Mr. Canton,
unfortunately, had to leave, his father is ill in the hospital.
Mayor Suarez: Right.
Mr. Mayol: So he had to leave. You have his memo...
Mayor Suarez: I gather the officer also wants to have this as restrictive as
possible, right?
Unidentified Speaker: That's correct.
Mayor Suarez: I saw him nodding before when we talked about some of this.
Mr. Mayol: We also have two teachers. One teacher, one guidance counselor
from the school nearby who came down to object to the opening of the pool
hall. Also, I want to clarify one point have been raised by counselor. The
memorandum from the City Attorney contemplated that the pool hall would meet
all the requirements of the Zoning Ordinance. It was an if... If the pool
hall meets all the requirements, then it should be granted. The class one
permit should be granted. One of the... As Mr. Rodriguez pointed out to you,
Section 1305 allows you to consider the effect of the proposed use on the
area.
Mayor Suarez: Yes, we saw that.
Mr. Mayol: It also allows you to impose conditions and safeguards to make the
use as compatible with the area as possible.
Mayor Suarez: All right. Well, you made a very compelling argument.
Anything further, Commissioners? If not, we'll call the roll.
335 December 10, 1992
Commissioner Dawkins: Yes.
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: Mr. Rodriguez...
Mr. Rodriguez: Yes.
Commissioner Dawkins: Read again into the records the reason that the Zoning
Board denied this appeal because counselor just said something to the effect
that the neighbors complained, teachers complained and that counselors
complained. But I do not think that the appeal is being denied because those
people complained. Is that a correct statement, sir?
Mr. Rodriguez: Well, let me clarify that the Zoning Board didn't deny the
appeal. The Zoning Board imposed further conditions on this case.
Commissioner Dawkins: OK. Thank you.
Mr. Rodriguez: And I think the criteria...
Commissioner Dawkins: But you did not impose them because a teacher
complained or because a counselor complained or because a neighbor complained.
Mr. Rodriguez: I'm sorry?
Commissioner Alonso: Of course not.
Commissioner Dawkins: You did not impose stricter...
Mr. Rodriguez: No, no, sir.
Commissioner Dawkins: Because it was... it is the law?
Mr. Rodriguez: Right.
Commissioner Dawkins: Thank you.
Mayor Suarez: Where does the lady live that ate all of my candy? Are you
with this matter?
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Suarez: USTED VIVE EN ESTA AREA?
Commissioner Plummer: NO, the ALCALDE? NADA ESPANOL.
Mayor Suarez: DONDE?
Mr. Rubin: I'm the only one that don't understand what's going on here.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Suarez: Very good. OK.
336 December 10, 1992
Mr. Mayo1: We do have a few other residents, if you want. I can identify them
for you.
Mayor Suarez: Well, since she made the statement that most of the people
didn't live in the area. If you want to ask them which one do in fact live in
the area. LOS QUE DE VERDAD VIVEN EN EL AREA, LEVANTEN SU MANO. Thank you.
All right, Commissioners. We have a motion and second. Please call the roll.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 92-820
A RESOLUTION DENYING AN APPEAL FROM AND AFFIRMING THE
DECISION OF THE ZONING BOARD TO GRANT THE CLASS I
SPECIAL PERMIT APPLICATION 92-0395 FOR A POOL HALL
WITH THREE (3) TABLES IN CONNECTION WITH A PRIVATE
CLUB FOR PROFIT, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL,
CONDITIONAL PRINCIPAL USES, NUMBER 9, UPHOLDING THE
DECISION OF THE ZONING ADMINISTRATOR IN THE APPROVAL
ON SEPTEMBER 10, 1992, WITH CONDITIONS, OF THE CLASS I
PERMIT, WITH THE FOLLOWING ADDITIONAL CONDITIONS: TO
BE REVIEWED EVERY SIX (6) MONTHS BY THE ZONING BOARD,
NO VIDEO GAMES, NO FOOD PREPARATION ON THE PREMISES,
NO LIQUOR SOLD OR CONSUMED ON PREMISES, NO ACTIVITIES
OUTSIDE THE ENCLOSED PREMISES, HOURS OF OPERATION FROM
10:00 A.M. TO 9:00 P.M., SIX (6) DAYS A WEEK EXCLUDING
SUNDAYS, NO LOUDSPEAKERS, NO ONE ALLOWED UNDER 18
YEARS OF AGE, AND A SECURITY GUARD LICENSED, UNIFORMED
AND ARMED AT ALL TIMES WHILE THE PREMISES ARE OPEN FOR
BUSINESS, FOR THE PROPERTY LOCATED AT 304 SOUTHWEST
8TH AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), ZONED C-1 RESTRICTED COMMERCIAL.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
337 December 10, 1992
Mayor Suarez: She better live there. She took all my candy and she said
lived there, so...
rr mow. ..------------- --------------------- -----------------------------------
75. SECOND READING ORDINANCE: AMEND CODE BY ADDING NEW CHAPTER ENTITLED:
FLOOD DAMAGE PREVENTION -- PROVIDE FOR DEFINITIONS, ETC.
Mayor Suarez: All right. PZ-4.
Commissioner Plummer: Tell me...
Mr. Sergio Rodriguez (Assist. City Manager): PZ-4 is the second reading of
the ordinance to amend the Flood Plan Management Ordinance.
Commissioner Alonso: Move.
Commissioner Plummer: Is this... Let me ask you ... Second. Is this the
ordinance that make you elevate the houses? What is this ordinance actually
proposed to do?
Mr. Hector Lima: This ordinance is...
Mr. Rodriguez: Mr. Lima from the Planning, Building and Zoning Department.
Mr. Lima: I'm sorry. Hector Lima, Planning, Building and Zoning. This
article is taking over Dade County's restrictions over flood criteria. The
City of Miami is taking over these responsibilities. This is in existence
since 1974.
Commissioner Plummer: The City will take over the responsibility?
Mr. Lima: Yes, sir.
Commissioner Plummer: Fine.
Mayor Suarez: All right.
Commissioner Plummer: Call the roll.
Mayor Suarez: Moved and seconded. Read the ordinance. Do we have a motion
and second, madam City Clerk? Moved by Commissioner Plummer. Seconded by
Vice Mayor. Call the roll... Read the ordinance. Call the roll.
338 December 10, 1992
AN ORDINANCE -
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.
Passed on its first reading by title at the meeting of November 12,
1992, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Vice Mayor De Yurre, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11029.
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.
339 December 10, 1992
�G J
iir lr i.ri.Y ilY �1i1Yr ilai iii i"b �. r.7.Irr V.YY1r+r--------i'----------rr-------------r-----
76. SECOND READING ORDINANCE: AMEND 10544 (MCNP FUTURE LAND USE PLAN MAP) BY
CHANGING DESIGNATION AT APPROXIMATELY 229 N.W. SO STREET FROM RECREATION
TO MEDIUM DENSITY MULTIFAMILY RESIDENTIAL. (Applicant: Development 6
Housing Conservation Department)
Commissioner Plummer: PZ-5. Move it.
Commissioner Dawkins: Move it.
Mayor Suarez: PZ-5. Moved. Seconded.
Commissioner Plummer: Quick talking.
Mayor Suarez: Anybody wish to be heard against PZ-5. Let the record reflect
no one stepped forward. Read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE
PROPERTY LOCATED AT 229 NORTHWEST 30TH STREET, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY
CHANGING THE LAND USE DESIGNATION FROM RECREATION TO
MEDIUM DENSITY MULTI FAMILY RESIDENTIAL; MAKING
FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF
THIS ORDINANCE TO AFFECTED AGENCIES; 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 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 Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11030.
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.
340 December 10, 1992
YGaw araaa rrw--------Y----------------------- wit r.rrr rrrii----------Ywa ra---Yaa------i.-
77. SECOND READING ORDINANCE: AMEND 11000 ATLAS FROM PR PARKS AND RECREATION
TO R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL AT APPROXIMATELY 229 N.W.
30 STREET. (Applicant: Development & Housing Conservation Department)
Mayor Suarez: PZ-6.
Commissioner Plummer: Move it.
Commissioner Alonso: Moved.
Mayor Suarez: Moved. Seconded. Any discussions. Any one wish to be heard
against? Presumably you are in favor from the association... No. OK. Read
the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM PR PARKS AND RECREATION TO R-3
MULTI FAMILY RESIDENTIAL, FOR THE PROPERTY LOCATED AT
229 NORTHWEST 30TH STREET, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 21 OF SAID ZONING 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 Commissioner Plummer, seconded by Commissioner Alonso, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11031.
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.
341 December 10, 1992
Nl? F
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----r----- r---------------------- -wa ---- --------- -----.-�r��r
78. DISCUSS AND CONTINUE (TO NEXT PLANNING AND ZONING MEETING) PROPOSED
SECOND READING ORDINANCE TO AMEND 11000 (Art. 9, Sec. 908.10) TO PROVIDE
MINIMUM LANDSCAPING REQUIREMENTS IN ONE -FAMILY, TWO-FAMILY AND MULTI-
FAMILY RESIDENTIAL DISTRICTS. (Applicant: Planning, Building and
Zoning Department)
-----------------------------------------------------------------------------
Mayor Suarez: PZ-7.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. You want to go ahead and put your name in and
organization you represent in support.
Mr. Don Deresz: Yes, sir. I'm not directly representing the Silver Bluff
Home Owner Association but I'm a member, Don Deresz, 1852 S. W. 24th Street.
Item 7 which talks about 908.10 with the Ordinance 11000 not only concerns
landscaping, but also off-street parking. So I just want to be sure, does
Item 7 increase the present landscaping requirements and parking restrictions
or does it decrease?
Ms. Lourdes Slazyk: It's a decrease.
Commissioner Plummer: I don't see where it speaking to the land... off-street
parking at all.
Mr. Deresz: It talks about 908.10. When you look in the actual ordinance,
it's entitled, "limitations of driveways and off-street parking and
landscaping requirements in required yards adjacent to streets."
Mr. Sergio Rodriguez (Assist. City Manager): It deals only with landscaping
and... basically.
Ms. Slazyk: And paving.
Mr. Rodriguez: And paving.
Mr. Deresz: Yes, sir. Does increase those requirements or decrease?
Mr. Rodriguez: It changes the requirements.
Commissioner Dawkins: Does increase or decrease?
Mayor Suarez: Can you state in terms of increase? No.
342 December 10, 1992
Ms. Slazyk: It's a decrease.
Mr. Rodriguez: No, it depends... go ahead, Lourdes.
Ms. Slazyk: What it will do is decrease the amount of landscape area and
increase the permissible paved area. Its offers a differentiation between...
Commissioner Plummer: Oh, no. Then I... Excuse me. I withdraw my motion.
Mr. Deresz: Thank you. That's my point. We worked hard...
Commissioner Plummer: No, no.
Mr. Deresz: The homeowner association worked hard to keep this ordinance...
to make this ordinance something that we can all live with and I hate to see
amendments come in and do this. I'm sorry.
Ms. Matty Hirai (City Clerk): Move to what?
Mayor Suarez: Move to defer?
Commissioner Alonso: I move that we approve no.
Commissioner Plummer: I move to deny.
Mayor Suarez: OK.
Commissioner Alonso: I... I already moved to before to approve...
Mayor Suarez: We have a motion to approve...
Commissioner Dawkins: Second to deny.
Mayor Suarez: Moved and seconded to deny...
Wait a minute.
Commissioner Dawkins: Wait a minute.
Let's do it... Let's see...
Mr. Deresz: Thank you.
Commissioner Dawkins: Wait a minute.
Mayor Suarez: I'm all confused. Your motion was first...
Commissioner Alonso: To approve.
Mayor Suarez: All right. Do we have a second the motion to approve?
Commissioner Plummer: No. I...
Mayor Suarez: Do we have a second on...
Commissioner Plummer: I withdrew that motion and I made a motion...
343 December 10, 1992
Commissioner Dawkins: But the fact...
Mayor Suarez: Will you now keep quiet for a second, please...
Commissioner Plummer: No.
Mayor Suarez: ... so I can three times see if we have a motion... a second on
the motion. Do we have a second on the motion to approve? May I inquire,
Commissioner Alonso.
Commissioner Plummer: Excuse me, Mr. Mayor. It was my motion which I
withdrew.
Commissioner Alonso: The reason I support this is going to create serious
problems for areas of the City of Miami that need the development and it does
not affect in general the number of parking spaces, otherwise, but it does
affect areas as Little Havana. For example, in construction of certain
property that are very much needed in the area.
Mr. Deresz: I'm confused.
Mayor Suarez: Yes, so am I.
Commissioner Alonso: I... Well, yes... This has...
Mayor Suarez: I'll entertain a motion to defer the item because I'm not sure
how I'm going to vote on it and we got two going in one way, one going in the
other direction and if you want to take additional time to consider this, it
certainly...
Mr. Deresz: Sir. Mr. Mayor. This was brought up... We were planning to
approve...
Mayor Suarez: You wouldn't want to oppose a motion where somebody want to be
more educated on an item to be able to vote. maybe on your side. Would you?
Mr. Deresz: Of course not.
Mr. Rodriguez: Unless... If I may.
Mayor Suarez: Unless, there's a solution.
Mr. Rodriguez: If you want to, we have a transparency that shows exactly what
it does.
Ms. Slazyk: The existing...
Mr. Rodriguez: I think once you see it, you'll understand that, really, it
makes sense.
Mayor Suarez: Try it.
Commissioner Dawkins: Bring it back at the next meeting.
344 December 10, 1992
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Mayor Suarez: You want to try it or bring it back?
Commissioner Plummer: Is there aimotion to defer or not?
Mayor Suarez: I move to defer.
Commissioner Plummer: Second.
Mr. Deresz: Who can I talk to at Building and Zoning...
Commissioner Plummer: It is to defer.
Mr. Deresz: And... quick name.
Ms. Slazyk: Lourdes Slazyk.
Mr. Deresz: Thank you.
Mayor Suarez: I have someone on my staff I need you to brief on this, please.
That's Lisa. Remember Lisa Malamud.
Commissioner Alonso: As a matter of fact, we have had neighborhood groups
here at the time that we had the first reading and in another occasion where
it was also deferred before and they had no objections. I remember that,
specifically. Anyway...
Mr. Rodriguez: So, you want...
Mayor Suarez: Does the transparency tends to show that that it's not such a
big deal. All right. I'm going to get brief on it then. We have a motion
and second.
Ms. Hirai: Yes, sir.
THEREUPON MOTION DULY MADE BY Mayor Suarez AND
SECONDED BY Commissioner Plummer, ITEM PZ-7 WAS
CONTINUED BY THE FOLLOWING VOTE:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Odio: So this continue to the meeting in January in Planning and Zoning?
Mr. Deresz: Thank you. Thank you.
Mayor Suarez: Correctly. That's...
That's the second meeting by the way.
345 December 10, 1992
aw.srrrr.ra.rr-----------------r.-------------- r,err.-.. ------- ---- --
79. SECOND READING ORDINANCE: AMEND CODE CHAPTER 14 ("DEFINITION")
PERTAINING TO IMPLEMENTATION OF SOUTHEAST OVERTOWN/PARK WEST AND
DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDERS TO REFLECT
DEVELOPMENT ORDER AMENDMENTS MADE PREVIOUSLY AND CONCURRENTLY.
(Applicant: Development b Housing Conservation Department)
------------------------------------------------------------------------------
Mayor Suarez: That will be PZ-8 then. amend the code of City of Miami. This
was recommended by 9 to 0 vote of Planning...
Commissioner Plummer: Move it.
Commissioner Dawkins: Second it.
Mayor Suarez: Move and Second. Any discussion now? Please read the
ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE OF THE CITY OF MIAMI AMENDING CHAPTER 14
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CODE"), PERTAINING TO A PREVIOUSLY APPROVED
DEVELOPMENT ORDER (RESOLUTION NO. 88-111, ADOPTED
FEBRUARY 11, 1988) AND MAJOR USE SPECIAL PERMIT
PURSUANT TO ZONING ORDINANCE NO. 9500, FOR THE
SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL
IMPACT, PURSUANT TO CHAPTER 380, FLORIDA STATUTES, BY
AMENDING SECTION 14-59 OF THE CODE, "DEFINITIONS",
REGARDING THE DEFINITION OF TOTAL ALLOWABLE
DEVELOPMENT; BY AMENDING SECTION 14-60 OF THE CODE,
"RESERVATION OF DEVELOPMENT CREDITS WITH BUILDING
PERMIT", BY CHANGING REFERENCES TO ZONING ORDINANCE
NO. 9500 TO ZONING ORDINANCE NO. 11000; AND BY
AMENDING SECTION 14-71, "TRANSPORTATION CONTROL
MEASURES", PERTAINING TO RIDESHARING INFORMATION;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of September 24,
1992, was taken up for its second and final reading by title and adoption. On
motion of 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:
346 December 10, 1992
Al
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AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11032.
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.
------------------------------------------------------------------------------
80. FIRST READING ORDINANCE: AMEND 11000 (Art. 13, 19 and 21) TEXT TO
PROVIDE IMPLEMENTATION OF CONDITIONS IN VARIANCES, SPECIAL EXCEPTIONS
AND COVENANTS BY THREATENING REVOCATION OF THE PERMISSIONS. (Applicant:
Planning, Building and Zoning Department)
------------------------------------------------------------------------------
Mayor Suarez: PZ-10. First reading.
Commissioner Dawkins: You really want to get out of here, don't you?
Commissioner Alonso: PZ-9.
Commissioner Plummer: What does that do?
Mr. Joe McManus: PZ-9 and PZ-10 are companion items. This goes back...
Commissioner Dawkins: Move it.
Mr. McManus: ...to December of 191 when ...
Commissioner Dawkins: Move it.
Commissioner Plummer: First reading. Go ahead move it. I'll get my answer.
Mayor Suarez: All right. Read the Ordinance, please.
Commissioner Plummer: Second.
Mr. Deresz: Ah, sir.
Mayor Suarez: Yes.
Mr. Deresz: May I?
347 December 10, 1992
aff M
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Mayor Suarez: Yes,
Mr. Deresz: OK. Nine and ten together. Two questions, if I may.
Mayor Suarez: Name and organization again, please.
Mr. Deresz: Don Deresz, 1852 S. W. 24th Street...
Mayor Suarez: You're saying it so fast I'm...
Mr. Deresz: ...I'm not representing Silver Bluffs Homeowners Association,
although I am a member.
Mayor Suarez: Don is the first name, right?
Mr. Deresz: Yes, sir.
Mayor Suarez: How do you spelt the last name?
Mr. Deresz: Deresz, D-e-r-a-s-z. First question I have is do these items
prevent the grandfathering of previous violations to ordinance either 9500 or
11000 that were approved previously by the Planning, Building and Zoning
Board, Planning Advisory Board, or the City Commission?
Mr. McManus: The purpose is directly the opposite. That is to go back and
where there have been violations against previously granted variances or
special exceptions or whether the Commission may have accepted a covenant to
go back and where there have been violations of those, to go back and
essentially revoke them.
Mr. Deresz: Thank you. And which article in Ordinance 11000 text relating to
Items 9 and 10 state how Miami citizen request that the City Commission can
modify, change or rescind any zoning resolutions or ordinance?
Commissioner Alonso: What?
Mr. Deresz: Hey, I'm trying to hurry.
Mr. Sergio Rodriguez (Assist. City Manager): Wait, wait. I'm sorry. We
didn't get everything you said.
Mr. Deresz: Yes, sir. Which article in Ordinance 11000 text relating to
these two Items, 9 and 10, states how a Miami citizen request that the City
Commission rescinds, modifies or changes any previous resolution or zon... or
ordinance?
Mr. Rodriguez: You can...
Mr. Deresz: In other words... In other words, how... OK. Suppose this
passes...
Mr. Rodriguez: 2109... point 1, point 1.
Mr. Deresz: I'm sorry.
348 December 10, 1992
� 11»III
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Mr.Rodriguez: As amended.
Mr. McManus: 2109.1.1 as amended. And in the... Well, that's in the zoning
ordinance. the citizen would approach the Planning Director and voice his
complaint. If the Planning Director decided, for whatever reason, not to
forward an application onto the Zoning Board or City Commission, there is an
alternative method to force an application onto the Zoning Board and City
Commission working toward revocation to accomplish the citizen's purpose.
Mr. Deresz: From my standpoint, this is great. But this opening up a real
can of worms, you know that. Because a lot of zoning administrators made
decisions in the past without the approval of any boards and I can write a
letter and open this whole thing up...
Mr. Rodriguez: Well, this is...
Mr. Deresz: ...to different properties. I just... This is where I'm coming
from and I just want everybody to realize I'm being up front and I would like
everyone to realize what this... what this will entail.
Mr. McManus: It doesn't.
Mr. Deresz: Thank you.
Commissioner Alonso: Yes, going back. A property is grandfathered... What
will happen?
Mr. Rodriguez: If it is a violation of one of the conditions that were
imposed at the time of the permit, being special exception or variance or a
zoning change, and the applicant upon which the decision was made... that made
a proffer that he was going to do something or he was imposed a condition on
it, has not fulfilled the requirement, then the Director of the Planning,
Building and Zoning Department can bring the item back to the Zoning Board to
revoke the granted permit. So, it's not grandfathered in a sense that anytime
that, you know, if a person does not comply with the requirements of the
conditions that were there, or with the covenant or... conditions or the
covenant, there shouldn't be any problems. If a person has not complied with
those requirements, then at anytime the Director can bring up the item again.
And if you remember, this is a result of a direction from the City Commission
in December of last year to bring all these items before you so that you can
bring... you know, eliminate the zoning they had or eliminate special
exception or variance because the people didn't comply with requirement.
Commissioner Alonso: I can see of the instructions but really yes, after
these points have been brought to us I really think that this has some areas
of concern. It could be dangerous as well. I'm not going for this. I will
not vote for this.
Mr. Deresz: Well, not for me, not for the homeowner in the residential area.
This is,not dangerous at all, Commissioner...
349 December 10, 1992
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Commissioner Alonsot No, I will not vote for this.
Mr. Deresz: ...this is a great thing. This is the best thing we seem come
along.
Commissioner Alonso: I want more time to look into this.
Mayor Suarez: You know you were talking about opening up a can of worms. You
know what you did? You open up a can of worms.
Commissioner Alonso: Yeah. Yeah. That's exactly what he did. Because now I
want to look in detail what's the extent of what it's going to do.
Mr. McManus: Madam Commissioner, the intent here, on the part of the
Administration, is hopefully we would never have to use this power...
Commissioner Alonso: Oh, yes. But...
Mr. McManus: However... However, it gives us some leverage with somebody who
is not performing according to the conditions of a variance or special
exception or a covenant that this Commission may have accepted. We now have
some leverage to say well, unless you proceed to perform as you promised and
as you are supposed to, we will go back and we will bring this before the City
Commission.
Mayor Suarez: Is this related any way to the gentleman who is here, I think,
always...
Commissioner Alonso: No, this was before. But it has to do in certain parts
with what he has said.
Mr. McManus: This... This goes back to December, a year ago. When
Commissioner Plummer had said...
Mayor Suarez: I though it had to do with Plummer.
Mr. Rodriguez: Yeah.
Mr. McManus: ...is there anything other that the City Commission can do other
than code enforcement... the code enforcement process or taking somebody to
court that the City Commission can do if somebody is not performing as they
should with regard to a variance or special exception or a covenant that you
may have accepted.
Commissioner Plummer: Yeah. But remember...
Commissioner Alonso: What is it?
Commissioner Plummer: ...God giveth, God take away. The City Commission
giveth and if they don't comply, the City Commission take it away. It's not
anything else and I don't see a damn thing wrong with that.
Commissioner Alonso: That's all... That's all it does. What else?
350 December 10, 1992
R 5�[
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Mr. McManus: That would be it. It could give us...
Commissioner Alonso: For one vote, I want to look at this a little bit
deeper.
Commissioner Plummer: If they don't...
Mr. Rodriguez: It could be the City Commission... Let me clarify, because I
want to make sure you understand is that the City Commission or the Zoning
Board...
Commissioner Plummer: In other words, they are only coming here 1f it's a
breach of contract, right?
Mr. Odio: Right. But it's not only the City Commission. It could be
anything that has been granted to the Zoning Board that has never made it to
the City Commission, like a special exception or a variance in which they
imposed a certain conditions. If the conditions have not been met, what we
can do 1s bring it back before them and they can revoke that particular
permit.
Commissioner Alonso: Yeah. Up to that point, I don't have a problem with
that and I think it's only reasonable if you say I'm going to build the wall
and you agreed to do that, you should. But somehow I have the feeling that
there is something else.
Mayor Suarez: Don, did you want to...
Commissioner Plummer: Isn't this our first reading?
Mr. Odio: Yes.
Mr. McManus: Yes.
Commissioner Plummer: Well, between now and the second reading, she can get
whatever else...
Mayor Suarez: All right. Last statement by Don.
Commissioner Plummer: ...identification she want.
Mr. Deresz: Yes, sir. I just want to be clear because...
Mayor Suarez: Last time you spoke up, you created a problem for yourself, but
go ahead.
Mr. Deresz: No, I want to be up front about this, all right, because I don't
the problems later when the next City Commission sit down after you gentlemen
and ladies go into higher things.
Mayor Suarez: I like your approach. I like this man.
Mr. Deresz: By the way, I want to thank the City Commissioners and also all
the public officials for everything you've done during... after the hurricane.
351 December 10, 1992
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Mayor Suarez: Very good. Thank you, Don.
Mr. Deresz: I heard nothing but good things from my neighbors, people visited
in part.
Mayor Suarez: Great. Keep the letters coming. Copies to the Herald.
Mr. Deresz: Right. There were administration... There were decisions that in
the past were made by zoning administrators without anyone else's knowledge,
concerning variances, well, they're called special permits that remain in
various neighborhoods such as commercial or office type of property, certain
office type property in residential neighborhoods. So, the idea is this.
Now, I don't have much of a problem in my neighborhood but other people do in
their neighborhoods where these decisions made by zoning administrators. So,
all I have to do is write a letter, bring it up before the City Commission and
see what happens.
Mr. Rodriguez: You can only do... You know the procedure we have now is that
you can appeal the decision of the Zoning Administrator within a particular
period of time. If you don't do it, your time elapses, you cannot do that.
This will allow you only to bring and consider the possible revocation...
Mayor Suarez: Yes, the noun is right, the verb is the problem.
Mr. Rodriguez: ... possible revocation, if there was an approval granted by the
zoning board or by the City Commission.
Mr. Deresz: So you're saying that the zoning administrator has more power...
more administrative power than the Zoning Board or the City Commission?
Mayor Suarez: No, no just another...
Mr. Rodriguez: This is a different process.
Mayor Suarez: ...another mechanism, that's all. It's cumulative. It keeps
him from having to come by all the time if he just writes a letter that
trigger the mechanism. Is that what you were saying?
Mr. Rodriguez: Right:
Mayor Suarez: Great.
Mr. Rodriguez: That could be one way or we can do it ourselves.
Mayor Suarez: Well, if that keeps him out of my office a little bit that's
certainly is something worth voting for.
Mr. Deresz: OK. Thank you very much.
Commissioner Plummer: One more layer of bureaucracy.
Mayor Suarez: OK. We have a motion. Do we have a second?
352 December 10, 1992
11
Commissioner Plummer: Second.
Mayor Suarez: It's first reading and if there are any concerns, you might
want to meet with Commissioner Alonso tomorrow morning at 7:30 a.m. and
start...
Commissioner Alonso: No, I want to meet also with Sergio about this so that I
can look into this and see if it... all it does I have no problem whatsoever.
Commissioner Plummer: It is not to approve it?
Mr. Deresz: No, this is the first reading, right? This is the first reading.
Mayor Suarez: He said tomorrow morning at 7:30 he'll be at your office, 7:30
a.m. Donuts and coffee provided.
Commissioner Plummer: Well, what's your problem with me?
Commissioner Alonso: OK. I have no problem.
Commissioner Plummer: It is. One more layer of bureaucracy.
Commissioner Alonso: Yeah.
Mayor Suarez: Moved. Any discussion? If not, please, read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE OF THE CITY OF MIAMI AMENDING ORDINANCE
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING ARTICLE 13, SECTION 1306,
ARTICLE 19, SECTION 1904, AND ARTICLE 21, SECTION
2109; TO PROVIDE THAT THE ZONING BOARD AND CITY
COMMISSION, AS THE CASE MAY BE, CAN RESCIND, MODIFY OR
CHANGE ANY RESOLUTION OR ORDINANCE HERETOFORE OR
HEREAFTER ADOPTED WHICH GRANTED A SPECIAL PERMIT,
SPECIAL EXCEPTION OR VARIANCE OR ACCEPTED A VOLUNTARY
COVENANT PURSUANT TO A LAND USE OR ZONING CHANGE IF
THE BOARD OR COMMISSION FINDS THAT THERE IS A
VIOLATION OF THE CONDITIONS, RESTRICTIONS OR
LIMITATIONS IN THE SUBJECT RESOLUTION OR ORDINANCE;
CONTAINING AN EFFECTIVE DATE, A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote:
353 December 10, 1992
1
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None. --
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
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81. FIRST READING ORDINANCE: AMEND CODE -- AUTHORIZING ZONING BOARD TO
RESCIND, MODIFY OR CHANGE ANY RESOLUTION GRANTING SPECIAL PERMIT,
SPECIAL EXCEPTION OR VARIANCE IF THERE IS A VIOLATION OF CONDITIONS OR
RESTRICTIONS. (Applicant: Planning, Building and Zoning Department)
Mayor Suarez: PZ-10.
Commissioner Dawkins: Move 10.
Commissioner Plummer: Second, third.
Mayor Suarez: Move and second. Any discussion?
AN ORDINANCE ENTITLED -
AN ORDINANCE OF THE CITY OF MIAMI AMENDING THE CITY
CODE BY AMENDING CHAPTER 62M SECTION 62-35; TO PROVIDE
THAT THE ZONING BOARD CAN RESCIND, MODIFY OR CHANGE
ANY RESOLUTION HERETOFORE OR HEREAFTER ADOPTED WHICH
GRANTED A SPECIAL PERMIT, SPECIAL EXCEPTION OR
VARIANCE IF THE BOARD FINDS THAT THERE IS A VIOLATION
OF THE CONDITIONS, RESTRICTIONS OR LIMITATIONS IN THE
SUBJECT RESOLUTION; CONTAINING AN EFFECTIVE DATE, A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote:
354 December 10, 1992
C
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None,
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
82. DISCUSSION CONCERNING STATUS REPORT ON S.W. 22 TERRACE (NORTHSIDE) FROM
27 TO 37 AVENUES.
Mayor Suarez: PZ-11.
Commissioner Plummer: Mr. Mayor, we would hear from the administration as to
why they have done what they suppose to do. This gentleman has been waiting
all day to be heard and he only ask one small favor - not to be interrupted.
I couldn't grant the last but we'll try. Administration, please tell us what
you have done and why you haven't done the rest?
Ms. Margarita Genova-Cordovi: For the record, Margarita Genova-Cordovi, Coral
Way NET(Neighborhood Enhancement Team) Office. We've been conducting a sweep
of 22nd Terrace. Initially, there were numerous properties within that area
which were not in compliance with our codes. At the present time, we are down
to six who are not complying. Of the six who are not complying, there are
three who are presently trying to resolve it either by requesting changes,
which would require Commission action or by going through the permit process
and doing what need to be done to clean it up. We've had zoning, sanitation
and police working the area. We had crews cleaning up the public right-of-way
within the area and we have one more case which was supposed to be heard at
the Code Enforcement Board meeting yesterday and it was postponed to the
January Code Enforcement Board. The other case was heard yesterday. That is
the case at 2960 S. W. 22nd Terrace, and they were awarded a three month
extension to make whatever changes or ask whatever they feel needs to be asked
of this City Commission for compliance.
Commissioner Plummer: Of those six, how many of them are in violation of
Ingress and egress from the back of the street?
Ms. Genova-Cordovi: Ingress and egress vehicular? None.
Commissioner Plummer: None?
Ms. Genova-Cordovi: None. There's one case that we have and that's 2960 S.
W. 22nd Street which is 2963 S. W. 22nd Terrace on the rear which by covenant
355 December 10, 1992
they were supposed to build a wall throughout. The wall intrudes into a
structure and there is absolutely no vehicular traffic there. It's the
traffic that could be generated through the door of that property.
Commissioner Plummer: What of the six, what are most of the violations for?
Ms. Genova-Cordovi: Lack of maintaining the landscape area in the rear of the
property.
Commissioner Dawkins: Could we hear from the gentleman who did not want to be
interrupted?
Mr. Joe Gregalot: Excuse me. Could I offer a little additional information?
Mayor Suarez: You know, I have to interrupt you.
Mr. Gregalot: Beg your pardon?
Mayor Suarez: I have to interrupt you.
Commissioner Plummer: I knew it.
Mayor Suarez: Swear him in, please.
Mr. Gregalot: This is in reference to the...
Mayor Suarez: I know, but this is a silly rule that we got and I don't want
you to violate it. You seem like a nice man.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mr. Gregalot: I do. My name is John Gregalot and I live at 2962 S. W. 22nd
Terrace. In reference to the 2960 that was just mentioned, I spoke to the
owner of the Latin American Sandwich Shop Cafeteria who is the person who has
been in violation there. He notified me yesterday that he had all intentions
of putting the wall up within the next two weeks. His problem is getting the
contractors to perform because of problems that existed. So he is making
every effort to be willing to comply and he seems to be very sincere. My
problem is with Radio Mambi which is the adjoining property. If you will
follow with me a chronological circumstance of the way this came about, you
will understand the whole situation. When the original request was made for
zoning change, Radio Mambi owned 4 lots on 22nd Terrace. Backing up to two
lots on Coral Way. Their intention is, they presented it, which made this an
"L" shaped lot, four lots on 22nd Terrace and two lots to Coral Way. They
presented the application claiming that they intend to remove their present
existing building, which at that time existed, and to build to the back end on
the four lot section. Commissioner Plummer raised the question that it didn't
seem very practical; however, they said, in effect, this is our business we
will live with it. This is the way we plan it. Well, I suppose they would
have done that had circumstances stayed that way. However, in a little while
after that happened, they were able to purchase the property on Coral Way
adjoining their other property and which brought them up to the corner of 31st
Avenue. So, now they do not have to proceed with the original plan. However,
356 December 10, 1992
in the process of getting the change to C-1, they did present a covenant
saying they would put up a wall. That sounded OK. You people asked if we
have any great objection if they complied with the covenant. We're trying to
be reasonable. They're in business. We want everyone to live together
properly. So, we said, no. If they put up a wall, do not create a nuisance
and we make a definite division between residential and business, that sounds
logical all around; so the change was granted. Since then, everything
changed. They acquired this other property. They did not remove their
present building. They did not remove the little house that sat on the four
lots on 22nd Terrace. They proceeded to utilize half those two lots as
parking. They utilized the other two lots as complete parking. So they
violated in every way that provision. They did not put up a wall. For two
years, I cut the grass on 22nd Terrace to make it look decent. They kept the
front looking nice but they made no effort whatever to be good neighbors.
Then about six weeks ago, I noticed they are using the little house on 22nd
Terrace as an office. They acquired a license to rent it as an office. How
in the world could you do this? I tried to ask them, how can this happen?
Mayor Suarez: All right, let's ask our staff. What about that use of the
little house as an office? Legal, not legal? Can we do something about it?
Commissioner Alonso: It's legal because it's commercial.
Mayor Suarez: It's not legal because it changed to commercial?
Commissioner Alonso: It's legal because of commercial site.
Mr. Joseph Genuardi: The property was rezoned to C-1 and they came and
applied for permit for office use and they were granted it.
Mayor Suarez: What about the lack of a wall? I thought that was a clear
requirement.
Mr. Genuardi: That was a condition... They had a covenant which said they
didn't have to build a wall until they took out a permit to build a new
building. That time has now expired. That's the problem now.
Mayor Suarez: Does the covenant require them to build a wall? Yes or no.
Mr. Genuardi: Yes.
Mayor Suarez: What are we going to do about the fact that they haven't build
a wall?
Mr. Genuardi: We have cited them for that.
Mayor Suarez: Cited them?
Commissioner Alonso: To build the wall at the time that they demolished the
existing house or to build the wall at...
Mayor Suarez: Period.
357 December 10, 1992
Mr. Genuardi: The way the covenant reed was at the time they demolished the
building and they built the new building, they will build the wall at that
time. And they had a time limit and now their time limit...
Mayor Suarez: Did they comply with that?
Mr. Genuardi: They haven't complied with that.
Mayor Suarez: What are you doing about it?
Commissioner Alonso: They have the house.
Mr. Genuardi: We bought them to Code Enforcement Board.
Commissioner Plummer: Hal Code Enforcement. Good old code enforcement.
Mayor Suarez: Are they being fined now?
Commissioner Plummer: The biggest joke in this City.
Mayor Suarez: Why are you saying the house? Does that waive it in anyway?
Commissioner Plummer: Is that part of the $50,000,000 worth of liens that you
have for the great waste of $1,000,000 we have for Code Enforcement Board?
What a waste!
Mayor Suarez: Maybe they should ask for a change in the covenant.
Mr. Gregalot: This thing becomes more of a...
Commissioner Plummer: Oh, yeah. Take them to Code Enforcement Board and
nothing ever will get done.
Mr. Gregalot: It becomes more of a comedy as it goes along.
Mayor Suarez: OK. When are you going to put some teeth into the approach?
If they now... because they have a structure that they are using, don't need
to have a wall or whatever, they then have to come here and get a change in
the covenant.
Mr. Genuardi: They will have to do that, yes.
Commissioner Plummer: No, no. They go to Code Enforcement and delay it
forever and they add to the $50,000,000 of liens.
Mr. Sergio Rodriguez (Assist. City Manager): If you pass the ordinance that
was before you before, PZ-9 and PZ-10, then you won't have that problem any
more. You were asking for teeth and we're giving you a full denture.
Mayor Suarez: We passed it.
Commissioner Plummer: That's fine. Then eliminate Code Enforcement and save
$1,000,000 a year. I sure hope you do it.
358 December 10, 1992
Mr. Gregalot: You haven't heard half of it yet.
Mayor Suarez: Oh, God. I'm afraid to hear the rest. That the people from
Radio Mambi have a certain amount of influence around City Hall and that we're
not moving on this as aggressively as we could. Can we eliminate that
impression?
Ms. Genovi-Cordovi: We cited...
Mayor Suarez: We need a vote of this Commission to enforce a legally binding
covenant?
Ms. Genovi-Cordovi: Let me explain...
Mayor Suarez: If they now have a structure that make that illogical, they
should come here and ask for a change.
Ms. Genovi-Cordovi: They were cited because they did not comply with that
covenant.
Commissioner Plummer: How long ago?
Ms. Genovi-Cordovi: They were scheduled...
Commissioner Plummer: How long ago were they cited?
Ms. Genovi-Cordovi: Well, I can only speak for the times that I took this
over which was...
Commissioner Plummer: Can't you tell me whether they wrote the cite? What
date?
Mr. Juan Gonzalez: Commissioner, they were cited approximately 60 days ago in
front of the board. They case was heard yesterday. Mr. Gregalot was there
present during the code enforcement case and they stipulated to being guilty.
They were given 90 days to resolve this issue. One of the possibilities of
the ways they're going to resolve is coming before the Commission to amend
that covenant.
Mr. Gregalot: This, sir, is not the truth.
Commissioner Plummer: How long ago was the covenant granted?
Mr. Gonzalez: I think it was 1988.
Commissioner Plummer: So they been in noncompliance for at least 4 years.
Commissioner Alonso: No, not necessarily. Will you explain, Sergio, that not
necessarily.
359
December 10, 1992
Mayor Suarez: Well, it had to do with the timetable of building or tearing
down a facility. _
Mr. Rodriguez: I'm trying to find the language over here. I believe they had
to build the wall when they were to build a new building. That was the
language of the covenant. So, the thing is that the delay was they didn't
build a new building and at that point, the issue of the wall became more
obscure and, you know...
Commissioner Plummer: You want the truth? Nothing is going to get done.
Mr. Gregalot: Let me tell you. You haven't heard the half of it yet.
Commissioner Plummer: If they took it to Code Enforcement, nothing is going
to happen. What a wastel
Mr. Gregalot: You only heard half of it.
Mayor Suarez: John, what else do you want to say to this fiasco?
Mr. Gregalot: I came here yesterday as a result... The Coral Way office of
NET has gone out all the way to try to bring about the information and get
things moving. I commend them tremendously.
Mayor Suarez: OK. They're the good guys.
Mr. Gregalot: I was notified that there would be a meeting on the 9th for
code violations. I said, hey, you're not going to have to get sick of seeing
my face anymore. I came here yesterday and this gentleman told me that I
would not be able to speak.
Mayor Suarez: Why not?
Mr. Gregalot: Because he says, this is a court of law.
Mr. Gonzalez: Mr. Mayor, when it's legal procedures that if the violator
stipulates, the complainant has no legal standing, in other words, he cannot
before the board and issue a complaint for the simple reason that the person
is already accepting that he's guilty.
Mayor Suarez: Now, they accepted everything that you would have said.
Mr. Gregalot: OK.
Mayor Suarez: May be not as flowery as you would have said it, but...
Mr. Gregalot: I would go along...
Commissioner Plummer: What about that there are other matters that are not in
the complaint that he wants to bring out?
Mayor Suarez: That wouldn't be properly before the Code Enforcement Board.
360 December 10, 1992
.¢�:, i
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Mr. Gregalot: OK. I would accept his procedure plan. 6n the point of order,
I demanded to be heard because what they presented as a violation was grass
cutting. They didn't say anything about a wail. Look at the agenda f ram
yesterday's meeting.
Mr. Gonzalez: Mr. Gregalot, we explained that yesterday to you, sir. What
the violation... They way it reads it says, failure to maintain required
landscaping. That violation is inclusive of all the violations we were
talking about.
Mayor Suarez: Including the wall.
Mr. Gonzalez: Including the wall.
Mr. Gregalot: It does not say that here. All it says...
Mayor Suarez: All right. But what counts is what was meant not necessarily
the way it read.
Mr. Gregalot: Right. They gave...
Mayor Suarez: OK. We're proceeding against them. We're doing, I think,
everything you would possibly want. They have 90 days to comply which... ends
when?
Commissioner Dawkins: But why should this gentleman have to come here
constantly and go through this. Then he comes here today and we tell him wait
90 days.
Commissioner Plummer: Because they went to Code Enforcement.
Commissioner Dawkins: If at the end of 90 days, you're going to tell him to
come back another 90 days.
Mayor Suarez: Nothing we can do.
Commissioner Dawkins: Somebody in this City of Miami should be able to tell
us how to solve this.
Commissioner Plummer: Oh, I can tell you how to solve it. Tell this
gentleman, this is not personal, that in 90 days if it is not resolved, he'll
be looking for a new job. He'll be there everyday to make sure...
Commissioner Dawkins:
Commissioner Plummer:
You can't do that.
You can't?
Commissioner Dawkins: You can't tell the Manager who to fire and hire.
Mayor Suarez: All right.
Commissioner Plummer: Well, then we'll tell the Manager because I can fire
him.
361 December 10, 1992
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Mayor Suarez: How do we put teeth into this process? You hear the
Commissioners. How do we put teeth into this process?
Commissioner Dawkins: How do we... Because I'm like, i mean, he's tired of —
being here. I am disgusted in seeing this man come here every meeting.
s
Mr. Gregalot: He is seeing my face.
Commissioner Dawkins: He's a taxpayer and he's here begging. He's here with
his hand out with a hat in his hand and saying, "Please, please, please, help
me." 5
Mayor Suarez: OK, OK.
Commissioner Plummer: Miller, put him on the Code Enforcement Board.
Mayor Suarez: How do we put a little teeth in the process, after 90 days, how
do we make sure that they comply?
Mr. Gonzalez: Mr. Mayor...
Mr. Rodriguez: Before that, if you pass PZ-9 and 10 on second reading that
will help you with the power.
Commissioner Plummer: I'll tell you what I want. All right. I want you to
furnish to each member of this Commission... I want a weekly report...
Commissioner Dawkins: And him.
Commissioner Plummer: Listen to me. I want a weekly report of what is being
done that we expect compliance within the 90 days. If they haven't done
anything on the 80th day, you know and I know that they're not going to build
a wall in 10 days. OK. Now, what I'm saying is I want a weekly report from
you, Sergio, all right. Telling me in every 7 day period what they've done or
what they haven't done.
Commissioner Dawkins: With a carbon copy to this gentleman, J.L.
Commissioner Plummer: Yes, sir, hand delivered to this gentleman.
Mr. Gregalot: I would like one more thing put on record.
Commissioner Plummer: Get them.
- Mr. Gregalot: You asked what is the answer to this and Mayor Suarez suggested
the answer. I brought to his attention what happened a couple of weeks ago.
I saw Mr. Suarez who is the owner of Mambi, not this gentleman, in front of
the house and he shook my hand, we're neighbors, and I said, "Why aren't you
putting up the wall? How can you make an office here after you profferred a
covenant to do this?" He looked at me with four-letter words. He said, "I
don't give an "F" what you think." He says, "Furthermore, if you want to go,
you go to the Mayor, see how far you get." I relayed this to Mayor Suarez and
he said well...
362 December 10, 1992
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Mayor Suarez: I'm from the good side of the family.
Mr. Gregalot:...the only coincidence is the name is pronounced the same.
Mayor Suarez: No, it's identical. Same part of Spain.
Mr. Gregalot: Right. So, he said if they...
Mayor Suarez: But I don't have any money.
Mr. Gregalot: ...don't comply, we'll pull the zoning.
Mr. Rodriguez: Let me put something on the record that from what they're
saying what these people are going to try to do 1s come before you and try to
amend the covenant and they have every right to do so.
Commissioner Plummer: Was it not 90 days to become in compliance?
Mr. Rodriguez: I know, but what they can come before you and ask for
amendment to...
Commissioner Plummer: Coming before us has nothing to do with it. They have
90 days in which to come into compliance.
Mr. Rodriguez: If you hear me what I'm trying to tell you is, if they come
before you and you agree to change the covenant...
Mayor Suarez: But why are you putting that hypothetical? All right, so they
have 90 days to comply and hopefully in that process we will get more teeth
into this. John, you done a good deed tonight.
Commissioner Plummer: With weekly reports.
Mayor Suarez: You have appraised us of this and we'll get weekly reports.
83. RENEW ACCEPTANCE OF GRANT BY TINA HILL FOUNDATION DONATING FUNDS FOR CLAY
SCULPTURES TO BE PLACED IN BAYFRONT PARK -- EXTEND COMPLETION DATE.
Commissioner Plummer: Mr. Mayor, I got my final pocket report. A motion...
Commissioner Dawkins: You had three already.
Commissioner Plummer: No, I didn't.
Commissioner Dawkins: Yes, you did.
Commissioner Plummer: You want this one?
Mayor Suarez: Please go ahead.
363
December 10, 1992
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Commissioner Plummer: A motion to renew the acceptance of a grant by Tina
Hill Foundation donating to the City funds for the play sculptures to be
planed in Bayfront Park and extending the time for completion of construction
to December 31, 1993. I so move.
Commissioner Alonso: I did not hear what he said.
Mayor Suarez: So moved. Second by Commissioner Alonso. Call the roll.
Commissioner Alonso: I don't even know what...
Commissioner Plummer: Play sculptures.
Mayor Suarez: That is going to bring kids to Baydfront Park.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-821
A MOTION AUTHORIZING THE CITY MANAGER TO ACCEPT A
DONATION OF SCULPTURES FROM TINA HILL TO BE LOCATED IN
BAYFRONT PARK.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Victor De Yurre.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: They got to have tax deductions.
364
December 10, 1992
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84. DISCUSSION CONCERNING PROPOSAL BY COUNTY COMMISSIONER DUSSEAU FOR AN
EMERGENCY HOMELESS FACILITY IN THE OMNI AREA (SEARS SITE).
---------------------------- -----------------------------------------
Mayor Suarez: Ringo we can dispose of real quick.
Commissioner Plummer: If you would like to bring up the car purchase and the
whi rlybi rds... s_
Ms. Annette Eisenberg: I have one sentence.
Mayor Suarez: One sentence?
Commissioner Dawkins: I want to hear Annette.
Commissioner Plummer: I don't want to hear Annette.
Ms. Eisenberg: You better.
Commissioner Plummer: Mr. Mayor, if you would like to bring up the car
purchase and the whirlybirds, I am now in a position to vote favorably.
Mr. Gonzalez: And the rentals, hopefully.
Mayor Suarez: All right.
Ms. Eisenberg: I want to read one sentence.
Mayor Suarez: Annette, I guess as long as you're at the mike. Just one
second, you're holding up...
Ms. Eisenberg: I need to read something to you that I received at about 4:30
today. "Important notice of a meeting. Friday, December filth, 4:00 p.m. - (I
can't see) - Metro -Dade Commissioner Charles Dusseau will be attending this
very important meeting to discuss a proposal to develop an emergency homeless
facility in the OMNI area - the Sears site. This item is on the December 15th
County Commission Agenda Feasibility Study..."
Mayor Suarez: Who wants this on the record?
Commissioner Dawkins: Me.
Mayor Suarez: All right.
I want it on the record.
Thank you, Annette.
Commissioner Plummer: Wait a minute. May I understand what's going on?
Ms. Eisenberg: Dusseau is proposing the Sears site for a homeless shelter.
Commissioner Dawkins: Charles Dusseau of the County.
365 December 10. 1992
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84. DISCUSSION CONCERNING PROPOSAL BY COUNTY COMMISSIONER DUSSEAU FOR AN
EMERGENCY HOMELESS FACILITY IN THE OMNI AREA (SEARS SITE).
---------------------------- -----------------------------------------
Mayor Suarez: Ringo we can dispose of real quick.
Commissioner Plummer: If you would like to bring up the car purchase and the
whi rlybi rds... s_
Ms. Annette Eisenberg: I have one sentence.
Mayor Suarez: One sentence?
Commissioner Dawkins: I want to hear Annette.
Commissioner Plummer: I don't want to hear Annette.
Ms. Eisenberg: You better.
Commissioner Plummer: Mr. Mayor, if you would like to bring up the car
purchase and the whirlybirds, I am now in a position to vote favorably.
Mr. Gonzalez: And the rentals, hopefully.
Mayor Suarez: All right.
Ms. Eisenberg: I want to read one sentence.
Mayor Suarez: Annette, I guess as long as you're at the mike. Just one
second, you're holding up...
Ms. Eisenberg: I need to read something to you that I received at about 4:30
today. "Important notice of a meeting. Friday, December filth, 4:00 p.m. - (I
can't see) - Metro -Dade Commissioner Charles Dusseau will be attending this
very important meeting to discuss a proposal to develop an emergency homeless
facility in the OMNI area - the Sears site. This item is on the December 15th
County Commission Agenda Feasibility Study..."
Mayor Suarez: Who wants this on the record?
Commissioner Dawkins: Me.
Mayor Suarez: All right.
I want it on the record.
Thank you, Annette.
Commissioner Plummer: Wait a minute. May I understand what's going on?
Ms. Eisenberg: Dusseau is proposing the Sears site for a homeless shelter.
Commissioner Dawkins: Charles Dusseau of the County.
365 December 10. 1992
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Mayor Suarez: All right. Obviously, it's not going to go very far. Thank
you, Annette. All right. Ringo, what do you need?
Commissioner Plummer: Wait a minute. May i inquire? Can he do that legally
under our ordinances?
Ms. Eisenberg: They own it.
Commissioner Plummer: Can they do it under our zoning ordinances, what I'm
asking?
Mr. Sergio Rodriguez (Assist. City Manager): I haven't checked myself because
I didn't know about it, but I think...
Mayor Suarez: Folks, the Sears site was donated for a performing art center.
I have no idea what any of that means.
Commissioner Plummer: Mr. Mayor, excuse me. If it is not permissible under
our ordinances, I think that Sergio ought to appear...
Mayor Suarez: Absolutely.
Commissioner Plummer: ...at the meeting and tell them they can't legally do
this.
Mayor Suarez: Absolutely and I doubt that Mr. Dusseau is really proposing
that, although, we certainly have had some agreement with Commissioner
Dusseau.
85. REFER TO ADMINISTRATION REQUEST FROM RINGO CAYARD (HAITIAN AMERICAN
FOUNDATION, INC. [HAFI]) FOR PURCHASE OR LEASE OF A BUILDING TO THE
HAITIAN COMMUNITY.
Mayor Suarez: OK. Ringo.
Mr. Ringo Cayard: Ringo Cayard, 407 N.E. 36th Street. Mayor, lady and
gentlemen of the Commission. We received some money from you, obviously some
time ago, and the only problem is that we could never get it. This is may be
my third time here trying to get the funds, in order to purchase a building
for the Haitian American Foundation. Our lawyers and the City lawyers have
been going through the papers and all that and somehow we cannot get it.
Three days ago we received the last notice from the owners telling us if we
don't do something, he's going to put the building back on the market and at
this stage, I think something should be worked out in order to let it happen.
So...
Mayor Suarez: What do you need from us?
366
December 10, 1992
Commissioner Alonso: What do you need us to do?
Mr. Cayard: We have about $200,000 somewhere, you know, reserved for the
Haitian community.
Commissioner Plummer: Excuse me. Reserved not for you...
Mr. Cayard: No, no, I didn't say for me.
Commissioner Plummer: ...but for the Haitian community in general.
Mr. Cayard: That exactly what I said.
Commissioner Plummer: The problem is I think that we have is that you have to
have the appraisals - two appraisals...
Mr. Cayard: That's no problem.
Commissioner Plummer: We don't have them.
Mr. Cayard: I know.
Commissioner Plummer: And we can't grant it. According to the City
Attorney...
Mayor Suarez: You want us to make a motion to have the Administration to work
with you to explore whether this is a worthwhile community development project
that falls under that $200,000 allocation. Is that what you want us to do?
Commissioner Plummer: No, no, not what I want to do.
Mayor Suarez: No?
Commissioner Plummer: No. Mr. Mayor, I have no problem with acquiring the
building in the City's name. OK. In other words, I don't think that we
should be giving out $100,000...
Mayor.Suarez: I didn't mean for that. I just meant for them to explore. It
ultimately will have to be approved here.
Commissioner Plummer: Oh, that's fine.
Mr. Cayard: Mr. Mayor...
Commissioner Plummer: That's not what he wants.
Commissioner Alonso: If the City of Miami contacted the owner, will he extend
' the period of...
Mr. Cayard: Oh, yes. We did that, thanks.
Commissioner Alonso: He will.
367 December 10, 1992
f,• t1 Y5 01 bk b
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Commissioner Plummer: That's fine, to contact the owner of the building in
question for the Haitian...
Mr. Cayard: There's something we can do to solve the whole matter. OK, fine.
The City wants to buy it. Fine. The total building is one oh five. To
remodel the building is $15,000 which is one twenty.
Commissioner Plummer: You put up the money for the renovations.
Mr. Cayard: J.L., that is going to be your building. The City's building.
Commissioner Plummer: That's right, but if you're going to renovate, you put
up the money for the renovations.
Mr. Cayard: So, how can we do it?
Commissioner Plummer: You put up the money for the renovations.
Mr. Cayard: How could we put up the money to something that belongs to the
City? That's the whole purpose of...
Commissioner Plummer: Why not? You're going to occupy it. Pay me a dollar a
year to occupy.
Mr. Cayard: Yes, but this is the City property. The money is there for it
any way. We can do it...
Commissioner Plummer: You going to pay for insurance and all of the rest of
the building?
Mr. Cayard: Yes, we will pay for insurance and we'll pay for everything else,
you know. Set aside $120,000, buy the building and lease it to us, like, ten
years. Five years, five-year option and like that that solves the problem.
You can pass the motion tonight. We solve it. You contact the owners
tomorrow. He's happy. Everybody is happy. If I have to, I'll put a deposit
from me... refundable to me and when we close...
A. Quinn Jones III, Esq. (City Attorney): Be careful, you got that lease
problem.
Commissioner Plummer: Yeah. Proceed as the Mayor suggested as far as I'm
concerned. Proceed to work with the Administration.
Mayor Suarez: Yeah, we have to make a motion of intent, but all of the
logistics have to be solved by the Administration I have a feeling this matter
would not be ultimately disposed of until it came back for Commission
approval, Ringo.
Commissioner Plummer: I don't think it can be legally.
Mayor Suarez: There is no way.
Commissioner Plummer: I move that it be sent to the Manager for further
discussion and consideration.
368 December 10, 1992
r4,f i emu, -i7{gwB
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Mayor Suarez: Implementation to the extent that he can within his discretion.
Moved and second.
Commissioner Alonso: Don't give a deposit. You might lose it.
Commissioner Plummer: That's right.
Mayor Suarez: Take your own chance on the deposit.
Mr. Cayard: Yes. What about the amount? Why don't we set aside so much and
put according to whatever the Administration will say. At least we would
know..o because let's say two weeks later some other agency come and the money
is gone, then we'll have an empty bag. So set aside so much...
Commissioner Alonso: Do we need two appraisals?
Mayor Suarez: No, no, two weeks later the money is not going to be gone
because we're not going to have a Commission meetings. But we can't, right
now, in advance of knowing the project, the price and anything else, approve
it. We can simply refer to the Administration. Yes, the $200,000, as far as
we know, are still earmarked for this kind of thing but not necessarily for
this one. But generally, yes and they should pursue that and get back to us
for final approval.
Commissioner Alonso: All you need at this time is that the owner wait for you
until the process. If the City of Miami contacts the owner and he agrees,
that all it takes.
Mr. Cayard: Yes. But what I was saying, out of the $200,000, we will tell
the owner, OK, we're going to do the deal...
Commissioner Alonso: We cannot give you a set amount because we have to have
the appraisals. That's the problem, otherwise, we can make a motion right now
to grant you the money.
Mayor Suarez: We don't even have Community Development here. Move and
seconded. Any discussion? Call the roll.
Commissioner Plummer: Let's go home.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-822
A MOTION REFERRING TO THE ADMINISTRATION REQUEST
RECEIVED FROM RINGO CAYARD (HAITIAN AMERICAN
FOUNDATION) IN CONNECTION WITH THE PURCHASE OF A
BUILDING WITH CITY FUNDS PREVIOUSLY EARMARKED FOR THIS
PURPOSE OR TO HAVE SIAD GROUP LEASE SPACE FROM THE
CITY; FURTHER DIRECTING THE CITY MANAGER TO RESOLVE
THIS MATTER TO THE EXTENT POSSIBLE WITHIN HIS
DISCRETION AND COME BACK WITH A RECOMMENDATION FOR
FINAL APPROVAL BY THE COMMISSION.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS DURING ROLL CALL:
Mr. Cayard: What is the motion?
Mayor Suarez: The motion is to have the administration work with you to try
to prepare the documentation for this. Using the money earmarked for this
kind of project but not this one specifically.
86. (Continued Discussion) ADD TONY VARONA'S NAME TO A LIST OF NAMES TO BE
HONORED BY CODESIGNATION OF CITY STREETS. (See label 3)
Vice Mayor De Yurre: Mr. Mayor, I would like to amend my morning ordinance of
adding the name also of Tony Varona to the list of streets to be named.
Mayor Suarez: All right, sir. So move...
Commissioner Dawkins: That whirlybird, J.L.
Mayor Suarez: Second by...
Commissioner Dawkins: I'll second.
370 December 10, 1992
L ,,
Mayor Suarez: ...Commissioner Dawkins. Call the roll.
Lt. Joseph Longueira: Number 27.
Commissioner Plummer: Well, read it. Bead 27.
Commissioner Alonso: What's that? Wait a second. Let's finish with this
first.
Mayor Suarez: Wait. Let me call the roll on this.
Vice Mayor De Yurre: To add the name of Tony Varona to the list of three
names that I had for street nomination.
Mayor Suarez: It should be street or monuments, so we don't change too many
streets. Monuments in the different part of the City.
The following motion was introduced by Vice Mayor De Yurre, who moved
its adoption:
MOTION NO. 92-823
A MOTION TO AMEND PREVIOUSLY ADOPTED MOTION 92-766 BY
ADDING THE NAME OF TONY VARONA TO THE LIST OF NAMES TO
BE HONORED THROUGH CO -DESIGNATION OF CITY STREETS
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS DURING ROLL CALL:
Commissioner Plummer: This is for a monument?
Vice Mayor De Yurre: No, man. It's a street thing...
Commissioner Alonso: Street naming.
Vice Mayor De Yurre: Street naming.
Commissioner Plummer: Well, OK. Under the understanding that we not no
longer going to do a mile and a half, we going to do intersection.
Vice Mayor De Yurre: No, what we decided under our guides and procedures.
371 December 10, 1992
87. ALLOCATE $171,200 FOR FLIGHT TIME AND MAINTENANCE OF TWO AIR RESCUE
HELICOPTERS -- DIRECT MANAGER TO ENTER INTO AGREEMENTS NECESSARY TO
OPERATE THE AVIATION DETAIL.
Mayor Suarez: The item?
Commissioner Plummer: Read the whirlybird.
Lt. Joseph Longueira: OK, it was item number 27.
Commissioner Plummer: Read it.
Lt. Longueira: "A Resolution allocating funds for the flight time and
maintenance of two air rescue helicopters, in an amount not to exceed
$171,200, and directing the City Manager to enter into any and all agreements
necessary to operate the Aviation Detail."
Commissioner Plummer: I so move.
Commissioner Alonso: Second.
Mayor Suarez: Moved and second. Any discussion? Please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-824
A RESOLUTION ALLOCATING FUNDS FOR THE FLIGHT TIME AND
MAINTENANCE OF TWO AIR RESCUE HELICOPTERS, IN AN
AMOUNT NOT TO EXCEED $171,200, AND DIRECTING THE CITY
MANAGER TO ENTER INTO ANY AND ALL AGREEMENTS NECESSARY
TO OPERATE THE AVIATION DETAIL; ALLOCATING FUNDS
THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING
BUDGET, INDEX CODE 290201-270.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
372
December 10, 1992
WOK
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor Be Yurre
Mayor Xavier L. Suarez
NOES: None,
ABSENT: None.
88. EXTEND FOR THREE MONTHS CURRENT CONTRACT FOR RENTAL OF CITY POLICE
VEHICLES -- DIRECT MANAGER TO RE -BID SAID CONTRACT.
------------- ------------------------------------------------
Commissioner Plummer: Read the one on the cars. Who has the one on the cars?
Lt. Joseph Longueira: On the purchase?
Commissioner Plummer: Purchase.
Lt. Longueira: Ron. And I got the rentals.
Commissioner Alonso: You mean the pocket items of the 170?
Commissioner Plummer: Yeah, I don't like it.
Mr. Ron William (Assist. City Manager): That one had already been read into
the record by...
Commissioner Plummer: Well, she's going to invoke the rule. Next item. Read
the rentals.
Lt. Longueira: OK. The rental car issue, I'll read it but I'm sure there is
going to be some discussion. You want to have this discussion.
Commissioner Plummer: Excuse me. You have some ideas about it?
Commissioner Alonso: About what?
Commissioner Plummer: No, I thought the matter was resolved.
Lt. Longueira: The matter is resolved. Here's our the situation. They want
to rebid- the rental car contract, but they're not willing to extend their
current contract under the same terms and conditions to cover us.
Commissioner Plummer: What are we going to do? You're going to leave us in
the lurch?
Commissioner Alonso: How in the world...
373 December 10, 1992
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Lt. Longueira: 5o we have no cars. What we're saying is award the contract
to InterAmerican for a year or if you want us to rebid, award it for six
months and give us time to rebid it.
Commissioner Plummer: You don't need six months.
Lt. Longueira: The reason he need six months...
Commissioner Plummer: You can rebid it in three.
Lt. Longueira: Commissioner, the problem is in three months time his
turnaround on cars 1s six months. January 1, when we want the cars is peak
time of the year. He's got to go buy the cars. If at the end of three
months, he doesn't get the contract, he eats them for the next three while
It's the low time. Why should he suffer when this guy won't abide by the
terms and conditions of his contract?
Commissioner Alonso: Yeah.
Lt. Longueira: He'll do it for six.
Commissioner Plummer: I'm sorry. You told me it was a straight job. It's
not.
Lt. Longueira: OK. We need to resolve this because we're out of cars come
December 31.
Commissioner Plummer: Obviously, you're not going to resolve it, Joe. That
is why I asked you if you problem had been worked out.
Commissioner Alonso: Six months. What's wrong with six months?
Commissioner Plummer: He doesn't want to extend the six months.
Commissioner Alonso: Why not?
Commissioner Plummer: That means we are going to be left in the lurch.
Major Don Warshaw: Commissioner, we're talking about InterAmerican for six
months.
Commissioner Alonso: Well, then award the other contract.
Major Warshaw: The other option would be, and Mr. Perera is here to speak to
the issue, he's willing for three months to continue the contract. The
problem Is his insurance Is through a private carrier, it expires on midnight
on December 31st. He's concerned that the price is going to go up. He is
willing to continue the contract for three months providing it can be
' increased somewhere between, and you tell me if I'm wrong, $575 to $600 per
month. Right now, we're paying $548. So, he wants some options, some cushion
that when the insurance rate goes up, he can pass that on to us so it won't
impact on his profit. We're willing to do that for three months and then
during that period of time, he'll have the opportunity to rebid and we'll
bring all that back to you within the next 90'days.
374 December 10, 1992
Commissioner Alonso: If you don't take any action, what happens?
Major Warshaw: If we don't take any action on December 31st, all these rental
cars are gone. You have none.
A. Quinn Jones III, Esq. (City Attorney): Is there a provision...?
Commissioner Alonso: No, we can't do that. We have to take action.
Vice Mayor De Yurre: What can we do legally?
Mr. Jones: Is there a provision in the present contract to amend it to
accommodate those?
Lt. Longueira: We have been advised by Purchasing - no, there's not.
Mr. Jones: Well, you've got a problem.
Commissioner Plummer: As far as I'm concerned, there's not a resolution. I'm
sorry. I misunderstood. I thought it was a matter that was resolved and it
was a matter of just a very simple vote. OK. It's not that.
Commissioner Alonso: Yes, but they need cars.
Commissioner Dawkins: If you do not do anything, does the present contract be
in order? Why not?
Lt. Longueira: He won't go past December 31st.
Commissioner Dawkins: Why?
Major Warshaw: Because his insurance expires at midnight.
Commissioner Plummer: That's his choice.
Commissioner Dawkins: He may get insurance.
Major Warshaw: He will but he's concern that the price is going to go...
Commissioner Alonso: He gave notification that it's going to end his contract
at that time.
Commissioner Dawkins: What price?
Major Warshaw: His insurance price that he passes on to us.
Commissioner Dawkins: Didn't he just tell us on the 31st that he doesn't want
the contract. What's the problem?
Vice Mayor De Yurre: They got to have a car on the 1st.
Commissioner Alonso: That we have to have a new contract with new cars.
375 December 10, 1992
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Lt. Longueira: the alternative, Commissioners, is to award to InterAmerican.
Now, I understand he didn't receive a bid but 25 vendors did receive bids,
25.
Commissioner Alonso: How long? For one year?
Lt. Longueira: One year.
Commissioner Alonso: OK, we would have to go that way 1f that...
Lt. Longueira: He didn't receive one because he told the City he didn't want
to do business with them.
Commissioner Plummer: With 25 vendors, Ron, how many responded?
Lt. Longueira: One.
Commissioner Alonso: Go to the mike. What are you saying? Go ahead, say
something now or we're going to lose...
Mr. Robin Lukaes: Robin Lukaes, 1825 Coral Way. In reference to this
contract, you need you to understand that this vendor, the present vendor to
the City, who has, as we discussed earlier this morning, I don't want to get
into the issue again, has not been able to get the cooperation from the City
in term of the payment, in term of the agreement for the diminished value of
vehicles that were misused or utilized in the pursuit and transportation of
prisoner. This vendor is willing...
Commissioner Alonso: Well, I think that was clarified this morning. And I
think it has been a question of misunderstanding but I don't think that the
City really indeed did all of what you say.
Mr. Lukaes: Let me move on then.
Commissioner Plummer: Sir, do you want to extend for three months the same
terms and conditions that you got today?
Mr. Lukaes: We don't...
Commissioner Plummer: I asked a simple question, yes or no.
Mr. Lukaes: I would like to respond...
Commissioner Plummer: Yes or no.
Mr. Lukaes: There's an unknown in insurance...
Commissioner Plummer: I move that we give the contract to InterAmerican for a
period of one year. I tried to offer it, sir.
Commissioner Alonso: Yes.
Vice Mayor De Yurre: Do we have a second?
376 December 10, 1992
Commissioner Alonso: I second.
Vice Mayor De Yurre: OK. Any further discussion? Going once...
Commissioner Alonso: We have no choice. They need cars. We have to award
something.
Mr. Lukaes: May I speak to this issue?
Commissioner Alonso: Well, you better before they leave.
Mr. Jones: You got a motion on the floor.
Commissioner Alonso: Well.
Vice Mayor De Yurre: Is he going to extend it or not?
Mr. Lukaes: May I speak to my client for one moment to see if he can
utilize...? Do you want...can you afford to do it at 548 for three months?
Mr. Jones: Vice Mayor, you have a motion pending.
Mr. Ismael Perera: My name is Ismael Perera, Royal Rent A Car, 1199 N. W. Le
Jeune 7 Road.
Vice Mayor De Yurre: Wait, don't explain it. Can you do it? Will you take
the extension for three months under the same terms and conditions? Yes or
no. That's it.
Mr. Lukaes: For the City to be able to rebid the process.
Mr. Perera: OK.
Vice Mayor De Yurre: You will take it?
Mr. Perera: Yes.
Vice Mayor De Yurre: OK.
Commissioner Alonso: Same condition then...
Commissioner Plummer: I rescind my motion and now ask the Administration to
go out for rebidding, understanding the full terms and conditions..
Vice Mayor De Yurre: And do we need a motion to extend the three months, or
you can do that on your own?
Mr. Jones: Is there a provision...
Commissioner Alonso: Second.
Lt. Longueira: To extend, yes. It was for a year but we only going to do
three months.
377 December 10, 1992
Mr. Jones: There is a provision to extend it?
Lt. Longueira: Second year, yes.
Vice Mayor De Yurre: You don't need anything from us. There's a motion and
second to go out and rebid. Call the roll now.
Commissioner Plummer: You got to have a motion from us to accept three
months.
Vice Mayor De Yurre: Commissioner Alonso seconds.
Commissioner Alonso: No, they say they don't need one because there's a
provision on the contract for one year.
Vice Mayor De Yurre: No, I'm talking about rebidding. No, rebidding is what
we're voting on.
Commissioner Alonso: Yes, exactly.
Mr. Jones. Please, hold on. Vice... Madam...
Vice Mayor De Yurre: Take your pick.
Mr. Jones: Vice Mayor, from what I understand, and I don't have a contract
before me, but the contract allows for an extension but it allows only for one
year extension.
Commissioner Plummer: That's right.
Commissioner Alonso: OK. So, we have to make another motion, say for
three...
Commissioner Plummer: My motion was including both, three months and rebid.
Commissioner Alonso: OK. Fine. Go ahead. Second.
Vice Mayor De Yurre: OK. Call the roll.
378 December 10, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-825
A RESOLUTION REJECTING ALL BIDS RECEIVED BY THE CITY
OF MIAMI IN CONNECTION WITH THE FURNISHING OF
AUTOMOBILE LEASE/RENTAL SERVICES FOR THE DEPARTMENT OF
POLICE; DIRECTING THE CITY MANAGER TO SEEK NEW BIDS
BASED ON SUCH SPECIFICATIONS AS HE DEEMS APPROPRIATE
FOR THE PROCUREMENT OF SAID SERVICES AND TO PRESENT
THE BID THAT IS MOST ADVANTAGEOUS, RESPONSIBLE AND
RESPONSIVE TO THE CITY COMMISSION FOR APPROVAL;
EXTENDING THE CONTRACT WITH ROYAL RENT -A -CAR OF
FLORIDA ("ROYAL") FOR AN ADDITIONAL THREE (3) MONTH
PERIOD AT THE SAME PRICE, TERMS, AND CONDITIONS FOR
THE FURNISHING OF SAID SERVICES; ALLOCATING FUNDS
THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND; AND
FURTHER AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
SAID SERVICES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: None.
ABSENT: Mayor Xavier L. Suarez.
Commissioner Alonso: We hope it's acceptable like that.
Vice Mayor De Yurre: Good Night, Merry Christmas. Happy Holidays.
Lt. Longueira: Thank you, sir.
379 December 10, 1992
THERE BEING NO FURTHER BUSINESS TO CONE BEFORE THE CITY
CONNISSION, THE MEETING WAS ADJOURNED AT 8:32 PM.
ATTEST:
Natty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Xavier L. Suarez
MAYOR
380 December 10, 1992