HomeMy WebLinkAboutCC 1991-01-10 MinutesCITY OF MIAMI
INCORPMORATE111)
18 R 96
46- S
F -
AiINU, TES
OF MEETING HELD ON JANUARY 10, 1991
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
JANUARY 10, 1991
ITEM SUBJECT LEGISLATION
NO.
1. PRESENTATIONS, PROCLAMATIONS, AND PRESENTED
SPECIAL ITEMS. 1/10/91
(A) LUIS CABRERA - MOST OUTSTANDING
OFFICER OF DECEMBER, 1990.
(B) BASHEVA WRIGHT, CITY OF MIAMI
EMPLOYEE - FOR DEDICATION AND
COMMITMENT.
(C) WINNERS OF "MOST ORIGINAL HOLIDAY
BARREL COMPETITION": PARKS AND
RECREATION DEPARTMENT (1ST); LAW
DEPARTMENT (2ND).
(D) RECOGNITION OF GOSPEL CHOIR TRIP
TO VERONA, ITALY.
(E) WORLD CHAMPION VOLLEY BALL TEAM -
WOLFSON CAMPUS, MIAMI-DADE COMMUNITY
COLLEGE (COACH: ALBERT SCHLAZER).
2. BRIEF DISCUSSION AND WITHDRAWAL OF DISCUSSION
CONSENT AGENDA ITEMS CA-1, CA-4, 52 AND 1/10/91
59.
3. BRIEF COMMENTS CONCERNING WITHDRAWAL OF DISCUSSION
PROPOSED SECOND READING ORDINANCE, 1/10/91
AMENDING CODE SECTION 50-2, TO PROVIDE
FOR ENLARGED BOUNDARIES OF PROTECTED OR
RESTRICTED ANCHORAGE AREAS WITHIN
DINNER KEY MARINA YACHT AREA BASIC AND
BAYFRONT PROHIBITIVE ANCHORAGE AREA /
MIAMARINA BAYFRONT PROHIBITED ANCHORAGE
AREA.
4. MAYOR SUAREZ COMPLAINS ABOUT DISCUSSION
CONFLICTING SCHEDULING OF AGENDA ITEMS. 1/10/91
5. BRIEF COMMENTS AND DEFERRAL OF PROPOSED DISCUSSION
CONSOLIDATION OF OFFICE SPACE FOR CITY 1/10/91
DEPARTMENTS (PROPOSED NEW
ADMINISTRATION BUILDING) - DEFERRED TO
FEBRUARY 14TH MEETING. (See label 73)
6. CONSENT AGENDA
PAGE
NO.
1
2
2-3
3
3-5
DISCUSSION 5
1/10/91
6.1 ACCEPT BID: MANOLO HORTA PAINTING - FOR R 91-1
FURNISHING PRESSURE CLEANING SERVICES 1/10/91
TO DEPARTMENT OF COMMUNITY
DEVELOPMENT - ALLOCATE $15,000 FROM
11TH YEAR FUNDS.
6.2 ACCEPT BID: AIRKO SERVICE, INC. - FOR R 91-2
FURNISHING AND INSTALLATION OF AIR 1/10/91
CONDITIONING SYSTEM AT FIRE STATION NO.
7 FOR DEPARTMENT OF ENVIRONMENTAL
SERVICES AND OPERATIONS MANAGEMENT /
PROPERTY MAINTENANCE DIVISION.
1.1
2
V1.
T
6.3
ACCEPT BID: POOLE AND KENT COMPANY -
R 91-3
BASE BID FOR STORM SEWER PUMP
1/10/91
REPLACEMENTS - 1990 (PROJECT 352184).
6.4
EXECUTE AMENDMENT TO AGREEMENT WITH
R 91-4
ANDRES DUANY AND ELIZABETH PLATER-
1/10/91
ZYBERK, ARCHITECTS, INC. - INCREASE
CONTRACT ($30,000) FOR COMPLETION OF
DESIGN DEVELOPMENT AND CONSTRUCTION
DOCUMENT PHASES OF 30 UNIT SINGLE
FAMILY HOUSING DEVELOPMENT (MODERATE
INCOME FAMILIES) ON ST.HUGH OAKS
ACADEMY PROPERTY IN COCONUT GROVE (CIP
321034).
6.5
ACCEPT GRANT-IN-AID AWARD FROM FLORIDA
R 91-5
DEPARTMENT OF STATE, DIVISION OF
1/10/91
HISTORICAL RESOURCES, BUREAU OF
HISTORIC PRESERVATION - FOR FUNDING
MIAMI FIRE MUSEUM (CIP 313231).
6.6
ESTABLISH SPECIAL MOORING AND DOCKAGE
R 91-6
FEE ($0.65 PER LINEAR FOOT PER DAY) -
1/10/91
FOR USE OF SLIPS AT MIAMARINA BY GUESTS
OF BISCAYNE BAY MARRIOTT HOTEL AND
MARINA, AND MIAMI INTERNATIONAL BOAT
SHOW - DIRECT CITY MANAGER TO ESTABLISH
SPECIAL MOORING AND DOCKAGE RATES IN
SUBSEQUENT YEARS.
6.7
ESTABLISH SPECIAL CHARGES, TERMS, AND
R 91-7
CONDITIONS FOR USE OF MIAMI BASEBALL
1/10/91
STADIUM BY WINTERBALL, INC. - FOR
PRESENTATION OF WINTERBALL 'SERIE DEL
CARIBE.
6.8
AUTHORIZE CITY ATTORNEY TO INITIATE
R 91-8
LEGAL PROCEEDINGS AND CIVIL ACTION
1/10/91
AGAINST THOMAS BENJAMIN (OWNER OF
THOMAS BENJAMIN PLUMBING, INC.) - TO
RECOVER LOAN FUNDS - (MODEL CITY SMALL
BUSINESS DEVELOPMENT PILOT LOAN
PROGRAM - $64,453.62).
6.9
AUTHORIZE CITY ATTORNEY TO INITIATE
R 91-9
LEGAL PROCEEDINGS AND CIVIL ACTION
1/10/91
AGAINST ALVESTER MARTIN, PAUL BANNERMAN
AND OLIVER GROSS (D/B/A INTREPID THREE
COMPANY, INC.) - TO RECOVER LOAN FUNDS
(MODEL CITY SMALL BUSINESS DEVELOPMENT
PILOT LOAN PROGRAM - $11,825).
6.10
AUTHORIZE CITY ATTORNEY TO INITIATE
R 91-10
LEGAL PROCEEDINGS AND CIVIL ACTION
1/10/91
AGAINST CHARLES & MARINA SHERRER, AND
STEWART GLADSDEN (D/B/A SHERRER AND
SHERRER ACCOUNTING SERVICE) - TO
RECOVER LOAN FUNDS (MODEL CITY SMALL
BUSINESS DEVELOPMENT PILOT LOAN
PROGRAM - $11,837.62).
6.11
AUTHORIZE CITY ATTORNEY TO INITIATE
R 91-11
LEGAL PROCEEDINGS AND CIVIL ACTION
1/10/91
AGAINST ROBERT SANDERS, ALVIN ROBINSON
AND ROBERT WILLIAMS (D/B/A TROPICAL
CLEAR BLUE LAUNDRY SYSTEMS, INC.) - TO
RECOVER LOAN FUNDS (CITYWIDE SMALL
BUSINESS DEVELOPMENT PILOT LOAN
PROGRAM - $42,070.57).
6
7
7
0
0
0
Ef
0
v 1
6.12 EXECUTE AGREEMENT WITH Z-MART DISCOUNT R 91-12
DEPARTMENT STORE, INC. ($200,000) - FOR 1/10/91
REHABILITATING, RENOVATING AND
PURCHASING INVENTORY OF Z-MART STORE AT
1100 N.W. 54 STREET (MINI-UDAG
PROGRAM).
6.13 RATIFY EMPLOYMENT OF LAW FIRM OF R 91-13
MCDERMOTT, WILL AND EMERY TO SERVE AS 1/10/91
COUNSEL BEFORE U.S. BANKRUPTCY COURT
CONCERNING: (a) CAL-FLORIDA MARINE
INDUSTRIES, INC. (Case No. 90-17879-
BKC-SMW), AND (b) DINNER KEY BOATYARD
JOINT VENTURE (Case No. 90-17880-BKC-
SMW).
6.14 GRANT REQUEST FROM GREATER MIAMI R 91-14
RUNNING ASSOCIATION FOR USE OF 1/10/91
DESIGNATED STREETS IN COCONUT GROVE
DURING MERCY HOSPITAL HEALTH RUN 5-MILE
RACE.
6.15 GRANT REQUEST BY MIAMI-DADE COMMUNITY R 91-15
COLLEGE, WOLFSON CAMPUS FOR CLOSURE OF 1/10/91
DESIGNATED STREETS CONCERNING KIZOMBA
EVENT - ESTABLISH PEDESTRIAN MALL.
6.16 GRANT REQUEST FROM BIPRISA FOR USE OF R 91-16
DESIGNATED STREETS DURING JOSE MARTI 1/10/91
PARADE.
10
10
10
11
11
6.17
ACCEPT PLAT: DOUGLAS GARDENS WEST.
R 91-17
11
1/10/91
6.18
EXECUTE AGREEMENT WITH MUNICIPAL CODE
R 91-18
12
CORPORATION - FOR REPUBLISHING AND
1/10/91
CODIFICATION OF (a) THE CHARTER AND
CODE OF THE CITY OF MIAMI, AND (b)
ORDINANCE 11000, THE CITY'S NEW
COMPREHENSIVE ZONING ORDINANCE.
7.
(A) PERFORMANCE REVIEW OF CITY MANAGER.
R 91-19
12-34
(B) DISCUSSION CONCERNING: (a) CITY
DISCUSSION
RESIDENCY REQUIREMENT OR CITY
1/10/91
EMPLOYEES; (b) DEAN MIELKE'S
RESIGNATION; (c) THE NECESSITY OF A
PUBLIC INFORMATION OFFICER'S POSITION
IN FIRE DEPARTMENT; (d) BAYFRONT PARK;
(e) ROBERTO CLEMENTE PARK; M NEED FOR
IN-HOUSE TRAINING OR EMPLOYEES BY THEIR
PREDECESSORS AND/OR EXPERIENCED
SUPERVISORS; AND (g) NEED TO URGE
EMPLOYEES OF RETIREMENT AGE TO RETIRE.
8.
SECOND READING ORDINANCE: AMEND CODE
ORDINANCE
34-35
SECTION 2-302 (CONFLICTS OF INTEREST) -
10823
AUTHORIZE APPEARANCES BY MEMBERS OF
1/10/91
BOARDS, COMMISSIONS AND AGENCIES OF THE
CITY BEFORE THE CITY COMMISSION IN
REPRESENTATION OF THIRD PARTIES -
CONTINUE PROHIBITION OF APPEARANCES
BEFORE MEMBERS' OWN BOARDS.
9.
ACCEPT THE OVERTOWN INDEPENDENT REVIEW
R 91-20
35-52
PANEL'S FINAL REPORT CONCERNING
1/10/91
ECONOMIC ISSUES RELATIVE TO THE
OVERTOWN CIVIL DISTURBANCE.
10.
AUTHORIZE EXECUTION OF AGREEMENT WITH
R 91-21
52-64
EDWARD J. GERRITS, INC., GENERAL
1/10/91
CONTRACTORS, FOR A CITY LOAN TO ASSIST
IN CONSTRUCTION OF NEW CORPORATE
FACILITY (TO REPLACE ONE BURNED DOWN
DURING WYNWOOD CIVIL DISTURBANCE).
11.
AUTHORIZE SUBMITTAL OF APPLICATION TO
R 91-22
65
U.S. DEPARTMENT OF INTERIOR NATIONAL
1/10/91
PARK SERVICE - FOR GRANT FUNDING FOR
IMPROVEMENTS TO DORSEY PARK (CIP
331357) UNDER URBAN PARK AND RECREATION
RECOVERY PROGRAM ($250,000), WITH LOCAL
MATCH ($50,000) TO REVITALIZE OVERTOWN
NEIGHBORHOOD COMMUNITY.
12.
SECOND READING ORDINANCE: REPEAL CODE
ORDINANCE
66-67
CHAPTER 19 (FIRE PROTECTION) - CREATE
10824
NEW CHAPTER 19 - ADOPT PROVISIONS OF
1/10/91
SOUTH FLORIDA FIRE PREVENTION CODE
CONTAINING REGULATORY MEASURES,
INCLUDING PERMITS AND BUILDING PLANS,
INSPECTIONS, REGULATION OF EXPLOSIVES,
DEMOLITION AND FIREWORKS, SPECIAL OFF -
DUTY SERVICES, etc.
13.
SECOND READING ORDINANCE: AMEND
ORDINANCE
67
10689 - INCREASE APPROPRIATION FOR
10825
SPECIAL REVENUE FUND: DADE COUNTY EMS
1/10/91
(EMERGENCY MEDICAL SERVICES) GRANT
AWARD (FY 189).
14.
SECOND READING ORDINANCE: AMEND
ORDINANCE
68-69
10782 - REDUCE APPROPRIATIONS FOR
10826
BAYFRONT PARK REDEVELOPMENT - LIGHT
1/10/91
TOWER (CIP 331230) - INCREASE
APPROPRIATIONS FOR: (a) BAYFRONT PARK
REDEVELOPMENT - PEPPER FOUNTAIN (CIP
331306), AND (b) BAYFRONT PARK
REDEVELOPMENT - SOUTH END AND CHOPIN
PLAZA COURT (CIP 331305).
15.
FIRST READING ORDINANCE: AMEND 6145
ORDINANCE
69-71
CONCERNING ESTABLISHED FEES FOR
FIRST READING
BUILDING, PLUMBING, ELECTRICAL,
1/10/91
MECHANICAL, INSPECTION, PERMIT AND
CERTIFICATE FEES - ADD NON-REFUNDABLE
FEE FOR ONGOING UPDATING OF CONTRACTOR
DOCUMENTATION STATUS.
16.
FIRST READING ORDINANCE: CLARIFY CODE
ORDINANCE
72-73
CONCERNING EXPENSES TO BE BORNE BY
FIRST READING
APPLICANT REQUESTING STREET
1/10/91
CODESIGNATION - CORRECT SCRIVENER'S
ERROR IN SECTION 54-90 - AMEND 54-90,
54-92 AND 54-93 - REPEAL 54-94.
17.
FIRST READING ORDINANCE: - ESTABLISH
ORDINANCE
73-75
SPECIAL REVENUE FUND: COCONUT GROVE
FIRST READING
SPECIAL EVENTS DISTRICT FUND -
1/10/91
APPROPRIATE FUNDS ($28,000) CONSISTING
OF MONIES RECEIVED RELATIVE TO
ESTABLISHMENT OF THE COCONUT GROVE
SPECIAL EVENTS SUPPLEMENTARY FEE.
18.
DEFER PROPOSED FIRST READING ORDINANCE
DISCUSSION
75
MAKING APPROPRIATIONS FOR THE DOWNTOWN
1/10/91
DEVELOPMENT AUTHORITY TO THE NEXT
MEETING
1 1
19. FIRST READING ORDINANCE: AMEND CODE ORDINANCE 76
SECTION 54-17 - AUTHORIZE PUBLIC WORKS FIRST READING
TO ERECT A FENCE ACROSS NATOMA STREET, 1/10/91
TA-LU-GA DRIVE AND ALATKA STREET AT
THEIR INTERSECTION WITH SOUTH DIXIE
HIGHWAY TO ENHANCE PUBLIC SAFETY.
20. FIRST READING ORDINANCE: AMEND 10794, ORDINANCE 77
THE APPROPRIATIONS ORDINANCE - FIRST READING
FORMALIZE CITY COMMISSION ACTIONS AND 1/10/91
IMPLEMENT OTHER AMENDATORY CHANGES.
21.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE 77-78
SECTION 2-422 (INTERNATIONAL TRADE
FIRST READING
BOARD) - ADD FIVE NEW REGULAR MEMBERS
1/10/91
AND FIVE NEW ALTERNATE MEMBERS - MODIFY
QUORUM REQUIREMENT AND VOTES REQUIRED
FOR BOARD ACTION.
22.
(A) REFER BACK TO ADMINISTRATION FOR
M 91-23 78-85
REDRAFTING PROPOSED FIRST READING
1/10/91
ORDINANCE REQUIRING CONTRACTORS AND
VENDORS TO GIVE MORE DETAIL
(DISCLOSURE) CONCERNING COMPOSITION OF
WORKFORCE, WAGES AND BENEFITS, etc.
(B) REFER BACK TO ADMINISTRATION FOR
REDRAFTING PROPOSED FIRST READING
ORDINANCE CONCERNING REQUIREMENTS PRIOR
TO AWARD OF CERTAIN CONSTRUCTION
CONTRACTS REQUIRING PAYMENT OF OVERALL
HOURLY RATES TO CERTAIN CLASSIFICATIONS
OF WORKERS, etc.
23.
(A) AUTHORIZE PROF`-SIONAL SERVICES
R 91-24 86-88
AGREEMENT WITH KEEP DADE BEAUTIFUL,
R 91-25
INC. ($30,000) - TO PROVIDE PROGRAMS
1/10/91
AND SERVICES TO PREVENT LITTER AND
OTHER DAMAGE TO ENVIRONMENT.
(B) AUTHORIZE PROFESSIONAL SERVICES
AGREEMENT WITH KEEP DADE BEAUTIFUL,
INC. ($20,000) - TO PROVIDE RECYCLING
EDUCATIONAL SERVICES TO CITY RESIDENTS.
24.
(A) GRANT REQUEST FOR CLOSURE OF
M 91-26 88-90
DESIGNATED STREETS CONCERNING BLOCK
R 91-27
PARTY TO CELEBRATE INAUGURATION OF NEW
1/10/91
PRESIDENT IN HAITI (with provisos).
(B) DESIGNATE COMMISSIONER MILLER
DAWKINS AS CITY OF MIAMI REPRESENTATIVE
TO ATTEND THE INAUGURATION OF THE
PRESIDENT OF HAITI.
25.
(A) APPROVE CAPITALIZATION OF PRINCIPAL
R 91-28 91-100
AND INTEREST DUE FROM COCONUT GROVE
DISCUSSION
PLAYHOUSE, INC. LOAN - CONVERT LOAN
1/10/91
INTO GRANT AS A CITY FINANCIAL
CONTRIBUTION (with provisos).
(B) BRIEF COMMENTS IN PROTEST OF
PROPOSED LOAN TO EDWARD J. GERRITS,
INC.
(C) BRIEF COMMENTS CONCERNING STATUS
OF THE CITY HALL SIGN PROJECT.
26.
(A) APPROVE FUNDING FOR PRODUCTION OF
R 91-29 100-117
AN ANTI -SUBSTANCE ABUSE PLAY IN
R 91-30
CONJUNCTION WITH COCONUT GROVE
1/10/91
PLAYHOUSE.
(B) ALLOCATE $200,000 (ON A LOAN
BASIS) TO TEATRO MARTI FOR IMPROVEMENTS
REQUIRED BY CODE ENFORCEMENT BOARD.
27. ACCEPT BIDS FROM 13 SUPPLIERS - FOR R 91-31
FURNISHING OFFICE SUPPLIES (Suppliers: 1/10/91
Barnett Office Supplies, Richard Young,
Decora Office Furniture, Joyce, AFP
Inc., Home Computer, K-Data Products,
Savin of Florida, Apricot, XIPS Corp.,
The Shop, 9 to 5, and Xterling Laser.)
28. AUTHORIZE CITY MANAGER TO PUBLISH R 91-32
REQUEST FOR PROPOSALS (RFP) FROM 1/10/91
MINORITY AND WOMEN -OWNED BANKS - TO
ESTABLISH SPECIAL BANK ACCOUNTS -
PROVIDE FOR APPOINTMENT OF SELECTION
COMMITTEE.
29. (A) DISCUSS AND TEMPORARILY TABLE R 91-33
PROPOSED RESOLUTION AUTHORIZING DISCUSSION
EXECUTION OF MASTER LEASE AGREEMENT 1/10/91
WITH GE CAPITAL PUBLIC FINANCE, INC.
FOR LEASE/PURCHASE OF VEHICLES FOR
POLICE DEPARTMENT.
(B) VICE MAYOR PLUMMER REQUEST
ADMINISTRATION TO FILE REPORT ON: (a)
WORKMEN'S COMPENSATION PROBLEMS
PRESENTLY FACED BY THE CITY, AND (b)
PRESENT CITY LAWSUIT CONCERNING THE
LIEUTENANT'S EXAM.
(C) AUTHORIZE EXECUTIVE OF MASTER
LEASE AGREEMENT WITH GE CAPITAL PUBLIC
FINANCE, INC., FOR LEASE/PURCHASE OF
VEHICLES FOR POLICE DEPARTMENT.
30. (A) ACCEPT BID: URBAN CONTRACTORS, R 91-34
INC. - BASE BID FOR AFRICAN SQUARE PARK R 91-35
RENOVATIONS - BUILDING AND SITEWORK 1/10/91
PROJECT (SECOND BIDDING) B-3237-B
($449,314.85).
(B) ACCEPT BID: BANNERMAN LANDSCAPING,
INC. - BASE BID FOR AFRICAN SQUARE PARK
RENOVATIONS - LANDSCAPE AND IRRIGATION
PROJECT (SECOND BIDDING) B-3237-A
($78,945.24).
31. (A) DISCUSSION WITH MEMBER OF DIGNITY DISCUSSION
FOR THE DISABLED, INC. CONCERNING 1/10/91
HANDICAPPED ACCESS TO CITY FACILITIES
(See label 33).
(B) DISCUSSION CONCERNING HOT DOG
VENDOR CARTS AROUND ORANGE BOWL.
32. WAIVE FACILITY PERMIT FEE AND AUTHORIZE R 91-36
USE OF VIRRICK GYM BOAT RAMP, AND 1/10/91
DESIGNATED PARKING, DURING 1991
MIAMI/CAN AM CLASSES REGATTA (SPONSORED
BY U.S. SAILING CENTER, INC.) - PROVIDE
THAT SEMINOLE BOAT LAUNCHING FACILITY
REMAIN OPEN, etc.
33. (Continued Discussion) DIGNITY FOR THE DISCUSSION
DISABLED, INC. CONCERNING HANDICAPPED 1/10/91
ACCESS TO CITY FACILITIES (See label
31A).
117-118
118-119
120-122
123-125
125-132
132-133
134-135
0 0
34. (A) DIRECT CITY MANAGER TO ADD LANGUAGE
M 91-37
136-147
TO ARTICLE 47 OF THE AFSCME LABOR UNION
M 91-38
AGREEMENT (OCTOBER 1, 1990 - SEPTEMBER
M 91-39
30, 1993) TO INDICATE THAT WHEN THE
R•91-40
i CITY EXERCISES ITS OPTION TO OPEN AN
1/10/91
ARTICLE FOR NEGOTIATION IN TWO YEARS'
TIME IT WILL BE ON THE ISSUE OF CITY
RESIDENCY.
y (B) RECONSIDER PRIOR VOTE ON MOTION
91-37 (DIRECTING CITY MANAGER TO ADD
LANGUAGE TO ARTICLE 47 OF THE AFSCME
LABOR UNION AGREEMENT (OCTOBER 1,
1990 - SEPTEMBER 30, 1993).
(C) CITY COMMISSION EXPRESSES ITS
INTENT TO LEAVE OPEN ITS OPTION TO
REOPEN FOR NEGOTIATION ANY ARTICLE OF
THE AFSCME LABOR UNION CONTRACT IN TWO
YEARS' TIME.
(D) AUTHORIZE CITY MANAGER TO ENTER
INTO COLLECTIVE BARGAINING AGREEMENT
WITH MIAMI GENERAL EMPLOYEES, AFSCME,
LOCAL 1907 (OCTOBER 1, 1990 - SEPTEMBER
30, 1993).
i
35. APPROVE APPOINTMENT OF SPECIAL COUNSEL
R 91-41
148-152
TO REPRESENT DEPARTMENT OF OFFSTREET
1/10/91
j PARKING (DOSP) IN TRANSFER OF REAL
ESTATE OWNED BY DOSP TO THE CITY
(PARKING LOT 19) - IN CONNECTION WITH
NEW WASHINGTON HEIGHTS COMMUNITY
DEVELOPMENT CORPORATION, INC., STATE
PLAZA PROJECT.
36. APPROVE, IN PRINCIPLE, CONCEPT OF
R 91-42
152-158
ACQUIRING MUNICIPAL PARKING LOT 10 FROM
1110/91
DEPARTMENT OF OFFSTREET PARKING (DOSP)
WITH INTENT TO LEASE TO NEW WASHINGTON
HEIGHTS COMMUNITY DEVELOPMENT
CONFERENCE, INC. - FOR DEVELOPMENT OF A
HOTEL AND PARKING GARAGE IN SOUTHEAST
OVERTOWN/ PARK WEST REDEVELOPMENT
TARGET AREA (STATE PLAZA PROJECT).
37. DISCUSSION CONCERNING PROPOSED PURCHASE
DISCUSSION
159-160
OF PROPERTIES IN CONNECTION WITH LATIN
1/10/91
QUARTER PROJECT.
37.1 BRIEF DISCUSSION ON DR. MARTIN LUTHER
DISCUSSION
160
KING JR. PARADE.
I'
1/10/91
38. APPROVE REQUEST BY CUBAN MUNICIPALITIES
R 91-43
161-162
FAIR CORP. FOR USE OF FLAGLER DOG TRACK
1/10/91
PARKING LOT AND NECESSARY PERMITS IN
CONNECTION WITH THE 9TH NATIONAL FAIR
OF CUBAN MUNICIPALITIES IN EXILE.
f.
39. AUTHORIZE EXECUTION OF MEMORANDUM OF
R 91-44
162-163
AGREEMENT WITH: (a) FEDERAL BUREAU OF
1/10/91
PRISONS, (b) FLORIDA STATE HISTORIC
PRESERVATION OFFICER, AND (c) ADVISORY
COUNCIL ON HISTORIC PRESERVATION
` (AUTHORIZING CITY'S PARTICIPATION IN
` THE FEDERAL HISTORIC PRESERVATION
REVIEW PROCESS FOR THE PROPOSED
METROPOLITAN DETENTION CENTER).
40. AUTHORIZE PURCHASE OF POLICE HORSES
R 91-45
164
(LAW ENFORCEMENT TRUST FUND).
1/10/91
41.
AUTHORIZE CONTRIBUTION TO CRIME
R 91-46
STOPPERS ANONYMOUS OF DADE COUNTY
1/10/91
42.
ACCEPT BID: M. VILA AND ASSOCIATES -
R 91-47
FOR MORNINGSIDE HIGHWAY IMPROVEMENT
1/10/91
(SECOND BIDDING - PROJECT 341116).
43.
APPOINT CERTAIN INDIVIDUALS TO THE
R 91-48
MIAMI RIVER COORDINATING COMMITTEE
1/10/91
(Appointed were: Bijan Nakhjavan and
Huber Parsons.)
44.
(A) DISCUSS AND TABLE APPOINTMENT OF
DISCUSSION
INDIVIDUALS TO THE URBAN DEVELOPMENT
1/10/91
REVIEW BOARD.
(B) MAYOR SUAREZ EXPRESSES
DISAGREEMENT WITH ASSIGNMENT OF
STAGGERED TERMS OF APPOINTMENTS TO CITY
BOARDS AND COMMITTEES.
45.
REAPPOINT INDIVIDUALS AS MEMBERS OF
R 91-49
CITY OF MIAMI AFFIRMATIVE ACTION
1/10/91
ADVISORY BOARD - CONFIRM SELECTION OF
AFSCME REPRESENTATIVE. (Reappointed
were: Laurastine Pierce and Nora
Hernandez Hendrix; confirmed AFSCME
representative was: Omar Castro).
46.
WAIVE FORMAL COMPETITIVE BID PROCEDURE
R 91-50
IN ACQUISITION OF SERVICES, EQUIPMENT,
1/10/91
GOODS AND/OR MATERIALS REQUIRED FOR
ROBERTO CLEMENTE PARK REHABILITATION
PROJECT ($1,100,000) - RATIFY MANAGER'S
FINDING OF VALID EMERGENCY.
47.
PERMANENTLY RESTRICT VEHICULAR ACCESS
R 91-51
TO N.W. 34 TERRACE BETWEEN EASTERLY
1/10/91
SIDE OF INTERSECTION WITH N.W. 2 AVENUE
AND A PORTION WESTERLY SIDE OF
INTERSECTION WITH N.W. 1 AVENUE.
48. CONFIRM ASSESSMENT ROLL - FOR R 91-52
CONSTRUCTION OF MANOR HIGHWAY 1/10/91
IMPROVEMENT - PHASE IV (DISTRICT PHASE
IV H-4519).
49. CONFIRM ASSESSMENT
ROLL
- FOR
R 91-53
CONSTRUCTION OF
WYNDWOOD
HIGHWAY
1/10/91
IMPROVEMENT (DISTRICT
H-4514).
50. CONFIRM ASSESSMENT
ROLL
- FOR
R 91-54
CONSTRUCTION OF ALLAPATTAH
HIGHWAY
1/10/91
IMPROVEMENT - PHASE
II (DISTRICT
PHASE
II H-4507).
51. PERSONAL APPEARANCE BY MIRIAM DONNER
DISCUSSION
CONCERNING HER ONGOING LAWSUIT AGAINST
1/10/91
CITY OF MIAMI.
52. DISCUSSION CONCERNING PROPOSAL TO
DISCUSSION
LOCATE PERFORMING CULTURAL ARTS CENTER
1/10/91
PROJECT ON THE FEC SITE. (See label 69)
53. (Continued Discussion) APPOINT
DISCUSSION
INDIVIDUALS AS MEMBERS OF CITY OF MIAMI
1/10/91
AFFIRMATIVE ACTION ADVISORY BOARD.
(Appointed were: Alicia Baro and Danny
Couch - see label 45.)
165
165-166
166-167
168-169
169-170
170-171
172
172-173
173-174
174
175
175-177
178
0
f
54.
APPOINT / REAPPOINT INDIVIDUALS TO
R 91-56
178-184
BAYFRONT PARK MANAGEMENT TRUST.
1/10/91
(Reappointed were: Lori Weldon, Alan
Weisberg, Rodney Barreto, Ghislain
Gouraige, Henry Courtney; appointed
were: Carol Ann Taylor, JoAnn Pepper,
Matthew Schwartz, Raul Tercilla & Gary
Schweitzer.)
55.
RECOMMEND CREATION OF A COMMITTEE WITH
R 91-57
185-167
REPRESENTATIVES FROM MIAMI SPORTS AND
1/10/91
EXHIBITION AUTHORITY, DOWNTOWN
DEVELOPMENT AUTHORITY, DEPARTMENT OF
OFF-STREET PARKING, GREATER MIAMI
CONVENTION & VISITORS BUREAU, AND CITY
OF MIAMI CONFERENCES AND CONVENTIONS
BUREAU - FOR PURPOSES OF EXPANDING
EXHIBITION FACILITIES AND TOURISM BASE
FOR THE CITY.
56.
REPRESENTATIVES OF CONCERNED CITIZENS
R 91-58
187-194
OF WYNWOOD REQUEST ASSISTANCE DUE TO
1/10/91
RECENT CIVIL DISTURBANCE IN WYNWOOD -
GRANT FUNDS AND STAFF ASSISTANCE (SEE
LABEL 71)
57.
INSTRUCT CITY MANAGER TO IMPLEMENT
DISCUSSION
194-196
PRIOR DIRECTION FROM COMMISSION TO
1/10/91
CLOSE OFF DESIGNATED STREETS IN THE
GARMENT AND DESIGN DISTRICT, AS WELL AS
A REQUESTED CUL-DE-SAC.
58.
DISCUSS AND DEFER TO JANUARY 24TH
DISCUSSION
196-199
REVOCATION OF TEMPORARY LICENSE OF
1/10/91
OCCUPANCY AT 2500 N.W. 22 AVENUE (DADE
COUNTY LIVE OAK CONVALESCENT FACILITY).
59.
DISCUSS AND TEMPORARILY TABLE REQUEST
DISCUSSION
200
BY MEMBERS OF THE FRIENDSHIP MISSIONARY
1/10/91
BAPTIST CHURCH FOR CONVEYANCE OF CITY -
OWNED SITE. (See label 68)
60.
APPROVE, IN PRINCIPLE, CONSTRUCTION OF
R 91-59
200-201
OLYMPIC SIZE POOL AND RENOVATION OF
1/10/91
FOOTBALL FIELD AND FIELDHOUSE CHARLES
HADLEY PARK - AUTHORIZE DRAFT OF
AGREEMENT, etc.
61.
(A) DISCUSS AND REFER TO MANAGER
DISCUSSION
202-205
REQUEST BY CURE AIDS NOW FOR ASSISTANCE
R 91-60
IN CONNECTION WITH BICYCLE RALLY RACE
1/10/91
TO BE HELD IN COCONUT GROVE.
(B) GRANT REQUEST FROM CURE AIDS NOW -
ALLOCATE $25,000 FOR A FEEDING PROGRAM.
62.
DISCUSSION CONCERNING FFLAIR
DISCUSSION
205-209
ENTERPRISES FUNDING REQUEST IN
1/10/91
CONNECTION WITH THEATRICAL PRODUCTION
OF "FACES IN BLACK".
63. DISCUSSION CONCERNING A PROPOSAL TO DISCUSSION 209-210
NAME A PORTION OF 22ND AVENUE 1/10/91
(PREVIOUSLY CODESIGNATED GENERAL MAXIMO
GOMEZ) AFTER GENERAL CASIMIR PULASKI -
NO ACTION TAKEN.
64. AUTHORIZE MANAGER TO NEGOTIATE PROPOSED M 91-61 210-211
RENDERING OF PROFESSIONAL SERVICES BY 1/10/91
THE FIRE RESCUE DEPARTMENT TO THE
PROPOSED NEW CITY OF KEY BISCAYNE.
# f
65. DISCUSS AND REFER BACK TO CITY MANAGER DISCUSSION
PROPOSED FOOTAGE FEE INCREASE TO
ORGANIZATIONS PRESENTLY OCCUPYING SPACE 1/10/91
AT MANUEL ARTIME COMMUNITY CENTER.
66. REFER TO MIAMI STREET CODESIGNATION M 91-62
REVIEW COMMITTEE REQUEST TO IDENTIFY AN 1/10/91
APPROPRIATE STREET TO BE CODESIGNATED
IN HONOR OF LEOPOLDO FERNANDEZ, "TRES
PATINES", CUBAN COMEDIAN.
67. EXPRESS DESIRE OF CITY COMMISSION TO M 91-63
CONTINUE ITS COMMISSION AWARENESS 1/10/91
PROGRAM.
68. (Continued Discussion) ISSUE REVOCABLE R 91-64
PERMIT AS REQUESTED BY THE FRIENDSHIP 1/10/91
MISSIONARY BAPTIST CHURCH FOR USE OF
PINE HIGHLANDS (CITY -OWNED SITE) FOR
RECREATIONAL AND PARKING PURPOSES (with
provisos) (See label 59).
211-212
213
213-214
214-219
69. (A) DISCUSSION CONCERNING PROPOSAL TO
DISCUSSION 219-240
BUILD LOCATE A PERFORMING ARTS CENTER
1/10/91
IN BICENTENNIAL PARK, SOUTH SIDE OF FEC
PROPERTY.
(B) DISCUSSION CONCERNING THE
SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PLAN AND OVERTOWN.
(C) DISCUSSION CONCERNING REQUEST FOR
ASSISTANCE CONCERNING THE OVERTOWN
HISTORIC FOLK VILLAGE LYRIC THEATER.
70. DISCUSSION CONCERNING PROPOSED CREATION
M 91-65 240-246
OF A SIDEWALK CAFE DISTRICT ON S.W. 8
1/10/91
STREET BETWEEN 4 AND 27 AVENUES -
DIRECT ADMINISTRATION TO PREPARE
NECESSARY LEGISLATION.
71. (A) (Continued Discussion) FEE WAIVER
DISCUSSION 246-249
REQUEST BY REPRESENTATIVES OF PUERTO
1/10/91
RICAN TASK FORCE FOR WYNWOOD DAY
CELEBRATION IN ROBERTO CLEMENTE PARK -
COMMISSIONERS ALLOCATE MONIES FROM
THEIR DISCRETIONARY FUNDS TO COVER THE
FEE WAIVER (See label 56).
(B) REQUEST CITY COMMISSION TO
WITHDRAW THE GANG TASK FORCE FROM THE
WYNWOOD AREA.
72. SET FORTH PURPOSE AND FUNCTION OF THE R 91-66 249-254
YOUTH TASK FORCE - AMEND 90-707 - 1/10/91
CHANGE COMPOSITION, MEANS OF
APPOINTMENT OF MEMBERS, AND QUORUM
REQUIREMENTS - CONFIRM CERTAIN
INDIVIDUALS AS MEMBERS - APPOINT
INDIVIDUALS AS MEMBERS (Appointed were:
Glenn Brock and Paul Cromwell).
73. DISCUSSION CONCERNING POSSIBLE PURCHASE DISCUSSION 254-257
OF THE CENTRUST BUILDING TO BE USED AS 1/10/91
THE NEW ADMINISTRATION BUILDING.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 10th day of January, 1991, the City Commission of Miami, Florida,
met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami,
Florida in regular session.
The meeting was called to order at 9:08 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
Cesar Odio, City Manager
Jorge L. Fernandez, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez. Vice Mayor Plummer then
led those present in a pledge of allegiance to the flag.
------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS, AND SPECIAL ITEMS.
(A) LUIS CABRERA - MOST OUTSTANDING OFFICER OF DECEMBER, 1990.
(B) BASHEVA WRIGHT, CITY OF MIAMI EMPLOYEE - FOR DEDICATION AND
COMMITMENT.
(C) WINNERS OF "MOST ORIGINAL HOLIDAY BARREL COMPETITION": PARKS AND
RECREATION DEPARTMENT (1ST); LAW DEPARTMENT (2ND).
(D) RECOGNITION OF GOSPEL CHOIR TRIP TO VERONA, ITALY.
(E) WORLD CHAMPION VOLLEY BALL TEAM - WOLFSON CAMPUS, MIAMI-DADE
COMMUNITY COLLEGE (COACH: ALBERT SCHLAZER).
------------------------------------------------------------------------------
1. Commendation to Miami Police Officer Luis Cabrera for having been selected
"Most Outstanding Officer of the Month for December, 1990."
2. Commendation to Ms. Basheva Wright for her dedication and commitment as a
City of Miami employee, Department of Community Development.
3. Presentation of first and second place trophies to winners in the "Most
Original Holiday Barrel Competition." First place is awarded to the City
of Miami Parks & Recreation Department and Second Place to the Law
Department.
4. Recognition of success of Gospel Choir trip to Verona, Italy.
5. Commendation to world -champion volley ball team from Wolfson Campus,
Miami -Dade Community College.
NOTE FOR THE RECORD: Commissioner Dawkins recognized
"super senior citizen, Robert Nesbick, who was present
in the Chambers.
1 January 10, 1991
2.
BRIEF DISCUSSION AND WITHDRAWAL OF CONSENT AGENDA ITEMS CA-1, CA-4, 52
AND 59.
Mayor Suarez: Items CA-1, CA-4, 52, and 59 of the City Commission agenda for
today have been withdrawn, presumably by the administration or at the request
of various Commissioners.
3. BRIEF COMMENTS CONCERNING WITHDRAWAL OF PROPOSED SECOND READING
ORDINANCE, AMENDING CODE SErTION 50-2, TO PROVIDE FOR ENLARGED
BOUNDARIES OF PROTECTED OR RESTRICTED ANCHORAGE AREAS WITHIN DINNER KEY
MARINA YACHT AREA BASIC AND BAYFRONT PROHIBITIVE ANCHORAGE AREA /
MIAMARINA BAYFRONT PROHIBITED ANCHORAGE AREA.
Mr. Odio: Mr. Mayor.
Mayor Suarez: Yes, Mr. Manager.
Mr. Odio: I'd like to add item 6 of the regular Commission meeting.
Vice Mayor Plummer: To withdraw?
Mr. Odio: To withdraw.
Mayor Suarez: OK, items one - I'm sorry.
Mr. Odio: Oh, I'm sorry.
Mayor Suarez: I'm looking at item 2 which is CA-1 through CA-22. Is item one
the evaluation, Mr. Manager?
Mr. Odio: No, no, I was talking about - sorry, I was talking about the...
you're talking only about the consent agenda now, so...
Mayor Suarez: Right. OK, Item one, performance review of the City Manager.
Madam City Clerk.
Vice Mayor Plummer: Well, excuse me, are we talking item 6 that's been
withdrawn is the regular agenda?
Mr. Odio: Regular.
Vice Mayor Plummer: Well, I want to know why. You can withdraw it, but I
still want to know why.
Mr. Odio: We have a legal thing we need to find out before we can move
forward. There's some legalities.
Vice Mayor Plummer: Are you indicating to me that you didn't do that prior to
presenting it to the Commission?
Mr. Odio: I'm saying that some questions have come up...
Vice Mayor Plummer: My understanding is when matters come before the
Commission, the legalities of it have already been examined and approved by
the Law Department.
Commissioner Dawkins: What item is this?
Mayor Suarez: Item six.
Vice Mayor Plummer: The anchorage. I'm not speaking to the anchorage in
particular. I'm speaking to the idea that an item comes before the
Commission. It's my understanding it comes here only if it's approved by the
Law Department. Now, I guess I got to ask the question, did something come up
from left field that was not known? Why is the matter being withdrawn?
2 January 10, 1991
I * 0
Mr. Odio: I tell you what, it came to my attention yesterday that way back in
the past, we could have had a first reading on this. And that this will, in
fact, not be a second reading, so I need to check that out.
Vice Mayor Plummer: OK.
Mr. Odio: It came to my attention yesterday afternoon late and it was prior
to Jorge Fernandez being the City Attorney, and me being City Manager.
Vice Mayor Plummer: OK. Let's just make the record clear why.
4. MAYOR SUAREZ COMPLAINS ABOUT CONFLICTING SCHEDULING OF AGENDA ITEMS.
Mayor Suarez: Let's, after this Commission Meeting, meet, Mr. Manager, and go
over the scheduling of this agenda. It makes no sense to me to see schedules
item one, the performance review...
Mr. Odio: That's the way you asked me to do it.
Vice Mayor Plummer: Excuse me, I asked for that, Mr. Mayor, so that...
Mayor Suarez: No, no, no, please, please, let me finish. And, at the same
time, schedule for 9:00 a.m. also, CA, you know, the entire consent agenda. I
think that we've got to figure out a way to flag people on when we're going to
hear their matters. In fact, I'm going to take the chairman's prerogative
here very quickly because I think the performance evaluation is something that
merits attention and merits our complete consideration, and try to do the
consent agenda as quickly as possible. I know we've got people around the
room here who have got many items that they assumed, properly assumed, that
they were consent agenda items that would be taken up very quickly. And the
Commission also has the right to delve into the consent agenda to see what is,
in fact, consent items and what should be taken up separately. And the two of
them being scheduled for 9:00 a.m., along with a bunch of other items, it just
doesn't make any sense to me. We're not flagging correctly to people what
time these items are going to be heard. So, let's go through the consent
agenda quickly if we may, and then go back to the evaluation.
5. BRIEF COMMENTS AND DEFERRAL OF PROPOSED CONSOLIDATION OF OFFICE SPACE
FOR CITY DEPARTMENTS (PROPOSED NEW ADMINISTRATION BUILDING) - DEFERRED
TO FEBRUARY 14TH MEETING. (See label 73)
Commissioner De Yurre: Mr. Mayor, if I may, before we get into that.
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: I'd like to know why item 52 is being withdrawn. Why
the administration is withdrawing this.
Mayor Suarez: Which is 52, for...
Commissioner De Yurre: That is the one about the consolidation of our offices
and the administration building.
Vice Mayor Plummer: That's yours.
Commissioner Alonso: Yes, but it was at the request of the administration
that we've withdrawn this item. I think I'm going to bring at the beginning
of the afternoon...
Mayor Suarez; Is that working...
Commissioner Alonso: Is it?
3 January 10, 1991
Ms. Hirai: Yes, Commissioner.
Commissioner De Yurre: Maybe turn the volume...
Ms. Hirai: One of the speakers seems to be out of order, so if you could come
closer to it, we would appreciate it.
Commissioner Alonso: I probably will introduce something in the afternoon,
but it still is postponed until the February meeting, because something came
up that we considered it's important to be taken into account before we make
the final decision. It will be a considerable saving for the City of Miami,
and I agree that we should wait.
Commissioner De Yurre: OK, so then it will be on for the first meeting in
February?
Mr. Odio: Yes, sir.
Commissioner Alonso: Yes.
Commissioner De Yurre: OK.
Commissioner Alonso: But at the beginning of the afternoon session, I will
present something that relates somehow to this item for the consideration of
this Commission.
Commissioner De Yurre: OK.
Commissioner Dawkins: Well then, is the item deferred, or is it....
Commissioner Alonso: It is deferred as such, but I will introduce something
that relates to this, and see what my colleagues feel on this item.
Commissioner Dawkins: So, it's continued until this afternoon then.
Commissioner Alonso: No, the item, as I have made the decision and at the
request of the administration, we are withdrawing. But something that relates
to this somehow, it will be introduced this afternoon as a different item.
Mayor Suarez: OK, on that then, we'll hear information early this
afternoon...
Commissioner Alonso: Yes.
Mayor Suarez: ...but it will not require the item to be heard.
Commissioner Alonso: Exactly, exactly.
Vice Mayor Plummer: Well, Mr. Mayor...
Mayor Suarez: Yes.
Vice Mayor Plummer: ...so that I don't get in a bind, would you please call
Mr. Skippy - oh, he's here, I'm sorry. Because I had told him, the matter,
it's very much of interest to him, and I had told him the matter was withdrawn
and he could go home...
Commissioner Alonso: Yes, it is.
Vice Mayor Plummer: ...so, Skippy, you be aware that something is this
afternoon.
Commissioner Alonso: But, it will not affect in any way...
Vice Mayor Plummer: OK, I'm just...
Commissioner Alonso: ... the item per se, that's why I'm saying this.
Vice Mayor Plummer: ...didn't want to be caught in a bind.
Commissioner De Yurre: That's it?
4 January 10, 1991
a
ra
Mayor Suarez: OK.
6. CONSENT AGENDA
Vice Mayor Plummer: Mr. Mayor, if there is no further, I move the consent
agenda, unless somebody wants something pulled.
Mayor Suarez: All right, let me announce it and make sure that we've got all
the formalities on it. Items CA-1 through CA-22 constitute the consent
agenda. Does anyone wish to be heard individually on any of those? -
understanding that if we pass them all and if you're in support of them, you
will be pleased with the outcome. Let the record reflect, no one has stepped
forward. We have withdrawn CA-1 and CA-4, so it would be CA-2 through 22,
minus CA-4. OK...
Mr. Odio: CA-5 and CA-17 are also withdrawn.
Mayor Suarez: CA-5 and 17 are also not part of this motion and we have a
motion by Vice Mayor Plummer. Do we have a second?
Commissioner De Yurre: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
ON MOTION DULY MADE BY VICE MAYOR PLUMMER AND SECONDED
BY COMMISSIONER DE YURRE, THE CONSENT AGENDA, WITH THE
ABOVE EXCEPTIONS, WAS PASSED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ILL CALL:
Vice Mayor Plummer: I'm going to say, yes, but... oh, I see, yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: All of those that were here on consent agenda items, you need
not stay for the rest of the day if you don't want to. You can go home, and
you were most eloquent. Good luck with the projects.
5 January 10, 1991
6.1 ACCEPT BID: MANOLO HORTA PAINTING - FOR FURNISHING PRESSURE CLEANING
SERVICES TO DEPARTMENT OF COMMUNITY DEVELOPMENT - ALLOCATE $15,000 FROM
11TH YEAR FUNDS.
RESOLUTION NO. 91-1
A RESOLUTION ACCEPTING THE BID OF MANOLO HORTA
PAINTING, A MINORITY/LOCAL VENDOR, FOR FURNISHING
PRESSURE CLEANING SERVICES TO THE DEPARTMENT OF
COMMUNITY DEVELOPMENT ON A CONTRACT BASIS FOR ONE
(1) YEAR AT A TOTAL PROPOSED AMOUNT OF $15,000.00;
ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF
COMMUNITY DEVELOPMENT'S BUDGET ELEVENTH (11TH) YEAR
FUNDS, ACCOUNT NO. 451149-670-799209; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6.2 ACCEPT BID: AIRKO SERVICE, INC. - FOR FURNISHING AND INSTALLATION OF AIR
CONDITIONING SYSTEM AT FIRE STATION NO. 7 - FOR DEPARTMENT OF
ENVIRONMENTAL SERVICES AND OPERATIONS MANAGEMENT / PROPERTY MAINTENANCE
DIVISION.
RESOLUTION NO. 91-2
A RESOLUTION ACCEPTING THE BID OF AIRKO SERVICE,
INC., FOR THE FURNISHING AND INSTALLATION OF AN AIR
CONDITIONING SYSTEM AT FIRE STATION NO. 7 FOR THE
DEPARTMENT OF ENVIRONMENTAL SERVICES AND OPERATIONS
MANAGEMENT/PROPERTY MAINTENANCE DIVISION AT A TOTAL
PROPOSED AMOUNT OF $15,695.00; ALLOCATING FUNDS
THEREFOR FROM PROJECT NO. 313018, ACCOUNT NO.
289401-850; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6.3 ACCEPT BID: POOLE AND KENT COMPANY - BASE BID FOR STORM SEWER PUMP
REPLACEMENTS - 1990 (PROJECT 352184).
RESOLUTION NO. 91-3
A RESOLUTION ACCEPTING THE BID OF THE POOLE AND KENT
COMPANY, IN AN AMOUNT NOT TO EXCEED $74,100.00, BASE
BID OF THE PROPOSAL, FOR STORM SEWER PUMP
REPLACEMENTS - 1990; WITH MONIES THEREFOR ALLOCATED
FROM THE A991 CAPITAL IMPROVEMENT ORDINANCE NO.
10782, PROJECT NO. 352184, IN THE AMOUNT OF
$74,100.00 TO COVER THE CONTRACT COST; AND
$167,507.00 TO COVER THE ESTIMATED EXPENSES, FOR A
TOTAL OF $90,607.00; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
b January 10, 1991
6.4 EXECUTE AMENDMENT TO AGREEMENT WITH ANDRES DUANY AND ELIZABETH PLATER-
ZYBERK, ARCHITECTS, INC. - INCREASE CONTRACT ($30,000) FOR COMPLETION OF
DESIGN DEVELOPMENT AND CONSTRUCTION DOCUMENT PHASES OF 30 UNIT SINGLE
FAMILY HOUSING DEVELOPMENT (MODERATE INCOME FAMILIES) ON ST.HUGH OAKS
ACADEMY PROPERTY IN COCONUT GROVE (CIP 321034).
RESOLUTION NO. 91-4
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AMENDMENT TO THE
AGREEMENT DATED SEPTEMBER 15, 1989, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH ANDRES DUANY AND ELIZABETH
PLATER-ZYBERK, ARCHITECTS, INC., A CORPORATION, BY
INCREASING THE CONTRACT IN AN AMOUNT NOT TO EXCEED
$30,000.00 FOR COMPLETION OF THE DESIGN DEVELOPMENT
AND CONSTRUCTION DOCUMENT PHASES IN CONNECTION WITH
THE DEVELOPMENT OF A THIRTY (30) UNIT SINGLE FAMILY
RESIDENTIAL SALES HOUSING DEVELOPMENT FOR MODERATE
INCOME FAMILIES ON THE CITY -OWNED ST. HUGH OAKS
ACADEMY PROPERTY LOCATED IN THE COCONUT GROVE
NEIGHBORHOOD; FURTHER AUTHORIZING AND ALLOCATING
COMPENSATION IN THE AFOREMENTIONED AMOUNT FROM
CAPITAL IMPROVEMENT PROJECT NO. 321034, "SCATTERED
SITE AFFORDABLE HOUSING DEVELOPMENT PROGRAM", TO
FUND THE COST OF PROVIDING SAID SERVICES TO THE
CITY.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6.5 ACCEPT GRANT-IN-AID AWARD FROM FLORIDA DEPARTMENT OF STATE, DIVISION OF
HISTORICAL RESOURCES, BUREAU OF HISTORIC PRESERVATION - FOR FUNDING
MIAMI FIRE MUSEUM (CIP 313231).
RESOLUTION NO. 91-5
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
A GRANT-IN-AID AWARD FROM THE FLORIDA DEPARTMENT OF
STATE, DIVISION OF HISTORICAL RESOURCES, BUREAU OF
HISTORIC PRESERVATION FOR FUNDING OF THE MIAMI FIRE
MUSEUM CAPITAL IMPROVEMENT PROJECT (NO. 313231) IN
THE AMOUNT OF $241,500; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE NECESSARY CONTRACTS AND/OR AGREEMENTS
IN A FORM ACCEPTABLE TO CITY ATTORNEY TO IMPLEMENT
THE PROJECT SUBJECT TO APPLICABLE CITY CODE
PROCUREMENT PROVISIONS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7 January 10, 1991
6.6 ESTABLISH SPECIAL MOORING AND DOCKAGE FEE ($0.65 PER LINEAR FOOT PER
DAY) - FOR USE OF SLIPS AT MIAMARINA BY GUESTS OF BISCAYNE BAY MARRIOTT
HOTEL AND MARINA, AND MIAMI INTERNATIONAL BOAT SHOW - DIRECT CITY
MANAGER TO ESTABLISH SPECIAL MOORING AND DOCKAGE RATES IN SUBSEQUENT
YEARS.
RESOLUTION NO. 91-6
A RESOLUTION ESTABLISHING A SPECIAL MOORING AND
DOCKAGE FEE OF $0.65 PER LINEAR FOOT PER DAY FOR THE
USE OF AVAILABLE SLIPS AT MIAMARINA BY PARTICIPANTS
AND GUESTS OF THE BISCAYNE BAY MARRIOTT HOTEL AND
MARINA AND THE MIAMI INTERNATIONAL BOAT SHOW IN
CONNECTION WITH SAID EVENT DURING THE PERIOD
FEBRUARY 9 - 23, 1991; SUBJECT TO AND CONTINGENT
UPON SUCH CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE ADMINISTRATION OF THE CITY OF
MIAMI; FURTHER AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ESTABLISH SPECIAL MOORING AND DOCKAGE
RATES FOR THIS EVENT IN SUBSEQUENT YEARS, SUBJECT TO
AVAILABILITY OF SLIPS AND BASED UPON CONSIDERATIONS
OF THE THEN -CURRENT MARINA OPERATING COSTS AND
DOCKAGE FEES, INCREASES IN THE CONSUMER PRICE INDEX,
AND AN EQUITABLE VOLUME DISCOUNT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6.7 ESTABLISH SPECIAL CHARGES, TERMS, AND CONDITIONS FOR USE OF MIAMI
BASEBALL STADIUM BY WINTERBALL, INC. - FOR PRESENTATION OF WINTERBALL
SERIE DEL CARIBE.
RESOLUTION NO. 91-7
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL
CHARGES, TERMS, AND CONDITIONS FOR THE USE OF THE
MIAMI BASEBALL STADIUM BY WINTERBALL, INC., FOR THE
PRESENTATION OF THE WINTERBALL - SERIE DEL CARIBE ON
AN ANNUAL BASIS FOR THE YEARS 1991-1992 WITH A
RENEWAL OPTION FOR 1993-1995 ON SELECTED DATES IN
FEBRUARY OF EACH YEAR; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
SAID ORGANIZATION FOR THIS PURPOSE, AND SUBJECT TO
THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE
CITY IN 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.)
6.8 AUTHORIZE CITY ATTORNEY TO INITIATE LEGAL PROCEEDINGS AND CIVIL ACTION
AGAINST THOMAS BENJAMIN (OWNER OF THOMAS BENJAMIN PLUMBING, INC.) - TO
RECOVER LOAN FUNDS - (MODEL CITY SMALL BUSINESS DEVELOPMENT PILOT LOAN
PROGRAM - $64,453.62).
RESOLUTION NO. 91-8
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
INITIATE APPROPRIATE LEGAL PROCEEDINGS AND CIVIL
ACTION AGAINST THOMAS BENJAMIN, OWNER OF THOMAS
BENJAMIN PLUMBING, INC., TO RECOVER LOAN FUNDS IN
THE AMOUNT OF $64,453.62 FROM SAID BUSINESS THROUGH
THE MODEL CITY SMALL BUSINESS DEVELOPMENT PILOT LOAN
PROGRAM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8 January 10, 1991
6.9 AUTHORIZE CITY ATTORNEY TO INITIATE LEGAL PROCEEDINGS AND CIVIL ACTION
AGAINST ALVESTER MARTIN, PAUL BANNERMAN AND OLIVER GROSS (D/B/A INTREPID
THREE COMPANY, INC.) - TO RECOVER LOAN FUNDS (MODEL CITY SMALL BUSINESS
DEVELOPMENT PILOT LOAN PROGRAM - $11,825).
RESOLUTION NO. 91-9
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
INITIATE APPROPRIATE LEGAL PROCEEDINGS AND CIVIL
ACTION AGAINST ALVESTER MARTIN, PAUL BANNERMAN AND
OLIVER GROSS D/B/A INTREPID THREE COMPANY, INC., TO
RECOVER LOAN FUNDS IN THE AMOUNT OF $11,825.00
RECEIVED BY SAID INDIVIDUALS THROUGH THE MODEL CITY
SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6.10 AUTHORIZE CITY ATTORNEY TO INITIATE LEGAL PROCEEDINGS AND CIVIL ACTION
AGAINST CHARLES & MARINA SHERRER, AND STEWART GLADSDEN (D/B/A SHERRER
AND SHERRER ACCOUNTING SERVICE) - TO RECOVER LOAN FUNDS (MODEL CITY
SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM - $11,837.62).
RESOLUTION NO. 91-10
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
INITIATE APPROPRIATE LEGAL PROCEEDINGS AND CIVIL
ACTION AGAINST CHARLES AND MARIA SHERRER, AND
STEWART GLADSDEN D/B/A SHERRER & SHERRER ACCOUNTING
SERVICE, TO RECOVER LOAN FUNDS IN THE AMOUNT OF
$11,837.62 FROM SAID BUSINESS OWNERS THROUGH THE
MODEL CITY SMALL BUSINESS DEVELOPMENT PILOT LOAN
PROGRAM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6.11 AUTHORIZE CITY ATTORNEY TO INITIATE LEGAL PROCEEDINGS AND CIVIL ACTION
AGAINST ROBERT SANDERS, ALVIN ROBINSON AND ROBERT WILLIAMS (D/B/A
TROPICAL CLEAR BLUE LAUNDRY SYSTEMS, INC.) - TO RECOVER LOAN FUNDS
(CITYWIDE SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM - $42,070.57).
RESOLUTION NO. 91-11
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
INITIATE APPROPRIATE LEGAL PROCEEDINGS AND CIVIL
ACTION AGAINST ROBERT SANDERS, ALVIN ROBINSON AND
ROBERT WILLIAMS D/B/A TROPICAL CLEAR BLUE LAUNDRY
SYSTEMS, INC., TO RECOVER LOAN FUNDS IN THE AMOUNT
OF $42,070.57 RECEIVED BY SAID INDIVIDUALS THROUGH
THE CITYWIDE SMALL BUSINESS DEVELOPMENT PILOT LOAN
PROGRAM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
9 January 10, 1991
6.12 EXECUTE AGREEMENT WITH Z-MART DISCOUNT DEPARTMENT STORE, INC.
($200,000) - FOR REHABILITATING, RENOVATING AND PURCHASING INVENTORY OF
Z-MART STORE AT 1100 N.W. 54 STREET (MINI-UDAG PROGRAM).
RESOLUTION NO. 91-12
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE PRINCIPALS OF Z-MART DISCOUNT
DEPARTMENT STORE, INC., IN AN AMOUNT NOT TO EXCEED
$200,000, FOR THE PURPOSE OF REHABILITATING,
RENOVATING AND PURCHASING INVENTORY FOR THE Z-MART
DISCOUNT DEPARTMENT STORE LOCATED AT 1100 NORTHWEST
54TH STREET; FURTHER PROVIDING FOR THE ALLOCATION OF
FUNDS IN THE AMOUNT OF $200,000 FROM THE COMMUNITY
DEVELOPMENT BLOCK GRANT FUND (MINI-UDAG PROGRAM).
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6.13 RATIFY EMPLOYMENT OF LAW FIRM OF MCDERMOTT, WILL AND EMERY TO SERVE AS
COUNSEL BEFORE U.S. BANKRUPTCY COURT CONCERNING: (a) CAL-FLORIDA MARINE
INDUSTRIES, INC. (Case No. 90-17879-BKC-SMW), AND (b) DINNER KEY
BOATYARD JOINT VENTURE (Case No. 90-17880-BKC-SMW).
RESOLUTION NO. 91-13
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
CITY ATTORNEY'S EMPLOYMENT OF THE LAW FIRM OF
McDERMOTT, WILL & EMERY TO SERVE AS COUNSEL BEFORE
THE UNITED STATES BANKRUPTCY COURT IN CONNECTION
WITH THE CASES OF IN RE: CAL-FLORIDA MARINE
INDUSTRIES, INC., CASE NO. 90-1.7879-BKC-SMW, AND IN
RE: DINNER KEY BOATYARD JOINT VENTURE, CASE NO. 90-
17880-BKC-SMW, WITH THE FEE FOR SUCH SERVICES NOT TO
EXCEED $25,000.00; SAID MONIES THEREFOR BEING
ALLOCATED FROM THE CITY OF MIAMI'S SELF-INSURANCE
AND INSURANCE TRUST FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6.14 GRANT REQUEST FROM GREATER MIAMI RUNNING ASSOCIATION FOR USE OF
DESIGNATED STREETS IN COCONUT GROVE DURING MERCY HOSPITAL HEALTH RUN 5-
MILE RACE.
RESOLUTION NO. 91-14
A RESOLUTION APPROVING THE USE OF STREETS AND
THOROUGHFARES IN COCONUT GROVE DURING THE MERCY
HOSPITAL HEALTH RUN 5-MILE RACE TO BE CONDUCTED BY
THE GREATER MIAMI RUNNING ASSOCIATION ON FEBRUARY 9,
1991, BETWEEN THE HOURS OF 8:00 A.M. AND 10:00 A.M.,
SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES; AUTHORIZING THE POLICE
DEPARTMENT TO CONTROL TRAFFIC FLOW ON THE STREETS TO
BE UTILIZED AS PART OF THE RACE COURSE; FURTHER
CONDITIONED UPON ORGANIZERS PAYING FOR ALL NECESSARY
COSTS OF CITY SERVICES AND SUBJECT TO THE ORGANIZERS
OBTAINING INSURANCE TO PROTECT THE CITY IN THE
AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
10 January 10, 1991
6.15 GRANT REQUEST BY MIAMI-DADE COMMUNITY COLLEGE, WOLFSON CAMPUS FOR
CLOSURE OF DESIGNATED STREETS CONCERNING KIZOMBA EVENT - ESTABLISH
PEDESTRIAN MALL.
RESOLUTION NO. 91-15
A RESOLUTION RELATED TO KIZOMBA TO BE CONDUCTED BY
MIAMI-DADE COMMUNITY COLLEGE, WOLFSON CAMPUS, ON
FEBRUARY 23, 1991; AUTHORIZING THE CLOSURE OF
DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC AND
ESTABLISHING A TEMPORARY PEDESTRIAN MALL SUBJECT TO
THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE
AND FIRE, RESCUE AND INSPECTION SERVICES;
CONDITIONED UPON THE ORGANIZERS PAYING FOR THE
NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH
SAID EVENT AND SUBJECT TO THE ORGANIZERS OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6.16 GRANT REQUEST FROM BIPRISA FOR USE OF DESIGNATED STREETS DURING JOSE
MARTI PARADE.
RESOLUTION NO. 91-16
A RESOLUTION APPROVING THE USE OF STREETS AND
THOROUGHFARES DURING THE JOSE MARTI PARADE CONDUCTED
BY BIPRISA ON JANUARY 28TH, 1991, BETWEEN THE HOURS
OF 8:00 A.M. AND 1:00 P.M., SUBJECT TO THE ISSUANCE
OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE,
RESCUE AND INSPECTION SERVICES; AUTHORIZING THE
POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW ON THE
STREETS TO BE UTILIZED AS PART OF THE PARADE ROUTE;
FURTHER CONDITIONED UPON ORGANIZERS PAYING FOR ALL
NECESSARY COSTS OF CITY SERVICES AND SUBJECT TO THE
ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY
IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR
HIS DESIGNEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6.17 ACCEPT PLAT: DOUGLAS GARDENS WEST.
RESOLUTION NO. 91-17
A RESOLUTION ACCEPTING THE PLAT ENTITLED "DOUGLAS
GARDENS WEST", 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.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
11 January 10, 1991
0 r,
6.18 EXECUTE AGREEMENT WITH MUNICIPAL CODE CORPORATION - FOR REPUBLISHING AND
CODIFICATION OF (a) THE CHARTER AND CODE OF THE CITY OF MIAMI, AND (b)
ORDINANCE 11000, THE CITY'S NEW COMPREHENSIVE ZONING ORDINANCE.
RESOLUTION NO. 91-18
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH THE MUNICIPAL CODE
CORPORATION FOR PROFESSIONAL SERVICES IN THE
REPUBLISHING AND CODIFICATION OF THE CHARTER AND
CODE OF THE CITY OF MIAMI, FLORIDA, AND IN
i SEPARATELY BOUND LOOSE-LEAF FORM, ORDINANCE NO.
11000, THE CITY'S NEW COMPREHENSIVE ZONING
ORDINANCE, IN AN AMOUNT NOT TO EXCEED $40,562;
' ALLOCATING FUNDS THEREFOR FROM THE FISCAL YEAR 1989-
90 BUDGETED FUNDS OF THE OFFICE OF THE CITY CLERK
($10,562), AND FROM FISCAL YEAR 1990-91 BUDGETED
FUNDS OF THE PLANNING, BUILDING AND ZONING
DEPARTMENT, SPECIAL REVENUE FUNDS ($20,000), AND
SPECIAL PROGRAMS AND ACCOUNTS ($10,000).
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7. (A) PERFORMANCE REVIEW OF CITY MANAGER.
(B) DISCUSSION CONCERNING: (a) CITY RESIDENCY REQUIREMENT OR CITY
EMPLOYEES; (b) DEAN MIELKE'S RESIGNATION; (c) THE NECESSITY OF A
PUBLIC INFORMATION OFFICER'S POSITION IN FIRE DEPARTMENT; (d)
BAYFRONT PARK; (e) ROBERTO CLEMENTE PARK; (f) NEED FOR IN-HOUSE
TRAINING OR EMPLOYEES BY THEIR PREDECESSORS AND/OR EXPERIENCED
SUPERVISORS; AND (g) NEED TO URGE EMPLOYEES OF RETIREMENT AGE TO
RETIRE.
------------------------------------------------------------------------------
Mayor Suarez: OK, let's go right on to item 1, evaluation of the City
Manager.
Vice Mayor Plummer: Mr. Mayor.
Mayor Suarez: Yes, Vice Mayor Plummer.
Vice Mayor Plummer: I took it upon myself, I guess as the senior citizen of
the Commission, to make inquiry - I don't know how many were here at the last
time that an evaluation was done - to bring to this Commission, as well as to
myself, what I thought was the important factors in doing an evaluation. I
think primarily in private business that you do an evaluation done on the past
performance, the present performance, and what is proposed by the individual
to the future. I supplied to each and every one of you a copy of this
document and I do apologize for the lateness of it, but I was able to get it
to you yesterday, of those things - and this was not done by the Manager, by
the way - for the record, it was in conjunction with the Budget Department of
what I feel is very important in evaluating the Manager. I fully respect my
colleague Commissioner Dawkins, who has raised questions and matters that the
Manager has, in some way, responded to. And I would make copies of this
evaluation available for anybody that doesn't have one that would want one,
but it does include the full five years that the Manager has, in fact, been
Manager of this City. I guess it's in some ways considered to be what is
known as a survivor. When you look at the ICMA, the International City
Managers Association, who will quite quickly tell you that the average tenure
of a City Manager in any given City is 2.4 years. Our Manager has just
doubled that. And being also a survivor, I guess is why I like survivors, I
like good company.
Commissioner De Yurre: You must have read the Herald this morning.
Vice Mayor Plummer: No, I didn't read the Herald this morning. What did it
say?
12 January 10, 1991
#I t
Commissioner De Yurre: Survivor
Vice Mayor Plummer: He's a survivor. Well, you know, once in a while the
Herald is right. Not too often, but once in a while. I hope that all of you
have had the opportunity to read the document and I have and I have studied it
in depth. And, Mr. Mayor, my final remark is, I have a resolution prepared.
When all of my colleagues have had their opportunity to speak, as I have been
given the right to do, and I thank you, sir.
Mayor Suarez: Thank you, Vice Mayor. Commissioners, anyone else?
Commissioner Alonso: Yes, I would like to say that I read the memo and the
content of the report that was sent to us by Vice Mayor Plummer. I have had
the pleasure of working with the City Manager during this year that I have
been a Commissioner. We have had, during this year, disagreements. We have
agreed in many issues, and it has been a rewarding experience for me to see
how things have improved in the City of Miami, to my belief. And I'm pleased
and ready to give a vote, after all my colleagues have expressed their
feelings on Mr. Cesar Odio.
Mayor Suarez: Mr. Manager, I have received, very recently, in fact it seems
like it was on my desk, put on my desk just today, a response to my memo.
Maybe it was somewhere before. No, I see a January 9th, 1991 date, which
means that I didn't have a heck of a lot of time to absorb this, and I would
hope that the rest of the Commission has also gotten copies. Although it
responded specifically to my concerns, and it's in the form of a memo from
Herb Bailey to yourself on the Southeast Overtown/Park West Redevelopment Plan
in response to my November 19th memo. I am inclined to delve into this, if
necessary, but, otherwise, to wait until the appropriate time if this item is
either going to come today or at some other time. The basic concern that I
have is the community based organizations, the groups in Overtown being able
to share in the tax increment bond finance proceeds for phase II of
Overtown/Park West. And I have to tell you, that just in the cursory review
that I did of this memo this morning, that I have before me now - I guess with
only today's advance notice - that I've got all kinds of problems with the
answers that I see here. But I believe you told me that we weren't going to
take this whole matter up necessarily today, and that...
Mr. Odio: Excuse me, Mr. Mayor...
Mayor Suarez: ...our prior conversations and assurances that you have given
me stand on the issue of trying to review the entire thrust of phase II,
trying to make sure that we comply with the stated goals of the redevelopment
plan which is to bring the community based organizations into that process,
which is to complete historic preservation, specifically of the Folk Life
Historic Village, and which is to try to empower the people in that community
to acquire part of that project through affordable housing efforts, etcetera,
and not just to simply acquire lot after lot after lot, raze them, in the hope
that somewhere along the line, some developer will come in and build huge
projects there.
Mr. Odio: Our number one goal in phase II is the Historic Village. May I
reply to Commissioner Dawkins, we stated that the Lyric Theater is now in the
process of being renovated - will be in the process of being renovated...
Mayor Suarez: Yes, but the Lyric Theater needs money. How much money are we
going to get from tax increment bond monies for the completion of the Lyric
Theater renovation?
Mr. Odio: If I may, Mr. Mayor, item 60 today, when I asked Development to do
and Mr. Bailey, who has been the lead person on the project so successfully,
if I may say so, that to make a full presentation - historic presentation -
from where we start, where we are, and where we're going and it's up to the
City Commission at that point to decide if you want to change the way we're
going. I...
Mayor Suarez: Well, you know, the rest of the Commission may want to hear
where we've been and where we are. I, for myself, need to only know where
we're going.
13
January 10, 1991
i
2
Mr. Odio: OK. I think it would... this specific item is deserving of a full
presentation.
Mayor Suarez: Is it scheduled for today?
Mr. Odio: Yes, it is, sir, item number 60. And, in fact, it's...
Mayor Suarez: Let me add to the Vice Mayor's and Commissioner Alonso's
comments on the evaluation of the Manager and clarify, and I think it reflects
also, statements made in the past by Commissioner Dawkins and Commissioner De
Yurre. Any vote that I take today on the evaluation of the Manager reflects
my feelings today. On this issue, Mr. Manager, I am reasonably satisfied that
we're on the right wavelength, that you're on the right wavelength, that we're
going to see a new direction in Overtown/Park West. One that empowers the
community more, and one that displaces people less. One that involves the
community based organizations in the process on other issues, and on generally
the idea of an evaluation. I think it's important to do an evaluation, in my
case, it's taken really about ten months, and as the other Commissioners have
voiced in the past, and for the benefit of the media, and anyone else who is
interested - certainly the citizens of Miami. If I understand the Charter
correctly, the evaluation of the City Manager is an ongoing daily proposition.
So a vote of confidence, or a vote of support, which I am ready to give today,
does not mean that I'm making a commitment for any particular period of time.
I find, in the last ten months, that your responsiveness and the orientation
you have taken, has changed dramatically for the better in the direction of
eliminating what, at one point, seemed to be a host of experts we had running
around City Hall, strategic planners, industrial engineers, high level
analysts, who were doing important work. Let me not mistake that. They were
doing important work. They should have been doing it with the resources of
their particular academic institutions. Not because the work wasn't important,
although I disagree with almost all of their conclusions, as I've mentioned to
you and I've discussed with you and with them, but because we cannot afford
those analyses. We've got to do much more basic fundamental, day-to-day
operational analyses such as what was done at one point by the head of one of
the unions who did a fantastic employee -by -employee analysis of who's getting
paid what, how many classifications we have and how much all of it is costing
the citizens of Miami. I find that you have, in fact, streamlined and
disposed of a lot of those analysts and some of them have gone back to the
university, some back to their Ph.D. programs - God help them in getting those
Ph.D. papers done and, hopefully, somebody will listen to it someday. Some of
their conclusions are worth noting. They do conclude, on the economic
analysis of the City that the City is getting poorer. That the standard of
living of our citizens in Miami is increasingly less, it's kind of a
contradiction in terms, is becoming less. And I see Clemente back there
nodding affirmatively because he's from Wynwood and Wynwood is one example.
That does not mean, by the way - don't anybody conclude who hasn't had a
chance to look at this report from the general public or from our City
employees, that the people themselves, the individuals who live in the City of
Miami, are somehow going backwards in their economic empowerment because many
of them are not. In fact, the majority are not. The majority are doing
better, but then they move out of the City. Then they move out of the City,
and that's the problem and then we get new people, immigrants, elderly, people
who are poor, a high percentage minorities, to move into those same
neighborhoods. And, therefore, the collective, the aggregate standard of
living is decreasing. That means that this City, although our principal
function is municipal services, and we're doing a darn good job of it, and I
am pleased to say that to note that you are beginning to eliminate some other
high level positions, and at least two this year. I could go into specifics,
but I'd rather not, because people have retired after many years of service in
the City and it may be a euphemism to say they've retired. We kind of hoped
that they would retire. Not because, again, not because they're bad people,
not because they're not doing something that would probably be worthwhile, but
we just can't afford some of the things some of those people were doing and
there's Charlie Cox back again, who has looked at a lot of the individual
employees in the City and the classifications and the management, the growth
of management and discretionary employees, and, Mr. Manager, I hope that trend
continues now to eliminate classifications. We still have in this City, by my
count and by Charlie Cox's count, a lot of other people's counts, about 500
different job classifications. No City can function that way. It is a
bureaucracy, that aspect of it, that needs to be streamlined and simplified.
Vice Mayor Plummer has been here for many years and he maybe can understand
all of those job classifications and perhaps Commissioner Dawkins too, but the
14 January 10, 1991
rest of us, it is a maze of difficult analysis to try to figure out who is
where, who's on first, who's on second, why somebody got a promotion, why
somebody is making 20 percent or 30 percent more. You pointed to this,
Commissioner Alonso, recently when you looked at people who were going to be
laid off, who seemed to be, to a great extent, people of fairly modest income
in the City instead of having some of the assistant city managers and having
some of the - and who were nice people. They're back there, they're all nice
folks. We like them all. But they make over $80,000, in some cases over
$90,000, and instead of having some of the other people who are in high
brackets somehow eased into retirement or somehow take a cut in their
salaries. I mean, if we're going to tighten our belts at some point, it
should be across the board. And across the board means that people who have
the higher salaries to take a deeper cut than having to lay off employees,
particularly those that do the essential services of the City. So, I think
the trend is now a little bit more to my taste, in fact, a lot more. I am
not, for myself, giving up on other streamlining measures. I am not giving up
on the idea that City employees, all City employees, should be City residents
as per the initiative of Commissioner Dawkins. I hope that the memorandum
that I received in regards to AFSCME's negotiations means what it says, the
one we just got from the Manager, that we will be in a position to reopen
discussions on residency requirements at the completion of the first two years
of that contract, and to reopen, for me, assuming we got the three votes 1.1p
here, Charlie means you've got to accept that in the next contract agreement.
That is a non-negotiable item for me. I didn't think that it was proper to
hold up your negotiations this year for a variety of reasons, including the
fact that I think your union has taken the most difficult of all the reforms,
which is 25 percent pay cut for all new employees. Which is not really a pay
cut, it's a reduction in pay for people who are not here yet. So, I mean,
it's a sort of theoretical reduction, but it has an effect as people do, new
employees, come in. But I'm not giving up on that, I don't think Commissioner
Dawkins has given up on that. City employees should be City residents. I
think that that particularly applies to those that are discretionary
employees. I think that anyone that the Manager - Mr. Manager, I'll be
looking for you to do this perhaps by whatever legal means you can do it. And
I have a feeling there's a way to do it without having to negotiate with any
unions or even build it into an ordinance. And the City Attorney might want
to comment on it, but anyone that is presently a City employee, let alone
someone that comes in from another City, at the level of discretionary
employee, department head, assistant city manager, or anyone who is presently
in the City and gets promoted to that, I hope you enter into a memorandum of
understanding, an agreement that that person will move into the City while he
holds that position. That's what we go through when we run for office here.
You have abided by it yourself. Some of your top department heads have not.
And that's why we don't have people living in Wynwood enough, and that's why
we don't have people living in Overtown and Liberty City and Little Havana,
etcetera, etcetera. Particularly department heads, anyone who has a
discretionary position that you promote, I want you to tell me, for me to have
a continued confidence in you that that person has agreed to move into the
City if they're not already living in the City. And if they're living in the
City, that they will remain in the City for the duration of that appointment.
They are discretionary appointments. And the very word implies that we can
impose conditions, and I sure hope that we can do that and you will continue
to implement that until we can then apply it to all the employees in the City
of Miami. And if there are some exceptions to be made for people who have
been here and who have bought houses and have commitments outside the City,
and their kids are going to school, well, maybe we'll look at those. But, at
some point, we have to implement this on a Citywide basis, and at the very
least the example should be set by department heads, assistant city managers,
and, of course, by the City Manager himself, who, in this particular case, has
abided by it. I don't know that I have any other comments. Commissioner
Dawkins, in his analysis, in his questions, I know touched upon, and I'm not
sure I looked at the answer carefully, because we just got it back so
recently. He touched upon the Employee Relations Department - is that the
correct title for Dean Mielke, the function of Dean Mielke used to carry out?
Mr. Odio: Yes.
Mayor Suarez: What is the answer to his question? Are we going to have...
Mr. Odio: We have...
15 January 10, 1991
Mayor Suarez: ...a department? Are we going to eliminate it or are we going
to have someone that advises you along with the City Attorney and his
assistants and the Personnel Director or assistant city manager combination,
Angela Bellamy, etcetera?
Mr. Odio: We have Sue Weller who has been with Mr. Mielke for a long, long
time is my advisor on matters of labor relations and in dealing with the
unions on a day-to-day basis, and...
there's not going to be all of a sudden,
Mayor Suarez: May we assume that
someone making $83,000 that's going to show up here coming from God knows what
city, with God knows what credentials and all of a sudden calling himself and
using letterhead that says that he is our employee relations director or
coordinator?
Mr. Odio: You may assume that. I believe also that you may assume...
Mayor Suarez: And that we then have a net savings of $83,000, in effect.
Mr. Odio: Yes, we do, and...
Mayor Suarez: Or whatever the amount was that Mr. Mielke was earning.
Mr. Odio: Ninety some thousand, but...
Mayor Suarez: Ninety some thousand dollars.
Mr. Odio: But, Sue Weller is very capable of dealing on a day-to-day...
Mayor Suarez: But Sue Weller is a current employee. Presumably, she will get
a modest raise...
Mr. Odio: Yes, sir, and...
Mayor Suarez: ...and so the net gain is still close to $90,000.
Mr. Odio: Yes, sir. It's a full position, but she's very capable. I'm very
satisfied that she's the person that can deal with the labor relations
problems of the City on a day-to-day basis, and she's going to surprise a lot
of people.
Mayor Suarez: In the Fire Department, there has been a public information
officer who is a civilian and not a fire officer.
Mr. Odio: Yes, sir.
Mayor Suarez: That person has resigned or retired. May we assume that the
Fire Department has now seen the light and decided that they ought to have a
fire fighter carrying out those functions?
Mr. Odio: There is a request on my desk during my vacation requesting that a
fire fighter to replace Christy Lemay, to assume those duties. I have not
signed that memo.
Mayor Suarez: By the way, my feeling is, as to the Fire Department and as to
the Police Department, I had a young officer that you said "hi" to yesterday
come to see me who had been in the City of Miami Police Department's...
Mr. Odio: Well, yes, he started here...
Mayor Suarez: ...Public Information Office.
Mr. Odio: He started here as a PSA many years ago and I saw him here
yesterday.
Mayor Suarez: Right. Now, he was doing public information for the Police
Department. I have no idea why we need to have a whole unit - this kind of
follows Vice Mayor Plummer's concept that we ought to try to have as many
officers as possible out on the streets. I have no idea what we need a public
information office over there. There's got to be somebody, obviously, to take
phone calls and occasionally inform the public of certain things. If that's
what they mean, that would be one thing. But spokespersons for the
16 January 10, 1991
Department, spokespersons for any department, as far as I'm concerned, should
be the department head. Spokespersons for the City should be this Commission
and the City Manager. And all this expenditure of people who are running
around being public relations specialists or spokespeople, to me, makes no
sense from the management standpoint. I am having to consider all the time
how I'm going to reply to a media who is asking me about a statement made by
some young police officer who is assigned the task of being a spokesperson. I
would like to see the Police Chief and his assistants do that task. In the
Fire Department, I would like to see the Fire Chief and his assistants doing
that task. It should be the Fire Chief really, to the extent possible. If
he's not around, maybe a deputy. And it should be the Police Chief. And
these other guys, if they're as many phone calls as they tell me coming in of
citizens who want information from a Police Department, maybe you need a
couple of people to take those phone calls and answer the general public.
Spokespersons for the Department and for the City should be the people who are
appointed department heads and who have that responsibility and who are paid
$90,000 and have supposedly extensive training and extensive experience. For
me to see on television a police officer who has been in the department a
couple of years answering questions about important matters in the City,
public corruption matters in the City, important trials in the City, makes no
sense whatsoever. And let me tell you, a huge percentage of the time, they
say the wrong thing. And the same goes true for the Fire Department. There
is no reason - and you know what I'm talking about - there is no reason for
that not to be a task of the department head. You have infused the City,
thanks to this Commission in part, with the notion that people can wear more
than one hat. They can have more than one responsibility. All these PIO
officers all over the place, I don't even think we need them, to tell you the
truth. And if we need them, it would be to take calls from the general
public. Not to discuss with the media anything. We'll discuss with the media
things, you'll discuss with the media, you love to talk to the media.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: That's a sarcastic statement. The Police Chief loves to talk
to the media, That's also a sarcastic statement. And the Fire Chief, I don't
guess he gets too many media phone calls. Let me tell you, I don't even know
why the Fire Department - the more I think about it, why the Fire Department
would need a public information officer. Not that many fires in the City that
need all kinds of explanation. Anyhow, that's a management issue. I hope
that a trend continues to not replace these people when they resign. I want
everyone here to know the person who was doing employee relations for the
City, you just stated, I thought he was making $83,000. He was making over
$90,000, you just stated. Right? No college degrees. Now, I don't think
people who have college degrees necessarily are better able to do things. We
have all kinds of examples of people who have college degrees and, you know,
don't know their way to first base. But, why do we need an employee relations
specialist making $90,000 a year? How do we justify to other employees who
are going to be cut, have their salaries cut, or who, themselves, are going to
be laid off, as we thought we were going to do this year, that we have these
people with such qualifications, or lack thereof, making those huge amounts of
money? And I hope the trend - thank you - I hope the trend will continue
towards streamlinging, towards elimination of those positions. I. am
reasonably satisfied that we've changed the direction we were heading in. I
think everyone on this Commission got involved in that process, and you became
more and more attentive to it, and those are the main things I wanted to put
at this point. There's no need to rehash some of the other things. I do hope
that one other thing, Mr. Manager, we were just talking about Bayfront Park
yesterday. Aside from all the other debacles involved in that project which,
I think, everyone here in this Commission would say they did their best to
stem that whole white elephant over there. Aside from that, you have promised
me more than one occasion - and I've yet to see it implemented - but I have a
feeling that you're going in that direction. For any major project the City's
involved in, whether it's totally done by the City or joint project with the
private sector, that you're going to have a project manager. And we're going
to know who the project manager is, and we ask about, you know, the Dinner Key
Marina back here with the great electric meters that we won't have to hear
from a whole row of City employees. Public Works, Marina, Parks, the whole
bit. We asked about the Merrill -Stevens site over here that we don't have to
hear from, you know, property management, City Attorney, marinas. You have, I
think, a capital improvements division in the marinas which is now under Parks
& Recreation. That you'll have project managers. We'll know who to turn to
and who to ask the questions and who will be on top of it and who will spend
17 January 10, 1991
their waking hours. These people should be people who understand this is very
much like being a project manager in the private sector. Let me tell you, if
you're a project manager in the private sector, you are on call 24 hours a
day, Saturday, Sundays, holidays. You're out there making sure the work is
being done. If something stops, if work stops all of a sudden and whatever
the project may be, you should know that if you're the project manager. Your
phone should be available to the Manager and to this Commission, your home
phone, until we get this thing resolved. There should be none of the problems
we've had in the past in getting some of these large projects done and God
knows that the City, and hopefully, the press will pick this up, has done have
a billion dollars in capital improvement projects, joint, public, and private,
and totally public, in the last five years. There's never been half a decade
like that in the history of the City of Miami, but we've got to do better, and
projects managers is the way you've told me, and we've agreed is the way to
proceed, and I hope you begin to implement that, and we know who they are.
Mr. Odio: Yes, Aurora Badia, for instance, is now responsible and has been
for Clemente Park and public...
Mayor Suarez: Clemente Park, perfect example. Your park, Clemente.
Mr. Odio: Clemente Park.
Mayor Suarez: Right.
Mr. Odio: The one that took us a year to....
Mayor Suarez: On the drawing boards for - I saw the recap the other day,
1982; 1991 now. That's nine years. Had we had a project manager there, maybe
that project manager would have alerted us at some points to the fact that the
property owners were demanding a little bit too much money. It's not your
fault. It's not your fault in the sense of personalizing it. It's all of our
faults. That person might have said, listen, Commissioners, this guy here
many years ago, made the motion, if I remember correctly, that Clemente Park
was our number one priority. It was the worst condition of any park in the
City of Miami. That was at least five years ago, and there's been not one
brick yet laid, not one blade of grass replaced. That is for whatever reason
it is. Let's do something about it. Let's fast track it, let's derail the
project, let's change it, let's modify it, let's go to a different site. You
know what property owners do? In this particular case, I want you all to know
from Wynwood, there were twelve property owners that we have to deal with.
You know, the old story about twelve bridges to the promised land. Any one of
which can ruin your project. It's not a real smart idea, but we had a park
there. We had to expand in some direction and that direction that we wanted
to expand, the logical one had twelve property owners. In effect, we were
telling those twelve property owners, any one of you can hold us up. We
shouldn't have said that. We should have said, we will reconfigure this
doggone thing and we'll have... hell, if Joe Robbie can reconfigure that
stadium to major league baseball, we can reconfigure our park to have baseball
field in some unusual ways. We took too long to do that. Finally, we did.
Out of those twelve, eleven have negotiated with us. One is missing.
Commissioner Alonso: He thinks his property is worth over $100,000 and it's
not $50,000.
Mayor Suarez: Exactamundo. And that property is going to be next to a
basketball court in the final plan. I hope he enjoys the kids playing there
all the time. We're going to make sure the hours in that park are the latest
of all in accordance with our ordinances; 11:00 p.m., 11:30, 12:00 a.m.,
whatever time until he sells us that property.
Commissioner Dawkins: No, we aren't even going to accept it.
Mayor Suarez: Actually, you're right.
Commissioner Dawkins: We don't want to buy it. We don't want it. Let him
keep it.
Mayor Suarez: Actually. We're going to let him keep the property. He's
going to monitor that basketball court for us.
18 January 10, 1991
Commissioner De Yurre: We're going to have the midnight basketball program
there.
Mayor Suarez: We're going to have the midnight.... and the kids will be very
attentive to his property. They'll be keeping an eye on it for him. And the
lights will... I'm sure he'll enjoy the lights that the...
Commissioner Alonso: Especially the lights.
Mayor Suarez: You know, common sense, administrative things that I saw so
much here in 1985, and I know the Commissioners who have been here welcomed in
your approach and that later, we were just inundated with experts running
around all over the place giving us reports that none of us understood, and I
don't want to say exactly how many people in the administration understood, or
how little they have been used since those reports were made, at a great cost
to the citizens of Miami. And all of that has been scraped. I'm glad it has
been, but further streamlining is necessary, and I hope you're up to the task
because we still have a large number of job classifications in the City, and
that's creating headaches for us in the Civil Service process, in the appeals,
in the complaints from employees. People don't have... they have the feeling,
Mr. Manager, that a discretionary or management employee can somehow get
promoted, somehow get a 15 or 20 percent raise, can somehow get transferred
into the City from outside, from somewhere else, from another city as happened
one time in Building & Zoning. You know, the Building & Zoning Director, a
very nice woman who has left our department since then, came from Coral
Gables. I don't know why we couldn't have found somebody in our own
department. The idea that we hire consultants who have been with the City for
15 or 20 years. I see Dr. Alonso responding back there and he agrees with it,
is one that you've been fighting against. Why we don't have people who can do
that job, why we didn't have somebody to do the work that Pete Long had to do
on Bayfront Park, which didn't work out. I'm not going to blame Pete Long for
Bayfront Park, but it just didn't work out. And why we can't have our own
employees do those tasks is something that is objectionable and people find to
be... they estimate, they guess that it may be cronyism, and we hope that that
will stop. Commissioner Alonso has come in here with the - the most recent
new Commissioner - with the enthusiasm of further streamlining and I have
heard her be willing to vote "no" on a variety of City grants and programs,
which is a tough thing to do because there's people out there who want us to
support the arts and so on. And she has voted along with the rest of us. So,
we have tightened our own legislative belts, and you have to tighten the
administrative belt, and not be subject to the pressures of people who want to
come into the City at all kinds of levels. We have to train the people that
are in the City already to take over for those that are on their way out.
And, by the way, we have to continue putting pressures for some people to be
on their way out. They're nice people. There's nothing wrong with them.
They've been here many, many years. They have a right to huge pensions, huge
pensions. There's some people that can retire who are not yet 50 years old
can make $60,000 a year and hold a similar job in the similar county, in this
very county, under our system, under our Rule of 70, which makes no sense
whatsoever. And so we propose to them that this may be a good idea, otherwise
we do... like they do in the federal government. You know what they do in the
federal government? When they want you out, but they don't have any way of
getting rid of you, they transfer you to another city that nobody wants to
work in. And you know which city typically? - and I hope somebody calls the
mayor and tells him I said this because of what they've been saying about us -
to Buffalo. They transfer them to Buffalo. Who the hell wants to go to
Buffalo? And so they quit.
Commissioner Alonso: Carl Goldfarb is from Buffalo.
Mayor Suarez: See, that's a reverse process, see. They probably sent him
away from Buffalo to get rid of him and we end up with him.
Vice Mayor Plummer: You only got one problem, Mr. Mayor. Buffalo is favored
by six points.
Mayor Suarez: And after my remarks, I hope the people of the United States
understand just what a horrendous place Buffalo is.
Commissioner Alonso: Remember, soon you will be eating a lot of chicken
wings.
19 January 10, 1991
Mayor Suarez: Actually, the classic city in federal bureaucracy is to be
transferred to Cleveland, but I don't want to get two mayors angry at me.
Now, it's Cleveland and Buffalo, but Buffalo is very germane because they used
to have a football team and they're really kind of.... Carl Goldfarb is from
Buffalo?
Commissioner Alonso: Yes.
Mayor Suarez: You know, that's a good note to end on.
Commissioner De Yurre: Prime example of what the Mayor is talking about.
Mayor Suarez: A prime example of transferring somebody hoping to get rid of
him, and he ends up in Miami. All right, that pretty much concludes my
remarks, my evaluation, Mr. Manager. Anyone else? If not, you...
Vice Mayor Plummer: Mr. Mayor, I have a resolution, which is appropriate.
The resolution, which I've furnished all of you.
"A resolution amending Sections 8 and 9 of Resolution number 86-
11, adopted January 9th, 1986, as amended, thereby modifying
certain compensation, benefits and emoluments to the received by
Cesar Odio, City Manager of the City of Miami, Florida."
I do, hereby move.
Mayor Suarez: Is this the resolution that I have just been handed?
Vice Mayor Plummer: Yes, sir.
Mayor Suarez: Any Commissioners have questions? -because I'm going to have
some questions on this.
Vice Mayor Plummer: Would you like me to go a little bit further on it, sir?
Commissioner Dawkins: No, you don't have to go no further on it.
Vice Mayor Plummer: All right, sir.
Commissioner Dawkins: OK. First, I want to know what Section 9 means.
Vice Mayor Plummer: The sections that are listed here, Section 9 is down at
the bottom. "Cesar Odio may continue as a member in the City of Miami General
Employees & Sanitation Employees Retirement Trust Fund." That's in relation
to his pension. "The City will reimburse Cesar Odio for his 10 percent
employee contribution and the City will also reimburse Cesar Odio for his
contribution in accordance with law to the ICMA deferred compensation 457
plan, or he may, at his option, participate in any other retirement program
which herefore has been authorized by the ordinances of the City of Miami."
The Manager, many years ago, was afforded the opportunity of joining the ICMA
Pension Plan rather than the City plan, and it was at his option. Managers,
as I had stated previously, have usual average life span of 2.4, and to get
bogged down in one pension plan where they had no chance of ever getting
vested, they could take the option of ICMA regardless of where they were
working as their contributions were made to ICMA. They would then have the
opportunity to become vested after a number of years, and still have a
retirement plan. This speaks to that.
Commissioner Dawkins: Is that in conjunction with, on top of the $106,000?
And what would be the benefits that you're talking about adding in Section 9,
what would that bring the total of one six two six one up to for the year?
Vice Mayor Plummer: Mr. Dawkins, this, in no way, changes what is previously
been in effect.
Commissioner Dawkins: So what you.... no, no, no, see...
Mayor Suarez: What's the amount?
Vice Mayor Plummer: Oh, the amount?
Commissioner Dawkins: Thank you. Thank you, Mr. Mayor.
20 January 10, 1991
il
11
Vice Mayor Plummer: Oh, I'll have to get that from Budget, the actual
dollars.
Commissioner Dawkins: All right, but I'll table this till you get that.
Vice Mayor Plummer: Well, let me say to you that I don't think it really
changes it, based on the fact that the one provision...
Commissioner Dawkins: Well, I don't want you to think, I need to know. This
is important enough for me to know. I don't need no thoughts on it.
Vice Mayor Plummer: All right, sir.
Commissioner Dawkins: OK?
Vice Mayor Plummer: I will give you my opinion. My opinion is that this does
not call for any increase in salary. As such, would not...
Commissioner Dawkins: All right, let me rephrase my question.
Vice Mayor Plummer: All right, sir.
Commissioner Dawkins: The $106,261 will cover... I mean, everything in
Section 9 will be deducted from the one oh six two one.
Vice Mayor Plummer: No, sir.
Commissioner Dawkins: OK, all right, so you're adding to then.
Vice Mayor Plummer: This is no different.
Commissioner Dawkins: So you're adding to then.
Vice Mayor Plummer: No, if you read Section 8, that, as we know, with all
City employees, is salary.
Mayor Suarez: OK, that's A, that's part A.
Vice Mayor Plummer: Then there is on top of...
Commissioner Alonso: Eight.
Commissioner Dawkins: I didn't ask nothing about eight.
Mayor Suarez: Eight.
Vice Mayor Plummer: That's 8.
Commissioner Dawkins: I didn't ask nothing about...
Vice Mayor Plummer: And there is absolutely nothing no change in 8.
Commissioner Dawkins: OK.
Vice Mayor Plummer: The only difference there is a five percent increase he
was granted before. There is no increase in this amendment. It is exactly
the same as before.
Commissioner Dawkins: Then, where will the money come from to cover Section
9?
Vice Mayor Plummer: All right, sir, I'll answer that.
Mayor Suarez: And, I will also want to know about part B of Section 8,
because I have no idea... if that means what I think it means, I got a lot of
problems with it, because I have no idea where the money is going to come for
that either.
Vice Mayor Plummer: OK. Let me try to answer Section 9 first, Mr. Mayor.
Mayor Suarez: All right.
21 January 10, 1991
Vice Mayor Plummer: No different than any other employee, the salary which he
receives does not speak to perks. For example, in the Police and Fire
Department, whatever they receive in salary, which is relevant to Section 8,
they have a fringe package which is in addition to their salary. In Police
and Fire, if I'm not mistaken, 38 percent of a fringe package is retirement
and retirement alone. It is no different here.
Mayor Suarez: The comparison is interesting, but remember that a lot of that
for them is insurance, and the Manager also is getting insurance, I presume,
so what we're talking about is a sort of golden parachute that seems to be
built in here, or a pension. And I think that's what the Commissioner is
asking about in Section 9, and I'll be asking about Section 8A.
Vice Mayor Plummer: I think what he's asking about, where is the money coming
from to cover Section 9.
Mayor Suarez: How much is it first?
Commissioner Dawkins: No, no, no, I asked how much is it?
Mayor Suarez: How much is it first?
Vice Mayor Plummer: Oh, OK.
Commissioner Dawkins: How much would the total package be? That's all I ask,
Commissioner Plummer.
Vice Mayor Plummer: All right.
Commissioner Dawkins: Give me the amount of the total amount of money...
Vice Mayor Plummer: All right.
Commissioner Dawkins: ...that we will say that the Manager is paid. If it's
a $150,000, tell me it's a $150,000...
Vice Mayor Plummer: OK.
Commissioner Dawkins: Don't tell me it's a $106,000 when I know it's not.
Mr. Odio: The total with fringe benefits, my salary is $120,000.
Vice Mayor Plummer: Can't be. Can't be.
Commissioner Dawkins: It is. It is. True, true, true.
Vice Mayor Plummer: You're saying $120,000 includes fringe?
Mr. Odio: Includes the pension and everything else, yes.
Vice Mayor Plummer: You're saying that the pension is only $14,000?
Mr. Odio: Because I pay taxes over that, so I know that.
Commissioner Dawkins: OK, go ahead. So, what we're saying here, the Manager
will be paid $130,000 a year. That's what you're saying?
Mr. Odio: That is not on salary alone.
Vice Mayor Plummer: No.
Mr. Odio: That's with the fringe.
Commissioner Dawkins: No....
Mr. Odio: With that fringe, yes, sir. It's one twenty.
Vice Mayor Plummer: This is no... let me give you the example. When I pulled
the numbers, and the only numbers I have, I'm not picking on the individual.
When I looked into Perry Anderson, Perry Anderson is making $95,000 a year.
When you add his fringe package, he is a cost to the taxpayers of $142,000.
Now, I don't believe, Mr. Manager, you're correct, and I'm arguing against you
that your fringe package, if normal, the fringe package...
22 January 10, 1991
Commissioner Dawkins: I'm not arguing whether it's normal, abnormal or
indifferent. All I ask for is an amount.
Vice Mayor Plummer: You asked for a bottom line.
Commissioner Dawkins: An amount, that's all I asked for. I didn't ask about
Perry Anderson, I didn't ask about Perry Anderson's mother, his sister, or his
brother.
Mr. Odio: Let me say...
Commissioner Dawkins: I only asked you for the total amount of money that
we're going to pay the Manager.
Mr. Odio: Let me simplify, Mr. Mayor...
Mayor Suarez: Because...
Mr. Odio: One hundred and...
Commissioner Dawkins: No, no, no, not Let Plummer simplify it, I don't want
you to simplify nothing. Plummer brought this up. When I get ready to hear
from you, I'll ask you.
Vice Mayor Plummer% He wants, and is entitled to a number, and do we have
that number available? Mano...
Mayor Suarez: As to Section 9.
Commissioner Dawkins: So, how could you all bring me something here and you
don't have the figures in it?
Mr. Odio: The cost of Section 9 is $10,600.
Commissioner Dawkins: That's all?
Mr. Odio: Yes, sir.
Commissioner Dawkins: So, that just brings your salary then up to $116,000.
Mr. Odio: Right, plus the...
Vice Mayor Plummer: No, no, that's not salary.
Mr. Odio: Wait, wait....
Commissioner Dawkins: Anything that you take home in a package is salary.
Vice Mayor Plummer: No, sir.
Mayor Suarez: Are you saying Section...
Vice Mayor Plummer: You and I both receive from the City of Miami a thing
called 1099 unearned income.
Mr. Odio: That's what it is.
Commissioner Dawkins: And I pay income tax on.
Vice Mayor Plummer: And that's what that is.
Commissioner Dawkins: And you pay income tax on it.
Vice Mayor Plummer: You may, or may not, depending on your offset, as far as
a wash is concerned.
Commissioner Dawkins: But, it's reported to the IRS.
Vice Mayor Plummer: That is correct, sir.
Mr. Odiot Yes.
23 January 10, 1991
Commissioner Dawkins: Well, what is the amount of money that will be reported
to the IRS for the Manager for the year?
Vice Mayor Plummer: Mano.
Mr. Odio: One hundred and twenty thousand dollars.
Commissioner Dawkins: A hundred and twenty thousand dollars. That's...
Vice Mayor Plummer: That is not correct.
Mr. Odic: Well, but I don't get...
Commissioner Dawkins: But, J. L. Plummer, you don't....
Commissioner Alonso: It better be. It's going to be reported to the IRS.
Commissioner Dawkins: Are you the budget manager or the Commissioner?
Mr. Odio: Plummer, it is...
Vice Mayor Plummer: Sir, I have the right to disagree.
Commissioner Dawkins: OK, well do that then, but don't tell the man he's
wrong. Just say, I disagree.
Vice Mayor Plummer: I disagree.
Mayor Suarez: All right, the "Blues Brothers."
Vice Mayor Plummer: it doesn't include health and life.
Commissioner Dawkins: All right, the other thing I'd like to know is, what is
B of eight?
Vice Mayor Plummer: Well, that's what he's asking.
Mayor Suarez: Yes, let's go back to B, because that...
Vice Mayor Plummer: He is asking that question.
Mr. Odio: No, the question...
Vice Mayor Plummer: What is the total cost of the Manager to the taxpayers of
the City of Miami is his question.
Mr. Odio: No, that's not...
Commissioner Dawkins: Mr. Mayor, I accept all explanations for that. What is
B?
Mayor Suarez: Let's look at B, please.
Commissioner Dawkins: What is Section B and what does it say?
Mayor Suarez: All right.
Vice Mayor Plummer: Section B says, if for whatever reason...
Mayor Suarez: Let me ask you this to see if I can cut through it, because I
am particularly worried about B.
Vice Mayor Plummer: OK.
Mayor Suarez: Is B saying...
Commissioner Dawkins: Well now, he may cut through it, but I'm not cutting
through it.
Mayor Suarez: I know.
24 January 10, 1991
Commissioner Dawkins: OK...
Mayor Suarez: You will, I think, and when you hear this.
Commissioner Dawkins: OK.
Mayor Suarez: Are you saying that B, that if he is dismissed, let's say,
tomorrow, for whatever reason, that we owe him two years' salary? That is, to
say, $212,522?
Vice Mayor Plummer: If you...
Mayor Suarez: And, perhaps, some other fringe benefits in a lump sum?
Vice Mayor Plummer: Mr. Mayor, if you...
Mayor Suarez: Because if so, you better make the motion in two parts. The
first motion a vote of confidence and the second one having to do with this,
so I can vote no on this.
Vice Mayor Plummer: Can I answer now?
Mayor Suarez: Yes.
Vice Mayor Plummer: Mr. Mayor, if you read further, it so stipulates that if
you terminate him without cause, that provision kicks in. If it is
termination for cause, malfeasance or misfeasance in office, you owe him
nothing. It's, in other words, if three people, as I think I've heard the
comment made around here before, doesn't like tomorrow morning, the way he
combs his hair, and three votes says, hey, (WHISTLE), bye, and you terminate
him without cause - malfeasance or misfeasance, as so indicated in the
Charter - yes, sir, that provision does kick in.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: You know, this is a golden parachute, and I, for one,
don't understand - and I'm not voting for it. I don't care who votes for it.
As Plummer says, that's my prerogative not to vote for this.
Vice Mayor Plummer: It sure is.
Commissioner Dawkins: But, if you are going to be fair, which we should be,
and you're going to provide that individual which we are responsible for, and
we evaluate, and we determine whether they are kept or let go, the same
benefits must be afforded the City Clerk and the City Attorney. If you're
going to give the City Manager a golden parachute, give it to the City Clerk
and to the City Attorney. Now, that's one-half of it. But I would be remiss
to sit here and allow all of the citizens, who I represent in the City of
Miami, especially the black ones, to let you get away with this - when the
Police Chief was here asking for a golden parachute, he was black and you all
didn't want no parts of it. You said, it's not in the Charter, it cannot be
done, we cannot assure him, we're not going to let him have this, and now,
this morning, the same things that the Police Chief asked for, which was
nothing more than job security, it couldn't be done. I sat here, I listened
to you, I voted with you because I felt that the Charter spelled out that we
could not give golden parachutes. And yet, this morning, in your wisdom,
you're going to tell me that a man who has been here for five years, and never
been evaluated in five years, and Howard Gary was evaluated every year. I
don't know whether the color of his skin had anything to do with this or not,
it don't matter. But every year, Howard Gary was evaluated. Now, we have a
Manager who has been here for five years, and evaluated, who we just said is
doing a tremendous job, who, if you think he continues to do a commendable
job, who will still be here. Why do you need a golden parachute? If he
continues to do a job, he will be here. If he doesn't continue to do a good
job, he should not be here. And I am insulted for my fellow Commissioner,
J.L. Plummer, to sit here and offer to do for the Manager what he wouldn't do
for the Police Chief.
Vice Mayor Plummer: May I respond?
25 January 10, 1991
Commissioner Dawkins: By all means.
Vice Mayor Plummer: Mr. Mayor and my colleagues on this Commission...
Mayor Suarez: Vice Mayor Plummer.
Vice Mayor Plummer: This, of course, I think I'll stand on my record of the
past is not a black and white issue. It was said of all department heads, but
I think we have to go back to the Charter. The Charter is the one who states
that the Manager's position is different than anyone else's in this City. The
Charter does not speak to the City Attorney, or to the City Clerk. It speaks
to the Manager. There is a process in that Charter that says, if he is
dismissed, there is a procedure which can be followed. That procedure does
not apply to anyone else except to the Manager. Now, let me go back, if I
may, to resolution 87-990, which all members of this Commission voted for on
November the 10th, 1987, in which each and everyone, with the exclusion of
Miriam Alonso, who was not here, voted for this exactly same so-called golden
parachute. This is not a bit different with one proviso, and that proviso is,
there is no increase in salary. This resolution, as proffered here today, is
tracking the exact same language with the exception of a five percent increase
is not there. So, I want to only remind the members of this Commission, this
is no different than what each and everyone of you voted on before, and voted
favorably. It is tracking the same language.
Commissioner Dawkins: The difference, the difference...
Mayor Suarez: Wait, wait...
Commissioner Dawkins: The difference, my Commissioner, is this. At the time
that we voted, we all felt that the Manager needed a frame of mind to work
within that assured him that he did not have to worry about being terminated.
Now, he has worked in this position for five years, and according to us up
here this morning, he has performed magnificently for five years. So now,
nobody, unless somebody up here can explain to me why is it if I have
performed for five years any position and done my job, that you've got to give
me a two-year golden parachute for me to continue to do my job in the right
way? You're right, it's nothing added. The only thing added is that the
other two years that we spoke of has expired. That is the difference,
Commissioner Plummer. That that was voted on has expired, and you are
attempt, we... I'm sorry, J.L., we are attempting to renew that that which has
expired, which I feel there is no need for.
Vice Mayor Plummer: Well, my only answer to that is that the evaluation
process, it had always been said, that during that evaluation process is when
we would speak to salary increases, changes in compensation. That it would
not be done until such time as an evaluation was done. Now, if what you're
evaluation is only for the purposes of hiring or firing a manager, then I
think that, that should be understood. This package here does not include
anything different than that which we all voted for back in November of 187,
with the one exception which is deleted from, and that is an increase in
salary.
Commissioner Dawkins: Let the r�Acords reflect that J.L. Plummer is the only
one on this Commission who mentioned hiring and firing. I do not want the
press...
Vice Mayor Plummer: No, no, I....
Commissioner Dawkins: ...to go out and say that we, up here, talked of hiring
and firing. J.L. Plummer, let the records reflect, is the only one up here
who mentioned hiring and firing. Now, to get back to what the Mayor said, if
we had been evaluating the Manager annually, we would have known that nothing
was done in Clemente Park. Why? Because we would have had last year's
evaluation to say, hey, in Clemente Park we said we were going to do this.
Then the Manager could have told us we didn't do this because of that, and
then those who voted for us could hold us responsible and not be giving the
Manager hell. That's the first part. The second part is, Mr. Manager,
because I'm going to keep quiet after this vote. You told the Mayor, that you
have a qualified labor relations person. Every 90 days, I'd like for you to
provide me and the rest of the Commissioners with any outside labor lawyer
that you brought in to settle any labor disputes, any outside labor
consultants that you have brought in and paid to help work with the labor
26 January 10, 1991
disputes. And, at any time, so that I can really and truly at the end of the
year say that, by dismissing - and we really didn't do anything but shift Dean
out and bring somebody else in - and I'll be able to say, yes, you did save
money. But, if you have to bring in high priced lawyers to sit down to
protect our interests, we didn't save any money. Thank you, Mr. Mayor.
Mayor Suarez: OK...
Mr. Odio: On the regards to lawyers, I need to clarify, I do not hire
lawyers. It is not my discretion to hire lawyers.
Mayor Suarez: Well, but, presumably, the City Attorney brings in lawyers with
your advice and consent, and that report, 90-day report, I think would be
helpful, Mr. City Attorney, also as to your having to hire outside counsel,
because it does get expensive and we'd like to know about it.
Vice Mayor Plummer: Don't we also, the City Commission has to approve any
fees as far as outside counsel is concerned.
Mayor Suarez: But, we sometimes approve the blanket agreement and then we
don't....
Commissioner Dawkins: Or after the fact...
Vice Mayor Plummer: Ratify.
Mayor Suarez: Right, or even after the fact sometimes. Were you going to ask
something? -because I'm going to respond to all of this. I don't want to
preempt you, Commissioner.
Commissioner De Yurre: My only concern is this Section B, and I'm in favor
with everything else. But, you know, it goes back to the point, I think
Miller makes a good point. If you're doing the job then, you know, you're
there. And there's no reason to have a golden parachute as far as I'm
concerned, because...
Vice Mayor Plummer: Let me short circuit you, if I may. I'll withdraw
Section B.
Mayor Suarez: I would like to answer, Mr. Vice Mayor, in any event, on one
point you made....
Vice Mayor Plummer: Sure.
Mayor Suarez: ...which, I think, is probably factually...
Commissioner De Yurre: But, before you short circuit me...
Mayor Suarez: Yes.
Commissioner De Yurre: Let me finish.
Mayor Suarez: I'm sorry, go ahead.
Commissioner De Yurre: I've only said two words here all morning.
Mayor Suarez; I thought you were...
Commissioner De Yurre: And they're short circuiting me already.
Mayor Suarez: I thought you were satisfied with the short circuit. Go ahead.
After the short circuit.
Commissioner De Yurre: I think that, you know, a lot of the problems that we
have in this community are perception, to a great degree. And some of it is
not. And I think that certainly we have to make sure that we maintain a
certain course that is applicable to everyone. And even though there's an
argument to be made that he is the administrator, and everybody else functions
as directors, per se, in this City, we need to send a message out that the
concept of, if you're doing your job, you're going to stay doing your job, is
important. And there's no need, whether you're a City Manager or a director
or any other individual working for the City of Miami to feel that your job is
27 January 10, 1991
on the line, and you may get dismissed even if you're doing your job because
of the way you comb your hair. We work here hard. We're all committed to the
City of Miami. We all do our job to the best of our abilities, and as long as
we keep doing that in good faith, the people that are employed in the City
will keep working for the City. And I think that golden parachutes, in and of
themselves, tend to create maybe a different type of atmosphere, because you
can always walk away say, hey, I could be home for the next two years and do
nothing, and I'll still be making the same kind of money. And not that it
applies to this case, but it certainly is sending a message that I don't think
it's quite proper for taxpayers' money to be used in this way, and I'm glad to
see that Cesar recognizes the fact that he doesn't need a golden parachute.
He's got support of this Commission, and we just got to keep working together
to make Miami the great City that it is, and continue working towards that
goal.
Mayor Suarez: I have one preliminary question, and then I have to clarify a
lot of what's been said on the contractual agreements that we've had in the
past, and on what the Charter calls for in relations to the Manager. My
question is, and a refrain comes to mind which says, "fool me once, shame on
you; fool me twice, shame on me. " A couple of years ago, Mr. Manager - in
fact, I would guess three years ago - you brought the contract that Vice Mayor
Plummer referred to, and the way you explained it to me and the way you and
perhaps other people in the administration explained it to me, if I inquired
further, which I think I did, was the following. You said you needed that
three year understanding which would translate into a pension vesting for you
mechanism. A pension vesting mechanism for you, because you did not have, at
the time, I think, ten years of service in the City. So, it is very
distinguishable from Chief Anderson or anyone that's been in the City and that
has pension benefits...
Mr. Odio: Yes.
Mayor Suarez: ...they have, not a golden parachute, they have a built in
Civil Service parachute that you can guess what you think, if it's golden or
silver or mud or whatever, but it's certainly a pretty good parachute, and in
some cases, not in others. You didn't have that. I was told by you that
that's what we were doing. We were guaranteeing you, roughly, $33,000 a year,
maybe thirty-four...
Mr. Odio: That's right.
Mayor Suarez: ...in case of dismissal by the Commission that you would be
paid for, for the rest of your life as a pension for the years of service that
you had, and that's what we were doing.
Mr. Odio: That's what you were protecting my pension, yes.
Mayor Suarez: I have a feeling that we also did what Vice Mayor Plummer
described. I have a feeling we also, in effect, got ourselves into some
contractual agreement - I should have looked more carefully at it - that would
agree to pay you for the rest of that three year period a certain sum per
year, and maybe even called for a lump sum payment, if we dismissed you
without cause. And I think there must have been a provision that said we
could still dismiss you with cause, and you wouldn't be entitled to any of
this.
Mr. Odio: My intent, at all times - and I hate to talk about money for
myself - was to protect my vested...
Mayor Suarez: That's what you told me, that you wanted to protect that
minimal....
Mr. Odio: And that was my .....
Mayor Suarez: ...parachute at the end which every City employee who is in
Civil Service and who's got vested pension benefits is entitled to. Now, you
are at the classic discretionary employee. The Charter says clearly in
Section 15, "He shall hold office - referring to the Manager - at the will of
the Commission." Let me restate, for the record, for the citizens of this
City who are here and for the media. That section, together with the section
on removal of the City Manager, 15A, which shows a very interesting procedure
not found, as far as Ism aware, in any Charter of any city in the United
28 January 10, 1991
States or any impeachment or dismissal provision of any constitution of any
country in the world that I'm aware of. It is a very unusual one. It calls
for a procedure to remove the City Manager and replace him. But that
procedure only means that he gets 30 days in which to state his answer to our
reasons for the dismissal. That is all. It doesn't, as far as anybody is
concerned, give him any additional rights. It doesn't mean that we have to
dismiss him for cause. He serves at the will of the Commission. We need not
state, as I understand the Charter, we need not have reasons other than those
that we can state on a piece of paper so that we can comply with Section 15A.
Mr. Odio: I changed my mind, I want the parachute.
Mayor Suarez: To me...
Vice Mayor Plummer: One difference, Mr. Mayor, excuse me.
Mayor Suarez: Yes.
Vice Mayor Plummer: It is not, as you stated, that he has the right to answer
on paper. It does provide for a hearing.
Mayor Suarez: He has a hearing, he gets a hearing. All right.
Vice Mayor Plummer: And I want to bring to your attention, because none of
you were around, that in the time that Mel Reese was fired, who asked for that
hearing, he was reinstated.
Mayor Suarez: All right.
Vice Mayor Plummer: OK? Because the malfeasance and misfeasance were not
substantiated.
Mayor Suarez: Not because of that under the Charter, Mr. Vice Mayor. Let me
finish my presentation....
Vice Mayor Plummer: OK.
Mayor Suarez: ...on the Charter.
Vice Mayor Plummer: Sure.
Mayor Suarez: Malfeasance or misfeasance have nothing to do with these
provisions. He serves at the will of the Commission. The will of the
Commission, without further definition, has been understood to mean, at our
absolute discretion. If there's another procedure laid out, as far as I
understand it, the framers of this Charter wanted this individual, if he was
dismissed, to have an opportunity to come here and have a public hearing where
he gives his reasons why he should not be dismissed. After which time,
according to this, without any standards being enunciated other than the one I
mentioned already, that he is dismissed at the will of the Commission, we then
pass the final resolution of dismissal. Typically, by the way, none of that
happens. You do a lot of negotiations and avoid this public hearing which
some framer found would be a good idea so he could state his case why he
should not be dismissed. In any event, it is clear to me, and I think the
case is supported, and the City Attorney's investigations and research - not
this City Attorney, but other ones in the past - have concluded that there are
no standards. That it is our absolute discretion to hire and fire and dismiss
the City Manager. Now, that does not mean that we don't want to provide for
him some pension security. He does not have - I think now you do have vested
pension - but he has the minimal pension if he is dismissed. If all you had
wanted in any kind of provision was to supplement that in some way, and take a
minimal pension benefit, in your particular case, to a little bit higher level
of a mud parachute or a metal parachute or a silver parachute, I might have
been interested. I am particularly pleased that the Commission seems to be
headed in the direction of simply saying, you have our vote of confidence, the
Charter says we can evaluate that at any point. We have sort of generally
agreed here in the last 12 months that we should do this at least once a year
by whatever procedure we agree. And each Commissioner really has used his own
procedure. Some of done memoranda, some have done it in conjunction with this
hearing, some have done it at other times as I did ten months ago. But
whatever way that we at least once a year go through the evaluation. I am not
inclined to guarantee two years of your salary if you're dismissed. We can't
29 January 10, 1991
Is #
afford it. In addition to what the Charter says, Commissioner Dawkins is
entirely right, Commissioner De Yurre. We cannot afford it, because there may
be all kinds of reasons why we would have to change managers that have nothing
to do with malfeasance or misfeasance. They have to do with this Commission
wanting to direct the City in a particular way, and we wouldn't want to have
all the hassles of having to go through hearings and all of that and trying to
prove a standard of misconduct. And so, it would be proper for us to provide
for him to get supplementary pension benefits. I think, in effect, that
you're saying you're satisfied with the ones you've been receiving and that
you're now entitled to. You're not receiving them yet because you're still
with us. I'm satisfied that the message is there. I have a problem with the
salary. Now, if I vote for the vote of confidence, Mr. City Attorney,
obviously if we took it as a separate vote that would not involve the salary.
As of now, does he have a contract of compensation, as we used to call it, for
his salary?
Mr. Jorge Fernandez: No, he does not.
Mayor Suarez: He does not. So, he's just being paid at the sort of ongoing
will of the Commission to continue paying him the salary, and it's built into
our budget, I guess.
Mr. Fernandez: There is a resolution that was passed recently where his
salary was put at the level in which it presently is, and that was done by
resolution.
Mayor Suarez: And it's sort of an ongoing resolution with binding, continued
effect unless we repeal it.
Mr. Fernandez: That's right, that resolution fixes his salary at the level
which it is right now, and so that is his legal salary as per resolution.
Vice Mayor Plummer: Yes, but state for the record also, it was stated at that
time that he would not receive an increase until such an evaluation was done.
Mr. Fernandez: Correct.
Vice Mayor Plummer: Aha! OK, that's why he received no consideration either
way until an evaluation was done, and that's what we're doing today. So it
was asked for, no consideration in relation to the Manager until an evaluation
and that's what we're dealing with now.
Mayor Suarez: In any event, if your motion now modified excludes Section B -
is that my understanding?
{ Vice Mayor Plummer: Correct, sir.
Mayor Suarez: OK, it is now a motion of approval of a resolution of ongoing
employment of the City Manager and the salary as stated. Does it have a
—{ particular term of time, Mr. City Attorney?
Mr. Fernandez: No, it does not.
Vice Mayor Plummer: No, not with B being removed.
Mayor Suarez: I think, unless you want to split it into two votes, that I'll
vote favorably to it although I think everyone knows how I feel about salaries
of that range, and I know the standard of the cost of living has gone up and
so on, but it still seems like a high figure to me for this City to be paying
right now. And that is no reflection on the merits of our particular City
Manager. But I think I've taken a stand on that before, I've lost, and unless
any Commissioner wants to separate the two, we would take them as a single
motion and I will understand that it would be voted favorably by the majority
of this Commission even as to the amount.
Vice Mayor Plummer: Mr. Mayor, let me one state one last fact on the record.
You made the old refrain and it said that, "fool me once, fool me twice," I
want to bring to the attention of this Commission that which I quoted from in
187 was not the first time. That was the second. The first time was January
the 9th of 186, and the second time was in November the loth of '87. What I
do want to state very clear for the record, because the City Attorney should
call me down for not stating, this, in no way, shape, or form is a contract.
30 January 10, 1991
a
It is a resolution setting forth the compensation benefits and emoluments to
be received by the City Manager of the City of Miami. The City Manager, as
provided for in all other phases, is the one who through budget process, sets
all other salaries. We, the City Commission, retain to ourselves the right in
relation to the City Manager, the City Attorney and the City Clerk. But I
want to make it clear...
Mayor Suarez: And I'm sorry - you may as well, if you're going to reflect the
Charter - also add the department heads, although we do that in a collective
fashion.
Vice Mayor Plummer: OK, but I'm just stating this is not a contract. It is a
resolution setting forth compensation benefits and emoluments.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Since we are discussing this, I'm going to second it
for the purpose of discussion and I may vote against it, but I'm tired of us
discussing it and it's not a proper motion. So I second the motion. Now...
Mayor Suarez: Moved and seconded for discussion purpose, Commissioner
Dawkins.
Commissioner Dawkins: I still need for somebody to tell me what the total
amount of money that's being considered in this whatever terminology or
semantics one wants to use to discuss it - I mean, to name it. What is the
total amount of money that we are voting on?
Mayor Suarez: Do you want to try to answer that, Mr. City Attorney, so we
don't put the Manager on the spot about answering on his own contract, or his
own resolution.
Mr. Fernandez: The only item, the only figure that appears in this resolution
that you're considering, and it would be by way of confirmation, would be the
salary that he has been drawing since sometime last year. I believe it was
January of 1990.
Mayor Suarez: OK, let's do it this way, because you're heading in a very,
very long-winded direction here.
Commissioner Dawkins: That's right. What does the 10 percent employee
contribution... that's added to the one oh six, Mr. City Attorney, that's
what....
Mayor Suarez: Give us the compensation and the exact amount of the
compensation or the approximate amount of the compensation and then what would
be paid in case of a dismissal.
Vice Mayor Plummer: One fifty-five.
Mr. Fernandez: Are you asking from a pension perspective, what would his
pension pay him?
Mayor Suarez: What is the compensation, the yearly compensation, and what is
the amount he would be paid if he's dismissed and no longer compensated except
in a lump sum.
Mr. Fernandez: His annual salary is $106,000.
Mayor Suarez: Benefits estimated to be?
Vice Mayor Plummer: Mr. Mayor...
Mr. Fernandez: I don't know that.
Vice Mayor Plummer: Mr. Mayor, if I may, for Police and Fire the average
benefits package is 48 percent. The average package for general employees is
42 percent. That's the average. So, what you would...
Commissioner Dawkins: So 42 percent would be added.
Vice Mayor Plummer: That is correct.
31 January 10, 1991
Commissioner Dawkins: Forty two percent of 106 percent will be added to 106
percent - $106,000.
Vice Mayor Plummer: That is correct, sir.
Mayor Suarez: That brings it right up to $150,000 assuming that.
Commissioner Dawkins: That's all, $155,000. Say that, that's all.
Vice Mayor Plummer: Exactly, I think that what you're looking at, if you had
it refined down, would be between one -fifty and one fifty-five.
Commissioner Dawkins: That's all. That's all I asked for. OK.
Vice Mayor Plummer: Yes, sir.
Commissioner Dawkins: Now...
Mr. Fernandez: But then again, none of that is new. That has already been
happening, and that's what's in place.
Mayor Suarez: We didn't ask if it was new.
Commissioner Dawkins: We didn't ask if it was new, old, or past present. We
just asked you what was the amount, period.
Mayor Suarez: I happen to think the amount is wrong, but it's somewhere
between a hundred and six and a hundred and fifty, maybe a hundred and thirty
in his case, who knows? When you get a chance, Mr. Manager, would you give us
the breakdown of your benefits, please, in accordance with this package,
assuming it passes.
Mr. Odio: Fine, I tell you what I pay...
Commissioner Alonso: Is so difficult to find out?
Mr. Odio: My taxes are based...
Mayor Suarez: Yes, why is it difficult to find out? It should be very easy.
Mr. Odio: Commissioner asked me, Dawkins before. My taxes are based on
$120,000. That's what I...
Mayor Suarez: Yes, but that has to do with the IRS interpretation.
Mr. Odio: No, that's what I...
Mayor Suarez: Of what is compensation to you or not.
Mr. Odio: Besides the one...
Mayor Suarez: The common way of looking at it, is give us a value of the cost
to the City of your benefit package, insurance with contribution to your
pension benefit, if any, and I'm not sure there is any...
Vice Mayor Plummer: You don't pay taxes on your pension till you start
drawing it.
Mayor Suarez: ...and actual salary, all right?
Commissioner Dawkins: OK, now, under discussion. This is in effect until the
Manager is reevaluated in December. Is that a correct statement?
Vice Mayor Plummer: Yes, sir. That's the maker of the motion's intent.
Commissioner Dawkins: The seconder will accept that as the intent of the
motion. No further discussion, Mr. Mayor, as far as I'm concerned.
Mayor Suarez: Moved and seconded. Any further discussion? Any
Commissioners? If not, please call the roll.
32 January 10, 1991
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-19
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
SECTIONS 8 AND 9 OF RESOLUTION NO. 86-11, ADOPTED
JANUARY 9, 1986, AS AMENDED, THEREBY EXPRESSING THE
COMMISSION'S CONFIDENCE IN CITY MANAGER CESAR H. ODIO;
SETTING FORTH CERTAIN COMPENSATION BENEFITS AND
EMOLUMENTS TO BE RECEIVED BY CESAR H. ODIO AS CITY
MANAGER OF THE CITY OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
i
ABSENT: None.
Commissioner Dawkins: Mr. Mayor, I have a statement. Mr. Manager...
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: ...I am insulted by both the package I received from
you and the package I received from J.L. Plummer.
Vice Mayor Plummer: Oh, oh.
Commissioner Dawkins: In that I gave you some questions and asked you to
answer them. You sent me the answers which you had farmed out to your staff,
which is perfectly all right with me. But I received this package to review
and be able to digest and discuss intelligently this morning yesterday
afternoon in my office at 1:45 p.m. That's an insult. OK, now wait, no,
no...
Mr. Odio: Let me...
Commissioner Dawkins: No, I don't need no... I'm saying how I feel. I don't
need no... I don't need nothing else. I'm putting in the record how I feel.
OK?
Mr. Odio: Well, let me...
Commissioner Dawkins: Now, the response to these questions are general and
not specific. I requested generic information, and all in here, sir, it's
nothing, in my opinion, that's generic. And for Commissioner Plummer to send
me - and he is the one who's always complaining that he does not get stuff in
time to review it - to send me this package yesterday and tell me this morning
he hopes that I had time to digest it. He had to be kidding, and he's my
brother. OK?
Vice Mayor Plummer: Let me...
Commissioner Dawkins: When I finish.
Vice Mayor Plummer: Sure.
Commissioner De Yurre: Don't short circuit him.
Commissioner Dawkins: Yes, don't short circuit me.
Vice Mayor Plummer: I'm a plumber, not an electrician.
33
January 10, 1991
Commissioner Dawkins: From time to time, I'm going to tell you, I am
dissatisfied with the answers, but I have a whole year to put each section on
the agenda, section by section, and that which I was denied this morning, in
my opinion, an explanation where you and I could dialogue and understand where
we were headed, I'm going to have that between now and 1993. Thank you, Mr.
Mayor.
Mayor Suarez: OK, Commissioner. Vice Mayor Plummer.
Vice Mayor Plummer: So that my "Blues Brothers" does not find an insult
because I always operate and he does too, under the theory that says that
reasonable people can disagree, but they don't have to be disagreeable. My
"Blues Brother" had the same opportunity that I did to ask and seek that
information. I merely sent a copy of that to share with you. You had the
same opportunity to ask for the information as a Commissioner as I did. I did
the initiative to do such, and I shared it with you and as far as an insult, I
would never do that. Until such time as I had that, and I understood it, and
I agreed or disagreed with it is the reason that I did not forward that to
you. But, it's strictly my wanting to share with the Commission the
initiative that I took to get such a thing together. And, as such, that's why
you received it only yesterday.
8. SECOND READING ORDINANCE: AMEND CODE SECTION 2-302 (CONFLICTS OF
INTEREST) - AUTHORIZE APPEARANCES BY MEMBERS OF BOARDS, COMMISSIONS AND
AGENCIES OF THE CITY BEFORE THE CITY COMMISSION IN REPRESENTATION OF
THIRD PARTIES - CONTINUE PROHIBITION OF APPEARANCES BEFORE MEMBERS' OWN
BOARDS.
Mayor Suarez: OK. Item 3, second reading ordinance authorizing appearances
by members of boards, commissions and agencies of the City, representation of
third parties.
Vice Mayor Plummer: Mr. Mayor, may I ask a point of... there are people here
that want to speak to the Gerrits situation, and Mr. Gerrits himself had asked
to be notified approximately even though this is a pocket item of when it
would be coming up. Can I give Mr. Gerrits a call and tell him to be here at
11:30 a.m. that we could take it up before lunch? Is that possible, sir?
Mayor Suarez: We will certainly try for that.
Vice Mayor Plummer: All right, I will call Mr. Gerrits office now and ask him
to be here by 11:30 a.m. if possible, that we will definitely take it up
before lunch. It's a very simple resolution. Thank you, Mr. Mayor.
Mayor Suarez: Thank you. Item 3, then. I believe I heard a motion by
Commissioner Alonso.
Commissioner Alonso: Yes, I moved.
Mr. Fernandez: Hold that a second.
Vice Mayor Plummer: Item 3?
Mayor Suarez: OK. And I am also being flagged here that Father Barry is here
on item 44, which presumably has to do with the Overtown Task Force, and we
will get to you as quickly as possible, Father Barry.
Mayor Suarez: I'll second item three to get moving here.
Mayor Suarez: So moved and seconded. Any discussion? If not, read the
ordinance on item 3. Call the roll.
34 January 10, 1991
AN ORDINANCE -
AN ORDINANCE RELATING TO CONFLICTS OF INTEREST;
AMENDING THE CODE OF THE CITY OF MIAMI FLORIDA, AS
AMENDED, BY AMENDING SECTION 2-302 THEREOF TO
AUTHORIZE APPEARANCES BY MEMBERS OF BOARDS,
COMMISSIONS AND AGENCIES OF THE CITY BEFORE THE CITY
COMMISSION IN REPRESENTATION OF THIRD PARTIES;
CONTINUING PROHIBITION ON APPEARANCES BEFORE A
MEMBER'S OWN BOARD, COMMISSION OR AGENCY; CONTAINING A
REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of January 10, 1991,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Alonso, seconded by Vice Mayor Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10823.
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 FOR THE RECORD: At this point, Vice Mayor
Plummer announces that he will be absent between the
hours of 5:30-7:00 p.m.
9. ACCEPT THE OVERTOWN INDEPENDENT REVIEW PANEL'S FINAL REPORT CONCERNING
tf
1`
ECONOMIC ISSUES RELATIVE TO THE OVERTOWN CIVIL DISTURBANCE.
------------------------------------------------------------------------------
Mayor Suarez: Father, is your presentation... Father Barry, is your
presentation regarding the ad hoc task force? - or do we, or is it going to...
please, would you come up to the mike and let us hear from you?
Vice Mayor Plummer: Mr. Mayor, while Father Barry is coming up, I would
r:
announce publicly that there is a possibility that I might have to leave these
chambers between 5:30 and 7:00 this evening, if we are not finished hopefully,
by then.
Mayor Suarez: OK, we will do our best to accommodate, and if there are any
items that your staff... or that you have alerted your staff that you would
like us to not hear, once you're gone, please let us know. Let me say for the
benefit of those who are waiting on other items, the item before us as
}
indicated to me by the presence of Father Marquess Barry, deals with the
=_+
disturbances had in January of '89 in Overtown, and a committee that was
composed of citizens including Father Marquess Barry, not paid for their task,
and carrying out one of the most important duties that we could ask our
citizens to carry out, and that is why we are taking them out of turn. It is
a non -personal item, non- compensatory item for him, and of utmost importance
i
to the citizens of Miami if the upheaval that we had at that time was any
indication - which is the reason we take them out of turn. Father Barry.
35 January 10, 1991
Father Marquess Barry: I want to first, thank the Commission for agreeing to
receive this report... hear this report at this time. Further, I would like
to publicly thank you for giving me an opportunity to work with some of the
finest people in the City of Miami, and persons who are employed by the City
of Miami, especially the staff of Dr. Hattie Daniels, the director of Internal
Audits and Reviews, and her staff persons. Also, would like to thank Mr. Tony
Crapp who worked with us, and also Attorney Harold Long. I think all of you
have been given this report, the final report from the Overtown Independent
Review Panel. You have there on the beginning, the letter of transmittal, you
have the signatures of all of those persons who served on the committee. What
I would like to...
Mayor Suarez: Do you have any of the?... I believe you have some of the
members of the committee here, if so...
Father Barry: Yes, why don't I recognize them.
Mayor Suarez: ... would they be identified Father?
Father Barry: Reverend Willie Stark, Lieutenant Franklin Christmas, Leroy
Colyer, Dewey Knight, Jr., Officer David Magnusson, Elmira Brown, Officer
Daniel Sanchez, Sergeant Alphonso Erving, and Officer Herma Justice. These
are the persons who worked... Ohl and why don't we recognize Dr. Daniels and
staff. And we also had some people from the community, Mr. Donald Benjamin,
and also his sidekick, my buddy Ann Marie Adker, over there, Herbie Knight was
constant in the hearings as well.
Mayor Suarez: The board was composed of minority... a minority membership of
the board were police officers, right?
Father Barry: From the way it balled down to, I think we were equally
divided.
Mayor Suarez: Just equally divided?
Father Barry: Yes.
Mayor Suarez: All right.
j Father Barry: What I'd like to do, is call your attention to the report
beginning on page 45, the recommendations. This section deals with the
economic issues relative to the Overtown civil disturbance. We in our...
earlier, in the first section, dealt with the Police Department. That section
is still an ongoing and open book. One of the things that I had hoped that we
would have addressed in this issue concerning the Police Department, and we
really did not get around to it, was that, we felt that the reports that
should have been received through the City Manager concerning the areas of
responsibility, and implementation of those recommendations is slow in getting
that sort of information, and the other thing that greatly concerns me and
concerns some of the members of the panel was, the public service aides in the
City of Miami, they are non beings. They can be... they have no sick time, no
vacation time, they can be dismissed, and in spite of what the Police
Department says, there is no due process there. I know, because I tried to
intercede for a couple of persons who were dismissed, and I was jockeyed from
one officer to the other, and nothing was ever resolved. The people were
fired, they really didn't have any chance to explain themselves. I think what
we ought to do in that situation, is to look at the model for public service
aides in Metropolitan Dade County. I think it is fair and equitable, it is
not in the City of Miami Police Department. We still have some great
questions there. Now to turn it to the recommendations...
Mayor Suarez: You might add to that the fact that in the case of those that
do perform well, a lot of times we lose them at the end of their tenure as
public service aides. And one of the things we are trying to figure out is a
way to have that apprenticeship, if it is a good apprenticeship, then turn
into the ability for us to hire them without losing all that training that
goes into it.
Father Barry: Well, part of the problem is, you have personality conflicts as
it seemed... as I sat here and watched here earlier, seems to be the same
thing here. You know, you've got to put that stuff aside if we are going to
36 January 10, 1991
get anything done. We are concerned that the black sections of the City of
Miami, particularly the Overtown area, have really gotten the shaft from the
City of Miami. Millions and millions of dollars have been spent according to
those persons who are in charge of those funds, hopefully, for the
redevelopment and economic development of Overtown, but we have very little to
show for it. We do know that, or there seems to be anyway, a conscientious
effort to let Overtown die, as a neighborhood, as a community, and as a
neighborhood, and it is being done through economic isolation. Some great
figure was given us... what was it Mr. Bailey? - four hundred million dollars
$400,000,000? - one hundred million dollars ($100,000,000), or something like
that was spent in Overtown.
Commissioner Alonso: Yes.
Father Barry: We took a bus ride, and everybody in the City who spent that
hundred million dollars ought to be tarred and feathered, because there is
absolutely little or nothing that can be shown for that hundred million
dollars. We are still poor, we are still living in rat infested houses.
Monies that have been given through the City of Miami to developers to come in
and remodel these apartments, we end up with nothing but painted buildings,
bedrooms still nine by ten, nothing. And we expect to see some kind of change
in attitude, and what not. It's not going to work. The recommendations
specifically, I'd like to read them and you can stop me at any time... on page
46 of the report. The ORP (Overtown Review Panel) strongly recommends that
the housing strategy be developed by the City of Miami as part of a specific
and detailed development action plan. Overtown which addresses the need and
desire for affordable single family detached housing units in the area bounded
as follows: north, NW 23rd Street; south, NW 5th Street; east, Florida
Eastcoast Railroad; west, NW 7th Avenue. The suggested housing strategy
should also identify opportunities for the development of other forms of home
ownership, housing targeted to attract middle and upper income families. What
we have in Overtown now is no incentive to get upper and middle income black
families particularly, to move into Overtown, because of the kind of housing
that is being developed in the area. In addition, the strategy must emphasize
an aggressive effort to preserve, rehabilitate and develop housing which will
serve as a resource for the retention of Overtown's existing residents, as
well as those current residents who would otherwise be displaced as a result
of land acquisition activities related to redevelopment, and you can see the
finding... number one. Further, it is recommended that within ninety days the
City of Miami establish strict design and construction standards for the
rehabilitation of existing single and multifamily dwellings in Overtown. Such
standards should mandate the use of high quality construction materials, and
incorporate long term maintenance enhancing considerations into rehabilitation
projects, particularly those which are publicly financed, or otherwise
subsidized.
Mayor Suarez: Father, let me stop you at this point and ask you a question.
It has been... I'd like the Manager and the Chief to be attentative to this
line of questioning if you would, just for a second. It has been an effort
that was reflected in the composition of the Overtown panel to get police
officers, and other City employees, but police officers in a special way to be
given incentives to live in the inner-city and in our neighborhoods. I think
in the case of the Overtown panel, we couldn't identify a single police
officer in the City of Miami available for that duty that lived in Overtown.
Have you found that in this process... that in the process of displacement of
people in the Overtown/ParkWest project, and the other things that the City
has done in Overtown, that we have made enough of an effort to attract for
homeownership, or rental, middle income people, entry level income people,
City of Miami employees, police officers, and so on, back into Overtown? Have
you found a really proactive... do you have any specific recommendations on
how that could be done?...
Father Barry: Well, first of all...
Mayor Suarez: ... or do you think it is a hopeless task? I mean, I'd like to
think that people would consider that if we.... and Chief Anderson, and the
Manager, and I have been talking about incentives to... for example, to get
them to occupy Overtown/ParkWest because I gather the people living in
Overtown/ParkWest are not particularly integrated into the Overtown community.
Father Barry: That's right.
37 January 10, 1991
Mayor Suarez: I don't know that they are shopping in the Overtown food
facilities, or other stores, or getting their hair cut, or doing their laundry
there, and leaving their money in that community. They are buying and renting
in Overtown/ParkWest reasonably well, but I don't know that they are being
integrated, and that's... are we doing enough to try to bring people, and
create incentives to live in Overtown?
Father Barry: No. The kind of construction that is going on in the Overtown
area does not lend itself to having middle income, and upper middle income
people move there. When you talk about that massive construction going on
around the Arena, you know, I grew up in the government project, hell, if I
wanted to go back into living in a project. You know, I want a single family
home that's decent. I don't want to live in any condo. That's to me, is just
another form of being in a government condominium, the project.
Mayor Suarez: Well, I've been living in a single family home, I'm ready to go
back to a condo, but for other reasons you know, but I hear you.
Father Barry: No. Well, you know.
Mayor Suarez: The units actually, interestingly in Overtown/ParkWest what has
done the best has been so far the ones that are ownership. The townhouses,
it's interesting.
Father Barry: Exactly. We did suggest some time ago that the units on 8th
Street that are now going into total disrepair, I think that was done with...
what's her name?
Ms. Ann Marie Adker: Betty Walker.
Father Barry: Betty Walker. That perhaps those units could be taken over by
the City and put in good shape, and be used as an incentive with young police
officers, let them rent, and with the option of buying if they wanted to. The
average guy, a person come in on the police force, cannot put twenty thousand
dollars ($20,000) down on a house, but if they were given some incentive with
a decent place there, they might consider living in Overtown.
Commissioner Dawkins: Father Barry...
Mayor Suarez: Father... yes, Commission Dawkins, and then I want to ask the
Manager about that.
Commissioner Dawkins: That project is the County, and we the City have asked
the County to give it to us, and we would do just what you say do with it, but
VM the County will not give it to us although it's located within the City. And
we would love to do just what you said, but we can't get the County to
cooperate with us, Father Barry.
Father Barry: Well, part of the problem is, Commissioner, is that, and I
guess I don't really need to read all this stuff, is that this inter -local
agreement that was made between the City and the County, which really is no
agreement.
Commissioner Dawkins: Which one now?
Father Barry: Well, the one...
Commissioner Dawkins: See, we have... I'm asking Father, because we've got
five or six of them, see, and like you said, none of them means nothing.
Father Barry: Well, I agree with that.
Commissioner Dawkins: OK Father.
Father Barry: The one that we know about is the acquisition of property, and
development of the community.
Mr. Odio: Yes sir, we have an agreement in there to deal with the tax
increment monies.
Father Barry: That's right.
38 January 10, 1991
Mr. Odio: And we deal with Ernie Martin in the Community Development.
Father Barry: It's the Southeast Overtown/ParkWest interlocal agreement.
Mr. Odio: Right. That is correct, sir.
Mayor Suarez: Father, let me... since you brought the interlocal agreement,
and you brought to our attention the Betty Walker project, which I remember
has been kicking around here since 1985, when she first came to see me, when I
was elected and already was in trouble then, and as Commissioner Dawkins has
pointed out, that's a County supported project, although it's in the City, and
we've got a responsibility, too. As Vice Mayor Plummer just said, we can't
wait any longer, I think he means, in a different context than what I am about
to say, but when are we going to have those kinds of projects, like the Betty
Walker one, although that may be a County one, but the other CBO's, the other
community based organizations that are trying to get off the ground,
affordable housing, and improvement projects in Overtown to work with you Mr.
Manager, with the police chief, the other department heads, to make the kind
of housing that is in fact of interest to City employees, so we create that
incentive. Chief Anderson has indicated to me that yes, in fact, a twelve
month free housing proposal offered to police officers to locate in Overtown,
might very well have the impact, and may very, very well attract the customers
for it in... when are we going to get involved in making sure that these
projects go forward a little quicker, Mr. Manager? Are you going to be
attentive to that part of a report that talks about displacing people, and
help the Chief to carry out his job by having officers living in Overtown? I
mean, and I say officers, parks and recreation people, all City employees who
we are trying to with a whip, to make them live in the City, Commissioner
Dawkins' whip, we ought to try also the carrot. And you know, many memos have
gone back and forth, I think we finally got an opinion that could be done
legally from the City Attorney, we've got to try to do this and do it quickly.
Do we have your commitment to do that as a result of this report?
Commissioner Alonso: In Washington D.C., it has been done in the past in a
very successful way, and I think the only way we will be able to be successful
in Overtown, is if we would come with ideas like this. We cannot get people
to move when they don't have the quality of housing that they need...
Father Barry: Exactly.
Commissioner Alonso: ... and incentives that have to be put in place.
Mayor Suarez: For anyone in the City...
Commissioner Alonso: It's been long overdue.
Mayor Suarez: Right. For anyone in the City... by the way Mr. Manager, I
would recommend that any City employee who has not been in Overtown/ParkWest
be told that they ought to go over there and look at it, as a requirement of
further employment. I know everybody is going to say, the union is not going
to allow it. Suggest it to them emphatically. The other day we had a meeting
of the Downtown Development Authority, none other than the Downtown
Development Authority, the much maligned DDA, in Overtown/ParkWest, and it was
an eye opener.
Mr. Odio: Yes.
Mayor Suarez: When you are there, when you are inside one of those buildings,
they look awfully nice, it look like very, very nice dwelling units.
Mr. Odio: Are you aware, Mr... the Chamber of Commerce is going to have a
huge party in it.
Mayor Suarez: That will be a real eye opener to have the Chamber of Commerce
down there.
Mr. Odio: Yes, they are going to be there in a huge...
Commissioner Dawkins: I'd bet they don't eat over there.
Father Barry: But you know another part of that...
39 January 10, 1991
Mayor Suarez: Go ahead, Father, we interrupted your conclusions.
Father Barry: Another part of that is, if you're going to build a nice place,
like say the Betty Walker project on 8th Street, you do a disservice to that
project if you continue to fund the rehabbing of those kind of apartments like
across the street from it, because it's nothing but you know, just painting
over chicken coops. You've got 300 apartments in there that will have I don't
know how many hundreds of children, and you don't even have a playground. You
don't even have parking. So what are you doing? You are defeating your
purpose for development. And you know, part of the problem we had on the
panel was, with the community based organizations. We felt that the City has
not dealt fairly with the community based organizations, especially those
black organizations, because what the City did in fact was to give a little
bit of money for administration, but never really made any money available for
development. Point in case, New Washington Heights. You know, we've been
coming here for the longest trying to get something out of the City, and with
no success. I leaned that in one plan floating around the City, New
Washington Heights was even written out of the doggone thing, you know.
Vice Mayor Plummer: That happens to be true, but there is a reason for it,
Father.
Father Barry: Yes.
Vice Mayor Plummer: And the reason for it, is the time that the New
Washington Heights was basically written out was because the only way that,
that project could fly, was with a state grant, and they failed to get in the
legislative action that state grant. And the City felt that at that particular
time that without that state grant, the proposal which they had, the City was
wasting its money, that if in fact they didn't get the state grant, there was
no reason for their existence in this particular project. So yes, in fact,
they were almost written out at that time. We gave them enough money to keep
i them alive to the next session which they did get the grant. So you happen to
be right, but there was a reason for it.
Father Barry: But part of the problem we have too, is not necessarily the
Manager. It's his understudies you know, not the main actor. It's the
supporting cast in the City. You sit here and you pass resolution after
resolution. You give the directive to the Manager. But once it gets to the
understudies, to the supporting actors, they beat up the Manager, and they do
what the hell they want to do, and nothing happens in the City. You know it's
true, you know it's true.
Commissioner Dawkins: No, that's not... no. The Manager is held
responsible...
Father Barry: Ah.
Commissioner Dawkins: No, Father. The Manager is held responsible...
Father Barry: Ultimately he is held responsible...
Commissioner Dawkins: All right, and so... and if...
Father Barry: ... because he should be on the top of it.
Commissioner Dawkins: Now, thank you, OK.
Father Barry: And you know, but I am saying that the actions you take here...
Commissioner Dawkins: Are given to him.
Father Barry: ... are given to him.
Commissioner Dawkins: And it is his responsibility to carry them out.
Father Barry: It's his responsibility, but something gets lost as it falls
down the line.
Commissioner Dawkins: But you blame that on him.
40
January 10, 1991
Mr. Odio: I take responsibility, but as I list... as I read the report
Commissioners, and Mr. Mayor, and he made some valid points, and I think that
I have always had a problem the way we handle the CBO's, because I think we
need to strengthen the capacity for development.
Commissioner Dawkins: They, who?
Mr. Odio: The CBO's. But, you have to remember Father, that the development
part is the expensive part, and that's where we fall short because of lack of
resource. You know, you can come up with the best plans in the world and then
when you don't have the funds, but just to provide basic services in the City,
where do... if we identified that we need fifty million dollars
($50,000,000)...
i, Father Barry: If you can find a hundred million dollars ($100,000,000)
supposedly that have been spent in Overtown for redevelopment, and yet we have
very little to show for it, somebody needs to be brought you know, on the
carpet. We need to call somebody into accountability for those hundred
million dollars.
Mr. Odio: But you see, Father, if you take the... we get the community
development funds every year, and I think we talked about this before, you
take the twelve or thirteen million dollars and you spread them out in twenty
organizations, they get lost.
Father Barry: Well what you... see, that's it.
Mr. Odio: If we had it in one pool of money.
Vice Mayor Plummer: Yes, but let's speak to the other...
Commissioner Dawkins: Father, the whole problem is that you and us are not
together, OK? Now, we allow... see, now you're saying that the houses on this
side of the street, and we are doing the apartments on the other side. Those
with political connections went to Washington D.C., to a Republican
administration, came back with section eight, so whatever you needed, and they
picked the avenue of least resistance. Coming back to what you said, we are
so glad for nothing that we will take it. And we allowed them, we, and that's
us Father Barry, to come into our area with these section eights, and some of
them, the same ones that you are talking about, they will be collecting rent
for twenty years, Father Barry.
Father Barry: I know.
Commissioner Dawkins: And the stuff that we are living in is just like you
said, paint smeared over dirt. And the Manager, his underlings, and us are
responsible.
Vice Mayor Plummer: I think one of the...
Commissioner Dawkins: But the minute we sit up here, me, and say that we
don't need that, then the public say, oh, you can't look a gift horse in the
mouth, the federal government is giving us this, we can't turn it down. That
has been... that's only part of the problem now, I cannot sit here and say
that we aren't responsible Father, we, we can't blame the Manager, we can't
blame nobody, we have to blame the five of us up here.
Vice Mayor Plummer: Well, I think also what has to be said in particular in
Overtown, is the fact, that we were mislead. We, the entire community. And I
would venture to say that the hundred million that you speak of, that the
greatest portion of that was federal money in which we were promised Father,
and I think you might recall that the federal government was going to go in
and acquire the property which they did. And they moved people with a full
hope and promise that they were going to provide federal money to rebuild
Overtown after they acquired the property. Then suddenly, the bank went dry.
I saw on the corner of 5th Street, and I have used this example any number of
times, on the corner of 5th Street and 3rd Avenue, an apartment house I think,
that had eighty-two apartments, it was not a penthouse, but it was a good
substantial apartment house, and when the government acquired that property
and gave it to the City, they tore that apartment house down, and took away
housing and displaced people, with the full intent that there would be more
federal monies forthcoming to rebuild, and that's when the well...
41 January 10, 1991
Mayor Suarez: Which project were you talking about? - I'm sorry.
Vice Mayor Plummer: It wasn't a project, I don't know the name of it, but it
was on the corner of 3rd Avenue and 5th Street, Mr. Mayor. And they tore it
down, maybe Annie could tell me.
Mr. Herb Bailey: The OMBP project.
Vice Mayor Plummer: OK. Here was a good substantial housing, it wasn't a
penthouse by any luxury standards, but they went in there and tore that down
with the full intent and the promise to the people that we are going to
rebuild, and you will move back into Overtown. Then after they didn't even
acquire 100 percent of what they were going to acquire, they suddenly came and
said, the cupboard is bare, and we have no more money, we are sorry. And as I
said to the Manager, that is a place that we could be using to possibly draw
revenue, which some people have objections to, but all we have now are lots
that are growing weeds. They produce nothing, they produce no housing, they
produce no revenue, all we have is something off of the tax rolls, that
absolutely is a disgrace to this community. Yet, we have to take
responsibility because we were led down the primrose path like a lot of
people, that the federal government meant what they said. They were going to
acquire, and rebuild, the second phase never was funded.
Commissioner De Yurre: Let me ask this, how much land does the City own north
of 8th Street?
Mr. Bailey: North of 8th Street?
Vice Mayor Plummer: In ParkWest, or Overtown?
Commissioner De Yurre: North of 8th Street.
Commissioner Dawkins: J.L. is talking about east of the railroad track - the
west of the railroad track in Overtown.
Vice Mayor Plummer: Well, most of it was acquired from 5th to 8th.
Mr. Odio: We own most of the land...
Father Barry: That's all committed land.
Mr. Odio: ... next to... around the arena.
Father Barry: It's all committed to something, isn't it?
Mr. Odio: No.
Commissioner De Yurre: North of 8th Street.
Mr. Odio: North of 8th Street.
Mr. Bailey: We have just begun to assemble that, that's for the historic
village.
Commissioner De Yurre: What's the answer? - we don't own any land in
Overtown?
Commissioner De Yurre: We don't own any land in Overtown?
Mr. Odio: We are buying some in the historic village now, to create the
historic village, but...
Mr. Bailey: We own some north of 8th Street, and east of 2nd Avenue.
Mayor Suarez: Just come up to the mike, Herb.
Mr. Odio: Then we own the property in Wynwood, you know, if you go further
north, but...
Commissioner Dawkins: That's not Overtown. Wynwood is not Overtown.
42 January 10, 1991
Mr. Odio: ... up to 20th Street, we own very little property.
Mayor Suarez: The historic...
Commissioner De Yurre: What are the boundaries of Overtown as we know it?
Mr. Odio: They go to the I-395
Commissioner Dawkins: The railroad track which is the rapid transit...
Mr. Bailey: You want the boundaries of Overtown, or the Overtown project
area, Southeast/Overtown ParkWest? Because as we are...
Commissioner De Yurre: No, no. Not Southeast Overtown/ParkWest.
Mr. Bailey: Ohl
Commissioner De Yurre: I'm talking about black Overtown, if we've got to
describe it as something more particular.
Mr. Bailey: Frank, you want to give us something?
Father Barry: That's another problem.
Mayor Suarez: You gave the northern boundaries as 22nd Street, Father, when
you were talking about it, and obviously, Overtown/ParkWest goes how far Mr.
Manager? - so we could clarify for all of us where we have a missing link
here.
Mr. Odio: Overtown goes to Northwest 22nd Street, and then it comes back
down...
Mayor Suarez: I just said that.
Mr. Odio: Right. And then...
Mayor Suarez: Now, Southeast Overtown/ParkWest goes how far north?
Mr. Odio: I believe it goes to I-395.
Mayor Suarez: Please, don't tell me what you believe, tell me what it is.
Mr. Odio: I-395.
Mayor Suarez: It is defined in all kinds of City documents.
Mr. Odio: I-395.
Mayor Suarez: Which is roughly what street?
Commissioner De Yurre: Eleventh, around there?
Mr. Odio: Fourteen.
Mayor Suarez: Between thirteenth and fourteenth Street? All right, we've got
seven blocks that a lot of people want to do worthwhile things in that are not
part of the definition of Southeast Overtown/ParkWest.
Commissioner De Yurre: Now historic Overtown, what is that defined as?
Father Barry: It's not what he is talking about. The historic you know,
that's part of the problem, and what has happened over, and over again, is
that the boundaries of Overtown had been expanded time and time again to get
tax dollars supposedly for the redevelopment of Overtown, but everything else
gets redeveloped other than the historic Overtown.
Commissioner De Yurre: Which is?
Father Barry: Which was from 25th Street over to the railroad track.
Vice Mayor Plummer: No, 25th, you are up in the garment.
43 January 10, 1991
Father Barry: Hold it. We should have it in here.
Vice Mayor Plummer: It's less... you have it as 23rd, I think.
Father Barry: Huh?
Vice Mayor Plummer: I think you have it as 23rd.
Father Barry: We have it in here, you should have it there. The historic
Overtown should...
Vice Mayor Plummer: North is... historic or as related here. Northwest 23rd
Street is what you have in your report.
Father Barry: OK. Seventh Avenue?
Vice Mayor Plummer: That's correct.
Father Barry: Up to around 8th, right?
Vice Mayor Plummer: You show 5th Street as the south.
Father Barry: Fifth Street... yes, it would be 5th Street.
Mr. Odio: It is 5th Street from 7th Avenue to the railroad tracks.
Father Barry: That's the area that I am concerned about, not the areas that
had been tacked on to get federal dollars to do things for Overtown that we
have never benefited from. That's the area that continues to be ignored by
the City planners, and part of the reason for that is, that there is no
t`s comprehensive plan in the City of Miami for the redevelopment of Overtown.
E<
Commissioner De Yurre: Let me ask, we are talking about a hundred million
dollars ($100,000,000) and I just asked the question about how much the City
owns in land there, what has the money been spent on?
Vice Mayor Plummer: Acquisition.
Commissioner De Yurre: If it hasn't been on purchasing land?
Commissioner Dawkins: Speculators buying land, and we have to purchase it
back from the speculators.
Mr. Bailey: Let me first clear up the hundred million dollars ($100,000,000)
that we had discussed...
Commissioner De Yurre: I'm just using that figure, because I keep hearing it.
1
Mr. Bailey: Yes, that we discussed when we were at the Overtown Advisory
" Panel to make a presentation. We made a tabulation of all of the public
dollars that have been put in Overtown, including City, State, County, and
Federal governments since 1975. We excluded those redevelopment dollars that
are in the Southeast Overtown/ParkWest area, and only included those that were
in the NDP, and for a variety of other institutions that were funded through
€ the various sources, and it came up to close to a hundred million dollars
($100,000,000). And that's over a period of time from 1975 to 1985.
E Commissioner De Yurre: And what has that money been used for?
t Mr. Bailey: It's been used for... I have a whole laundry list of things here,
?t parks, and CBO's, and other economic development efforts. For instance, just
in CD dollars alone, we spent seven hundred and twenty thousand dollars
($720,000) for New Washington Heights, we spent almost that amount of money
i
for Overtown Economic Development CBO, and we have some institutional
development that was done, some scattered site housing, and some rehabbing,
it's a variety of things.
( Commissioner De Yurre: OK, how many over the last fifteen years, I guess, how
1 many additional units that are affordable, that are livable have we added to
the Overtown area?
44 January 10, 1991
Mr. Bailey: We have rehabbed seven hundred and ninety-six units in the
Overtown area, and that's total Overtown, that's rehab. There have been some
new units built, the most notable ones are the ones that the home and housing
could not sell, and just as a matter for the record, we have been dealing with
home and housing, we tried to get those units available, and we tried to help
them market those units, and that major complaint was that the reason that
people will not buy those units... first there were three reasons, those who
wanted to buy them, couldn't qualify for the mortgage, and those who could
qualify for the mortgage, didn't want to live there mainly because the
surrounding area looked so bad.
Commissioner De Yurre: Let me ask...
Mr. Bailey: So there are a variety of complexities involved in the things
that we are talking about here.
Commissioner De Yurre: Units between rehab and new units, how many units are
we talking about?
Mr. Bailey: Oh, well over... if you want to include the project area, the
Southeast Overtown project area, well, we are talking...
Commissioner De Yurre: No, that's not part of the hundred million, right?
Mr. Bailey: No, it's not.
Commissioner De Yurre: OK, so let's not include that.
Mr. Bailey: So, we are looking at seven hundred and ninety-six rehab units
alone, and probably another fifty new units that were built some time ago.
i,
Commissioner De Yurre: So it's eight hundred?
E.
Mr. Bailey: Roughly, yes.
Commissioner De Yurre: Around eight hundred, eight fifty.
Mr. Bailey: And I suggest to you...
Commissioner De Yurre: And that's for a hundred million dollars
($100,000,000)?
Mr. Bailey: Well, that's not just for housing...
Vice Mayor Plummer: No, no.
Mr. Bailey: We've done everything. We've done parks and recreation there,
we've done... if you want me to go through this list, it's two pages.
Commissioner De Yurre: Go right ahead, give us an idea.
?' Unidentified Speaker: Please don't.
Commissioner De Yurre: You've got it?
Mr. Bailey: He said, please don't. Well, I could give you this list,
Commissioner. I will make a copy of it and distribute it to everyone up there
in five minutes.
Commissioner De Yurre: Well, do you have it, or you don't?
Mr. Bailey: I have it, yes. It's several pages. I will copy it and give it
to every one.
Commissioner De Yurre: OK, but... because you know, my concern is you know,
you're talking about parks and recreation, what parks are we talking about in
that area?
Mr. Bailey: We have Dorsey Park, Gibson Park, Reeves Park, Williams Park,
that alone came to four point one million dollars ($4,100,000).
Commissioner De Yurre: Reeves?
45 January 10, 1991
,;
Mr. Bailey: Yes. And we have...
Commissioner De Yurre: Well tell me how much have we put into housing? - you
know, purchasing land, and...
Mr. Bailey: Eleven million dollars ($11,000,000) including public and
private.
Commissioner De Yurre: That's it, eleven million.
Mr. Bailey: That's in rehabbing alone, yes.
Commissioner De Yurre: OR.
Vice Mayor Plummer: What about acquisition?
Mr. Bailey: Acquisition?
Vice Mayor Plummer: Of property, how much has been spent there of the hundred
million?
Mr. Bailey: None of that went to acquisition of properties for the project
area, that was for various programs scattered throughout the Overtown
community that assisted CBO's, and other community organizations to do various
and sundry things.
Commissioner De Yurre: OR. So, we've got eleven million in housing, four
million plus whatever other millions you have for the other parks, figure
around twenty, twenty-five, you know, what is the other seventy-five in?
Mr. Bailey: Commissioner, I would appreciate it if I could just copy this
list and give it to you. It is lengthy and it is difficult.
Commissioner De Yurre: Well, you know, we are in the heat of the moment now,
you know, don't give it to me ten minutes later...
Mr. Bailey: OR. I will go through with...
Commissioner De Yurre: Just go right ahead.
Mr. Bailey: We did in business and commercial economic development in
Overtown, seven point eight million dollars ($7,800,000).
Commissioner De Yurre: What businesses?
Mr. Bailey: That was comprised of the Overtown Shopping Center, which was
four hundred and twenty-four thousand of CDBG funds, plus five million dollars
($5,000,000) which came from the Department of Commerce. We did Overtown
Economic Development Corporation, we did four hundred and five thousand
dollars ($405,000).
Commissioner Dawkins: To do what?
Mr. Bailey: We did St.John's LDC another...
Commissioner De Yurre: Yes, well, give us an idea what was being done with
these monies.
Commissioner Dawkins: What did the money go for?
Mr. Bailey: Well, see, when you... The Overtown Economic Development
Corporation was the CBO, and they were there to sort of monitor and provide
input from the community to the City on various economic development projects.
They also managed the Overtown Shopping Center in the early years which was
lost, and it was regained, and they are recipients, and we are recipients of
CDBG money as a CBO.
Commissioner De Yurre: Can we say it, and you know, maybe I shouldn't get
into this, but I think I have to. You know, it seems to me and I think Cesar
alluded to this a moment ago, we've got "X" number of CBOs out there which are
given "X" amount of dollars annually, do we have any annual review to show
46 January 10, 1991
I * w
what accomplishments they have made, and whether they deserve to be funded
again?
Mr. Bailey: They have been evaluated, yes.
Commissioner De Yurre: And who does the evaluating?
Mr. Bailey: Community Development as a requirement of HUD. For the monies,
we have to give an annual evaluation, that's on file.
Commissioner De Yurre: Who in the administration evaluates that?
Mr. Bailey: Frank... Community Development. Frank Castaneda.
Commissioner De Yurre: And Frank, you are satisfied, as a professional, that
these CBO's that are working in the City are doing their job? - every last one
of them?
` Mr. Castaneda: Some of them have problems, and we have identified those
problems here. On the positive side they deal with very difficult problems
with very little money, and the ability to administer some of the CBO's is
fairly limited. Under those conditions, most of them are trying to survive
and do the best possible work.
Commissioner De Yurre: How much money on the average they receive?
Mr. Castaneda: We give them a maximum of fifty thousand dollars ($50,000)
fifty thousand dollars ($50,000) that's what they all receive, and we keep
them hungry, and they have to go out and get other funding in order to
survive. That is one of the complaints of the Overtown Advisory Board, that
<` they are claiming that we should be giving them a lot more money.
Commissioner Dawkins: What do you ask that they do with the fifty thousand
dollars ($50,000)?
} Vice Mayor Plummer: Primarily, administrative.
Mr. Castaneda: We ask them to do commercial facade, we ask them to give
technical advice to the businesses, and we also ask them to try to undertake
one particular project. Most of them have a particular project that they have
been trying to undertake, some more successful than others.
Commissioner Dawkins: OK. What federal guidelines did HUD send down that
they had to operate under and spell out what they were to do? What do HUD say
they have to... what do whoever we got the money from say the CBO have to do?
Mr. Castaneda: Oh, HUD says that they have to produce, that they have...
Commissioner Dawkins: Produce what?
Mr. Castaneda: That they have to produce direct benefits to the low and
moderate income merchants of the area, or to the consumers in that particular
area.
Commissioner Dawkins: And getting back to Father Barry's theory... they are
supposed to do what now? - because I think I heard...
Mr. Castaneda: They have to benefit the merchants of the area, or the
consumers that buy from those merchants in the particular area.
Commissioner Dawkins: And to give a CBO fifty thousand dollars ($50,000) in
Overtown, they can do all of that?
Mr. Castaneda: In Overtown, we gave two fifty thousand dollars...
Commissioner Dawkins: Well, all right, hey, I have no problem with that.
Mr. Castaneda: No, no. I'm sorry...
Commissioner Dawkins: So, you give a hundred thousand dollars ($100,000) and
they are supposed to do all of that? - both of them to do all of that.
47 January 10, 1991
Mr. Castaneda: That is correct.
Commissioner Dawkins: OK. No problem.
Commissioner De Yurre: How much additional money they get besides the fifty
thousand?
Mr. Castaneda: It all depends on the community based organization. As I
said, we keep them hungry, and we try to get them to get other funding. Some
of them get money from the State, others get money from foundations.
Commissioner Dawkins: Wait, Frank, use another terminology. We don't keep
them hungry, OK? What we do is we have them... they have to go out and look
for other money.
Mr. Castaneda: That is correct.
Commissioner Dawkins: We underfund them so that they will have to go and find
other money.
Mr. Castaneda: That is correct.
Vice Mayor Plummer: It's called lean and mean.
Mayor Suarez: We induce them to find matching grants from other sources. We
don't try to keep them hungry.
Commissioner De Yurre: OK. Herb...
Mayor Suarez: Mr. San...
Commissioner De Yurre: Herb, can you continue with the list?
Mayor Suarez: Let me just see if I may, Commissioner, Fred, at the risk of
taking us from Overtown right into Wynwood, et cetera, what did you want to
(f say that was related to this?
Mr. Fred Santiago: Exactly this... on the same issue. You know, there is no
way that this Commission, or that the department can expect any of these
agencies, eight agencies of community development to work on a fifty thousand
($50,000) budget, it's impossible. You're making them spend ninety percent of
the time during their effective time looking for funding, instead of giving
them enough monies to be able to do the things they have to do. They need
monies... fifty thousand dollars ($50,000) provides them with office space,
electricity, one director, and a secretary, no monies for anything else, and
the only time they have got, they have got to spend their whole time seeking
other funds. Give them a hundred thousand dollars ($100,000), which is what I
recommended last year, to allow them enough money to operate.
Mayor Suarez: OK, we get the point. In the CDBG round, we possibly ought to
consider larger grants to less entities, but just keep in mind that when we do
that, one of the target areas is likely not to end up with any money, and then
we are going to hear from that particular target area, I think we have nine in
the City, I may be wrong - Nine is correct?
Mr. Castaneda: Eight target...
Mayor Suarez: Eight, we are down to eight, so. Ann Marie, real quickly on
that point.
Ms. Ann Marie Adker: Yes, sir. I am Ann Marie Adker, and I live at 407 NW
5th Street, and it has been my beef for many years that the fifty thousand
dollars ($50,000) may not be enough funding if the CBO is capable of doing
anything, but I remember in 1983 when New Washington Heights got two hundred
and six thousand dollars ($206,000) and it was done nothing. So, whether it
gets a whole lot of funding, it's the capabilities of the CBO, and I think
that, that should be looked in to. I don't think that CD does a very good
monitoring job. In the first place, they are supposed to give technical
advice to the CBO's to steer them, or direct them, in the way to go. I know
that when I was on Overtown Economic Development Corporation, we didn't get
that, but I don't know whether the fifty thousand dollars ($50,000), or two
hundred and six thousand dollars ($206,000) would have anything in the
capabilities in what we have in Overtown. Thank you.
48 January 10, 1991
Father Barry: Well part... you know, part of the classical problem that
blacks face in this City is not unique to Miami. Governmental agencies have
always set up rival organizations in the black community against others.
Overtown Economic Development Corporation was such a tool used by the power
structure to sort of wash out New Washington Heights. Now it's time for us to
put that kind of bull behind us, take an organization that has been there, has
weathered the storm and the criticism from all of these folks who claim that
it wasn't doing anything and let's do something to help that group go on and
help do some development. Another thing...
Vice Mayor Plummer: Father, you know, I can't sit here without bringing up a
little bit of history. Do you remember the hell this Commission caught
because we didn't give either one of them their funding until they could get
together, sit down and come united as one? We caught holy hell from the whole
community, because we said to them, we are not going to fund either one of you
until you come in here united together.
Father Barry: Well, you know, that was great...
Vice Mayor Plummer: And we tried.
Father Barry: But you know what happened as a result?
Vice Mayor Plummer: Nothing.
Father Barry: First of all, Overtown Economic Development Corporation was set
up to rival New Washington Heights, and it eventually became defunct, because
the books weren't right, you know that.
Vice Mayor Plummer: I'm well aware of that.
Father Barry: And what happened was, you had all of that animosity carried
over from that group towards New Washington Heights, and it is still alive
today, and I am saying to you as our elected officials, you should not
tolerate that kind of foolishness. That you should just turn that hearing aid
off, and let us go on and get something done with a group that has proven
itself. At least, we are still here, we are still honest, all of our audits
come out A-1. We should stop permitting people to sidetrack the issues here,
sidestep the issues. But let me finish this report with... on page 52, the
implementation, because this is I think, where the City Manager really has
to... as I said to him, grab the bull by his important parts...
Vice Mayor Plummer: Ohhhhhhh!
Father Barry: ... and let's get something done.
Vice Mayor Plummer: Intentionally, avoided the horns.
Father Barry: You know, you could interpret that any way you want, you know?
Vice Mayor Plummer: Intentionally, avoided the horns.
Father Barry: Anyway you want. We would like... the Overtown Independent
Review Panel is firmly convinced that the City of Miami must take immediate
and direct action toward the implementation of the recommendations contained
in this report, pages 45 through... top of 51. It is therefore recommended
that this report as was the other, be formally accepted by the City Commission
through the adoption of a resolution. The resolution accepting the report
should one, assign overall responsibility for the implementation of the
recommended actions to the City Manager, as it ought to be. And two, require
that at least every six months, the City Commission will have a scheduled, as
a formal agenda item, a report to the community on the status of the
implementation of the OIRP (Overtown Indepent Review Panel) final report, with
prior notice of such discussion provided to the members of the OIRP on an
ongoing basis. There were some people who were on the committee who felt that
something on the order of OIRP, should be an ongoing thing for the City of
Miami. I told them I would not be interested in serving in such a capacity,
but there were those who felt that such committee is terribly important. Top
of page 53, with the overall responsibility of these recommendations assigned
to the City Manager, it is further recommended that the specific departmental
responsibility be assigned as followed, and we have a breakdown there with the
49 January 10, 1991
Fy
U-
time schedule of how we would like to see
as was done in the other report, if the
responsibility. This is terribly important,
these recommendations carried out,
Manager recalls, areas assigning
terribly important.
Vice Mayor Plummer: Father, I understand that you don't want to serve, but I
think that it is very important that we do have a revamping every six months,
and I think we should not only hear from the administration, but this same
panel who did the basic footwork, I think we should hear from them. Then this
Commission can sit back and take an analysis of what's really being
accomplished. The administration, I am not casting stones, but the
administration is no way going to reflect to us of looking bad. And I think
that somewhere in between, maybe lies honesty, and I think maybe a continuing
monitoring by this panel, or a panel other than this one that wants to be so
designated, or has the opportunity to serve, would definitely serve its
purpose.
Father Barry: If there aren't any questions, I am sure you had a chance to
read this, especially since it was released before... it was supposed to have
been released, I would ask that someone move a resolution to adopt the
recommendations as are outlined in this report, and assigning the points of
responsibility to those persons as is outlined on page 53.
Vice Mayor Plummer: I would so move with the one exception that there be a
continuing monitoring group as far as the direction of the City Manager to
assign that is within his prerogative, but I think the rest of the
recommendations have very good merit, and I would hope that members of that
committee, even if it's just a portion of them, some don't feel that they can
serve, would continue to serve, and continue to monitor and on every biannual
basis, make their report to this Commission as to what they feel what progress
has been made. I would accept and move at that particular point.
Mayor Suarez: So moved.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? Before we vote, let me ask you one
procedural question, and then propose one additional procedure. The
procedural question is, do you anticipate anymore meetings of the entire panel
at this point?
Father Barry: We might get together and have a little bit of Remy Martins
later, I don't know.
Commissioner Dawkins: I'll be there.
Vice Mayor Plummer: You'll provide it, what do you mean.
Mayor Suarez: It sound like the serious part of the deliberations are over,
as far as the committee is concerned. In which case, that leads me to my
second point, and that is that I personally, and I have a feeling probably
this Commission, all of the members of the Commission would like to hear from
any individual members of the panel that feel that, and I'm going to propose
in a private way, Father, that feel that by giving us direct input, any
members of this Commission, you could tell us some things that you might not
want to tell us in public, or that might require a lot of time, or that might
be particularly attuned to concerns expressed by any member of this
Commission, and hereby make that invitation to the members that are here, and
if you convey it to the others, the... any person from my staff can take the
call and schedule a meeting. I would like to give you as much time as any of
you might want to give me individual input, and Mr. Butler who is here right
now can take your phone call, or you could arrange it right now, if you would
like at my office. Because I think that there are probably individual
concerns, suggestions, critiques, and so on that some of you might want to
make in private, and I certainly would like to hear from any of you that would
like to give us further input. The collective document is eminently
worthwhile and useful to us, and we are going to adopt it, I think, but
sometimes, on a person -to -person basis, you can get some other things said
that may or may not be the kind of things you say here publicly, and with
Miami Herald reporters, et cetera hanging around. All right, we have a motion
and a second. Any discussion? If not, please call the roll.
50 January 10, 1991
i► F
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-20
A RESOLUTION ADOPTING THE FINAL REPORT OF THE OVERTOWN
INDEPENDENT REVIEW PANEL IN REGARD TO FINDINGS AND
RECOMMENDATIONS CONCERNING ECONOMIC ISSUES RELATIVE TO
THE OVERTOWN CIVIL DISTURBANCE AND REFERRING SAID
REPORT TO THE CITY MANAGER FOR HIS IMPLEMENTATION;
PROVIDING FOR THE OVERTOWN INDEPENDENT REVIEW PANEL TO
CONTINUE TO SERVE IN A MONITORING AND ADVISORY
CAPACITY TO THE CITY MANAGER AND COMMISSION REGARDING
SAID REPORT; FURTHER DIRECTING THE CITY MANAGER TO
REPORT TO THE CITY COMMISSION ON THE IMPLEMENTATION OF
THOSE RECOMMENDATIONS EACH SIX MONTHS FOR A PERIOD OF
ONE YEAR.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins.
COMMENTS MADE AFTER ROLL CALL:
1 Mayor Suarez: And believe us Father, when we say that some of these
recommendations are going to take an incredible amount of effort, incredible
amount of cutting through the red tape that you alluded to very elegantly, as
somehow certain instructions not filtering down, and we will need your
_ community support to get those done, and we thank you in any event for making
all of these recommendations, and the implementation is going to be a trick,
obviously.
Father Barry: Yes. Thank you so much.
Mayor Suarez: Thank you.
Commissioner De Yurre: Thank you.
Father Barry: And again, thank you for the opportunity to...working with us,
a fine group of people, and you ought to be proud of the Internal Audit and
Reviews Department of this City, finest and most competent group of people I
have met.
Mayor Suarez: You've y got one other member of the panel here, I believe that
wasn't here when you first introduced the panel.
Father Barry: Attorney Long? - He is a good fellow.
Mayor Suarez: Officer, we introduced the panel members and you weren't here
officer, so we'd like to get your name on the record, and we want to thank
you, officially.
Lt. Frank Christmas: Oh, my name is Lieutenant Frank Christmas.
Mayor Suarez: Lieutenant, thank you for your work on this panel.
Lt. Christmas: You're quite welcome.
Father Barry: Harold Long, who was the independent council for this panel.
Mayor Suarez: Counselor, thank you for your work. All right.
51 January 10, 1991
I�
IVY
Father Barry: Again, thank you.
Mayor Suarez: Thank you, Father.
10. AUTHORIZE EXECUTION OF AGREEMENT WITH EDWARD J. GERRITS, INC., GENERAL
CONTRACTORS, FOR A CITY LOAN TO ASSIST IN CONSTRUCTION OF NEW CORPORATE
FACILITY (TO REPLACE ONE BURNED DOWN DURING WYNWOOD CIVIL DISTURBANCE).
Vice Mayor Plummer: Mr. Mayor, is Pat Gerrits going to be here? Pat is not
going to be here? - the one I got to argue with all the time. Mr. Mayor, I
took on the responsibility as requested by this Commission, as a request to
try and do what we could to assist the Gerrits firm to stay within the
community, and to rebuild, and to be a part of that community as they had for
so long a period of time. I want to thank the people of Community Development
who spent untold amount of hours, people on my staff who did likewise, the
Gerrits people, and the administration. We had hoped to be able to do more
than what I will be able to recommend to you this morning, but everywhere we
turn, we hit stumbling blocks out of Jacksonville for what was grants of money
that could be made available. The bottom line, and the Gerrits have agreed to
accept, is that... Frank, would you pass that out please? I'll give it to you
in a nutshell.
Mayor Suarez: The reference to Jacksonville being to the HUD office in
Jacksonville?
Vice Mayor Plummer: Correct, sir.
Mayor Suarez: The Housing and Urban Development Department.
Vice Mayor Plummer: For example, we tried to get monies of the float of five
hundred thousand dollars ($500,000) as well as five hundred thousand dollars
($500,000) for Community Development. They would not accept and would...
actually rejected the two sources being for the same project. So we basically
came down to this scenario that said that either the float for a two year
period of time with a possible additional two years, with a forty-eight hour
call, or that which we are recommending here this morning. And that
recommendation is a five hundred thousand dollar ($500,000) loan for seventeen
years, the administration has recommended 3 percent, but I am going to
recommend to this Commission, that if in fact we really are honest and
sincere, that that... we have the flexibility to reduce that to one percent.
So it is my recommendation to you after all of the untold hours that we have
spent, the recommendation before you would be modified only in one provision,
that it would be a five hundred thousand dollar ($500,000) loan for seventeen
years, at one percent.
Commissioner De Yurre: And this can be called at anytime?
Vice Mayor Plummer: No, sir. That was on the float. This is an actual...
Mr. Odio: It is not a float, this is an actual loan.
Vice Mayor Plummer: This is not float, this is an actual loan.
Commissioner De Yurre: OK, now, what was the loss on the property?
e Vice Mayor Plummer: That you can argue about, but it was in excess of two
million dollars ($2,000,000) when you take into consideration everything, the
building, the computers, the total operation, there are figures that show
anywhere between a million and -a -half and two million dollars.
Commissioner De Yurre: What was the insurance providing on this?
Vice Mayor Plummer: The insurance that they had covered was five hundred
thousand dollars ($500,000), which would net out after all deductions to about
a hundred and thirty-eight thousand dollars ($138,000).
Commissioner De Yurre: The building was paid for?
52 January 10, 1991
Vice Mayor Plummer: No. There was a mortgage on the building, and that is
deducted from the insurance proceeds.
Commissioner De Yurre: Now, but was that with a private lender, or is that
a?...
Vice Mayor Plummer: That was with a private lender, of course.
Commissioner De Yurre: That didn't require the full insurable value of the
property to be put in place?
Vice Mayor Plummer: I can't answer that Victor, I did not go into the actual
mortgage itself. All I was concerned about was the net proceeds from the
insurance which was to give every indication to us in our audit of a hundred
and thirty-eight thousand dollars ($138,000).
Commissioner Dawkins: You know, J.L. and Victor, if my house were to burn
down now, and I am paying the same amount of insurance I paid when I built the
house in '63, I could not replace my house for the insurance.
Vice Mayor Plummer: That's why the laws have changed.
Commissioner Dawkins: That's right. And they will not insure my house for
the total amount it would take to replace it. So it would be impossible for
them, the Gerrits, to recoup a hundred percent of the building because the
insurance company just doesn't do that.
Vice Mayor Plummer: Maximum of eighty percent. Under the new law you no
longer...
Commissioner De Yurre: OK. But right now, we are looking at what? - ten
percent.
Vice Mayor Plummer: But under the new law now, every year your premium goes
up automatically by eight percent as... I'm sorry, your assessment goes up
eight percent automatically every year. I say once again to my Commission,
you sent me forth to do a task in good faith, to try and help as well as well
as we could. After exploring every, I mean every avenue that there was, the
potential, this is with the recommendation of Community Development, the
administration, and the only deviation that I am personally recommending to my
Commission is in fact, to change that which we have the latitude from three
percent to one. Five hundred thousand dollars ($500,000) seventeen years, and
my recommendation of one percent.
Commissioner De Yurre: That money will be given in what function, in what
form that will ensure that they will remain there?
Mr. Frank Castaneda: It will be a loan, it will be a mortgage, a first
position mortgage, and there will be a personal guaranty from the Gerrits.
Commissioner De Yurre: By what time do they have to rebuild.
Mr. Mike Gerrits: Wait, let me get this straight. It's a corporate guaranty,
not a personal guaranty?
Vice Mayor Plummer: Corporate, yes.
Mr. Castaneda: Corporate guaranty.
Vice Mayor Plummer: See, that was one of the problems that we had. They are
a Chapter S and as such, that was a problem, and that was where the forty-
eight hour call came into play that could not be actually given, so that was
the reason. This will be in the form of a loan, and my understanding as far
as the payment is concerned, the monies are available.
Commissioner De Yurre: What I need to understand is, what is the value, what
is going to be built there? What is the projected value?
Vice Mayor Plummer: Fourteen thousand five hundred square feet, and that his
cost which in fact as a contractor, he feels can be built at about fifty-two
dollars ($52.00) a square foot, plus the replacement of the computers will
53 January 10, 1991
t=
come right into the neighborhood of two million dollars ($2,000,000). He will
of course, have to go conventional for the remaining portion of the monies.
Mr. Castaneda: That's correct.
Commissioner De Yurre: Fourteen thousand square feet.
Vice Mayor Plummer: Fourteen five is what is proposed, now I...
Mr. Gerrits: It is conventional and equity.
Vice Mayor Plummer: OK.
Mr. Gerrits: Yes. And then in addition to that recognize the other hits that
we have taken. The relocation, the temporary facilities we are in, where we
spent already over forty -thousand dollars ($40,000).
Vice Mayor Plummer: Well Mike, I don't think that comes into play here.
Mr. Gerrits: I understand, J.L. but...
Vice Mayor Plummer: The monies that we are worried about, as far as my City
is concerned, is number one, that the monies are made available.
Mr. Gerrits: That's right.
Vice Mayor Plummer: How you spend them is your particular problem. How we
get our return back in the seventeen years, I think is what is the basic
concern of this Commission. I think with the history of the Gerrits
Corporation, and the Gerrits family, knowing that we are not dealing with
strangers, we are dealing with first class people, I don't think that there is
any question as to the ability and the good faith that will be shown by this
organization.
Commissioner De Yurre: The questions that I have, that I want to have it
clear, first of all, we are talking about restructuring right at the same
location?
Mr. Gerrits: Same piece of land.
Mr. Castaneda: That's correct.
Commissioner De Yurre: Same piece of land.
Mr. Gerrits: The same piece of land that we own today.
Vice Mayor Plummer: Correct.
Commissioner De Yurre: And that is... we are going to have a first
position...
Mr. Castaneda: First position.
Commissioner De Yurre: ... on the property? It's going to be worth a lot
more than the five hundred thousand that we are putting in.
Mr. Castaneda: That's correct. The soft cost is ninety thousand dollars
($90,000) according to their budget. Hard cost will be six hundred and fifty
thousand dollars ($650,000). The land is worth three hundred and fifty
thousand ($350,000), so we are up to a million there. In addition to that,
they will be buying furniture and fixtures in the amount of a hundred and
twenty-five thousand dollars ($125,000) and equipment two hundred and fifty
thousand dollars ($250,000) which brings you to $1.4 million dollars.
Commissioner De Yurre: Now, the property is owned by the corporation that is
going to be borrowing the money?
Vice Mayor Plummer: Free and clear.
Mr. Gerrits: That's right.
54 January 10, 1991
01 #
Mr. Castaneda: That is correct. There are no mortgages right now on the
property.
Vice Mayor Plummer: Victor, let me give you one other thing that's not
written in here, and I am...
Commissioner. De Yurre: It's free and clear, is what you're saying?
Mr. Castaneda: That is correct.
Commissioner De Yurre: The property.
Vice Mayor Plummer: Yes. Let me give you one other that's not written in
here, and I don't know why it is not, is that they would proffer collateral of
one hundred and ten percent. It was not stated what that collateral would be,
but they would personally make sure, this is not a personal guaranty, but a
guaranty to this City that they would give collateral equal to a hundred and
ten percent of the loan.
Commissioner De Yurre: Well, they are mortgaging their property which is
worth a lot more.
Vice Mayor Plummer: Yes.
Commissioner De Yurre: So, that's not a problem.
Mr. Jim Keavney: May I say something? My name is Jim Keavney of... Chief
Financial Officer Edward J. Gerrits, Inc. I think when we talked about the
it
one million five loan at that time was a two year loan, at that time we said
we would be willing to put up a hundred and ten percent collateral. That time
also...
Commissioner De Yurre: You can bring up the mike.
Mr. Keavney: At that time also, I think we indicated that we would like to
put up the building and the property as part of that collateral...
Vice Mayor Plummer: Right.
Mr. Keavney: ... which would come up to about a million dollars ($1,000,000)
and we would have to somehow come up with...
Vice Mayor Plummer: Well, that's all we are asking.
Mr. Keavney: Right. But now on this scenario now, we are now down to five
hundred thousand ($500,000). I think we put in writing and we discussed that
we would give a corporate guaranty.
Vice Mayor Plummer: First position is the same as the collateral.
Commissioner De Yurre: No, I'm talking about mortgaging the property, having
a first mortgage on the property for the first five hundred thousand dollars
($500,000).
Mr. Castaneda: Definitely.
Mr. Keavney: No, I think the last we talked, and it's in writing, that we
would give a corporate guaranty on the five hundred thousand dollars
($500,000). I don't think it was discussed at that time of putting the
property up as collateral.
Commissioner De Yurre: Well I think that we have to.
Commissioner Alonso: We have to.
Mr. Keavney: In fact, well in fact, it was told to us, that they wouldn't
accept the property as collateral.
Vice Mayor Plummer: No, no, no. We would not accept the property as
collateral at the price which you had determined. We would have accepted the
property as collateral as to an appraisal. But that's not the question now.
That was a question back when we were talking about a loan of one and -a —half
million dollars.
55 January 10, 1991
Mayor Suarez: Also, there may have been a question of the property as
collateral with nothing else, with no corporate guaranties or anything else,
but you always get the property as collateral.
Mr. Keavney: No. We were willing to put up a hundred and ten percent
collateral for the million five, we were willing to do that, and we came down
to the five hundred thousand. At that time, we were told that they would not
accept the land and the property as collateral, they want a different
collateral. Right now, with the five hundred thousand dollars ($500,000) we
are going to have to go out and borrow quite a bit of money, and would like to
be able to put up that building and land as collateral for additional monies.
Commissioner Dawkins: And now, you know...
Commissioner Alonso: So, are you... excuse me.
Commissioner Dawkins: I mean, I don't follow where we are going If we are
going to loan them a half of million dollars, and they are talking.... and
they are going to put up a billion... building valued at two million dollars
($2,000,000). What bank is going to loan them 1.5 million dollars when we are
in the first position with a half a million dollars? I mean, I don't see that
happening.
Commissioner De Yurre: Well, they can get a second mortgage, not for a
million and -a -half.
Mr. Keavney: No, they won't accept the second mortgage. Truly, we have lost
an awful lot of money on this, more than the eye can tell right now, and there
is no way by just taking five hundred thousand dollars ($500,000) can we go
out and get additional financing to go back into that area and put up a
building.
Commissioner De Yurre: What I'd like to see is some real estate guaranteeing
this, it maybe doesn't have to be that one, but I am sure the company owns a
lot of property they can put up for collateral.
Mr. Keavney: Yes, but we also, of course, being a general contractor, I mean,
with the bonds that we...
Vice Mayor Plummer: Well let me ask this question, because you are bringing
up something new.
Commissioner De Yurre: Yes.
Vice Mayor Plummer: What position would the City be in as a second
mortgage? - because remember, we are talking about a total of seven lots which
are not built lots, then you will only be using out of the seven, how many to
rebuild?
Mr. Keavney: Three, and the rest will be parking.
Vice Mayor Plummer: All right, so you have the other four?
Mr. Keavney: Which will be...
Vice Mayor Plummer: And they are also free and clear.
Mr. Keavney: It's all free and clear, yes.
Li Vice Mayor Plummer: OK. I think what this City is looking for, is some kind
of comfort that we will get our money back. Now, I like what Pat said to me
that, hey, if things go right, we will pay it off in three, four, five years,
- and that's fine, but that's not what we have to be about here, and that is the
4
protection of the taxpayers money.
Mr. Keavney: I understand that.
Vice Mayor Plummer: There is no question in my mind that a five hundred
thousand dollars ($500,000) loan, if we take the additional properties on a
second mortgage, that we will not be guaranteed that we will be repaid. There
is no question in my mind. I think this Commission has to realize, and I
56 January 10, 1991
don't want to... you know, it's bandied around, Gerrits Construction Company
has millions of dollars of constructions going on at the present time, and one
of the big items is the Trauma Center, which is very important to all of us.
Their problem is very simple. They have an outstanding line of credit from
the bank presently, of about two and -a -half million dollars. They could be in
jeopardy on the call of that two and -a -half million dollars if they don't get
something into position quickly, and that's why we have tried to move as
quickly as possible to allow them to know what this City said when we made
them a promise that we were going to help, so that they know what else they
can do to get back into the operation.
Commissioner Alonso: Yes, but... excuse me, Commissioner, something that we
have to get cleared today, because we have received several versions here now.
In the one hand, we have been told that it is a hundred and ten percent
guaranty.
Vice Mayor Plummer: Corporate.
Commissioner Alonso: It has been mentioned that we were going to have a
mortgage over the property, and then as I have heard, this gentleman, that's
not so. I'd like to know what kind of guaranty are we going to get on this
loan that we are going to get the money back, and something concrete. We've
been talking about something that I don't think they are willing to give us at
this time, because they will have to go to the bank and get "X" amount of
dollars to rebuild the property and so on.
Vice Mayor Plummer: Up and above.
Commissioner Alonso: We have to be certain, and if they have several lots,
perhaps we can get the mortgage over a portion of the property. Is it tied
together, or individual lots7
Mr. Keavney: They are all tied together, Commissioner.
Commissioner Alonso: In one piece of land?
Mr. Keavney: Contiguous piece of land.
Vice Mayor Plummer: No. But they are not of unity of title.
Commissioner Alonso: Are they?
Mr. Keavney: No, individual, we own it individually.
Vice Mayor Plummer: They are individual lots.
Commissioner Alonso: If they are individual, then we can get the mortgage
over, say, lot 1 and 2, and then the rest you will be able to get the mortgage
from the bank, something to that effect, that will satisfy the City of Miami
that we have some sort of guaranty over this law.
Mr. Keavney: Yes. Commissioner, there have been very many scenarios since
day one, and nobody is trying to back away from any one of them, but in the
very beginning you know, when we were talking about a million and -a -half
dollars, of course, we had no problem at all putting up the land and the
collateral, and even you know, putting up more for a hundred and ten percent
collateral position to satisfy the City. When it's now back down to five...
Commissioner Dawkins: You know, let me see if I can't bring this to closure.
You know, we sit up here, and for projects, which in my opinion only now, are
less worthy than this project, and we throw money to it, and yet, we pick
certain projects to take it through the wringer and find everything that we
can do to prolong it and agonize it. Now I can, if you want me to, this
afternoon, I can bring you ten projects that are less worthy than this that we
have given five hundred thousand dollars ($500,000) and didn't question it.
So if you are going to do this, let's do it with self-respect and get it done,
if we are not going to do it, let's tell them to hell with it, you'll get out
of here, we are not going to do it.
Commissioner Alonso: For me, I'd like to know what we are doing exactly, and
what kind of guaranty the City of Miami is going to have. And I'd like one
answer so that I can make my decision whether I will vote with it, or not.
57 January 10, 1991
®E
Mayor Suarez: Yes, a nice simple answer to the question.
Commissioner Alonso: But I have to know for the citizens of Miami, how we are
going to get the money back, and I trust these people, and i know they are
responsible individuals, and we are trying to help, and at least for me, I'd
like to help them, but it's important for this Commission to know exactly what
kind of guaranty, if any, we are going to have.
Mr. Keavney: Right. Commissioner...
Commissioner Alonso: And if not, when we vote we have to know, we have no
guaranties, just a word. But it's important for us.
Mayor Suarez: And guaranties in that context please, staff, everybody...
Vice Mayor Plummer: Mr. Mayor...
Mayor Suarez: ... means security...
Commissioner Dawkins: ... (INAUDIBLE COMMENT)...
Mayor Suarez: ... please, security, collateral, guaranties, corporate,
personal, all of the above, we want to know what assurances, let's use that
word, we have of been paid back.
Commissioner Alonso: Exactly.
Mayor Suarez: That is all.
Vice Mayor Plummer: Corporate. Corporate guaranty.
Mr. Castaneda: Commissioners, the deal that we had negotiated before this,
was that we were going to have a first mortgage, and corporate guaranties.
The deal is being changed on the floor right now...
Mayor Suarez: OK, to?...
Mr. Castaneda: ... and that is the discussion.
Commissioner Dawkins: Explain it to her.
Mayor Suarez: To?...
Vice Mayor Plummer: Corporate guaranty.
Mr. Keavney: Excuse me, Frank, excuse me.
Commissioner Dawkins: Wait, please.
Mr. Keavney: Sorry.
Mayor Suarez: To what? In your interpretation, and then we will ask them.
To what?
Mr. Castaneda: In my interpretation he wants the City to have a second
position.
Mayor Suarez: Still a mortgage.
Mr. Castaneda: A mortgage above "X," and permit a mortgage of "X" amount of
money which I have not heard.
Mayor Suarez: Still a corporate guaranty.
Vice Mayor Plummer: Yes.
Mr. Castaneda: I would assume so.
y y y g y, not by some other
k, Mayor Suarez: B the entit that is receiving the money,
entity, presumably.
58 January 10, 1991
Mr. Castaneda: That is correct.
Vice Mayor Plummer: Correct.
Mayor Suarez: All right. How do you differ from that explanation7
Vice Mayor Plummer: They don't.
Mayor Suarez: He is saying it actually becomes a second mortgage.
Commissioner Dawkins: I mean, are you clear this far?...
Mayor Suarez: Yes.
Commissioner Dawkins: See, I agree with her, all we need to know is how
you're going to get the money back.
Mayor Suarez: Right. What- assurances do we have?
Commissioner Alonso: Sure.
Commissioner Dawkins: Just come out and tell us, that's all.
Mr. Keavney: We haven't stepped back at all, as I was trying to say before,
with the million and -a -half dollars to put up the building that...
Commissioner Dawkins: Well it's not a million a half, it's a half a million.
Let's discuss a half a million.
Mr. Keavney: I'd say... OK. When it came down to a half of a million
dollars, we have to go out and get more... additional financing, which is
going to require a first on the building.
Vice Mayor Plummer: Can I simplify it7
Mayor Suarez: How do you disagree with the way he just stated it? A second
mortgage on the property and a corporate guaranty.
Vice Mayor Plummer: They don't.
Commissioner De Yurre: Let me understand this here for a second. The problem
is, as I gather it is, that they would have had enough money had it been a
million and a half, and they wouldn't have to go out and look, seek additional
monies, but because it is only five hundred thousand, they see themselves
forced to go out and get additional funding.
Vice Mayor Plummer: Well, they can reb...
Mayor Suarez: Now the fact that we are first position, it's going to create a
problem as far as getting the rest of the money that they need, which is fine.
We are going... so the bottom line is, they are saying corporate guaranty.
J.L. is saying, and Miller is saying, that is -ten, Gerrits Institution, or
community, they stand by their word, you've got nothing to worry about, they
are going to be there, right?
Vice Mayor Plummer; Second mortgage, and corporate guaranties. That's it.
Mr. Keavney: Fine. That's what I was trying to get at.
Commissioner De Yurre: OK. Now, if there is no...
Mayor Suarez: All right, is that an adequate, correct explanation of the
situation, or not?
Commissioner Alonso: Mr. Mayor.
Mayor Suarez: Are you going to disagree with the...
Commissioner De Yurre: Mr. Mayor, but I've got one problem.
Mayor Suarez; Wait, wait, wait, please, Commissioners. Do you now agree with
the way he stated it? - as second mortgage and a corporate guaranty?
59 January 10, 1991
Mr. Keavney: We said we will give a corporate guaranty, and yes, we can give
a second mortgage on the building.
Mayor Suarez: Thank you. Commissioner De Yurre.
Commissioner Alonso: I have a question.
Mayor Suarez: And then Commissioner Alonso.
Commissioner De Yurre: OK. Now to what point is... are we going to be in a
second position? We can't put ourselves out totally of a second position.
Mr. Castaneda: Right. There has to be a limit.
Commissioner De Yurre: You know, like what is going to be... we have to put a
limit as to how much the first mortgage is going to be, right?
Commissioner Alonso: Exactly. What's going to be in the first position.
Mr. Keavney: The first position will probably be about three hundred and
fifty, three hundred and sixty thousand.
Commissioner De Yurre: OK. Well let's say five hundred.
Mayor Suarez: OK. What will be a fair limit to put on it so that you would
be able to work within that?
Mr. Keavney: I'd appreciate four hundred thousand dollars ($400,000).
Commissioner De Yurre: That's fine.
Mayor Suarez: All right, we can set the ceiling on a first mortgage of four
hundred thousand dollars ($400,000). There we go.
Commissioner Alonso: Exactly, fine.
Vice Mayor Plummer: Fine.
Commissioner De Yurre: That's it.
Mayor Suarez: Everybody in agreement?
Commissioner Alonso: Yes.
Commissioner Dawkins: That's right.
Commissioner De Yurre: OK.
Mayor Suarez: I'll entertain it in a form of a motion.
Commissioner De Yurre: Moved.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Second.
Mr. Fernandez: Mr. Mayor,
just a point
of clarification
for the record,
before you vote.
.f;
Mayor Suarez: Yes.
Mr. Fernandez: The item...
the legislation
that was distributed to you was an
older version of the most recent
one. The
most recent one,
and the one that
you will in fact be passing
right now, will
contain language
that says, "in a
form acceptable to the City
Attorney." We
have not yet had
an opportunity to
review documents...
Mayor Suarez: I am sure you will have to review it, and approve it as to
form.
60 January 10, 1991
4
Commissioner Dawkins: All right, we'll give you until 2:30 p.m. to get that
done. Bring it back at 2:30 p.m. so that we can move on it.
Mr. Fernandez: That will not be feasible, Commissioner Dawkins.
Commissioner Dawkins: Why not?
Mr. Fernandez: Because first, none of the documents have been drawn, we have
not looked at opinions of titles, and in a complex real estate transaction
like this...
Mayor Suarez: Yes, it will be in a form acceptable to you, but don't try to
mess with the essential terms.
Mr. Fernandez: No, no, no. The essential terms are clear. But I want to
make sure that the Commission understands that other terms have not been
talked about. You talked about a seventeen year term, are these to be paid on
a monthly basis, is there a balloon to be considered?
Mayor Suarez: I presume that has been discussed, the payment...
Mr. Fernandez: Has it?
Mr. Castaneda: Monthly basis.
Mayor Suarez: Right.
Mr. Fernandez: All righty.
Mayor Suarez: OK.
Commissioner De Yurre: Final question, Mr. Mayor.
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: With respect... the whole concept is, so that we can
get this thing rebuilt where it's at. What if for reasons and powers beyond
what can be dealt with, it doesn't get built, when is the money going to be
given, when do we get our money back?
Mr. Castaneda: The money will be released as construction occurs.
Mr. Odio: On a draw basis.
Mr. Castaneda: On a draw basis.
Commissioner De Yurre: OK, as the development...
Mr. Castaneda: In the same ratio as...
Mr. Odio: I said, draw.
Commissioner De Yurre: OK, fine.
Mr. Fred Fernandez: The money is going to be disbursed in the same proportion
or the ratio between the bank, the equity that... or contribution from the
developer and the City.
Commissioner De Yurre: OK, fine.
Mr. F. Fernandez: In the same proportion.
Commissioner De Yurre: Great. Well, I made my motion.
Commissioner Dawkins: What's your motion?
Mr. Castaneda: And the interest is?
Commissioner De Yurre: Three percent...
Vice Mayor Plummer: One.
61 January 10, 1991
Mr. Gerrits: One percent.
Commissioner De Yurre: Knocked down to one? - I thought it was three?
Vice Mayor Plummer: I am recommending one. And I say that, because that is
the interest rate that the float would be given at, we were unable to get
that, and I think one percent, if we are honest, and we are sincere that we
really want to do something, three is the legal limit, we have the power to
reduce it, and I have recommended, one.
Commissioner De Yurre: Let's go with two. Split. Let's go with two.
Mr. Gerrits: Commissioner, you're auctioning my money.
Commissioner De Yurre: No, it's our money.
Mr. Gerrits: I'm begging you for money.
Vice Mayor Plummer: How sincere... the question is how sincere are you? I am
going to hold to one, I think it's fair.
Commissioner Alonso: We are sincere, two is very good.
i
Vice Mayor Plummer: I think it's...
Commissioner Alonso: And three is better than two.
Mayor Suarez: Yes, two is...
Commissioner Alonso: Believe me, one, two, or three are excellent terms, so
let's not argue with that.
Commissioner Dawkins: One point... one and -a -half is great to me, I'll give
them.
Commissioner De Yurre: You know, if we're talking about sincerity, it's an
issue to want to talk. You know, one...
Mayor Suarez: All right, final motion, if somebody wants to modify the motion
on that particular term, please do so as a substitute motion, and we'll vote
on it. That's procedurally the only way to get out of this.
Vice Mayor Plummer: Wait a minute. What is the substitute motion?
Commissioner De Yurre: I haven't gotten a second yet on mine, so.
Commissioner Alonso: Yes, I did.
Mayor Suarez: All right, he is proposing, two percent.
Commissioner Dawkins: And J.L. proposed, one.
Vice Mayor Plummer: And I proposed one in the original.
Mayor Suarez: All right, is somebody seconding the substitute motion of two
percent?
Commissioner Alonso: Yes.
Mayor Suarez: OK, it is now seconded at two percent.
Commissioner Dawkins: I offer a substitute motion, one point five.
Mayor Suarez: All right. Does anybody second the second substitute motion of
one point five?
Vice Mayor Plummer: I offer a substitute motion at a half of percent.
Mayor Suarez: Does anyone second a half of a percent? - substitute to the
substitute to the substitute.
62 January 10, 1994
Commissioner De Yurre: I'll make another motion, ten percent - we start going
the other way.
Mayor Suarez: All right, in view of the fact that there is no seconding of
any of the substitute motions, we have one motion on the floor at two percent,
moved and properly seconded.
Vice Mayor Plummer: How about... wait a minute. How about this substitute
offered by the Manager at the minimum allowable by law?
Mr. Odio: By HUD.
Commissioner De Yurre: Which is?
Commissioner Dawkins: One percent.
Commissioner Alonso: It's one percent.
Mr. Odio: In this case, it could be three. That's what by...
Mayor Suarez: Well, Mr. Manager, if what you are saying is, at two percent,
or the minimum allowed by law.
Mr. Odio: That's what I am saying.
Mayor Suarez: If it happens to be higher, that doesn't even have to be put
into the doggone motion, that is already understood...
Mr. Odio: Mr. Mayor.
Mayor Suarez: ... but we will clarify it by adding it to the motion, Mr.
Manger. You have not contributed to the negotiations that are taking here,
you've only added a legal...
Mr. Odio: That's right.
Mayor Suarez: ... modification that has to be built in. Obviously, if the
li law only allows three percent, it will have to be three percent.
1f Mr. Odio: That's why I waited on him....
j' Mayor Suarez: Otherwise, we have a motion and a second the discussion of
ial which you have added absolutely nothing. At two percent, do we have any
further discussion?
is
Vice Mayor Plummer: I still hold for one.
Mayor Suarez: But you are not proper at this point, at one percent.
Commissioner De Yurre: Call the roll.
Mayor Suarez: It's at two percent, which happens to be how I am going to
vote.
Commissioner Dawkins: Call the roll.
1
i'
N4 63 January 10, 1991
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-21
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH EDWARD J. GERRITS, INC., GENERAL
CONTRACTORS, TO PROVIDE A LOAN IN THE AMOUNT OF
$500,000 AT TWO PERCENT (2%) INTEREST RATE FOR A
PERIOD OF SEVENTEEN (17) YEARS TO BE SECURED BY A
SECOND MORTGAGE ON THE PROPERTY DESCRIBED IN THE
AGREEMENT AND BY CORPORATE GUARANTEE OF EDWARD J.
GERRITS, INC., AND LIMITING ANY FIRST MORTGAGE ON SAID
PROPERTY TO A MAXIMUM AMOUNT OF $400,000, WITH ALL
DISBURSEMENTS TO BE MADE IN THE FORM OF DRAWS AS THE
FUNDS BECOME NECESSARY FOR A NEW CORPORATE FACILITY IN
THE CITY OF MIAMI TO REPLACE THE COMPANY BUILDING
DESTROYED IN THE WYNWOOD CIVIL DISTURBANCE OF DECEMBER
16, 1990, AND TO THEREBY HELP RETAIN THIS PROMINENT
BUSINESS IN THE WYNWOOD NEIGBORHOOD OF THE CITY, WITH
FUNDS THEREFOR ALLOCATED FROM THE TARGET AREA MINI-
UDAG LOAN POOL FUNDS OF THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
ABSENT: None.
Mayor Suarez: All right, we are adjourned until 2:00 p.m. Please
Commissioners, let's be back tight at two, so we can get everything done,
because he has got to leave at 5:30 p.m. Thank you.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:05 P.M. AND RECONVENED AT 2:14 P.M. WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT.
NOTE FOR THE RECORD: At this point, Minutes of
Regular Commission meetings of October 18 and November
8, 1990, and Planning & Zoning meeting of October 25,
1990 were approved unanimously.
11. AUTHORIZE SUBMITTAL OF APPLICATION TO U.S. DEPARTMENT OF INTERIOR
NATIONAL PARK SERVICE - FOR GRANT FUNDING FOR IMPROVEMENTS TO DORSEY
PARK (CIP 331357) UNDER URBAN PARK AND RECREATION RECOVERY PROGRAM
($250,000), WITH LOCAL MATCH ($50,000) TO REVITALIZE OVERTOWN
NEIGHBORHOOD COMMUNITY.
Mayor Suarez: Let's try to go through the internal items as quickly as we
possibly can. We are on item 4, I believe, Mr. Manager.
Commissioner De Yurre: Yes, Mr. Mayor, I have a resolution here that the
administration needs to pass.
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: Resolution concerning the City of Miami's application
to the U.S. Department of Interior National Park Service for a grant funding
for capital improvements to Dorsey Park, under the Urban Park and Recreation
Recovery program, authorizing the City Manager to submit said application and
requesting funds in the amount of two hundred and fifty thousand dollars
($250,000) with a local match of fifty thousand dollars ($50,000) allocating
funds for the said match from the existing capital improvement project
entitled Dorsey Park Renovations, project number 331357. Further supporting
said application and project as part of the comprehensive local efforts to
revitalize the Overtown neighborhood community, I so move.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-22
k
A RESOLUTION CONCERNING THE CITY OF MIAMI'S
APPLICATION TO THE U.S. DEPARTMENT OF INTERIOR
NATIONAL PARK SERVICE FOR GRANT FUNDING FOR CAPITAL
IMPROVEMENTS TO DORSEY PARK UNDER THE URBAN PARK AND
RECREATION RECOVERY PROGRAM (UPARR), AUTHORIZING THE
CITY MANAGER TO SUBMIT SAID APPLICATION REQUESTING
FUNDS IN THE AMOUNT OF $250,000 WITH A LOCAL MATCH OF
$50,000, ALLOCATING FUNDS FOR SAID MATCH FROM THE
EXISTING CAPITAL IMPROVEMENT PROJECT ENTITLED "DORSEY
PARK RENOVATIONS" PROJECT NO. 331357; FURTHER
SUPPORTING SAID APPLICATION AND PROJECT AS PART OF
COMPREHENSIVE LOCAL EFFORTS TO REVITALIZE THE OVERTOWN
NEIGHBORHOOD COMMUNITY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
$ Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
? i
e
NOES: None.
ABSENT: None.
i
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65
January 10, 1991
•
0
12. SECOND READING ORDINANCE: REPEAL CODE CHAPTER 19 (FIRE PROTECTION) -
CREATE NEW CHAPTER 19 - ADOPT PROVISIONS OF SOUTH FLORIDA FIRE
PREVENTION CODE CONTAINING REGULATORY MEASURES, INCLUDING PERMITS AND
BUILDING PLANS, INSPECTIONS, REGULATION OF EXPLOSIVES, DEMOLITION AND
FIREWORKS, SPECIAL OFF -DUTY SERVICES, etc.
------------------------------------------------------------------------------
Mayor Suarez: Item 4.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved. I have a little note here that Commissioner Alonso may
have some concerns, she wants to take a couple of minutes to take a look at.
Mr. Odio: This is the...
Mayor Suarez: Amendments to the Fire Protection Code of the City.
Commissioner Alonso: No, no, no. I met with them, and I resolved some of the
problems. Some of the people who have called my office that they were having
problems, like six unit apartments, and so, it was a mistake, it was
clarified, so I have no objections, and I guess I have met with them and
discussed in detail, so I have no objections.
Mayor Suarez: We understand that as a second. Moved and second. Any
discussion? If not, please read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE WITH ATTACHMENT(S), REPEALING, IN ITS
ENTIRETY, CHAPTER 19, ENTITLED "FIRE PROTECTION", OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
AND CREATING IN PLACE THEREOF A NEW CHAPTER 19,
ENTITLED "FIRE PROTECTION" TO BE ADMINISTERED BY THE
FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT;
ADOPTING THE PROVISIONS OF THE SOUTH FLORIDA FIRE
PREVENTION CODE AS MAY BE AMENDED FROM TIME TO TIME
AND THE ALL OF ITS TECHNICAL REFERENCES WHICH PROVIDES
DEFINITIONS AND STANDARDS FOR FIRE PREVENTION AND
SAFETY; SAID NEW CHAPTER CONTAINING REGULATORY
MEASURES, RELATED BUT NOT LIMITED TO: PERMITS AND
BUILDING PLANS; INSPECTION OF FIRE SUPPRESSION
SYSTEMS, PLACES OF ASSEMBLY, OBSTRUCTION TO EGRESS,
FLAMMABLE AND COMBUSTIBLE LIQUIDS; REGULATION OF
EXPLOSIVES, DEMOLITION, FIREWORKS; PROVISION OF
SPECIAL OFF -DUTY FIRE -RESCUE SERVICES; PROHIBITED
ACTIVITY IN CONNECTION WITH TAMPERING OF SAID
DEPARTMENT'S SEALS, LOCKS, OR WARNING TABS, AND
PROHIBITED CONDUCT REGARDING FIRE ALARM REPORTS;
INVESTIGATIONS BY SAID DEPARTMENT INTO FIRES DEEMED TO
BE OF SUSPICIOUS NATURE AND MAINTENANCE OF RECORDS OF
SAID DEPARTMENT'S ACTIVITIES; STRICT JOINT AND SEVERAL
LIABILITY FOR ALL PERSONS CONTRIBUTING TO VIOLATIONS
OF SAID CHAPTER OR THE SOUTH FLORIDA FIRE PREVENTION
CODE OR ITS TECHNICAL REFERENCES, ENFORCEMENT, SEARCH
WARRANTS, INSPECTIONS, WARRANTS, INDEPENDENT AND
CUMULATIVE REMEDIES AND PENALTIES FOR VIOLATIONS OF
ANY OF THE ABOVE; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 6, 1990,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor 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:
66 January 10, 1991
# 0
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10824.
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.
13. SECOND READING ORDINANCE: AMEND 10689 - INCREASE APPROPRIATION FOR
SPECIAL REVENUE FUND: DADE COUNTY EMS (EMERGENCY MEDICAL SERVICES)
GRANT AWARD (FY 189).
Mayor Suarez: Item 5, Accepting monies from the State.
Vice Mayor Plummer: Always. My pleasure. Move it.
Mayor Suarez: Always. Moved. Seconded. Any discussion? If not, please
read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10689, ADOPTED JANUARY 11, 1990, BY INCREASING THE
APPROPRIATION FOR THE SPECIAL REVENUE FUND ENTITLED:
"DADE COUNTY EMS GRANT AWARD (FY'89)11, IN THE AMOUNT
OF $160,046; SAID INCREASE CONSISTING OF A $156,046
GRANT FOR FY'90 APPORTIONED BY METROPOLITAN DADE
COUNTY FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH
AND REHABILITATIVE SERVICES UNDER THE "FLORIDA
EMERGENCY MEDICAL SERVICES GRANT PROGRAM FOR COUNTIES"
AND $4,000 IN ANTICIPATED INTEREST EARNINGS; AND
FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE
AFOREMENTIONED GRANT AWARD AND ENTER INTO THE
NECESSARY CONTRACT AND/OR AGREEMENT WITH THE FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
AND/OR METROPOLITAN DADE COUNTY IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
!' Passed on its first reading by title at the meeting of December 6, 1990,
was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Plummer, seconded by Commissioner Dawkins, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10825.
L 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.
67 January 10, 1991
14. SECOND READING ORDINANCE: AMEND 10782 - REDUCE APPROPRIATIONS FOR
BAYFRONT PARK REDEVELOPMENT - LIGHT TOWER (CIP 331230) - INCREASE
APPROPRIATIONS FOR: (a) BAYFRONT PARK REDEVELOPMENT - PEPPER FOUNTAIN
(CIP 331306), AND (b) BAYFRONT PARK REDEVELOPMENT - SOUTH END AND CHOPIN
PLAZA COURT (CIP 331305).
Mayor Suarez: Item 7.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion on item 7? If not, please read the
ordinance.
Commissioner Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Mr. Manager, under 13, you've got a hundred and forty-
two thousand dollars ($142,000) from the Sunshine State Bond Pool, and two
hundred and thirteen thousand from the Sunshine...
Vice Mayor Plummer: Under 13?
Commissioner Dawkins: ... and then, I mean, yes two, I don't know whether
that's two point, two hundred and fifty, two hundred and twenty-five thousand,
or two hundred and twenty-five...
Vice Mayor Plummer: Miller, what 13 are you talking about?
Commissioner Alonso: Regular agenda?
Commissioner Dawkins: Page 3 of the back up, J.L.
Vice Mayor Plummer: Oh, not agenda item? OK. Go ahead.
Commissioner Dawkins: That's OK, I get with the Manager on this. Thank you.
Mr. Odio: OK.
Mayor Suarez: OK. Read the ordinance, please, if you haven't already.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD, BY TITLE ONLY.
Mayor Suarez: Any former City Attorneys who may be in attendance here want to
meet with our current City Attorney some time, and help him practice reading
the ordinance a little quicker.
Vice Mayor Plummer: Hell, the former was no faster, I mean.
Mr. Odio: Lucia.
Mr. George Knox: I was fast now, I got the speed record.
Vice Mayor Plummer: Half fast.
Mayor Suarez: Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10782, ADOPTED SEPTEMBER 27, 1990, AS AMENDED, THE
CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY
REDUCING APPROPRIATIONS TO THE PROJECT ENTITLED
"BAYFRONT PARK REDEVELOPMENT - LIGHT TOWER", CIP
PROJECT NO. 331230, IN THE AMOUNT OF $10,000, AND BY
INCREASING APPROPRIATIONS TO THE PROJECT ENTITLED
"BAYFRONT PARK REDEVELOPMENT - PEPPER FOUNTAIN",
PROJECT NO. 331306, IN THE SAME AMOUNT OF $10,000; AND
BY INCREASING APPROPRIATIONS TO THE PROJECT ENTITLED
"BAYFRONT PARK REDEVELOPMENT - SOUTH END AND CHOPIN
PLAZA COURT", CIP PROJECT NO. 331305, IN THE AMOUNT OF
$225,222.75, FROM U.S. CORPS OF ENGINEERS; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 6, 1990,
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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10826.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: Although, I've got to say that he has got rhythm when he does
it, you know, it's little slow, but certain...
Vice Mayor Plummer: No comment.
15. FIRST READING ORDINANCE: AMEND 6145 CONCERNING ESTABLISHED FEES FOR
BUILDING, PLUMBING, ELECTRICAL, MECHANICAL, INSPECTION, PERMIT AND
CERTIFICATE FEES - ADD NON-REFUNDABLE FEE FOR ONGOING UPDATING OF
CONTRACTOR DOCUMENTATION STATUS.
Mayor Suarez: Item 8.
Vice Mayor Plummer: Move it.
Commissioner Alonso: I will second, but I have a question.
Mayor Suarez: Moved and seconded. Commission Alonso.
Commissioner Alonso: Yes. The list that is going to be prepared as a result
of these charges to the contractors, how much will it cost the public?
ks
Mr. Sergio Rodriguez: It will cost, the cost of the xeroxing of it.
Vice Mayor Plummer: The cost of...
Commissioner Alonso: Which approximately is?
Mr. Rodriguez: I couldn't tell you how many pages it will be.
i
69 January 10, 1991
Commissioner Alonso: And is it?...
Mr. Rodriguez: Because we cannot charge for the copying of it, more than what
it cost us to produce.
Commissioner Alonso: It says, it's going to be available for homeowners
associations and the general public.
Mr. Rodriguez: Right.
Commissioner Alonso: OK, and you have no idea how expensive it's going to be.
Mr. Rodriguez: I don't know how many page it will be, but we will charge, I
believe we have been told by the Law Department that we can charge fifteen
cents per page, so how many pages we have in the print-out, that's what we
will charge.
Commissioner Alonso: OK. What I am trying to make you aware is that this is
not going to be something terribly expensive for the public, if indeed you
think that this is going to be of any use to the people, or are we trying to
just place another fee?
Mr. Rodriguez: No. Remember that what we are doing here is, we have to do
this anyhow, and it is costing us money to prepare it.
Commissioner Alonso: You are doing it now?
Mr. Rodriguez: Yes, we are doing...
Commissioner Alonso: Is it available now?
Mr. Rodriguez: No, we have it on... the system that have, we have a shoe box
in which we have all the cards. I'm serious, we have a card of all the people
which are certified. Anytime we have an information, we have to go through
that alphabetical and find out information.
Commissioner Alonso: You don't have it in a computer?
Mr. Rodriguez: No.
Commissioner Alonso: You have it in a shoe box.
Mr. Rodriguez: Yes.
Commissioner Alonso: I see. I'm amazed, because we buy so many computers in
the City of Miami, I don't know why it's not in one of our great computers.
Mr. Rodriguez: Well, we are buying the list from the County now, the list
will be updated periodically, like quarterly...
Commissioner Alonso: Do they have those in a shoe box?
Mr. Rodriguez: No, they have it in computers.
Commissioner Alonso: Oh.
Mr. Rodriguez: And that's what we are getting with the new system that we are
supposed to be getting in the next few months there.
Commissioner Alonso: OK, fine.
Mr. Rodriguez: But again...
Vice Mayor Plummer: Twenty-four billion bites of memory in the last computers
I've bought, and you are operating out of a shoe box.
Mr. Rodriguez: The list will be available within the next three months.
Commissioner Dawkins: J.L. Plummer, and on top of all the computer money we
spent.
Vice Mayor Plummer: Amazing!
January 10, 1991
10
Commissioner Alonso: Tomorrow morning, I am going to see the shoe box.
Mayor Suarez: The "C" word.
Commissioner De Yurre: You know, J.L., remind me to tell you a joke about the
shoe box later.
Vice Mayor Plummer: Just amazing!
Mr. Rodriguez: But anyhow, the list will be available. Anybody that want to
go to the office and check on the list, you know, it will be available there
for the public to check.
Vice Mayor Plummer: I wouldn't go look at that shoe box for all the tea in
China.
Commissioner Alonso: I will.
Mr. Rodriguez: Well. If the shoe fits...
Mayor Suarez: The old "C" word came into the discussion, computers.
Commissioner Alonso: Yes.
Mayor Suarez: All right, do we have a motion and a second? Have we read the
ordinance? Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE NO. 6145,
ADOPTED MARCH 19, 1958, AS AMENDED, WHICH ESTABLISHED
FEES FOR BUILDING, PLUMBING, ELECTRICAL, MECHANICAL
(INCLUDING BOILER AND ELEVATOR) INSPECTION, PERMIT AND
CERTIFICATE FEES, BY ADDING A NON-REFUNDABLE ANNUAL
FEE FOR ONGOING UPDATING OF CONTRACTORS DOCUMENTATION
STATUS WITH THE BUILDING AND ZONING DEPARTMENT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Vice Mayor Plummer and seconded by Commissioner Alonso
and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
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.
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: Yes, provided I see the shoe box.
Vice Mayor Plummer: I don't want to see the shoe box, but I vote yes.
71 January 10, 1991
16. FIRST READING ORDINANCE: CLARIFY CODE CONCERNING EXPENSES TO BE BORNE
BY APPLICANT REQUESTING STREET CODESIGNATION - CORRECT SCRIVENER'S ERROR
IN SECTION 54-90 - AMEND 54-90, 54-92 AND 54-93 - REPEAL 54-94.
Mayor Suarez: Item 10, shoe box or no shoe box.
Mr. Odio: This is to clarify the code in regard to the expenses and fees to
be borne by the applicant requesting a street codesignation.
Mayor Suarez: I though we had all of that in the code, but if we didn't,
let's by all means, do it quickly.
Commissioner Alonso: I though so.
Mr. Odio: That's what it is.
Vice Mayor Plummer: Move it.
Mayor Suarez: All expenses on any of those are by the applicant group...
Mr. Odio: Yes.
Mayor Suarez: ... assuming that all other matters are met, and that will be
something interesting to spread over the record, so that those people who
write letters complaining about street codesignations, and saying that we are
spending our money on that instead of the homeless, which is one nice young
lady wrote me.
Commissioner Alonso: One question.
Mayor Suarez: No, that that's not the case. Yes.
Commissioner Alonso: It says, a request for a street codesignation or a
marker, or a plaza. Let's say that now we have the Haitian community who is
going to have the two hundred years of their independence now...
Mayor Suarez: A City sponsored plaza or whatever.
Commissioner Alonso: And they want to have a park with a marker. Is it going
to be terribly expensive to them to be able to have this?
Mr. Luis Prieto: No. The marker cost directly. Whatever they decide they
want to put directly.
Mr. Odio: Ringo, sit down, we are not talking to you. I mean, Ringo is
waiting.
Commissioner Alonso: It means it's not going to be anymore of the enormous
amount of red tape that we already have in place?
Mr. Prieto: No. We have reduced that tremendously. As you know, it is a
very simple application, and that's it.
Commissioner Alonso: I'll take your word for it.
Mr. Prieto: This is what this is intended to, it's really to cut out all the
red tape.
Commissioner Alonso: Great. I hope so.
Vice Mayor Plummer: All the red tapes, and the shoe boxes.
Mayor Suarez: Call the roll on the red tapes, and shoe boxes.
4.
72 January 10, 1991
AN ORDINANCE ENTITLED -
AN ORDINANCE CLARIFYING THE CITY CODE IN REGARD TO
EXPENSES AND FEES TO BE BORNE BY THE APPLICANT
REQUESTING A STREET CODESIGNATION, A MARKER
DESIGNATION OR A PLAZA DESIGNATION; FURTHER CORRECTING
A SCRIVENER'S ERROR IN CODE SECTION 54-90; AMENDING
1
SECTIONS 54-90, 54-92, 54-93 AND REPEALING SECTION 54-
9 94 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Vice Mayor Plummer and seconded by Commissioner Alonso
and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
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.
17. FIRST READING ORDINANCE: - ESTABLISH SPECIAL REVENUE FUND: COCONUT GROVE
SPECIAL EVENTS DISTRICT FUND - APPROPRIATE FUNDS ($28,000) CONSISTING OF
MONIES RECEIVED RELATIVE TO ESTABLISHMENT OF THE COCONUT GROVE SPECIAL
EVENTS SUPPLEMENTARY FEE.
Mayor Suarez: Item, 11, first reading, Coconut Grove Special Events District
Fund.
Vice Mayor Plummer: Mr. Mayor, I'll move that. As you know, that was part of
the committee which I headed for this Commission to establish such, with the
full intent that none of that money is to be touched until such time as the
committee designated by this Commission has its chance to make its
recommendations to this Commission of how that money should be spent.
Commissioner Dawkins: Under discussion.
Vice Mayor Plummer: If it gets a second.
Commissioner Dawkins: I'll second it for discussion.
Mayor Suarez: Second for discussion. Commissioner Dawkins.
Commissioner Dawkins: What happens if the fund does not earn twenty-eight
thousand dollars ($28,000).
Mr. Castaneda: No money will be expended until we have you know, the money in
the bank.
Commissioner Dawkins: All right, well what happens to cutting the grass,
washing the windows, and et cetera? Where will that money come from for the
maintenance and upkeep of the...
Vice Mayor Plummer: Isn't there roughly twenty-eight in there now? Excuse
me, Miller, my understanding, and I would stand corrected that there is
twenty-eight in there now.
Mr. Castaneda: No, Commissioner. We are expecting to receive twenty-eight =_
thousand dollars in the year.
Commissioner Dawkins- No, they expect to receive it, J.L. They expect to
earn twenty-eight thousand, J.L.
Commissioner Alonso: You don't have over twenty-five thousand, now?
Mr. Castaneda: That is correct. We expect to receive twenty-eight thousand
dollars ($28,000) in the given year, in the first year of operation. I
believe that we have about nine thousand dollars ($9,000) at the present time.
} i
Commissioner Dawkins: Beg pardon? You have ninety thousand now?...
Mr. Castaneda: Nine, nine, nine thousand, we are not talking big bucks here.
Commissioner Alonso: Nine, is what you have got?
Vice Mayor Plummer: So far.
Mr. Castaneda: Yes, so far.
Vice Mayor Plummer: You all cut it down from fifty percent to a maximum of
a twenty, was it? - and a maximum of ten thousand dollars (10,000). That fund
would have been substantial to do refurbishing of the park, but it got cut
+ down.
Commissioner Dawkins: OK. No further question, Mr. Vice Mayor. No further
question, Mr. Mayor.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD, BY TITLE ONLY.
Ms. Hirai: Mr. Mayor.
lj
s
3
I.
Mayor Suarez: Yes.
Ms. Hirai: I'm sorry, we need a
motion on it.
F"
Mayor Suarez: I though we had
a motion and a second. We didn't? I thought
we did.
s:
Commissioner Dawkins: You did.
r
Ms. Hirai: I'm sorry sir.
i
Mayor Suarez: All right, I need
to identify who made the motion, and...
Vice Mayor Plummer: On eleven?
Mayor Suarez: Yes.
a
Vice Mayor Plummer: I did.
:a Commissioner Dawkins: J.L. made
it, and I second.
Mayor Suarez: There we go.
Ms. Hirai: Thank you.
Mayor Suarez: Thank you.
74 January 10, 1991
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "COCONUT GROVE SPECIAL EVENTS DISTRICT
FUND" AND APPROPRIATING FUNDS IN THE AMOUNT OF TWENTY
EIGHT THOUSAND ($28,000) DOLLARS CONSISTING OF MONIES
RECEIVED OR TO BE RECEIVED RELATIVE TO THE
ESTABLISHMENT OF THE COCONUT GROVE SPECIAL EVENTS
SUPPLEMENTARY FEE (ORDINANCE NO. 10764); PROVIDING FOR
FURTHER APPROPRIATIONS AND CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Vice Mayor Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
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.
18. DEFER PROPOSED FIRST READING ORDINANCE MAKING APPROPRIATIONS FOR THE
DOWNTOWN DEVELOPMENT AUTHORITY TO THE NEXT MEETING
Mayor Suarez: Item 12.
Commissioner Dawkins: Mr. Mayor, I'd ask that that be deferred until the next
meeting. I am meeting at the request of many on Tuesday of next week with
them, and I would like to ask that this be deferred until the next Commission
meeting.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
ON MOTION DULY MADE BY VICE MAYOR PLUMMER AND SECONDED BY
COMMISSIONER ALONSO THE ABOVE ITEM WAS DEFERRED TO THE NEXT
COMMISSION MEETING BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
75 January 10, 1991
{
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19. FIRST READING ORDINANCE: AMEND CODE SECTION 54-17 - AUTHORIZE PUBLIC
WORKS TO ERECT A FENCE ACROSS NATOMA STREET, TA-LU-GA DRIVE AND ALATKA
STREET AT THEIR INTERSECTION WITH SOUTH DIXIE HIGHWAY TO ENHANCE PUBLIC
SAFETY.
Vice Mayor Plummer: Item 13. Closure of the fence across Natoma Street. Is
there a motion? Moved by De Yurre. Seconded by...
Commissioner Dawkins: Second.
Vice Mayor Plummer: ... by Dawkins. If that's fine with...
Commissioner De Yurre: These are all street that already are closed off?
Vice Mayor Plummer: That is correct, sir.
Commissioner De Yurre: OK.
Mr. Odio: But if they should want a wall, could you give them the opportunity
to put up a wall?
Vice Mayor Plummer: If they are willing to pay for it.
Mr. Odio: At their cost.
Vice Mayor Plummer: If they are willing to pay for it, I sure would have no
objections.
Commissioner Dawkins: If they are willing to pay for it and assume liability.
Mr. Odio: Right.
Commissioner Dawkins: No, no, no. Just don't put up a wall. They've got to
put up a wall and get some insurance to cover liability, if somebody run into
that wall.
Mr. Odio: Fine.
Vice Mayor Plummer: OK. Motion understood? Read the ordinance. Motion
understood. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 54-17 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO THEREBY
PLACE AND ERECT A FENCE ACROSS NATOMA STREET, TA-LU-GA
DRIVE AND ALATKA STREET AT THEIR INTERSECTION WITH
SOUTH DIXIE HIGHWAY FOR THE ENHANCEMENT OF PUBLIC
SAFETY; CONTAINING A REPEALER PROVISION, SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE.
Was introduced by Commissioner De Yurre and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso.
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.
76 January 10, 1991
i
i
i
20. FIRST READING ORDINANCE: AMEND 10794, THE APPROPRIATIONS ORDINANCE -
FORMALIZE CITY COMMISSION ACTIONS AND IMPLEMENT OTHER AMENDATORY
CHANGES.
Vice Mayor Plummer: Item 14.
Commissioner De Yurre: Move it.
Vice Mayor Plummer: Second.
Mayor Suarez: Moved and second, item 14. Any discussion? If not, please
read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 1, 2, 4 AND 6 OF
ORDINANCE NO. 10794, THE ANNUAL APPROPRIATIONS
ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
1991, ADOPTED SEPTEMBER 27, 1990, AS AMENDED, FOR THE
PURPOSE OF FORMALIZING CITY COMMISSION ACTIONS AND
IMPLEMENTING OTHER AMENDATORY CHANGES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner De Yurre and seconded by Vice Mayor
Plummer and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso.
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.
21. FIRST READING ORDINANCE: AMEND CODE SECTION 2-422 (INTERNATIONAL TRADE
BOARD) - ADD FIVE NEW REGULAR MEMBERS AND FIVE NEW ALTERNATE MEMBERS -
MODIFY QUORUM REQUIREMENT AND VOTES REQUIRED FOR BOARD ACTION.
Vice Mayor Plummer: Move 15.
Mayor Suarez: Fifteen has been moved.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Vice Mayor Plummer, are items related to the ITB
(International Trade Board) working their way to the ITB for consideration?
Vice Mayor Plummer: Yes, sir, very definitely. We received your last memo in
reference to something to do with Little Haiti, and it will be on our next
agenda, sir. Let me just for the edification of the Commission, what we are
planning on doing if I hear no objection, is that the five new members will be
the five that have presently been serving as alternates, and you will be
appointing each one of us, one additional member which will be the new
alternate.
77 January 10, 1991
Mayor Suarez: All right. So, we have a motion and a second. Any further
discussion? If not, please read the ordinance. Call the roll, please.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 2-422 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, CONCERNING THE
INTERNATIONAL TRADE BOARD, BY ADDING FIVE (5) NEW
REGULAR MEMBERS AND FIVE (5) NEW ALTERNATE MEMBERS;
MODIFYING THE QUORUM REQUIREMENT AND THE NUMBER OF
VOTES REQUIRED FOR BOARD ACTION; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
Was introduced by Vice Mayor Plummer and seconded by Commissioner De
Yurre and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso.
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.
-------------------------------------------------------------------------------
22. (A) REFER BACK TO ADMINISTRATION FOR REDRAFTING PROPOSED FIRST
READING ORDINANCE REQUIRING CONTRACTORS AND VENDORS TO GIVE MORE
DETAIL (DISCLOSURE) CONCERNING COMPOSITION OF WORKFORCE, WAGES
AND BENEFITS, etc.
(B) REFER BACK TO ADMINISTRATION FOR REDRAFTING PROPOSED FIRST
READING ORDINANCE CONCERNING REQUIREMENTS PRIOR TO AWARD OF
CERTAIN CONSTRUCTION CONTRACTS REQUIRING PAYMENT OF OVERALL
HOURLY RATES TO CERTAIN CLASSIFICATIONS OF WORKERS, etc.
Mayor Suarez: Item 16.
Vice Mayor Plummer: Mr. Mayor, 16 and 17 are together. These were
Commissioner Dawkins' request, and I think we need to discuss both of these at
the same time.
Mayor Suarez: How is this similar? - Yes, I think you're right. How is this
similar, at least as to number 17 to... is this at all like a prevailing wage
type thing, is that, Mr. Manager?
Vice Mayor Plummer: That's the way I understand it. It's more than
prevailing wage.
Mr. Odio: What?
Vice Mayor Plummer: Sixteen and seventeen.
Mr. Odio: On seventeen, we calculated what the estimated impact would be, and
we can only go on estimates here, and we figured that on seventeen, it would
cost an additional one million four hundred thousand dollars ($1,400,000) a
year.
Commissioner Dawkins: To who?
Mr. Odio: To the City.
Commissioner Dawkins: Why?
Mr. Odio: Because it would increase the bids by the prevailing wages on the
union side.
78
January 10, 1991
Commissioner Dawkins: Wait a minute, wait a minute.
Mr. Odio: And that's what...
Vice Mayor Plummer: That's on 17.
Commissioner Dawkins: These are not City employees.
Mr. Odio: Yes, but you see, when we bid a job, if they are non- union
companies can bid lower than a union company, and that's why the increase of
cost to the City.
Mayor Suarez: What kinds of assumptions do you?... when you make that
calculation of what is it one point what?
Mr. Odic: What we do is we take the total amount of dollars we think we are
going to put out for bids this year, which is seven point...
Mayor Suarez: You start by estimating the total contract work that you expect
to put out to private contractors...
Mr. Odio: That is correct.
Mayor Suarez: ... in any one year.
Mr. Prieto: Exactly. Right.
Mr. Odio: That which is seven...
Mayor Suarez: You do that based on historical figures?
Mr. Odio: It's about seven point two million dollars this year for instance.
Mayor Suarez: All right, then you take... and you assume what has been the
typical hourly wage paid by contractors in the past...
Mr. Odio: Correct.
Mayor Suarez: ... now will be increased because these will supposedly be
affected by this ordinance to the level of prevailing wages in the market?
Mr. Odio: That is correct, sir.
Mr. Prieto: That is correct, sir.
Mayor Suarez: So that you have concluded that in fact, the contractors that
we have been getting are not paying prevailing wages. Are you sure of that
analysis?
Mr. Prieto: That's right, sir.
Mr. Odio: Yes.
Commissioner Dawkins: And because of that, you have saved a million dollars?
Mr. Odio: No.
Mayor Suarez: And the percentage turns out to be so high as Commissioner
Dawkins is indicating that out of 7.2 million, the increase will be, you know
one point something.
Mr. Prieto: One million dollars ($1,000,000).
Mr. Odio: There are pros and cons to everything. The pros of getting this
passed is that you would have a very good contractor bidding on it than
normally would not have bid on it, because they are afraid to compete with the
non -union companies that are fly- by night outfits in some cases.
Commissioner Dawkins: All I am... OK then, may I ask again, then.
Mr. Odio: But there is a cost to it.
79 January 10, 1991
Commissioner Dawkins: Let me ask again. Those individuals who bid and do not
i pay prevailing wages, are they City of Miami contractors, or are they out of
State contractors?
Mr. Prieto: They are both. Usually, we try and give the contracts to City of
Miami contractors.
Commissioner Dawkins: All right, I'll rephrase it. Out of the contracts that
you let last year, was the majority of them with out of State contractors, or
in City of Miami contractors?
Mr. Prieto: Well, the majority of them...
Commissioner Dawkins: Thank you, OK. The majority of them was what?
Mr. Prieto: The majority are County contractors, not out of State. Very few
out of State contractors, in fact, bid.
Commissioner Dawkins: OK. All right. Now... I'll rephrase it again. Of the
contracts let my the City of Miami that were mostly City of Miami tax dollars,
did the majority, or minority amount of it go to local City contractors, who
buy goods in the City of Miami, who pay taxes in the City of Miami, and who
therefore buy goods and services, and pay occupational taxes in the City of
Miami, did the majority of that work go to those kind of people, or did the
minority of it go to those type of people?
Mr. Prieto: The majority are City of Miami contractors, but it's a very
slight majority. It is not...
Commissioner Dawkins: But you just told me that it went to County and out of
State. Now, you're telling me it's...
Mr. Prieto: No. Practically no out of State contractors. Practically all
contractors are County, contractors including City of Miami.
Commissioner Dawkins: But my question to you, sir, I'm going to ask it again,
OK?
Mr. Prieto: OK.
Commissioner Dawkins: And this is how... I don't know no other way to put it.
Mr. Prieto: Are these City of Miami contractors? - is this what you are
saying?
Commissioner Dawkins: Did the City of Miami contractors receive the majority
of the work we let, or the minority of the amount of work we let? - yes, or
no?
,r
Mr. Prieto:
I would say a slight majority of the work that we let out are
City of Miami, and the remaining are primarily County, within the County.
Commissioner
Dawkins: All right. Now, those City of Miami, did they hire
local residents in the area where the project was?
Mr. Prieto:
I can't answer that right now.
Commissioner
Dawkins: All right. Secondly, those people who we hired were
not covered by any insurance?
Mr. Prieto:
Yes, they are.
Commissioner
Dawkins: What insurance?
g ;.
'
Mr. Prieto:
Typically, they have to have minimum worker's compensation...
Commissioner
Dawkins: No, no, no, I mean health care for their family
members.
.
Mr. Prieto:
We don't have that data right now, sir.
j ":.
80 January 10, 1991
j Commissioner Dawkins: All right, now. So therefore, you're talking about a
phantom million dollars, for the lack of a better word, and these people who
are laborers, who have wives who get pregnant, they have daughters who get
pregnant. They get sick, they have no money. They go to Jackson, Jackson
treats them We, the taxpayers, pick up the bill. So where is the million
dollars saved?
Mr. Prieto: The million dollars would come out of our funds directly.
Commissioner Dawkins: No, no, OK. But show me how by these people not... by
us not forcing, and that's what we are trying to do, the contractor to provide
some form of health care service for the worker.
Mr. Prieto: We are not saying that they don't have that, sir.
Mayor Suarez: Well to the extent that you can calculate it, what percentage
of that million dollars in savings is liable to find its way as governmental
imposition, or governmental cost at the other end as the Commissioner is
positing by having the individual not have health insurance, and end up at
Jackson. Do you have any calculation that would reflect that?
Mr. Odio: I think the only way to do this, is to do a survey among the
companies we deal with.
Vice Mayor Plummer: You have to.
Mayor Suarez: So we don't have that information? - that's the answer.
Mr. Odio: We do not have.
Commissioner Alonso: Or request they provide full health benefits.
Mayor Suarez: How about that as an alternative, has that been thought of?
j� Mr. Prieto: Exactly, we can do that.
i?
j` Commissioner Dawkins: Madam City Attorney.
Ms. Linda Kierson: Yes, sir.
�i
' t Commissioner Dawkins: What's illegal or legal? We say the City of Miami is
i
z on a crunch, and we are laying off people. What's wrong with contractors
using GSA employees, parks people, who you all have laid off, what's wrong
with them working for the City of Miami dollars, Madam City Attorney?
{ Ms. Kierson: There is nothing illegal about it.
Commissioner Dawkins: OK.
Ms. Kierson: The City of Miami can act as its own general contractor.
Vice Mayor Plummer: No.
Commissioner Dawkins: And hire who it wants, right?
Ms. Kierson: That's correct, yes.
Commissioner Dawkins: So therefore, the million dollars that we are talking
about saving, we could very easily work out with quote unquote, the bargaining
units, and put people to work who, quote unquote, we have laid off, who would,
quote unquote, contribute back to the economy, and by them working for the
bargaining unit, they would have health care coverage for their families, and
therefore, they wouldn't be a drain on the rest of the taxpayers. Would that
be a fair assumption?
Vice Mayor Plummer: I don't understand it.
Ms. Kierson: I don't understand the question. Are you asking if the City of
Miami could hire individuals other than City employees, to work for the City
of Miami?
Commissioner Dawkins: No, City employees.
81 January 10, 1991
Ms. Kierson: Use City employees, to work on City projects?
Commissioner Dawkins: Yes. OK, let's take the GSA. GSA has carpenters, GSA
has plumbers, GSA have people who put up fences, the GSA department... I don't
know what else they do, but all of these things are done within the
construction industry.
Ms. Kierson: Yes.
Commissioner Dawkins: I'm sorry, go ahead Madam.
Commissioner Alonso: I'm trying to understand you, Commissioner. Are you
saying that we do our own contracts, rather than hiring a private
contractor...
Ms. Kierson: Right.
Commissioner Alonso: ... our own people to do the work, let's say public
works, and things like that?
Commissioner Dawkins: Yes, ma'am.
Mr. Odio: We just started... let me advise, we just started in the public
works department, our own construction company, and that's now in effect for
the last three months, right? And when will... are you doing some of the work
now?
Mr. Prieto: Yes. We do work with City forces in things that we do commonly,
like paving, and putting in sidewalks and curbs. In parks, normally we would
give it to an outside consultant. Contractor, we do it ourselves, and pick up
that part of the contract. But it's not a major effort, it's an initial
ff
1'
effort to try and compliment the budget.
jj
Mayor Suarez: Do we ever compete for that ourselves as other cities are
js
beginning to do?
i
i 'i
Mr. Odio: We would like to get to that point...
s'
Mayor Suarez: We haven't done that yet, we haven't tried that?
1
}
Mr. Odio: ... but we have to crawl...
Mayor Suarez: This is the rage throughout the country, to have your own staff
compete on a competitive bidding system.
i
—
Mr. Prieto: We just started.
Mayor Suarez: Right. No, I'm just asking.
Mr. Odio: We just started. We started to experiment.
Mayor Suarez: What about the idea, as Commissioner Alonso is mentioning, and
possibly Vice Mayor, and I agree that if we are concerned about a particular
benefit, that all of these subcontractors and contractors, should be given to
their employees, that we should simply specify that. Instead of this very
generic and broad set of prevailing wage and condition type ordinance, just
simply say, if we are concerned that they have health insurance in addition to
workmen's comp. They do have to have workmen's comp.
Commissioner Alonso: They do have.
Mr. Prieto: They do.
Mayor Suarez: Right. So, it's general health insurance that we specify a
level, just like we do liability if they run a program for the City. Anybody
who has a Cityconcession or City lease City � Y , y program, has to have liability
insurance.
Mr. Prieto: Yes, they do.
82 January 10, 1991
t",
Mayor Suarez: We require that for our protection. To require major medical
In our bidding for... all the way down to the last employee, and we catch at
least that scenario that Commissioner Dawkins is mentioning, but that being
the only one that perhaps needs to be filled the void right now, as opposed to -
this very generic ordinance that could create an incredible amount of
expenditure.
Mr. Prieto: Mr. Mayor, we can look into that, but let me pose it to you that
if we do implement a program, where we specify too many requirements, the
people who we are going to drive out are primarily the minorities that are the
ones that need the most to start on...
Mayor Suarez: OK, now, I understand that, and I probably tend to agree, but I
am concerned about the ones that the Manager referred to, and this is his
characterization, so he is stuck with it, as fly-by-nighters.
Mr. Odio: Well, we do have some fly-by-nighters.
Mayor Suarez: We do have some fly-by-nighters. How do we eliminate those
from consideration?
Commissioner Alonso: But how in the world, after we put an RFP, we granted
the contract to someone who can just...
Mr. Odio: Well, Commissioner, you are in a competitive... but you go out...
Commissioner Alonso: ... disappear. I just cannot believe after all the
process that we go by, that you are going to tell me, that is the case.
Mr. Odio: You go out on a competitive basis...
Mayor Suarez: And you can't tell who is a fly-by-nighter from their
application, Mr. Manager, from all the...
Commissioner Alonso: They better.
Mr. Odio: Of course, you can get it. If they are low bidders, if they
come... because their cost is lower than anybody else, because they probably
pay their employees less or whatever...
Mayor Suarez: Isn't that what the requirement of responsible bidders is? - to
determine precise, because we've got to do responsible and responsive.
Mr. Odio: Responsible bidders, yes, but you have fly-by-night outfits that
could pass by the responsible.
Mayor Suarez: And we are trying to further define that.
Mr. Odio: And then, let me give you and example.
Mayor Suarez: The Commissioner is asking how we can further define that so
we don't get the fly-by-nighters. And we don't eliminate minorities either
b d 't h ve ten ears or five years or three years or two years
who may
but who are not fly -by- nighters.
They've got all the same certifications.
Mr. Odio: I'm going to give you an example without mentioning...
-
Commissioner Alonso: And in the
example that he just gave, what I see, is
that we are going to increase the
cost to the City rather than saving money at
all.
Mr. Odio: What you get for it is
that you probably have a better contractor,
{
possibly better contractor, but
I'll tell you in the... I'll give you an
example. Miamarina, we gave the
contract to the lowest bidder that happened
to be...
Oh heavens,
let's into that...
Commissioner Alonso:
not go
Mr. Odio: OK. The competition was higher because there were...
Commissioner Alonso: ... because we will have to say things that we don't
really want to get today on the table,
because I am getting more upset by the
83 January 10, 1991
t 07
day, because if we had collected the money we were supposed to collect, and
everyone had done their job, to be certain that everything was followed, we
would not be in the position that we are in today, and I hope it will never
happen in the City of Miami, so let us skip that one and try another example.
Mr. Odio: No, no, no.
Vice Mayor Plummer: Are you talking about Dinner Key, or Miamarina.
Mayor Suarez: And that was not a sealed competitive bidding process
as what
you were talking about here.
Commissioner De Yurre: I'm glad Miriam didn't want to get into it.
Commissioner Alonso: Please.
Mr. Odio: It was the law... OK, let's not get into that.
Commissioner Alonso: Not today.
Mr. Odio: But that's a classical example of giving the work to a
very, a
non...well, forget it. I cannot mention that.
Mayor Suarez: All right. Where are we, Commissioners? How do you
want to
proceed with this?
Commissioner Dawkins: I'm going to ask one question then we can do
whatever
J.L. wants to do with it, defer it, and continue it, or whatever.
Vice Mayor Plummer: Whatever J.L. wants, why J.L.?
Mr. Odio: He wants to bury you.
Commissioner Dawkins: I am like Commissioner Alonso, I'm going to
take one
project, Bayfront Park.
Mr. Odio: OK.
Commissioner Dawkins: Did you use local labor, or you used out of town labor?
Vice Mayor Plummer: Noguchi sure wasn't born in North Miami.
Mr. Prieto: Yes, PNM was City of Miami, sir.
Commissioner Dawkins: And they were the general contractor?
Mr. Prieto: They were the general contractor.
Commissioner Dawkins: OK. And we are still doing business with them?
Mr. Prieto: Well, actually...
Commissioner
Dawkins: If they low bid...
Mr. Prieto:
Yes, sir...
Commissioner
Dawkins: No, no, if they low bid,
we still do business with
them.
Mr. Prieto:
You're absolutely right. If they're
low bidder, we have to take
them.
Commissioner
Dawkins: And Bayfront Park.... at
Bayfront Park went how much
over budget?
Commissioner
Alonso: Oh, boy! Eighteen million,
two eighty-two and count
ting.
ing.
Vice Mayor Plummer: Which budget?
Commissioner
Dawkins: OK, then, all right. How
much above the cost that we
thought it was going to cost did it go? How many
millions?
84
January 10, 1991
s � -
Vice Mayor Plummer: About $30,000,000.
Commissioner Dawkins: Thirty million dollars. OK. But then you stand up
here and tell me about a lousy million dollars that we're going to, you know,
juggle around to try to help the local Indus.... OK, never mind. No further
questions.
Mayor Suarez: OK, for my vote, and possibly a couple of the Commissioners
here to my left - not necessarily ideologically speaking - to the far left, to
the extreme left, the only way I would vote for it would be something along
the lines that we have been discussing here by Commissioner Alonso and Vice
Mayor Plummer, would be something very specifically requiring major medical
health insurance - not talking about wages at all - and that's just for my
vote. I've thought about this over the years, and I don't see any difference
in what is before us than a simple prevailing wage ordinance which I think
would be costly to us in addition to ruling out a lot of the minority subs and
contractors that we have applying. So, if we're concerned about, as
Commissioner Dawkins indicated, the health insurance, we ought to specify that
and we ought to go back to the drawing board and draw up an ordinance that
does that. Otherwise, I personally would be inclined to vote negative. Yes.
Mr. Prieto: May I suggest that you give us time to assess a program for that?
Commissioner Dawkins: I move that 16 and 17 be sent back to the Manager for
the Manager to come back with those provisions the Mayor just suggested that
it include.
Commissioner Alonso: Yes.
Mayor Suarez: So moved as to both of those.
Vice Mayor Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 91-23
A MOTION REFERRING BACK TO ADMINISTRATION AGENDA ITEM
16 (PROPOSED FIRST READING ORDINANCE RELATING TO MORE
EXACTING REQUIREMENTS ASSOCIATED WITH CITY CONTRACTS
AND PURCHASES EXCEEDING $10,000), AND AGENDA ITEM 17
(PROPOSED FIRST READING ORDINANCE SETTING FORTH
REQUIREMENTS FOR AWARD OF CERTAIN CONTRACTS TO
DESIGNATED WORKERS EMPLOYED IN THE PERFORMANCE OF
PROJECTS, ETC.); IN ORDER TO INCORPORATE ALL VARIABLE
AGREED TO ON THIS DATE; FURTHER STATING THE ORDINANCE
SHOULD INCLUDE SPECIFIC REQUIREMENTS FOR MAJOR MEDICAL
HEALTH INSURANCE AND EXCLUDE THE ISSUE OF A PREVAILING
WAGE.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
85
January 10, 1991
-------------------------------------------------------------------------------
23. (A) AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH KEEP DADE
BEAUTIFUL, INC. ($30,000) - TO PROVIDE PROGRAMS AND SERVICES TO
PREVENT LITTER AND OTHER DAMAGE TO ENVIRONMENT.
(B) AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH KEEP DADE
BEAUTIFUL, INC. ($20,000) - TO PROVIDE RECYCLING EDUCATIONAL
SERVICES TO CITY RESIDENTS.
Commissioner De Yurre: Mr. Mayor, before we get into 18...
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: ...if I may, for a minute, we've had here all morning
representatives from "Keep Dade Beautiful" and they have a request to make
quickly, I'm sure, of the Commission...
Mayor Suarez: You have money for us, Anna Maria?
Commissioner Dawkins: No, it's not.
Ms. Ana Maria Monteflores: No, no. We're merely nere zo requesL LnaL L11C
Commission approve the...
Mayor Suarez: Put the name in the record, and...
Ms. Monteflores: I'm sorry, my name is Ana Maria Monteflores. My address is
11920 S.W. 25th Terrace.
_ Mayor Suarez: Soon to be in the City of Miami, I'm sure.
Ms. Monteflores: I've been thinking about that.
Mayor Suarez: Very good.
Ms. Monteflores: We're here to request the Commission to approve the
resolution allowing the money to be released, the money that you approved last
September as per the contract that we worked with deputy director Adrienne
Macbeth and Ron Williams.
Mayor Suarez: Is this all ready to go, Mr. Manager, for our vote?
Vice Mayor Plummer: Move it.
Commissioner De Yurre: Second.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Mr. Jorge Fernandez: Yes, you have to take two separate votes because they're
on two separate resolutions to separate contracts. One for...
Mayor Suarez: Which one is the one we're just voting on that was just moved?
Mr. Fernandez: You're voting now for the one, let's call them the $30,000
one.
Mayor Suarez: All right, on that one we have a motion and a second. Call the
roll.
86 January 10, 1991
id
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-24
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN
KEEP DADE BEAUTIFUL, INC., AND THE CITY OF MIAMI, IN
AN AMOUNT NOT TO EXCEED $30,000, IN ORDER TO PROVIDE
PROGRAMS AND SERVICES TO PREVENT LITTER AND ALLOCATING
FUNDS THEREFOR FROM THE FY 191 OPERATING BUDGET OF THE
SOLID WASTE DEPARTMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: And what is the other one?
Mr. Fernandez: The second one can be identified as the $20,000 one. Sum
total of what was appropriated was fifty, but they have been broken down into
two separate contracts requiring two separate positions.
Vice Mayor Plummer: Move it.
Commissioner Alonso: Second.
Commissioner Dawkins: No, no, no...
Mayor Suarez: You know, if there's any way to split an atom or to have so
many angels dance on the top of a pin, you would figure it out, Mr. City
Attorney. All right...
Commissioner De Yurre: Move it.
Mayor Suarez: ...we have split the atom. The item is now in two parts.
Moved and seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-25
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN
KEEP DADE BEAUTIFUL, INC., AND THE CITY OF MIAMI, IN
AN AMOUNT NOT TO EXCEED $20,000, IN ORDER TO PROVIDE
RECYCLING EDUCATIONAL SERVICES TO CITY OF MIAMI
RESIDENTS; ALLOCATING FUNDS THEREFOR FROM THE FY '91
SOLID WASTE REDUCTION: RECYCLING AND EDUCATION SPECIAL
GRANT 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:
87
January 10, 1991
z
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
24. (A) GRANT REQUEST FOR CLOSURE OF DESIGNATED STREETS CONCERNING BLOCK
PARTY TO CELEBRATE INAUGURATION OF NEW PRESIDENT IN HAITI (with
provisos).
(B) DESIGNATE COMMISSIONER MILLER DAWKINS AS CITY OF MIAMI
REPRESENTATIVE TO ATTEND THE INAUGURATION OF THE PRESIDENT OF
HAITI.
------------------------------------------------------------------------------
Commissioner Dawkins: OK, Mr. Mayor...
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: A quick item...
Commissioner De Yurre: Goodbye.
Commissioner Dawkins: ...Mr. Ringo, the Haitian Americans would like to have
a celebration on the 7th when the new president is sworn in, and they would
like to use the amphitheater at Bayfront Park on the 7th, and to have a block
party in Little Haiti on February 17th. I would move that this be turned over
to the Manager for the Manager to work this out and bring it back to us at the
next meeting.
Mayor Suarez: With a favorable, in principle, recommendation.
Commissioner Dawkins: Um hum.
Mayor Suarez: OK, so moved.
Vice Mayor Plummer: That would be then subject to approval by this
Commission?
Mr. Fernandez: Yes.
Vice Mayor Plummer: OK.
Commissioner De Yurre: Second.
Commissioner Dawkins: But also, J. L., worked out the street closure with the
Police Department and everything and
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Alonso: He told me no.
Commissioner Dawkins: No, no, he told me no.
Vice Mayor Plummer: Let's get it on the record.
Commissioner Dawkins: Well, put it on the record, that's right.
Vice Mayor Plummer: Ringo, just so this Commission doesn't find itself in a
jackpot later, do you have assurances for comfort to this Commission that
Fidel Castro is not being invited to that celebration? You laugh - I pay.
Mayor Suarez: We're not talking about the one here in Miami.
Commissioner Alonso: We're talking about the one over there.
88 January 10, 1991
Vice Mayor Plummer: I'm talking about is not here, of course. What? Are you
kidding me? We're not that lucky. I'd have more funerals than you'd know
what to do with.
Mr. Ringo Cayard: Mr. Vice Mayor, my name is Ringo Cayard. I reside in the
City of Miami, of course, and I am in charge of the invitations for the new
president of Haiti. And I don't recall that I put the name of Mr. Fidel
Castro in the invitation list, and I made it clear to the president of Haiti
that Fidel Castro will not be a guest in the inaugural.
Vice Mayor Plummer: Fine.
Commissioner Dawkins: OK, and let's...
Mr. Cayard: And also, President Bush, which is also invited, is also invited
in Haiti made it clear that if Fidel goes, you know, he is definitely not
going to be part of it. And myself, I would remove myself.
Commissioner Dawkins: OK, let's amend... I'll amend my motion to say that in
the event that the country of Haiti, which has every right to, if it wants to,
invites Fidel Castro, then what we're doing here is null and void.
Mr. Cayard: Oh, definitely. And myself, I would remove myself from all
festivities also.
Commissioner Dawkins: No, but you see, I have to, with due respect to you,
have you understand it, you don't make no decisions on Haiti, OK? I have to
4 go along with the people who make the decisions in Haiti, and if those people
decide that they want Mr. Castro at their celebration, that's their right.
Just like it's our right not to allow the celebration here if they do it.
Mr. Cayard: Yes, you're right.
Commissioner Dawkins: So, I amend the motion to say that, in the event that
he's invited...
Vice Mayor Plummer: I accept the amendment.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 91-26
A MOTION APPROVING IN PRINCIPLE REQUEST BY THE HAITIAN
AMERICAN FOUNDATION TO USE BAYFRONT PARK AMPHITHEATER
AND TO CLOSE DESIGNATED STREETS IN ORDER TO CELEBRATE
THE INAUGURATION OF THE NEWLY ELECTED PRESIDENT OF
HAITI WITH THE PROVISION THAT IF FIDEL CASTRO WERE TO
BE INVITED TO ATTEND THE INAUGURAL CELEBRATIONS IN
HAITI, THE HEREIN AGREEMENT WOULD BE NULL AND VOID;
AND FURTHER REQUESTING THE CITY MANAGER TO BRING THIS
ISSUE BACK FOR FORMALIZATION AT THE NEXT COMMISSION
MEETING.
— ' Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
' NOES: None.
ABSENT: None.
Mayor Suarez; I understand, from the Immigration, Commissioner - Ringo, I
hadn't mentioned this to you that he is interested in the possibility of doing
89 January 10, 1991
3
R -
a
something simultaneously at Krome, and I just wanted to alert you to that and
the Commission that it might be interesting to have a ceremony to take place
at Krome at the same time on February 7th.
Mr. Cayard: We would appreciate it if the Commission could do something like
that, you know. And one other thing that I would request from the Commission
while I'm here is that, as the invitation will come to you, and, of course,
Fidel Castro is not going to be part of the guest list, therefore no part of
the City, we would dedicate Commissioner Dawkins as the leading person toward
the delegation to go Haiti since, you know, he knows the countries.
Mayor Suarez: One way ticket.
Commissioner Dawkins: Who told you to do that? J.L. Plummer?
Vice Mayor Plummer: Non-refundable.
Mr. Cayard: No, because we definitely appreciate all the help that...
Vice Mayor Plummer: I move that Commissioner Dawkins represent this
Commission at the Haitian inauguration at City expense. I so move.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
Vice Mayor Plummer: As long as he only stays three hours and stays at Burger
King.
Mr. Cayard: Thank you so much.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-27
A RESOLUTION OF THE MIAMI CITY COMMISSION DESIGNATING
COMMISSIONER MILLER J. DAWKINS AS THE CITY'S OFFICIAL
REPRESENTATIVE AT THE INAUGURAL CEREMONIES IN
CONJUNCTION WITH THE ASSUMPTION OF DUTIES BY JEAN
BERTRAND ARISTIDE AS PRESIDENT OF THE NATION OF HAITI.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
90 January 10, 1991
I
M
25. (A) APPROVE CAPITALIZATION OF PRINCIPAL AND INTEREST DUE FROM
COCONUT GROVE PLAYHOUSE, INC. LOAN - CONVERT LOAN INTO GRANT AS
A CITY FINANCIAL CONTRIBUTION (with provisos).
(B) BRIEF COMMENTS IN PROTEST OF PROPOSED LOAN TO EDWARD J. GERRITS,
INC.
(C) BRIEF COMMENTS CONCERNING STATUS OF THE CITY HALL SIGN PROJECT.
Mayor Suarez: Item 18.
Vice Mayor Plummer: Move 18.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded.
Commissioner De Yurre: I'd like to bring up discussion, please.
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: Mr. City Manager, what funds are these that we're
talking about?
�I Mr. Odio: We're talking about the Playhouse?
Vice Mayor Plummer: Yes.
Commissioner De Yurre: Yes.
Mr. Odio: Those funds, we have given them a loan three years ago.
Commissioner De Yurre: From what source?
Mr. Odio: Community Development funds.
Vice Mayor Plummer: Community Development.
Mr. Odio: The Community Development Department in Washington rejected this
and said that we would have to replace this with general fund monies.
Commissioner De Yurre: OK.
Mr. Odio: The Playhouse is no position to be able to pay back, so I propose
to them that in lieu of the monies they get every year from us, which was
about $70,000, that we would take this money and pay for it. In other
words...
Commissioner De Yurre: OK, let me ask you this. In this year's budget, was
that money allocated?
Mr. Odio: No, we did not allocate these seventy thousand, because...
Commissioner De Yurre: So, it isn't that one is replacing the other?
Vice Mayor Plummer: No.
Commissioner De Yurre: They were out.
i;
k Mr. Odio: No, not for this year, because we had taken it out.
Vice Mayor Plummer: It's in lieu of.
Mr. Odio: But every year, they have been receiving...
Commissioner De Yurre: I know that, and I'm with it, and I support them and
I'm going to vote for it. But I got to make some things clear here.
91 January 10, 1991
Commissioner Dawkins: OK...
Mr. Odio: But OK, right...
Commissioner Dawkins: OK, well let me... I have to have...
Commissioner De Yurre: No, hold it.
Commissioner Dawkins: OK, I'm sorry, go ahead, Mr., go ahead, sir.
Commissioner De Yurre: You know, when you're preaching, you know, you can't
stop preaching.
Commissioner Dawkins: No.
Commissioner De Yurre: OK, now, this money, when were they required to pay it
back?
Mr. Odio: We put them on notice last year, I believe.
Commissioner De Yurre: Originally, what were the terms of that loan?
Mr. Odio: They would have to start making payments, I believe, this year,
and...
Commissioner De Yurre: Of what amounts?
Mr. Frank Castaneda: They were supposed to make - the payment was to be paid
in quarterly payments over a five year period, and they were supposed to pay
the interest equal to the going prime.
Commissioner De Yurre: So, within a five-year period, what? -from basically
this date, they were supposed to pay it off? That's correct. OK. And this
came from Community Development funds.
Vice Mayor Plummer: Originally.
Mr. Odio: Yes, so what we're saying is, don't ask for any more money for five
years.
Commissioner De Yurre: OK, but now, you're telling me that you can't go ahead
with this, the federal government has said, listen...
Mr. Odio: They disallow it.
Commissioner De Yurre: ...you got to repay this.
Mr. Odio: They disallow it.
Commissioner De Yurre: But you got to repay it now.
Mr. Odic: Now.
Commissioner De Yurre: Not over five years.
Mr. Odio: That's correct.
Commissioner De Yurre: So, we have to come up with two hundred and something
thousand dollars from the general fund now, today.
Mr. Odio: Yes.
Commissioner De Yurre: Right?
Mr. Odio: Yes, we have to make it up.
Commissioner De Yurre: OK. Now, explain to me - and I'm going to make a
motion on this, if I don't get the support, that's fine - the Coconut Grove
Playhouse has done a great job. They continue to do a great job, and they're
an important part of our community. By the same token, we have a very severe
problem of which they're closing them down with Teatro Marti. And, you know,
if we're going to go ahead all of a sudden and come up with $200, 000 out of
i_
92 January 10, 1991
AV
the general fund for the Coconut Grove Playhouse, I want to see the same
things so their problem can be resolved being that it's the City that's
obligating them and enforcing them - even though it's legally - to put
sprinkler systems and to put everything else in place, and the penalty is $250
a day by the Code Enforcement Board, and they're putting the man out of
business. They're putting somebody that is very important to the Cuban
community out of business. So...
Vice Mayor Plummer: Question. It was my understanding at the last meeting
that, in fact, the monies that were made available for Little Havana, that you
made a motion that the number one priority for a loan was Teatro Marti.
Commissioner De Yurre: And they have been denied.
Vice Mayor Plummer: They've been denied?
Commissioner De Yurre: They've been denied.
Vice Mayor Plummer: From that fund?
Commissioner De Yurre: That's right.
Vice Mayor Plummer: Of last meeting?
Commissioner De Yurre: That's right.
Vice Mayor Plummer: Based on what? Why were they denied?
Commissioner Dawkins: Same reason, the federal government says you couldn't
do it.
Mr. Castaneda: That they felt that they did not have an ability to repay the
loan. Inability to repay the loan.
Commissioner De Yurre: You know, which is the same situation with the Coconut
Grove Playhouse.
Vice Mayor Plummer: No, sir...
Commissioner De Yurre: They don't have the ability to repay.
Vice Mayor Plummer: Excuse me. Teatro Marti is for profit.
Commissioner De Yurre: No, it's a nonprofit.
Vice Mayor Plummer: It is a nonprofit? That's not my understanding.
Mr. Castaneda: For profit.
Vice Mayor Plummer: It is for profit.
Commissioner De Yurre: Didn't they apply under a nonprofit situation?
Mr. Castaneda: They never changed it.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: You have to come up to the mike. You have to come up to the
mike if you're going to speak. We can't catch you from back there. By the
way, for profit and nonprofit is not necessarily determinative of that. The
question really was geared at their ability to pay and we presume, in the case
of Coconut Grove Playhouse, that the City is convinced that they are able to
pay. And I presume that, that's going to be a relevant question in the case
of Teatro Marti. But it certainly does seem like the handling of Teatro Marti
has been kind of - I don't want to say dilatory, but it seems like we've come
up with every possible impediment, you know, to not allow that to happen. And
the newspapers have reported it totally differently from everything that we're
discussing. It has nothing to do with profit or nonprofit, or ability to pay.
They said that it was that we found out the funds could not legally be used
for that purpose, which that particular obstacle we overcame by identifying
other funds that we had found, I think, Commissioner De Yurre, you had
proposed that we take monies from the sale of the property to Miami -Dade
93 January 10, 1991
Community College, etcetera, etcetera. There's been different ways of working
out your particular application. I think the real reason, at one point, we
wouldn't give you the loan had nothing to do with where the funds are coming
from. It had to do with certain outstanding investigations by the State as to
your tax situation, as to your withholding of tax, I think, problems.
Vice Mayor Plummer: It was sales tax.
Mayor Suarez: Yes, and sales tax vouchers and so on that maybe were not in
proper order and, of course, under those conditions, the City could not make
the loan. We understand that those have been resolved. If now we have an
impediment based on ability to pay, I think this entire Commission,
Commissioner De Yurre, should look at that and see if maybe our administration
is not being a little bit more strict with them on ability to pay than some
other groups, and...
Mr. Odio: That went to Miami Capital, Mr. Mayor.
Mayor Suarez: I'm sorry?
Mr. Odio: That was Miami Capital.
Mayor Suarez% Well, we know if it's Miami Capital, they're going to be strict
on ability to pay, because that's the way they're set up. That's the legacy
of the former director, which the present director is following. You know,
they think of themselves as a bank. Many of those go to the Commission, and
the Commission gets more liberal as we did today with a for profit business
belonging to Mr. Gerrits. Now, admittedly, in his case, the thing burned
down, and we wanted to rebuild Wynwood and there are different circumstances,
but, you know, we've got to try to be as consistent as possible in the use of
federal discretionary funds or our own capital funds to improve these kinds of
facilities. That is what. Commissioner De Yurre is trying to lead us to here.
Commissioner Dawkins.
Commissioner Dawkins: Mr. Manager, you constantly tell me we have no money.
Is that a correct statement?
Mr. Odio: Yes, sir.
Commissioner Dawkins: This morning somewhere you found a half a million
dollars to loan Mr. Gerrits.
Mr. Odio: No, sir, those monies are from Community Development funds that
are earmarked for that, and they have to meet the qualifications of the
federal government.
Vice Mayor Plummer: And restrictions.
Commissioner Dawkins: All right, how much money is in that fund?
Mr. Odio: How much do we have left now?
Mr. Castaneda: I believe that there's about half a million dollars left.
Commissioner Dawkins: It's a half a million dollars left in that fund. And
then that fund will be broke.
Mr. Castaneda: That's correct.
Commissioner Dawkins: OK, now, the $200,000 that you just said now that you
were going to take from the general fund to pay - to replace....
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Dawkins: That's OK, I'll ask the Manager. That's all right,
I'll ask the Manager. Mr. Manager, the $200,000 that you have just said that
you're taking from the general fund to repay whoever it was we took the money
from who disallowed it. Where's that coming from?
Mr. Odio: Well, we knew last year it was in the budget. We had to put it
aside in the budget because.
94 January 10, 1991
Fj
Commissioner Dawkins: What line item in the budget is it?
Mr. Odio: I'll bring you the account number, because I know exactly where it
came out of.
Vice Mayor Plummer: It had to be put last year.
Mr. Odio: Capital Improvement.
Commissioner Dawkins: Beg your pardon?
Mr. Odio: I know exactly the... I will get you the account number,
Commissioner. But, we knew last year when we went to Washington that, that
monies would be disallowed.
Commissioner Dawkins: See, but the part that is troubling me now is...
Mr. Odio: Well, I didn't give the loan in the first.... OK...
Commissioner Dawkins: OK, I'll wait till you finish, sir.
Mr. Odio: Yes, sir.
Commissioner Dawkins: The part that's troubling me, sir, is, constantly I
hear we have no money, but at every meeting, we find money. Now, that's
beginning to trouble me, Mr. Manager. I mean, I don't know —no, no, that's
beginning to trouble me.
Mr. Odio: It troubles me too.
Commissioner Dawkins: OK.
Mr. Odio: Because I keep recommending against it when we don't have the
money, but the...
Commissioner Dawkins: Well, if you don't have it, how in the hell can you
find it and then tell me you're recommending against it, but yet still you
find it, Mr. Manager?
Mr. Odio: In the case of Gerrits, the money is there for economic development
and of CD.
Commissioner Dawkins: OK, but the $200,000, you never told me at budget
hearings, sir, that you had $200,000 hid away in line item 16....
Mr. Odio: No, no...
Commissioner Dawkins: ...for to pay this thing. You never told me that.
Mr. Odio: Let me give you a full explanation. This Commission, two years
ago, voted a loan to the Coconut Grove Playhouse.
Commissioner Dawkins: Yes.
Mr. Odio: Against my recommendation.
Commissioner Dawkins: I voted against it, but go ahead, yes.
Mr. Odio: OK. Now, the federal government disallowed that loan.
Commissioner Dawkins: Yes.
Mr. Odio: And we had to scramble to pay for it.
Commissioner Dawkins: Yes, that's right, OK.
Mr. Odio: And all I'm doing now is try to clean that up.
Commissioner Dawkins: OK, I have no problems with it, see? But the problem I
have with it is that when they disallow...
Vice Mayor Plummer: It's in this budget.
i
95 January 10, 1991
Commissioner Dawkins: ...another half a million, where are we going to find
that? That's my problem, Mr. Manager.
Mr. Odio: I don't have it, and I'm saying that I don't have it. Now, I have
to scramble to fix this mess, because the federal government disallowed that.
I went to Washington, and I fought with the federal bureaucracy there to try
to save it. We delayed that for one year and they finally ruled that we had
to pay it back.
Commissioner Alonso: The $250,000 was due now?
Vice Mayor Plummer: Two hundred.
Commissioner Alonso: The two hundred was due now?
Vice Mayor Plummer: A year ago. We gave them an extension. See, where the
problem comes, when we gave them the money, we also used to give them a grant
every year of $50,000 which they were going to use to repay, but we cut the
grant.
Commissioner Dawkins: Mr. Castaneda. Through the Manager to Mr. Castaneda.
When this loan was being discussed, did you not, sir., tell us it was illegal?
Mr. Castaneda: I did not say that it was illegal.
Commissioner Dawkins: What did you say?
Mr. Castaneda: I thought that it would be difficult because of the benefit to
low and moderate income individuals.
Commissioner Dawkins: Well, that's illegal.
Mr. Castaneda: No, no, no, that's a different thing and that I supported the
position that we would fight for it. And we fought it with the federal
government for three years. I think that we...
Commissioner Dawkins: OK. Go head, all right, go ahead
Commissioner Alonso: Yes, I have some questions. So, in f.act...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Odio: Teatro Marti? No, I don't have money for anything else.
Commissioner Alonso: Let's go to Teatro Marti in a minute. Let's finish with
the Playhouse first. We are getting all confused.
Mayor Suarez: Yes, because I we're all going to want to ask about Teatro
Marti.
Commissioner Alonso: OK, let's see the Playhouse. The way I understood that,
it was we were going to give $50,000 a year, but in fact, what we are doing,
it's giving them the two hundred thousand this year.
Vice Mayor Plummer: No, for five years.
Commissioner Alonso: For five years, $50,000 a year.
Vice Mayor Plummer: Right.
Commissioner Alonso: Is that right?
Vice Mayor Plummer: That's in effect what we're doing - seventy, with the
interest.
Commissioner Dawkins: That's not right, Commissioner.
Commissioner Alonso: Because I'm...
Mr. Odio: What we're saying is, they already have this money...
96 January 10, 1991
Commissioner Alonso: First, it was told a concrete yes, $50,000 a year, and
then it's two hundred.
Mr. Odio: No, no.... wait, let me explain it one more time.
Commissioner Alonso: Yes, please.
Mr. Odio: They already have the money.
Mr. Castaneda: Yes, right.
Mr. Odio: The money was given to them three years ago.
Commissioner Alonso: I know they got the money and they are supposed to pay
back, and in lieu of money, we had given them the $50,000 a year, but...
Mr. Odio: OK, now, in lieu of them paying back, we're saying to them, we will
pay for you, but don't ask the City for anymore money for the next five years.
Commissioner Alonso: OK, let me put it this way. If we were to say, no,
today, they will have to come forward with two hundred thousand?
Mr. Odio: That's correct.
Commissioner Alonso: Right away.
Mr. Odio: Right now, yes.
Commissioner Alonso: So, actually, what we are giving is two hundred
thousand.
Mr. Odio: Yes.
Vice Mayor Plummer: But a precluding statement that says that they cannot
come back to this Commission for any financial help for the next five to seven
years.
Commissioner Alonso: Five years.
Commissioner Dawkins: But, how can you tell every other agency that's been
here all this year, and we have turned them down saying they have - we have no
money? And told them, go back, there is no money, and now you're going to
tell me that for each year, with having no money, you were going to give, you
were going to assume that we were going to give the Coconut Grove $50,000.
So, on the assumption that we were going to give this money, we're going to
underwrite it.
Vice Mayor Plummer: No. First of all, Commissioner, the money was in the
budget for this year. We knew last year that it was going to be denied by the
feds, and, as such, would have to be picked up this year in general fund,
which it was. OK? Let me give you just a little bit of history.
Mayor Suarez: What was the reason, by the way, when you tell the history for
the disallowance by the federal government? It's not a target area or...
Vice Mayor Plummer: Standard answer.
Mr. Odio: No, it did not meet the criteria where it would have created jobs
in the private areas, and we tried to show them that it was in Coconut Grove,
that we areas in the immediate areas that were in need, and just... we tried
every single thing that we knew what...
Commissioner De Yurre: Well, how many jobs did it provide?
Mr. Odio: When they came down here they said that they did not provide any
jobs in the private areas. And therefore...
Commissioner De Yurre: What was...
Vice Mayor Plummer: OK, I think if I give you a little bit of history, you'll
understand how this thing came about. This Commission was the one who joined
hands with them and said of the big development that was to take place, as you
97 January 10, 1991
-44
might recall, the rebuilding of the Playhouse, a parking structure, and
retail. It was a joint venture between the Playhouse, the State of Florida,
Off -Street Parking Authority, and private enterprise. What has happened
subsequently is that, that deal which was to be put together fell flat. The
man who was of the private sector pulled out, and he left them with a
situation which they cannot live with at the present time because without the
retail, the other part of it wouldn't fly. At that time, the City of Miami
deemed the Playhouse as a part of this community. As you might recall,
Commissioner, we were giving them a grant every year for $50,000. It was the
desire that if we gave them the total two hundred, that at worst, we would
have to wait four years and give them no money at the $50,000 a year they
would bring it back to the City. What has subsequently happened to that is
the fact that this expansion is not going to go through. We hit a budget
crunch this year, and could not give them, as we had in the past, a grant, and
that is where we are today. The money has already been paid, the money is
already in the budget for this particular year because we were forced to do
such. What we're saying here is, in lieu of giving a grant, in lieu of trying
to almost somewhat close this place down, that we give them, for the next five
years, a preclusion from coming back to this Commission asking for any further
funds. That's where we are today. Now, maybe that will help you, maybe it
will confuse you, but that's where we are.
Commissioner De Yurre: Do we have a motion?
Vice Mayor Plummer: I made a motion to approve as indicated on the agenda for
item 18.
Commissioner De Yurre: OK, I'll second.
Vice Mayor Plummer: And there was a second.
Commissioner De Yurre: Was there...
Vice Mayor Plummer: Excuse me?
Commissioner De Yurre: There was a second, right?
Vice Mayor Plummer: Yes.
Commissioner Alonso: Yes, I did.
Commissioner De Yurre: OK.
Vice Mayor Plummer: No, Commissioner...
Mayor Suarez: OK, on the item...
Commissioner Alonso: And you say the money is available, because you had it.
Vice Mayor Plummer: It's in the budget.
Mayor Suarez: With the provision of not coming back in the next five years...
Vice Mayor Plummer: Five to seven, depending on as long as the loan is not
repaid in full.
Mayor Suarez: Which I get a kick out of your saying five to seven. A
prohibition cannot be five to seven. It's either five or seven. Now, if you
want to make it seven, we'll make it seven. You want to make it five, you
make it five. It cannot be a range, come on.
Vice Mayor Plummer: What's the actual wording?
Mayor Suarez: In any event...
Vice Mayor Plummer: Make it seven.
Mayor Suarez: ...whether it's five or seven or five and a half or six, all
right?
Vice Mayor Plummer: Make it seven, Mr. Mayor,
98 January 10, 1991
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Mayor Suarez: With that, I hope we clarify - and this is particularly true as
to any Commissioner who wasn't here at the time of this deal, this deal was
made, apparently ill fated deal, and certainly Commissioner Alonso, maybe
Commissioner De Yurre - that the signal be sent that the City, as much as we
love the Coconut Grove Playhouse and similar enterprises, is not able from the
General Fund to do this kind of thing. And, if CDBG monies were not available
which are, by nature discretionary, and by nature to be used in target areas
with the right jobs promotion component, etcetera, then we throw up our arms
and say, well, you just have to go to the County, you have to go to the state,
you have to go to the private sector. Then I can vote favorably to it. I was
not aware of this feature when I discussed it with you before, but - and I'm
referring to the director and board member who are here - in deference to
something that I know I voted favorably on and that we've apparently put you
in a quandary here, I'll vote favorable to it now, and to keep that facility
going. It is a worthwhile effort, but it is just not any longer the
priorities that the City can maintain. We just have other things, people
being fed, people being housed, people being given essential municipal
services, and it's got to clearly be the last one. I'm glad you put the
provision of the next seven years.
Commissioner Dawkins: Mr. Mayor...
Mayor Suarez: ...to clarify for our successors. Commissioner Dawkins.
Commissioner Dawkins: I was here, and as Mrs. Armbrister can attest to the
fact, I am the one who voted against it. Not whether that I was against
Coconut Grove Playhouse, it's that I did not believe at that time that the
project would go. I explained to all of them that we had enough commercial
empty spaces around the Playhouse then. We did not need any more commercial
ventures there, and they were going to put a parking garage which the
neighbors, Ms. Armbrister and those did not want the traffic dumped on their
streets, and it was pushed through. Not that I have anything against the
Coconut Grove Playhouse on this issue, but I will vote no to be consistent. I
voted no against it the first time, and I will vote no now.
Mayor Suarez: We have a motion and a second. Any further discussion? If
not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-28
A RESOLUTION APPROVING THE CAPITALIZATION OF THE DUE
PRINCIPAL AND INTEREST FROM THE COCONUT GROVE
PLAYHOUSE, INC., LOAN IN THE AMOUNT OF $200,000 AND,
CONDITIONALLY CONVERTING SAID LOAN INTO A GRANT OF
$50,400 A YEAR FOR FIVE YEARS REPRESENTING THE CITY'S
FINANCIAL CONTRIBUTION TO THE COCONUT GROVE PLAYHOUSE,
INC.; FURTHER CONDITIONING THE HEREBY WAIVER OF THE
PAYMENT OF PRINCIPAL AND INTEREST TO BE RESCINDED
WITHIN NINETY (90) DAYS IN ACCORDANCE WITH THE CALL
PROVISIONS OF THE EXISTING AGREEMENT AND FURTHER
STIPULATING THAT THE COCONUT GROVE PLAYHOUSE, INC.,
WILL NOT REQUEST ADDITIONAL FUNDING FROM THE CITY
DURING THE TERM OF THIS LOAN; FURTHER PROVIDING THAT
ALL OTHER TERMS AND CONDITIONS OF THAT AGREEMENT
REMAIN IN EFFECT.
(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:
99 January 10, 1991
r,
AYES- Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
Vice Mayor Plummer: Mr. Mayor, may I, for the purpose of the record,
introduce the artistic director, Arnold Mittleman, chairman of the board, Judy
Weiser, who are here in the audience.
Mayor Suarez: Yes, I said member of the board, I guess, chairperson of the
board would be more accurate.
Vice Mayor Plummer: She used to be a member, then they selected her to be
chairman.
Mayor Suarez: Won't mention anything at all about the City Hall sign, as long
as you're here in deference to you and your well meaning husband...
Vice Mayor Plummer: I'm sorry, Judy, I should have never mentioned your name.
Mayor Suarez: ...and our well meaning Manager, et cetera, et cetera. It's
ordered. The City Hall sign is ordered. That's for Miami Herald consumption.
Commissioner Alonso: Now, Mr. Mayor, are we going to talk about the Marti?
Mayor Suarez: Yes, we, in fairness, should, and I think the item was first
brought up today by Commissioner De Yurre. I think it's on the agenda anyhow.
Isn't the...
26. (A) APPROVE FUNDING FOR PRODUCTION OF AN ANTI -SUBSTANCE ABUSE PLAY
IN CONJUNCTION WITH COCONUT GROVE PLAYHOUSE.
(B) ALLOCATE $200,000 (ON A LOAN BASIS) TO TEATRO MARTI FOR
IMPROVEMENTS REQUIRED BY CODE ENFORCEMENT BOARD.
Commissioner Dawkins: But, before we get any farther, what about the hundred
thousand dollars for some drug program? -where is that?
Vice Mayor Plummer: Oh, twenty-nine, I believe. Yes.
Commissioner De Yurre: That's down the road a piece.
Mayor Suarez: Related item to the Playhouse from Law Enforcement Trust Fund.
Commissioner Alonso: The Police playhouse.
Vice Mayor Plummer: Right.
Commissioner Dawkins: Do that now.
Commissioner De Yurre: Well, do you move it?
Mayor Suarez: Very creative application of Law Enforcement Trust Funds.
Commissioner Dawkins: I move to deny.
Vice Mayor Plummer: OK, may I - there's a motion, if it's second, may I
discuss?
Mayor Suarez: So far, the motion that's been made is to deny it. To not
approve it. So, if you want to second that.
Vice Mayor Plummer: No, I don't.
100
January 10, 1991
Mayor Suarez: OK, do we have a second on the motion to disapprove that? Are
you making that?
Commissioner Dawkins: No, I'm... all I'm saying...
Mayor Suarez: You're inclined to deny or are you moving?
Commissioner Dawkins: OK, now, OK, so the motion died for the lack of a
second. In the event - no, I move that this be continued, and at the next
meeting you come back and tell me how you're going to give $100,000 to a black
struggling artist company out here who could put on plays, and a Latin one.
And I want you to come back with $300,000 to give $100,000 to each struggling
acting company out here where everybody out here is trying to get youngsters
involved, and let's just spread the wealth around. So I move that this be
continued, and that they come back at the next meeting and tell me where you
got $300,000 to give to, or take this $100,000 and split it between three
groups.
Mayor Suarez: So moved to continue.
Vice Mayor Plummer: Under discussion.
Mayor Suarez: Yes, why don't we second for discussion? Vice Mayor, second it
for discussion at least, move the continuance. I'll second it for discussion.
Go ahead.
Vice Mayor Plummer: Mr. Mayor, let me - it seems like I'm the defender around
here today. This is not a request of the Coconut Grove Playhouse. Let's make
that clear. This is a request of the Police Department. The program that is
to be put on is to start on January 29th? Twenty-ninth. We have received
through this program interest from nationwide. This is a program that the
Chief, himself, has put his greatest - but not his greatest - his approval on.
It is a program that will be taken into the schools by a professional group.
So I don't want you to feel that the Playhouse themselves are asking that this
grant be given. They are doing this at no profit to the Playhouse. It is
exactly what it is costing, as I recall it will go into 56 different
schools...
Lt. Joseph Longueira: Seventy-eight performances.
Vice Mayor Plummer: Seventy-eight performances in schools. It is program
coordinated with the Police Department for anti -drugs, anti -dropout. CNN has
shown an interest in showing this nationwide. Commissioner Dawkins, I would
have no problem if the Chief of Police came here and had the funds from this
same fund to do a black and a Latin, but I would hate to see this program
which is to be implemented on the 29th, to be defeated here today, because I
don't think it could be revived at a later date under the same circumstances,
terms, and conditions.
Lt. Longueira: It's got to match.
Commissioner Dawkins: Commissioner Plummer...
Vice Mayor Plummer: What?
Commissioner Dawkins: ...I could buy that...
Lt. Longueira: There's a match.
Vice Mayor Plummer: Yes, this is a matching grant, by the way.
Commissioner Dawkins: Who else is giving $100,000 to match it?
Lt. Longueira: Sir, there's...
Commissioner Dawkins: Who else is giving $100,000 to match it?
Vice Mayor Plummer: The school board is involved.
Lt. Longueira: I believe the school board is giving $45,000 and...
Commissioner Dawkins: Who else is giving $100,000 to match it!
101 January 10, 1991
Lt. Longueira: And Ryder Truck is giving the balance. For a total of a
hundred thousand.
Vice Mayor Plummer: It's corporative...
Commissioner Dawkins: Who else is giving a hundred thou... if it's a matching
grant, who else is giving $100,000 to match it?
Mayor Suarez: It's a combination of the two.
Vice Mayor Plummer: Forty-five from the school board, and the rest from Ryder
Truck.
Commissioner Dawkins: OK, all I'm saying is, I've had blacks who come up here
struggling - over there at that Bakehouse Complex - attempting to put on
plays. I've had Latin groups, just like this theater, that come and want to
put on plays, OK? But it's always when somebody wants some money for
something, they can find a way to get it. And when they want to say no, they
can say no automatically. Now, if you people, see, and I think Commissioner
Plummer brought it up, the Chief can recommend what to do with this money, and
so can the City Commissioners. And I'm recommending that the Manager - Mr.
Manager...
Mr. Odio: Yes, sir.
Commissioner Dawkins: You come back at the next Commission meeting with a
Latin group and a black group, and I'm going to recommend that we given them
$100,000 a piece. If you wipe out the pro.... if you wipe out the fund, you
wipe it out. But you're going to be consistent here, or nothing at all.
Lt. Longueira: Commissioner...
Mayor Suarez: Yes, and we have been making an effort, lieutenant, Mr.
Manager, to gain a certain and give a certain coherence to the Law Enforcement
Trust Fund monies so it does not appear as a sort on -the -spot proposal that
the Commission approves when it is initiated from the Manager's office or from
the Chief's office or from a particular interested group, in this case a
worthy group, whatever. Most of the time, a worthy group. But that it has
some coherence to it. And his proposal to give universal application to it
and be fair to other groups in other parts of the City, isn't entirely
correct. And, if that's what the motion is as opposed to a motion to
continue, that we try to identify and that we do identify $200,000 from the
Law Enforcement Trust Fund to match for other neighborhoods in the City, and
other program, as defined by Commissioner Dawkins in terms of the minority
composition, et cetera, that makes sense to do.
Vice Mayor Plummer: I have no problem with that.
Lt. Longueira: Mr. Mayor, this is going to service those areas.
Mayor Suarez: Yes, and you don't, I'm sure, but the lieutenant apparently is
going to have some.
Lt. Longueira: This is going to service all of those areas. The fact that
it's the Playhouse, that's one issue. Who they get to do the play, is a
different issue.
Mayor Suarez: Yes, I know that, lieutenant, but it is a matter of some
concern to those of us who are here that as worthy as this group is, and as
artistically valuable as their particular program is, somehow we weren't as
creative with Teatro Marti, with the experimental theater up at the Bakehouse
Art Complex, et cetera, et cetera. And that somehow seems to give the
impression - whether it's correct or not - that we're not being fair to the
entire community. That's the only point being made. You can't possibly pick
a...
Lt. Longueira: But, sir, this is not an artistic play. This is drug and...
Mayor Suarez: It's not an artistic play. It is an informational play.
102 January 10, 1991
Lt. Longueira: Yes. And it's followed by counselors that stay after so the
kids can talk to them. It's followed by a program that the teachers can
follow up in class.
Mayor Suarez: It's an educational, informational...
Lt. Longueira: It's not an artistic group that wants to do something that
doesn't apply to Police and law enforcement.
Mayor Suarez: I am sure the other ones will be tailored to have the same
impact. I am sure of that, and Commissioner Dawkins is sure of the other ones
being tailored to have the same impact, because that is the definition of the
Law Enforcement Trust Fund guidelines, so it will have to be that way. And
they were very creative in doing that. They're artists, that's why they're
creative. Commissioner Dawkins.
Commissioner Dawkins: One last question.
Lt. Longueira: Yes, sir.
Commissioner Dawkins: As a policeman, where is the bulk of the drug program?
I mean problem, problem. Where is the bulk?
Lt. Longueira: The bulk?
Commissioner Dawkins: Of the black - of the drug program?
Lt. Longueira: It depends how you want to look at it.
Vice Mayor Plummer: Grand and Plaza, Douglas and Percival.
Lt. Longueira: I'd say, the drug programs throughout the City. If you're...
Commissioner Dawkins: No, no, no, no. No, drug problem, not program, drug
problem.
Lt. Longueira: The drug problems throughout this City. If you're asking
about street sales, that's another issue.
Commissioner Dawkins: No, where is the... OK, all right, I'm not going to
play with you. The bulk of the drug problems are in the black community, and
if you're talking about getting to them, you should have had a black touring
group. Now, I don't understand how you and the Chief could decide that
Coconut Grove Playhouse is the one who should be the one reaching these little
black boys and girls who are dealing in drugs instead of going to the Caleb
Center or the Cultural Arts Center on 22nd Avenue or the Miami -Dade Community
College downtown or somewhere and put this on. OK? Now, but yet and still,
like I say, when you want to do something, you all find a way to do it. But
you don't consider... you don't consider us up here. You just come and bring
it to me and say, hell, now, if you all don't do this, you're going to lose
the money from Ryder, you're going to lose the money from whoever it is, but
we're going to give them $100,000 and we're going to go nationwide and the
City of Miami Police and little black boys and girls are still standing on the
corner selling drugs.
Lt. Longueira: We think our program will reach those people, sir.
Commissioner Dawkins: It won't, unless... well, I tell you, for my vote until
you show me where you got $100,000 for each place, I'm not voting for this.
Mayor Suarez: OK, do we have a motion on the floor?
Vice Mayor Plummer: Mr. Mayor, I will make a motion. Whether or not...
Mayor Suarez: I know we have the disabled...
Vice Mayor Plummer: ...it passes is a different story, but I'll make the
motion.
Mayor Suarez: All right, so moved as to item 29. Do you want to put the
rider of getting a report back on how we can apply Law Enforcement Trust Fund
monies to similar programs in other...
103 January 10, 1991
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Vice Mayor Plummer: I have absolutely no objection to that, sir.
Mayor Suarez: OK, and getting a report back from the Manager on that. So
moved.
Commissioner Alonso: I second.
Mayor Suarez: Seconded. Any discussion?
Commissioner Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I'm going to vote no, because I have a feeling that
when you come back with the other two, I'm going to be told that you have no
money, and if we hold this up now and you come back and tell me you have no
money, then it could be divided 33 thousand, 33 thousand, 33 thousand, and let
somebody match the 33 thousand. I'll be voting no. Let it go through.
Mayor Suarez: OK, we have a motion and a second. Just one question, if
anybody knows. Just by any chance, if you have the answer, you don't - you
may not. The traveling group or the particular group that's going to carry
this out, it's determined at this point who exactly they would be, the people
involved? Arnold was saying, yes, and you're saying no.
Lt. Longueira: The actors and everything?
Commissioner Dawkins: Sure, the same people who work for the Coconut Grove
Playhouse now, keep working, and get a paycheck.
Commissioner Alonso: If it's going to be the 29th, it.....
Vice Mayor Plummer: It's got to be.
Commissioner Dawkins: Come on, you all....
Mayor Suarez: OK, Arnold, as long as I delve this far into the water, let me
ask the rest of the question which is, do you have any idea of the ethnic
breakdown of the individuals, Howard?
Vice Mayor Plummer: Come up to the microphone.
Commissioner Dawkins: I'm through for the day.
Mr. Arnold Mittleman: Arnold Mittleman. The play as constituted now is based
around a lead of a black man played by a black actor. There are two other
black actors in the company, three Hispanics, and two Anglos, and the target
audiences are predominantly aimed at inner -City schools, junior/senior high
schools, and other outlying in...
Mayor Suarez: All right.
Mr. Mittleman: Thank you.
Mayor Suarez: In view of the fact that we approved the City Manager's
contract, if you get Cubans involved, make sure they're not rowers. Make sure
you get some basketball players. All right.
Commissioner De Yurre: As a question, besides...
Mayor Suarez: We have a motion and a second.
Commissioner De Yurre: Mr. Mayor, for discussion.
Vice Mayor Plummer: Did I miss something there?
Commissioner De Yurre: Of the members that we're talking about, Arnold, how
many of these are local people? I mean, like grew up in this community?
Vice Mayor Plummer: Sure, I was born here.
104 January 10, 1991
Commissioner De Yurre: He was here with Flagler in those days.
Mayor Suarez: He was born when it was called Miama.
Mr. Mittleman: I think one or two are from the actual area of having been
raised in Miami, but in general, this is a group that is constituted from our
intern program who have come to Miami now for the year and are living in the
community as part of a program we run at the Playhouse. And they are the
company that is being used for this purpose.
Commissioner De Yurre: And at the end of the year, what happens then? -they
go back to where they came from.
Mr. Mittleman: Well, Roz Ryan stayed in this town forever. So, I don't know.
I have no idea...
Commissioner De Yurre: No, I'm saying...
Mr. Mittleman: I have no idea.
Commissioner De Yurre: ...historically.
Mr. Mittleman: I have no idea.
Commissioner De Yurre: The whole concept then, and I'm a firm believer, is
that, you know, build up within and have our own people as they grow to be a
part of the solution.
Mr. Mittleman: Historically, Commissioner De Yurre, some of the people we've
brought in as interns have decided to stay, and about half a dozen of those
from last year are working at the Playhouse now, and have become citizens of
Miami. But I can't speak for the fact as to whether or not, in fact, they
will stay in Miami.
Commissioner Dawkins: But, when you say so though... but. you're saying, I
hope you would, that the reason they come is they train and get the skills
that would take them to Broadway or someplace else, so, therefore, move on
rather than staying here. Would you say that?
Mr. Mittleman: In this case, this is a particular group of pe...
Commissioner Dawkins: No, I'm just saying that the thrust of the Playhouse is
to get people in and give them skills that they don't need... I mean, to move
on. Is that....
Mr. Mittleman: Not necessarily, I think what's happening in the Greater Miami
area is that there is enough vibrancy occurring here so that a great many
people are moving here to participate in theater, in film, in opera and
ballet. And I think we're seeing a burgeoning arts development in Miami
that's very exciting. And a lot of friends of mine are coming here from Los
Angeles and New York to become part of Miami.
Commissioner De Yurre: Did you approach Chief Anderson with this concept or
did he come looking for you?
Mr. Mittleman: It was a marriage made in heaven. No, we...
Vice Mayor Plummer: And - excuse me...wait a minute, wait a minute now.
Mayor Suarez: Arnold, you're sounding like a politician now.
Vice Mayor Plummer: You've got to understand what he meant by that statement.
It came about...
Commissioner De Yurre: I don't want to touch that one.
Commissioner Alonso: Has he been here for a long time?
Mayor Suarez: Yes.
Vice Mayor Plummer: It came about, as I recall, between Arnold and the top
administrator of the Police Department on an airplane going on a trip
somewhere, and that's where actually the seed was buried and developed from.
105 January 10, 1991
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Mayor Suarez: Aha!
Mr. Mittleman: That's our inside joke.
Commissioner Alonso: Wonderful.
Vice Mayor Plummer: So, it's close to heaven. About as close to heaven as
they're ever going to get.
Mayor Suarez: OK. It is again interesting that Teatro Marti is located in a
part of the City where this kind of a program would have particular impact.
And, really, I hope that our administration is as creative, lieutenant, Mr.
Manager, in solving their particular funding problems, both capital and
operating, as you have been with Coconut Grove Playhouse. Because there
you're in the neighborhood already. That neighborhood is plagued by the very
thing you're trying to stop with this program, and you wouldn't even have to
go taking them too far from the actual theater. Probably in the parking lot
behind the theater you would have some of that activity going on. So, once
again, we're back to the starting point. We have a motion and a second.
Vice Mayor Plummer: On 29.
Mayor Suarez: There's no earmarked amount, but there is the statement in
principle, as a rider that we get back a report on possibly doing the same
kind of things in other parts of the City to the tune of another $200,000 for
Law Enforcement Trust Fund monies. Once we have overcome the obstacle of
making sure this is earmarked correctly, which you have done creatively,
perhaps it can be done in other parts of the City. Any discussion? If not,
please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-29
A RESOLUTION APPROVING THE FUNDING OF A PRODUCTION OF
AN ANTI -SUBSTANCE ABUSE PLAY, IN CONJUNCTION WITH THE
COCONUT GROVE PLAYHOUSE, AT A COST OF $100,000;
FUNDING TO BE PROVIDED FROM THE LAW ENFORCEMENT TRUST
FUND, UPON 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 Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
=' Commissioner De Yurre: I'm going to vote yes because of the fact that it's a
program that's a good program, and it be detrimental to the kids out there to
stop it for any particular reason. But I do, again, our sentiments should go
directly to the Law Enforcement Department and understand what we're talking
about in that we give opportunity to the other groups that we have in our
community to participate in being a part of the solution. I vote yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: I'm trying to be fair here. I know, Mr. Commissioner, that you
have the Teatro Marti people here at your prerogative. I also have the
106 January 10, 1991
"Dignity for the Disabled" and they need to be out of here by 4:00 o'clock.
Danny Wood. No?
Commissioner De Yurre: This is going to be real quick.
Mayor Suarez: All right, OK, we'll just keep going then. What did you want
to do further with the Teatro Marti?
Commissioner De Yurre: Understanding, first of all, that...
Mayor Suarez: I mean, we've discussed it sort of around...
Commissioner De Yurre: Yes, what they're seeking is not to improve to the
point that additional monies are made. This is a requirement by the Code
Enforcement, the Code of our City, that certain work be done as far as fire
prevention. It isn't anything, it isn't additional paint, it isn't additional
seating. And what's happened is, the Code Enforcement Board has told them
that from now on, they have to pay fine of $250 per day as long as they remain
in violation. They don't have the funds to fix it, they're going to remain in
violation. there is no way to salvage something that is very, very important
to our community here in the City of Miami. And just like...
Mayor Suarez: Can we legally suspend the application and the fine pending
certain conditions and guarantees from them?
Mr. Jorge Fernandez: No, you cannot.
Vice Mayor Plummer: Well, but that... wait....
Commissioner Alonso: Well, why don't we address the problem of the loan of
the $200,000 that was promised to them? And I'd like to address that problem
first, and I'd like some answers from the administration. I was told in my
office that these people were - the property was worth $800,000. Is that
right?
Vice Mayor Plummer: No, that's not eight hundred clear.
Ms. Consuelo Luque: Yes, and we bring the papers.
Commissioner Alonso: OK.
Mr. Pablo Perez Cisneros: Yes, that was part of the loan.
Commissioner Alonso: I had Frank at my office, the people from the Teatro
Marti, and we discussed price of the building, and I was told in the
neighborhood of $800,000. I was made to believe that they had only one loan
on the property, one mortgage, $180,000. Right?
Ms. Luque: How much?
Commissioner Alonso: One eighty.
Ms. Luque: No, it as almost like two thousand.
Commissioner Alonso: Two hundred thousand. OK, round figure, two hundred.
Ms. Luque: Nearly, yes, yes.
Commissioner Alonso: OK, if that is the case, don't we have ample guarantee
on that property?
-1 Vice Mayor Plummer: No, there's a mortgage.
Commissioner Alonso: What kind of mortgage?
Mr. Cisneros: Well, Commissioner....
Commissioner Alonso: Because I've been trying to get an answer in this City
of Miami as to how many mortgages do they have on the property? No one seems
to give me any answers.
107 January 10, 1991
Mr. Cisneros: Commissioner, let me tell you. I was at the loan committee
representing the City when this loan was discussed at Miami Capital. Number
one, there were two loans involved here which are...
Commissioner Alonso: They waited too long?
Vice Mayor Plummer: No, two loans.
Mr. Cisneros: No, no, no. There were two loans involved in the property.
And number two, we just broke the deal actually.
Commissioner Alonso: How much?
Mr. Cisneros: Two hundred and some odd thousand dollars one, and about a
hundred and fifty thousand dollars the other one, a hundred and thirty,
something to that.
Ms. Luque: No, no, no, no. One is $200,000, the other one is around sixty,
that they were willing to go after the third one and another one. Those
things that I really don't know.
Mr. Cisneros: Right, OK, there was a question...
Commissioner Alonso: Two hundred and sixty thousand.
Mr. Cisneros: Approximately. There was also an...
Mayor Suarez: Against the value of what? -about eight hundred thousand?
Mr. Cisneros: There was an appraisal for approximately $800,000 on the
property.
Vice Mayor Plummer: It doesn't come out to that, nowhere near.
Mayor Suarez: Eight hundred thousand.
Mr. Cisneros: The reason that the... the reason which is the most important
one and why the loan committee decided against it, and they told it very
clearly and they told me, please bring back to the City Commission, is that
Miami Capital has no interest whatsoever in keeping that property, and the
business does not generate and will not generate sufficient funds to pay the
obligation.
Vice Mayor Plummer: That's so true.
Mayor Suarez: OK.
Mr. Cisneros: So, therefore, Miami Capital...
Mayor Suarez: Wait a minute, he's cutting - he's trying to explain it, but
he's not making it clear. Now, I know what you're saying. You're saying, the
property is enough to sustain these two mortgages into appropriately cover the
City and assure the City, except that...
Vice Mayor Plummer: There's a mortgage besides the two loans.
Mayor Suarez: ...we don't particularly want to have to foreclose and end up
owning the Teatro Marti.
Mr. Cisneros: That's correct.
Vice Mayor Plummer: No, no, no, Mr. Mayor, excuse me...
Mayor Suarez: But you're also saying, I think - wait a minute, see if I got
it right - that it is not clear from a financial analysis that they can pay...
Mr. Cisneros: They can't pay.
Mayor Suarez: ...the payments on the loan. They just don't make enough money
to do that.
Mr. Cisneros: They don't make enough money to pay for the obligation.
108 January 10, 1991
Mayor Suarez: OK, so we've got to figure out a way to solve this.
Commissioner Alonso: How much is the monthly payment? May I ask, how much is
the monthly payment that you have right now?
Ms. Luque: The monthly payments in the mortgage?
Commissioner Alonso: Yes, for these two loan... yes.
Ms. Luque: OK. Five thousand.
Commissioner Alonso: Five thousand a month?
Ms. Luque: Yes, but the problem is that all the payments are - I mean I
write, they checked, and he has great credit history so the payments are OK.
They told him about it.
Vice Mayor Plummer: Question. Is it not my understanding, first of all, this
property is assessed on the tax rolls for $340,000. OK?
Mr. Cisneros: That's correct.
Vice Mayor Plummer: That's the assessment.
Mr. Cisneros: That's the assessed value.
Vice Mayor Plummer: And we all know that that's not one hundred percent. But
we all know that it's roughly eighty. Now, where this $800,000 figure comes
from, I don't know.
Ms. Luque: From an appraisal.
Mr. Cisneros: It comes from an appraisal for 1985.
Vice Mayor Plummer: OK, wherever it came from, OK? Now, is it not my
understanding also that the two loans that are outstanding, whatever they are,
the two fifty or the three hundred thousand, in addition to that, there are
mortgages. There is a mortgage on the place.
Mr. Cisneros: Yes, there is a mortgage on the place, of course...
Vice Mayor Plummer: The question has to come down to the bottom line. What
is the equity on that location presently? The equity with the last time I did
the numbers was under a hundred thousand dollars.
Mayor Suarez: You must have assumed the value to be the appraisal, by the
property appraiser.
Vice Mayor Plummer: Sir, I can't. It's been a year ago, Mr. Mayor. OK?
Mayor Suarez: All right, if you assumed instead the appraisal value of eight
hundred thousand, what is the equity over and above the existing mortgages?
Mr. Cisneros: The equity may be three or four hundred thousand dollars.
Mr. Castaneda: I think what the Commissioner is doing, he is discounting the
appraisal and going by assessed value in determining the value.
Vice Mayor Plummer: I fully said that the appraisal is not one hundred
percent. I said that.
Mayor Suarez: I am sure he is, that's what I just said. Thank you. Now, I
am positing a different analysis. If you assume the eight hundred thousand
dollars, what is then the equity? What is the first mortgage, is what I'm
saying? Or any and all mortgages that exist on the property now?
Vice Mayor Plummer: Well, I think we should ask of them, how much is your
outstanding mortgage?
Mayor Suarez: How much do you owe on it now?
109 January 10, 1991
o �
Commissioner Alonso: Two sixty.
Vice Mayor Plummer: Not the loans, the mortgage.
Ms. Luque: The mortgage is two hundred thousand.
Commissioner Alonso: Two sixty.
Ms. Luque: I mean, he paid the building and he mortgaged it because of, you
know, the change.
Mayor Suarez: Oh, that's the question you asked before. I thought you were
asking.
Commissioner Alonso: That's the question I asked.
Vice Mayor Plummer: That's what I'm asking.
Mayor Suarez: Oh, oh.
Commissioner Alonso: No, no, no, the mortgage that they have on the property,
existing mortgage, two sixty.
Ms. Luque: Two hundred thousand.
Mayor Suarez: The existing mortgages.
Ms. Luque: Two sixty? Yes.
Mr. Cisneros: There is an existing mortgage and then there is a loan.
Commissioner Alonso: On top of the two sixty?
Vice Mayor Plummer: Yes.
Commissioner Alonso: Please give us all of the numbers. Two sixty, plus
what?
Ms. Luque: No, no, no, the building...
Mr. Odio: What....
Ms. Luque: No, no, no, the building is only two hundred and sixty.
Mayor Suarez: Please! Wait, wait, wait. OK, you want to try this? We want
to know how many loans are guaranteed by this property...
Ms. Luque: Only two.
Mayor Suarez: ...and are encumbering the property. Total amount.
Commissioner Alonso: Two sixty.
Ms. Luque: Only two sixty.
Mayor Suarez: Two hundred and sixty thousand dollars worth of loans. Do we
agree with that?
Commissioner Alonso: So, don't mention any more then. Two sixty is the
amount.
Mr. Cisneros: Yes, that's correct.
Commissioner De Yurre: OK, I'm ready to make a motion...
Commissioner Alonso: And how much is that property? Is it worth what?
Mr. Cisneros: Well, according to the assessed value, it's worth over three
hundred and some odd thousand dollars.
Commissioner Alonso: Oh, don't talk to me about the assessed value, please.
110 January 10, 1991
Mr. Cisneros: Commissioner, the only thing I have is an appraisal from 1985.
It's not a current appraisal, I can tell you that...
Commissioner Alonso: And is this a normal way to do business of the City of
Miami? Shouldn't we have looked in such a long time to identify how much is
this property worth?
Vice Mayor Plummer: Excuse me...
Mr. Cisneros: Well, we're not going to ask him.
Commissioner Alonso: How can they say, yes, they have enough equity when you
don't know how much the property is worth?
Mr. Cisneros: Commissioner...
Vice Mayor Plummer: We did a year ago. When this matter, a year, a year and
a half ago, came up.
Commissioner Alonso: OK, and how much was....
Vice Mayor Plummer: We went into it extensively, and I'm sorry that I did not
know it was coming up today, because I have a file that is very thick on this
particular situation. And at that particular time was not even the problems
existing with the sales tax in the State of Florida with their liens. Now, if
you want to discuss it, I'll go dig up all of that material. There are about
three or four different corporations that own this piece of property.
Ms. Luque: No, that's not...
Mr. Cisneros: No, that's not it.
Vice Mayor Plummer: Then you've changed it since the...
Ms. Luque: No, no, no, no, it was almost the same. Eighteen Thirty owns the
building, and that's it.
Vice Mayor Plummer: Well, but that's the building and property, as I recall.
The actual business that runs the theater is a different corporation.
Ms. Luque: Teatro Marti, but the owner of the building is Eighteen Thirty.
Only one corporation.
Vice Mayor Plummer: OK. Ma'am, all I said was before that there were three
or four different corporations involved.
Ms. Luque: And they are.
Vice Mayor Plummer: When we pulled from the Secretary of State's Office, we
pulled the owners of those different corporations, there were people in there
that we could not identify in different corporations that had nothing to do.
For example - and, Mr. Mayor, I shouldn't get in - one of the properties of
the Eighteen Thirty was actually listed on Flagler Street. It wasn't the Jose
Marti Theater, and the matter was dropped when the investigation by the State
of Florida came forth and nothing went further then. At that particular time,
as you will recall, they were asking for $500,000 from the City Commission.
It was granted by the City Commission, over my vote, but it was granted at
that time, and then they had to come back and back track because the State of
Florida put in and said, hey, we want our money first. If this matter is
going to be discussed, Mr. Mayor, I would ask that it either be deferred until
the next meeting, or deferred until such time as I have my opportunity to go
back to my records and pull the records back out. I had no objections at the
last meeting when they were going to be able to get the hundred thousand
dollars plus a matching hundred thousand. I think it is worthwhile that to
the community. Even though, even though this one individual has a problem,
when you speak of a profit organization. Now, you make funds available to,
you know, I'm in business. Is this City, if I have a rough time, is this City
going to make money available to me?
Ms. Luque: Are you in the area of Marti Theater?
ill January 10, 1991
- ----------
C
Commissioner Plummer: Ma'am, I was until the City put me out. I was in that
area a hell of a lot longer than you were. Long time. And the last year I
was there, I lost $50,000, but I didn't come to this City and ask for money.
I didn't come here and ask for low cost loan.
Mayor Suarez: But that philosophical discussion has been carried out by this
Commission and we have concluded, I think a majority of us - maybe you voted
against, I don't remember - that this...
Ms. Luque: No, he vote...
Mayor Suarez: Ma'am.
Ms. Luque: ...with. I'm sorry.
Mayor Suarez: That it was a worthwhile project in a target community entitled
to and worthy to receive discretionary CDBG monies to the extent that we can
make that loan, and it might help to revitalize one of neighborhoods in Miami
that was deteriorating at the highest rate, and may still be. So, that
philosophical discussion we've had. Now we're trying to see if we are secure
in the loan monies so that we can fulfill that obligation, and we have a
dispute here as to the way to handle it in terms of whether it should be
assessed value or appraisal or a more current appraisal, certainly than the
1985 one. On that score let me just say, if I had taken assessed value of my
home when I went to make a loan application recently for construction of it, I
wouldn't have gotten a penny.
Vice Mayor Plummer: That's because Rita got hold of it.
Mayor Suarez: Right. My wife got a hold of it. And that just isn't the way
banks deal with it, Pablo, so I don't know why Miami Capital would process
this without getting a current appraisal and an appraisal possibly including
not only its current value, but the value that it will have when the
improvements are made to it, which, presumably, some of the monies for the
improvements or isn't the money for all of it.
Mr. Cisneros: All of the money is for improvement.
Commissioner Alonso: Yes, all of it.
Mayor Suarez: So, I mean, Miami Capital is acting the way it usually acts as
a bank trying to, you know, to secure our money and so on. But, it isn't, you
know...
Vice Mayor Plummer: Mr. Mayor, I have no objection, and let me go on the
record. I thought it was a very good thing for them to be able to get the
hundred thousand dollars with the matching grant. I still think that's a good
thing, as long as they can demonstrate the ability to repay the loan. Now,
that's all that I'm saying. We demanded the same thing of Gerrits this
morning, and I don't see why it should be any different in this particular
case. If this City in any way, shape, or form...
Mayor Suarez: No, no, if you had done the same thing for Gerrits that you're
doing to them, they wouldn't get a penny because the Gerrits property is
burned to the ground, and the only thing that is of value there now is...
Commissioner Alonso: The land.
Mayor Suarez: ...the ground. Thank you, Commissioner Dawkins - Commissioner
Alonso. So, if you applied the same analysis, they would have gotten
nothing...
Commissioner De Yurre: Mr. Mayor, let me make a motion.
Mayor Suarez: ...so we've got a problem here. We've got a problem here and
if the Commission wants to send it back to Miami Capital with instructions
to - or even an approval in principle - but the is do have to be crossed, as
you're pointing out. The is do have to be dotted because we've got to make
sure that, in fact, you have one corporation that your underlying mortgages do
not exceed the value of the property plus our loan with the improvements, et
cetera. And that all of the other things are done right. We do want to get
our money back because the monies to be applied would be either EDA monies, or
112 January 10, 1991
CDBG monies, or City of Miami funds. And in all three cases, we have a
situation of fiduciary duty to try to get that money back to make a sensible
loan. So...
Commissioner Alonso: But if they follow this rule, I don't know how Miami
Capital ever lends money to people.
Mr. Cisneros: Well, they do it, Commissioner, and, again, it's all based on
ability to repay.
Commissioner Dawkins: Mr. Mayor...
Mr. Cisneros: Because if they cannot pay Miami Capital, our only recourse is
to keep the property.
Commissioner Alonso: Well, my friend, I have seen some cases that I'm very
surprised they got the money, and it's...
Vice Mayor Plummer: You got two pages of them here on this agenda.
Commissioner Alonso: And they did. Exactly, so why are they making it so
difficult for these people? And I was not a Commissioner at the time that
this Commission approved the $500,000, and I have told them, had I been a
Commissioner, I would have voted against that. But I feel that the case they
have in front of us now, it's fair. They have a property which worth,
according to an appraiser, about $800,000. They only have two sixty in
mortgages. What's wrong with giving them the money?
Mr. Cisneros: How are they going to pay it if they don't produce the
revenues, Commissioner?
Commissioner De Yurre: How did the Playhouse pay you back? I mean like, hey.
Commissioner Alonso: My friend, if they close the theater, they have zero
revenues coming in.
Mayor Suarez: OK, there is also pending, an analysis, and this Commission may
or may not want to delve into that of their ability to pay it back in terms of
cash flow. Commissioner Dawkins.
Commissioner Dawkins: Mr. Mayor, we've been...
Mayor Suarez: Please, sir.
Commissioner Dawkins: We've been on this quite some time. And this started
out and Commissioner De Yurre and I attempted to make money available and then
somebody said that it was illegal. We could not make the money available that
way. Then this Commission instructed the Manager to find the way to do it.
Now, I'm at odds as to why, as Commissioner Alonso says, it has not been done.
Because the instructions -now, if I'm in error - the instructions were to get
it done. And if you could not do it, you should have come back and said to
us, hey, it can't be done. Then we could have told them it can't be done, and
we could have all of us sat down and tried to find a solution. But now we're
at the llth hour, and they've got fines and we don't have any money. But, Mr.
Mayor, I think this needs to be brought to closure.
Mayor Suarez: OK, I'll entertain a motion, however you want to state it.
Commissioner De Yurre: Mr. Mayor, let me make a motion. I move that out of
the million dollars that we have set aside for Little Havana as a loan
program, that we make available the sum of two hundred thousand out of that
pool that has been identified and it's there for this purpose to make the
$200,000 available to them. Five year balloon interest rate...
Commissioner Dawkins: One percent, the same as you gave the Gerrits.
Commissioner De Yurre; No, let' be fair, 2 percent, just like we ended up.
Two percent, balloon five years subject to again, all the legal ramifications.
It will be a second mortgage or a third. Whatever position is. If it's a
third position, we'll line up right behind what's there right now based on the
fact that they owe about two sixty and it's worth approximately the eight
hundred. On those assumptions, that the legal Department work out the
details, and that we make it available.
113 January 10, 1991
i
t
Vice Mayor Plummer: There's no way they can make....
Mayor Suarez: OK, there's conferring going on over here.
Mr. Odio: I would tell Miami Capital that $200,000 are earmarked for this.
Commissioner De Yurre: Of the million dollars...
Mr. Odio: 0£ the million dollars.
Mr. Castaneda: Of the million dollars.
Commissioner De Yurre: ...for Little Havana.
Mr. Castaneda: Two percent over five years with a balloon at the end of the
five years.
Mr. Odio: Right.
Commissioner De Yurre: That's right. Interest quarterly payments.
Commissioner Alonso: And they will verify that they have a two sixty in
mortgages over the property....
Ms. Luque: They already had everything.
Vice Mayor Plummer: And no further indebtedness.
Commissioner Alonso: Exactly.
Vice Mayor Plummer: And all liens are paid.
Mayor Suarez: That would encumber the property.
Commissioner Alonso: And verify the amount of the property.
Mayor Suarez: Right.
Commissioner Alonso: And if everything is according to what they have stated,
that's the way it should go.
Vice Mayor Plummer: May I ask a question, please?
Mayor Suarez: Vice Mayor Plummer.
Vice Mayor Plummer: What was your total gross last year - revenues?
Ms. Luque: What was what?
Mr. Odio: CUALES FUERON LAS ENTRADAS...LOS INGRESOS ANUALES DEL ANO....
Vice Mayor Plummer: What was your total gross revenues?
' Ms. Luque: QUE CUALES FUERON LAS ENTRADAS DEL ANO PASADO? I can't remember.
They have every...
Vice Mayor Plummer: You don't know?
Ms. Luque: No, I don't remember because I just started with them like three
={ months ago as secretary. But everything they have, all the papers,
{ everything....
Vice Mayor Plummer: Wait a minute, I think that we're entitled...
Mayor Suarez: But, wait, wait, that's not the line of questioning that he's
pursuing.
3:
Vice Mayor Plummer: ...somebody needs to answer that question for me.
Mayor Suarez: Well, do you have the figures there under gross receipts last
year, Pablo?
114 January 10, 1991
N
Mr. Cisneros: We don't have the file. We never knew that this item would
come up.
Vice Mayor Plummer: Because, as I see it, for a profit organization, just to
address the mortgage, which will now be, with what they owe and the two
hundred thousand proposed to be given to them, is going to be a half a million
dollars. They have got to make $75,000 in gross revenues just to address the
mortgage. And I don't believe the place is bringing in that kind of money.
Now, that's why I think that is probably what happened with Miami Capital.
Mr. Cisneros: That's correct.
Mayor Suarez: Well...
Vice Mayor Plummer: You know, if the revenues are not there, don't expect
anybody to pay. They just can't do it. And remember that you're standing in
line before... excuse me, you're standing in line after an already existing
$260,000 loan.
Mayor Suarez: I don't know where you got your figures, and I don't know if
you mean to refer to the entire indebtedness of that building...
Vice Mayor Plummer: No, sir, I'm only referring to the indebtedness that I
know of. That's $260,00; plus $200,000 is four sixty.
Mayor Suarez: As to our $200,000 at the terms proposed...
Commissioner De Yurre: At 2 percent, which is $4,000 a year.
Mayor Suarez: ...with a balloon which I understood you to mean that there
would be no principal payments. You're talking, I think, $4,000.
Commissioner De Yurre: Two hundred and fifty dollars.
Mayor Suarez: I think you're talking $4,000 a year.
Commissioner De Yurre: Three hundred and thirty-three dollars a month.
Mayor Suarez: Two percent of $200,000, I think, is $4,000 a year.
Vice Mayor Plummer: Well, I still come back...
i Mayor Suarez: In any event, a minimal amount of money, and so I think that
amount we can be secure that they will pay. There is an issue, a
philosophical issue, built into this motion whether we want to end up with
this property being ours if, indeed, the cash flow analysis shows that it's
f going to be difficult for you to pay it. Although, of course, if you do have
i the improvements presumably the thing would pick up, presumably you would have
a lot more gross receipts, presumably you could pay all of your loans and the
thing would become viable again. And, if not - and this is the other point
this Commission has made - if not, the one single fairly sizable profit making
business in East Little Havana is down the drain. The rest are small, and
part of the whole effort with CDBG funds is precisely to...
Commissioner Alonso: Save.
:11 Mayor Suarez: ...to save these communities from deterioration. So, I don't,
C you know, I understand that we don't particularly want to end up owning
properties. We've given out loans where we've ended up with nothing, Pablo,
" and you know about those. As Commissioner...
Mr. Cisneros: Some we end up with properties.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Right. So...
Commissioner Dawkins: Mr. Mayor, after the next meeting, they'll have
$100,000 because they're going to have $100,000 to put on a drug play, so
that's income right there.
115 January 10, 1991
f F F
Mayor Suarez: And then you'll be able to put on a play that is instructional
as Coconut Grove Playhouse is doing with Law Enforcement Trust Fund monies.
So you'll have a little liquidity there. All right, we have a motion and a
second.
Ij Commissioner Alonso: Yes, and what we are talking - excuse me - let me ask
them. When we are talking about the property, we are talking about the
i
theater as well as some other businesses that you have in the building. Isn't
it?
Commissioner De Yurre: All the property that they have.
Ms. Luque: All.
Commissioner Alonso: The entire property we are talking about.
Ms. Luque: The entire property.
Commissioner Alonso: Cafeteria, the restaurant...
Ms. Luque: Yes.
Commissioner Alonso: OK.
Ms. Luque: The whole.
Commissioner Alonso: Yes.
Commissioner De Yurre: Who seconded it, Miriam?
Commissioner Dawkins: Yes, Miriam seconded it.
Commissioner De Yurre: Miriam seconded it, right?
Commissioner Alonso: Yes, yes.
Commissioner De Yurre: OK, ready to go.
Mayor Suarez: All right, moved and seconded. Any discussion? If not, please
call the roll.
Vice Mayor Plummer: Let me understand...
Mayor Suarez: J.L.
Vice Mayor Plummer: ...there's no matching grant.
Commissioner De Yurre: No.
Mayor Suarez: No requirement of match.
Vice Mayor Plummer: That answered my...
116 January 10, 1991
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-30
A RESOLUTION INSTRUCTING THE CITY MANAGER TO REQUEST
MIAMI CAPITAL DEVELOPMENT, INC. (MCDI) THAT IT PROVIDE
LOAN FUNDS TO 1830 ENTERPRISE, INC. (TEATRO MARTI) IN
THE AMOUNT OF $200,000 AT A FIXED RATE OF TWO PERCENT
(2%) INTEREST FOR FIVE (5) YEARS WITH A BALLOON
PAYMENT FOR THE SAME AMOUNT AT MATURITY; FURTHER
REQUESTING MIAMI CAPITAL DEVELOPMENT, INC. TO ISSUE
SAID LOAN IN ACCORDANCE WITH THE LEGAL AND OTHER
CONDITIONS AS PRESCRIBED BY ITS LOAN GUIDELINES WITH
DISBURSEMENTS OF LOAN FUNDS SUBJECT TO COMPLIANCE WITH
ALL REQUIREMENTS THAT MAY BE IMPOSED BY THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD).
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: Vice Mayor J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: I have to vote no. I don't think this - we have
sufficient information in front of us. My main objection is to the problem of
subsidizing a profit making company. And that's... I just can't vote for it.
27. ACCEPT BIDS FROM 13 SUPPLIERS - FOR FURNISHING OFFICE SUPPLIES
(Suppliers: Barnett Office Supplies, Richard Young, Decora Office
Furniture, Joyce, AFP Inc., Home Computer, K-Data Products, Savin of
Florida, Apricot, XIPS Corp., The Shop, 9 to 5, and Xterling Laser.)
Mayor Suarez: All right. Item 20. We'll go through these as quickly as
possible and get to personal appearances. You're OK, Danny, for another
little while?
Commissioner Dawkins: What is 20, Mr. Mayor? -I may move it.
Vice Mayor Plummer: Ho, you got to be kidding.
Mayor Suarez: Accepting the bids of 13 suppliers...
Vice Mayor Plummer: You can get them after I'm gone.
Commissioner Dawkins: Move it.
Vice Mayor Plummer: What item?
Commissioner Alonso: Twenty.
Mayor Suarez: Twenty.
Commissioner Dawkins: Twenty, the one that we sent back, you know, to get
more minority participation.
117 January 10, 1991
Vice Mayor Plummer: Oh, you moved it? I second it.
Mayor Suarez: Moved and seconded. Any discussion on item 20? If not, please
call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-31
A RESOLUTION ACCEPTING THE BIDS OF THIRTEEN (13)
SUPPLIERS, FOR FURNISHING SPECIFIED AND BALANCE OF
LINE OFFICE SUPPLIES, AS NEEDED, ON A CONTRACT BASIS
FOR ONE (1) YEAR TO THE ENVIRONMENTAL SERVICES AND
OPERATIONS MANAGEMENT DEPARTMENT, DIVISION OF
PROCUREMENT/CENTRAL STORES AT A TOTAL PROPOSED COST OF
$204,235.00; ALLOCATING FUNDS THEREFOR FROM THE
1991091 INTERNAL SERVICE FUND - CENTRAL STORES ACCOUNT
NO. 420801-700-511000; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THESE MATERIALS, 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 Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
28. AUTHORIZE CITY MANAGER TO PUBLISH REQUEST FOR PROPOSALS (RFP) FROM
MINORITY AND WOMEN -OWNED BANKS - TO ESTABLISH SPECIAL BANK ACCOUNTS -
PROVIDE FOR APPOINTMENT OF SELECTION COMMITTEE.
Mayor Suarez: Item 21.
Commissioner Dawkins: Move it.
Commissioner Alonso: Second.
Mayor Suarez: Moved and seconded. Any discussion on item 21? If not, please
call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-32
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO PUBLISH A REQUEST FOR PROPOSALS (RFP), IN
SUBSTANTIALLY THE ATTACHED FORM, FROM MINORITY AND
WOMEN -OWNED BANKS FOR ESTABLISHING SPECIAL BANK
ACCOUNTS FOR A PERIOD OF TWO YEARS AND PROVIDING FOR
APPOINTMENT OF A SELECTION COMMITTEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
�3 118 January 10, 1991
off
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
------------------------------------------------------------------------------
29. (A) DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION AUTHORIZING
EXECUTION OF MASTER LEASE AGREEMENT WITH GE CAPITAL PUBLIC
FINANCE, INC. FOR LEASE/PURCHASE OF VEHICLES FOR POLICE
DEPARTMENT.
(B) VICE MAYOR PLUMMER REQUEST ADMINISTRATION TO FILE REPORT ON: (a)
WORKMEN'S COMPENSATION PROBLEMS PRESENTLY FACED BY THE CITY, AND
(b) PRESENT CITY LAWSUIT CONCERNING THE LIEUTENANT'S EXAM.
(C) AUTHORIZE EXECUTIVE OF MASTER LEASE AGREEMENT WITH GE CAPITAL
PUBLIC FINANCE, INC., FOR LEASE/PURCHASE OF VEHICLES FOR POLICE
DEPARTMENT.
Mayor Suarez: Item 22.
Mr. Odio: The lease of the police vehicles, Mr. Mayor. And I...
Mayor Suarez: Funds are from...
Mr. Odio: And after this, we need another 26 more police cars to be in
compliance.
Mayor Suarez: These are operating or these are from our capital fund of some
sort? -I forget how we treat vehicles.
r
Mr. Odio: This is leasing operating capital.
i
Mayor Suarez: All right.
Commissioner Dawkins: These are pursuit vehicles.
i
i
} Mr. Odio: Pursuit vehicles.
Commissioner Dawkins: These are not vehicles for the brass to ride home in.
Mr. Odio: That is correct, Commissioner.
Commissioner Dawkins: Beg your pardon?
Mr. Odio: These are pursuit vehicles.
Commissioner Dawkins: None of these will go out of the county to those people
who do not live in the county - in the City - who have to go home at night.
Mr. Odio: That is correct.
Commissioner Dawkins: Say it a little louder, I don't think the record...
Mr. Odio: These are for —that's right Only the ones that go home are the
ones that live within the City limits, that are pursuit vehicles, patrol cars.
Mayor Suarez: OK, patrol cars. These are marked cars.
Commissioner Dawkins: And this is a 3-year lease purchase agreement.
Mr. Odio: Yes, sir. Yes, sir.
Commissioner Dawkins: And at the end of the three years, we go buy 400 more.
119 January 10, 1991
C F,
Mr. Odio: We have to replace them anyway, by the agreement that we have with
the FOP. (Fraternal Order of Police).
Commissioner Dawkins: OK.
Mr. Odio: So we are now, after this order is finished, we are short 26 more
vehicles.
Commissioner Dawkins: All right. What I need to know is, the cars come from
the GE capital or do we go find the vehicles and GE capital provide the funds?
Mr. Odio: No, the GE capital provides the fund, and we are getting the
vehicle from wherever the bid was placed from with Chevrolet...
Mr. Ron Williams: Maroone.
Mr. Odio: Maroone.
Mr. Williams: Last two orders.
Commissioner Dawkins: All right, now I'm going to tell you guys again, OK? I
want you to hear me clearly, OK? Hear me good. You say nobody wants to bid
on our police vehicle, is that right? I mean, re received no bids. Is that
right?
Mr. Williams: No, I said to you that we were having difficulties getting
local, i.e., City of Miami, bidders to respond and I think I've given you some
information on that issue.
Commissioner Dawkins: There is a black car dealer in Broward County, OK? I
want you to make sure that you inform him of our needs, and then have him call
me and tell me that he's not bidding.
Mr. Odio: You know the problem that we're having, for instance, I wanted to
keep the Chryslers types that we had, and they won't make any more pursuit or
police cars.
Commissioner Dawkins: Who?
Mr. Odio: Chrysler. So now, what you're having to end up with, with
Chevrolets there, which I don't like. They're...
Commissioner Dawkins: Why should you... ending up with Chevrolets when the
Florida Highway patrolmen use Fords? That's a pursuit, that's a pursuit
vehicle.
Mayor Suarez: The problem of lack of competition for police car...
Mr. Odio: I don't know why...
Mayor Suarez: ...contracts from cities and governments. It's the first I
ever hear of it, Mr. Manager. If that becomes a problem, please let us advise
the community through an article in the Herald or an ad, because I have a
feeling that everybody and his brother and sister are going to come in and
want to bid for pursuit vehicles for...
Mr. Odio: Let me repeat. The Chrysler Corporation...
Mayor Suarez: Well, we have one corporation that doesn't want to bid. We got
a lot of others.
Mr. Odio: Decided not to make them any more.
Commissioner Dawkins: Yes, but...
Mayor Suarez: I'm not going to disagree with you. I am inclined to say that
I doubt that, but you're telling me that, so I'm not. We don't have a problem
yet, because we've had a lot of battles here by bidders who want to sell us
the automobiles for our Police Department in the past. So if that changes, if
that economic condition changes and competition somehow has gone from the
market for pursuit vehicles for police departments, I'd certainly be
Interested in knowing about that.
120 January 10, 1991
M
Vice Mayor Plummer: I got news for you. The ones that are being made ain't
worth a damn.
Mayor Suarez: That's another issue.
Vice Mayor Plummer: The ones being made aren't worth a damn.
Mayor Suarez: Right. Some people think the cars being made generally aren't
all that good, but that's another issue. OK, on item 22...
Vice Mayor Plummer: I'll agree with that.
Commissioner Dawkins: Well, I'll tell you what. Whether they're good, bad,
or indifferent, you better not buy a damn foreign made one. Everyone of them
better be made in America.
Mayor Suarez: Preferably made and sold close to Miami as possible.
Vice Mayor Plummer: Mr. Mayor.
Mayor Suarez: Yes.
Vice Mayor Plummer: Mr. Mayor, may I take one minute, please. Nothing on the
agenda today, but I want something fully in writing and I think this
Commission is entitled to. Within the last 10 days, I have read in the
newspaper, two major major problems that are existing in this City, that no
one has told me - now somebody might have told to others. I'm referring to
the question that I asked about six months ago about Workmens Comp. I read in
the newspaper...
Commissioner Dawkins: What's that got to do with 22?
Vice Mayor Plummer: No, I'm asking that I get a full report from my
administration and my City Attorney in relation to Workmens Comp which they
show me in the newspaper is five 'to eight million dollars, and I'm also
reading in the newspaper about a lieutenant's exam that is a million and a
half dollars potential. And yet - I don't know, has anybody else on this
Commission received anything in writing about it? I have not.
Mr. Odio: You did on the Workmens Comp about...
Vice Mayor Plummer: I asked about six months ago about Workmens Comp, and I
was advised by the City Attorney, at that time, that it was on appeal, and
that he didn't feel that it was right to di::cuss it while it was on appeal.
Nov, that, I guess time has gone, or not gone. I'm saying that an item that's
five to eight million dollars - if those numbers are anywhere near correct -
this Commission should know about it. And if we're talking about a potential
million and a half dollars in a lieutenant's exam, I think this Commission
ought to know about it. And I'm getting calls asking me, and I'm sorry that I
don't have the answers. So, I'm asking Mr. Mayor, that every member of this
Commission within the next three days, please be brought up-to-date as to what
is going on and what the potential is so that we can keep it in our minds. I
thank you, Mr. Mayor.
Mayor Suarez: OK, please, yes. Keep us up-to-date on all of those potential
exposures. We have a motion and a second on 22, do we?
Ms. Hirai: No, sir, we don't.
Mayor Suarez: I'll entertain a motion.
Vice Mayor Plummer: I'll move it.
Mayor Suarez: Moved. No second on item 22?
Commissioner Alonso: I second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
121
January 10, 1991
__ i
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-33
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE A MASTER LEASE AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH GE
CAPITAL PUBLIC FINANCE, INC., FOR THE LEASE/PURCHASE
OF VEHICLES FOR THE POLICE DEPARTMENT AT A COST NOT TO
EXCEED $400,000 FOR FISCAL YEAR 1990-91 WITH FUNDS
THEREFOR ALLOCATED FROM THE DEPARTMENT OF
ENVIRONMENTAL SERVICES AND OPERATIONS MANAGEMENT/FLEET
MANAGEMENT DIVISION OPERATING BUDGET.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Vice Mayor Plummer: Excuse me, I had one question on that. On the
maintenance in a lease program, it usually includes maintenance.
Mr. Odio: No, not on this one. We could if we wanted to, but we didn't
because we have our own mechanics and things.
Commissioner Dawkins: What's the difference in the cost, Mr. Manager?
Mr. Odio: Ah....
Commissioner Dawkins: It doesn't matter. That's OK.
Mr. Odio: I can tell you, but...
Commissioner Dawkins: That's OK, no problem. I'm sorry, J.L., go ahead.
Vice Mayor Plummer: No, I just - I was asking, how much was the maintenance
contract?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC
Vice Mayor Plummer: I mean, that's one of the benefits of leasing, is do they
have to - you turn a car in, they have to give you a car while they're
maintaining it.
Mr. Odio: Because we have our own shops and we have our own people working
there, we felt that I'd rather protect their jobs than try to negotiate.
Vice Mayor Plummer: OK, I don't disagree with that, sir.
Mayor Suarez: All right.
122
January 10, 1991
------------------------------------------------------------------------------
30. (A) ACCEPT BID: URBAN CONTRACTORS, INC. - BASE BID FOR AFRICAN
SQUARE PARK RENOVATIONS - BUILDING AND SITEWORK PROJECT (SECOND
BIDDING) B-3237-B ($449,314.85).
(B) ACCEPT BID: BANNERMAN LANDSCAPING, INC. - BASE BID FOR AFRICAN
SQUARE PARK RENOVATIONS - LANDSCAPE AND IRRIGATION PROJECT
(SECOND BIDDING) B-3237-A ($78,945.24).
Commissioner Dawkins: Mr. Mayor, I have two pocket items.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: As this Commission recalls that when we got ready to do
the African Square Park, we could not find enough black participants to do it,
and this Commission instructed the City Manager to put it back out for bid,
and I have two resolutions here where a black landscaping company, by
Bannerman, was a successful bidder for the African Square. And this is no set
aside, this is a bid. And the Urban Construction, Inc. got the base bid for
the building, so I move the landscaping one first and would ask the City
Attorney to read the resolution.
Mr. Jorge Fernandez: "A resolution accepting the bid of Urban Constructors,
Inc., in an amount not to exceed....
Commissioner Dawkins: No, that's not... well, I move that one. I move that
one first, go ahead. Go ahead.
Mr. Jorge Fernandez: Oh, I'm sorry, you wanted the landscaping one?
Commissioner Dawkins: It doesn't matter.
Vice Mayor Plummer: Well, it's a resolution, it doesn't have to be read.
Mr. Fernandez: They don't have to be read, and you have fully identified them
already, but I'll go on and state that one for Urban Constructors, Inc., is,
"...an amount not to exceed $394,677, base bid of the proposal for African
Square Park renovations, building, and site work project number B-3237B with
monies therefor allocated from the '90-191 Capital Improvement Ordinance,
number 10782, project 331053, in the amount of $394,677, to cover the contract
cost and $54,637 to cover the estimated expenses for a total of $449,314, and
authorizing the City Manager to execute a contract with said firm."
Commissioner Dawkins: So move.
Mayor Suarez: So moved and...
Vice Mayor Plummer: Second.
Mayor Suarez: Seconded. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-34
A RESOLUTION ACCEPTING THE BID OF URBAN CONSTRUCTORS,
INC., IN AN AMOUNT NOT TO EXCEED $394,677.00, BASE BID
OF THE PROPOSAL, FOR AFRICAN SQUARE PARK RENOVATIONS -
BUILDING & SITEWORK PROJECT (2ND BIDDING) B-3237-B;
WITH MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR
1990-91 CAPITAL IMPROVEMENT ORDINANCE NO. 10782,
PROJECT NO. 331053, IN THE AMOUNT OF $394,677.00 TO
COVER THE CONTRACT COST; AND $54,637.85 TO COVER THE
CONTRACT COST; AND $54,637.85 TO COVER THE ESTIMATED
EXPENSES, FOR A TOTAL OF $449,314.85; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
123 January 10, 1991
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: For the record, I think it's interesting, there's $7.50
difference between two bids. I vote yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: When is work again?
Mr. Fernandez: And then the other one.
Commissioner Dawkins: The landscaping, please.
Vice Mayor Plummer: That was the landscaping.
Mr. Fernandez: No, no, that was the constructor. The bid of Urban
Constructor, Inc.
Mayor Suarez: OK, on landscape.
Mr. Fernandez: And then on landscape.
THEREUPON, THE CITY ATTORNEY READ THE RESOLUTION INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mayor Suarez: So moved by Commissioner Dawkins. Is it seconded?
Vice Mayor Plummer: I'll second. Let me go back and correct the record, Mr.
Mayor. The first one, let the record reflect there was only a single bidder,
so that has to be the lowest, the highest, and the in between. It's this bid
that's $7.50 apart.
Mayor Suarez: And it's not a real large bid, so it's not all that unusual.
OK, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-35
A RESOLUTION ACCEPTING THE BID OF BANNERMAN
LANDSCAPING, INC., IN AN AMOUNT NOT TO EXCEED
$68,652.00, BASE BID OF THE PROPOSAL, FOR AFRICAN
SQUARE PARK RENOVATIONS - LANDSCAPE & IRRIGATION
PROJECT, SECOND BIDDING B-3237-A; WITH MONIES THEREFOR
ALLOCATED FROM THE FISCAL YEAR 1990-91 CAPITAL
IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO. 331053,
{ IN THE AMOUNT OF $68,652.00 TO COVER THE CONTRACT
COST, AND $10,293.24 TO COVER THE ESTIMATED EXPENSES,
FOR A TOTAL OF $78,945.24; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of rasolution, 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:
124 January 10, 1991
0
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
31. (A)
DISCUSSION
WITH MEMBER OF
DIGNITY FOR THE
DISABLED, INC.
CONCERNING
HANDICAPPED ACCESS
TO CITY FACILITIES
(See label 33).
(B)
DISCUSSION
CONCERNING HOT DOG
VENDOR CARTS AROUND
ORANGE BOWL.
------------------------------------------------------------------------------
Mayor Suarez: Commissioner Alonso, did you want to bring up the item on...
Commissioner Alonso: Yes, item 40, "Dignity for the Disabled." I think we
should take them up at this time.
Mayor Suarez: OK, what is pending before us from the organization? Can you
grab the - can somebody please make available, if it's not available easily,
accessible, the hand held one? Thank you. And activate it.
Mr. Danny Wood: Hello. We had a letter pending, we had four items...
Mayor Suarez: Could you please give us name and address, please, on the
record, Danny.
Mr. Wood: My name is Danny Wood. I'm with "Dignity for the Disabled, Inc.,"
and our address is 11371 S.W. 211 Street. It's not in the City of Miami. But
our newsletter goes to about 15,000 people who are. Our letter to you was
four parts for the discussion today, I would just like to deal with the first
three. The first one is about the conditions at the Orange Bowl and
wheelchair seating. I don't know how many seats are at the Orange Bowl. I've
heard of figures like 70,000, 75,000.
Vice Mayor Plummer: Seventy-five thousand and ten.
Mayor Suarez: Around 75 is a close figure.
Mr. Wood: They provided 59 to 60 seats for people in wheelchairs in an end
zone. About 14 years ago, I stopped going to the Orange Bowl because I didn't
like the way we were seated, the status of the restrooms, and at that time,
the status of the parking. Recently, a student who gets our newspaper - she's
here, Jody Barker - got me into a position where she talked me into going to
the Orange Bowl with her to see the horrible conditions the students go
through. I went with her as a witness, and saw how she was culled at the
student gate, and told that she could not go in the student gate with the
students. They could go in and sit down. She had to go to the opposite end
of the stadium, and sit with a group of disabled people who she didn't come
with, didn't know, and didn't appreciate the stigma of being forced into a
disabled section, which nobody does. We need 350 seats at the Orange Bowl
spread throughout the Orange Bowl in a mainstream seating situation. We met
with this City officials on all of the items in our letter to you, and I don't
like to speak for people, but the City's position was that anything they ever
do in this old old Orange Bowl, in terms of new construction, would be
accessible according to the law, but that was where they stopped.
Essentially, we felt that our request was denied. They asked for the meeting
before we come to the Commission. We came, we talked. I would like to
propose that you adopt this partial solution that I'm going to suggest. You
may want to modify it, expand upon it, whatever. I would hope that you would
instruct your City Manager to have Mr. Cruz work with some disabled people and
their friends who are architects and engineers, and for the next football game
at the Miami Stadium of the Miami Hurricanes, that they find approximately 100
seating arrangements scattered throughout the stands on different levels,
whatever is possible. We've told the City Manager's office that we know it's
an old building, and we do not want them to go and modify any ramps. We can
find hundreds of people at the Orange Bowl who will trip over each other for
125 January 10, 1991
the privilege when we ask them to, to push us up the ramp to where we want to
get seated. We will accept that as a compromise, because it's an old
building. Over the next two years, as we go, let's find some more seating,
maybe next to that seating, whatever. But we feel that Mr. Cruz has the
capacity to do it if he has the direction, and let's stop doing...
Mayor Suarez: It doesn't sound like an insurmountable obstacle. You've given
one figure, then you gave us sort of a compromise figure for the moment, if I
understood you correctly. I don't know what the ideal or minimum or expected
number of people that would take advantage of what you're proposing, but it
makes eminently good sense, and I'm sure they'd be willing to work with you.
If they need a Commission resolution to that effect, we can certainly do that.
Because what you've described sounds like something that bureaucracies resist
by their very rules and their very nature, but that if you put a little bit of
human comprehension into it, you can see that, as you suggested, by working
with people at the stadium. I mean, they'd all help, and you wouldn't have to
segregate people or put them in a particular area of the stadium. So it
doesn't sound like an insurmountable thing, is it? I mean, am I saying
something here that sounds a lot simpler than it is?
Mr. Odio: Just for the record. Yes, for the record, we do not control the
gates. We have leased the stadium to the University of Miami, and...
Mayor Suarez: Well, if you have to adjust any existing contracts, and they
refuse to modify them, you send Danny to them and you'll see how flexible they
get after a little while, and... the point of the.... Mr. Manager, we may have
to adjust existing agreements, with the University or whomever. They can be
made to understand this petition and the merits of it. I had never thought of
a situation where you come in with a group and you're told the section is in a
particular area. It just hadn't occurred to me. But it makes very, very good
sense what is being said, that you don't feel like being segregated from the
group you came with.
Mr. Odio: Except I have not been in conversation with Mr. Wood, and I have a
lot of respect for them, but in prior conversations when I was in charge of
the Orange Bowl, the area that we have worked out with the Miami Dolphins and
with the Hurricanes were with the disabled people. That's what the area they
chose. That ramp that was picked, that was decided by them.
Mayor Suarez: Well, if you are a student and you were disabled, you would
want to sit with your friends. Right?
Commissioner Dawkins: Mr. Mayor...
Mayor Suarez: So, let's try to solve the problem. It doesn't sound to me
like an insurmountable one. Yes, Commissioner Dawkins.
Commissioner Dawkins: I would like, also, for us to instruct the Manager to
get with both Israel in Washington, and with our lobbyist, Phil, and let them
see if there's any federal funds available to do what we're talking about
doing. And I would hope that we would not destroy that area that's earmarked
for disabled, because where these individuals are desirous of being
interspersed with the population, that area could be designated and it should
be put in the contract for children at hospitals who are in wheelchairs who
would enjoy the outing who would not mind being down there in that area and,
there again, like the Mayor said, if the contract has to be modified, modify
it.
Mr. Odio: We will try to do what he says about the hundred seats.
Mayor Suarez: OK, do you need a resolution to that effect?
Mr. Odio: No, sir.
Mayor Suarez: All right, anything further?
Mr. Wood: I'd just like to add that with that, I hope that they also include
restrooms because when you want to come out of the stands, you want to go to
an accessible restroom. And to the best of my knowledge, they don't exist,
except for one place. Down at the end at the call gate.
126 January 10, 1991
Mayor Suarez: Well, I think you've come at a good juncture there because we
are making modifications in restrooms, so...
Mr. Odio: We just built brand new restrooms under the west end zone that are
accessible to - in flat areas.
Commissioner Dawkins: Yes, but he's saying he may not be able to wait to go
from east -west end to the west end and he needs and his elimination process
won't hold that long.
Mr. Odio% No, they sit in...
Commissioner Dawkins: So he needs to have something on the west end.
Mr. Odio: No, where they sit now is the west end. That's where we build
the...
Commissioner Dawkins: All right, well what he's saying is, he may be on the
east end.
Mr. Odio: Oh, I'll see. OK.
Commissioner Dawkins: So, therefore, let's - you know, he can't... I can't
walk that far, let alone ride in the wheelchair, so he has some - you know,
let's make some provisions.
Mayor Suarez: Again don't need a motion to do our best to accommodate that.
Anything else, Danny?
Mr. Wood: The second part of our letter was a suggestion that the City of
Miami Commission turn over the responsibilities of the Building Department,
not the Zoning, but the Building Department, when it comes to processing
plans, checking plans, doing site inspections, and ultimately issuing
certificates of occupancy. I've tried to pass around a real quick rough
preliminary draft of some of the history of what disabled people are up
against. I was one of the prime sponsors in 1974 of a County ordinance on
requiring accessibility. Sixty days later, we took it to Tallahassee and it
became the State law. That was 16 years ago. We first started spotting
problems in the City of Miami when the Mayfair Building was completed. To
this day, the Mayfair Building is not accessible according to law under the
terms of the law. We've listed a few of the things in that document we passed
around. That was back in approximately 1975-1976 or thereabouts. Now, let's
jump ahead to the future. You have just completed a whole bunch of
construction in Coconut Grove. Restaurants have come in, been created, entire
buildings, like the Commodore Plaza was built. There is not one single men's
restroom that I can find in a two -block area, that has been built according to
law for disabled people. Oh, they look a little bit handicapped, because
there might be one grab rail in there. The law requires two. You can get
into some of these restrooms, but you have a great difficulty getting out
because they don't put the clearances by the door where you can wheel up in a
wheelchair to grab it. You have a building over there in Commodore Plaza
that's got three or four steps to the front door. Totally against the law,
inaccessible. It went out of business, Commodore Plaza. There's a new tenant
in it. There's a sign on the front. They call it the Too Hot Wear grand
opening soon. They apparently have been able to go to Building and Zoning
Department, and get a permit. They're ready to open. That means they've
either got a CO (Certificate of Occupancy) or have one pending. That
particular location should never open up as business. It is against the State
law, it's against the County law, and it will soon be against the Federal law,
effective I believe, January, 1992. All of these functions...
Mayor Suarez: What is the procedural thing that you're proposing that we do
with our...
Mr. Wood: Just take anything to do with getting a building permit, any
inspections...
Mayor Suarez: Right.
127
January 10, 1991
Mr. Wood: Any issuances of certificate of occupancy, turn that function over
to the Metro Dade County Building and Zoning Department.
Mayor Suarez: That is what I thought you would say. All right. Anything
further?
Mr. Wood: Listen, for sixteen years, the job has not been done right.
Mayor Suarez: OK, we hear you.
Mr. Wood: Now, that's a partial list, we are putting together a big list, I
am going down to your Building Department, I am going to try and get the
address of everybody who pulled a permit in the last five years, and we are
going to go out and inspect every building.
Mayor Suarez: I have a feeling you are well represented, if indeed, you can
establish that to the satisfaction of our departments, corrective action will
have to be taken, and if it isn't, I have a feeling you probably, although I
haven't researched it, or anything like that, and haven't gotten a legal
opinion on it, you probably have a right to get mandatory relief from courts,
et cetera to comply with State law, so you've got plenty of legal recourse.
Mr. Wood: You have a situation right now though where you are asking the same
people who allow the violations to go back and re -site the people. The
hardship that you are not even hearing...
Mayor Suarez: Let me tell you that, the rest...
Mr. Wood: ... it's the hostility and anger that gets directed at us.
Mayor Suarez: The great majority of the people who we deal with in the area
of building and zoning, and this is not to in any way demean your argument,
just to tell you what we hear from other people, say, we wish the County was
as responsive as the City in the area of building and zoning, getting plans
approved, et cetera, et cetera. And that the paper work and the impediments
they encounter over there, and the red tape, are much greater than ours. So,
you know, your particular prospective may show that we are not carrying out
this function as well as the County is, that may be something worth exploring.
Mr. Wood: Mayor Suarez.
Mayor Suarez: We would like our Manager to report back to us on that with
your specific complaints. But we are not moving in the direction of giving
the County a single function that the City is now handling, I guaranty you. -
at least I'm not.
Mr. Wood: If I come in to you with a bunch of plans, and they are all wrong,
and you go and stamp a rubber stamp on, say, passed, you bet as a developer, I
going to say, boy, you people really do it nice and quick, and you don't give
as much trouble as Dade County. But when you go and build it...
Mayor Suarez: Sometimes it's developers, you are making it sound like a
developer is sort of an objectionable person, sometimes it's just a homeowner,
sometimes it's a very small contractor, sometimes it's just a resident who
wants to do something to his or her home. But, I am just answering the
question on giving over these functions to the County. OK?
Mr. Dan Glennon: Can I say something?
Mayor Suarez: Yes.
Mr. Glennon: My Name is Dan Glennon, I am the chief building inspector for
the City Planning, Building and Zoning. OK. I've been hearing for the past
couple of days, that Danny wasn't going to be there, Danny wasn't going to be
there, it's like saying the Russians are coming, the Russians are coming. Now
let me tell you, he has hit me...
Mayor Suarez: I am sure he takes that in a humorous vein.
Mr. Glennon: Yes, right.
Mayor Suarez: All right.
128 January 10, 1991
Mr. Glennon: But he has hit us with everything. Now, I take issue with this
here. Why? - because we have worked hard especially, the past five years. We
have been under the direction of George Armatige, he is the chairman of the
Commission of handicapped and assisted building.
Mayor Suarez: What's the name?
Mr. Glennon: George Armatige. Let me tell you how this came about. We got
our baptism orders, so to say, with Bayside. If anything is going to go
wrong, it went wrong with Bayside. All right, that was a workshop for us. I
wrote a letter to George Armatige, and I've guaranteed to Mr. George, this
will never happen again. All right, he called me up the following week, he
says, Dan, he said, I want you to come over to the Metro building, several of
the handicapped organizations, they want to talk to you. I went over there.
I said this is it, they are going to give me hell now. But instead, they
were...
Mayor Suarez: Don't get too expansive in your answer here, you know, too
rhetorical, and oratorical, and...
Mr. Glennon: All right. They were very receptive about the whole thing, and
they said, what can we do? I said, look, I'll like to set up some workshops,
field trips, we did. We did that with the handicapped people.
Mayor Suarez: What you are saying is that you think at least, in the last...
Mr. Glennon: Five years.
Mayor Suarez: ... let's say three years, but Bayside was constructed finally
by 187, so you've made an effort in the last five years which coincides... is
this just because that's how long the Manager has been here, is that why you
are defending the last five years?
Mr. Glennon: No, no, no, because I for five years.
Mayor Suarez: Well, because I've been here for five years.
Mr. Odio: No, Mr. Mayor, I was Assistant City Manager before, and the same
name that he just mentioned which I had forgotten, is the person we dealt with
to resolve the...
Mayor Suarez: OK. So, maybe he has got a more favorable view of what we have
been trying to do, and the adjustments we have been trying to make. Danny,
made reference to about thirteen years, or fourteen years, and maybe the first
nine of those were not so good. In any event, you've responded I think,
adequately to our view of how we have adjusted the fact of the matter is that
we've got to comply with the law, period. So, you know, everybody...
Mr. Glennon: Let me...
Mayor Suarez: ... wait, everybody has redress, all he has to do is make
the... in fact, he could probably go straight to Code Enforcement on any of
these, and if not Code Enforcement, get restraining orders from court or
mandatory injunctions, or whatever. So, we really should give back to the
Commission, a report answering each one the specific allegations contained in
this.
Mr. Odio: I will do that, and if there are any mistakes that we have made,
they will be corrected.
Mayor Suarez: OK. Thank you, and of course, one of the most embarrassing of
all...
Commissioner Alonso: Bayfront Park.
Mayor Suarez: Was Bayfront Park, our own project...
Vice Mayor Plummer: No, ninety thousand dollars ($90,000).
Mayor Suarez: ... which has cost us ninety thousand dollars ($90,000) to
redress, and I think either you or George, or all of the various people in the
various organizations alerted us to that, and chastised us for it. OK?
129 January 10, 1991
41 6
Mr. Glennon: OK.
Mayor Suarez: No, not from this Danny, from the other Denny. Finished? Any
last words of wisdom?
Mr. Wood: Am I on?
Mayor Suarez: Yes.
Mr. Wood: The last item is the hot dog carts which was featured in Neighbors
newspapers today, featured in our newsletter last month. The hot dog carts in
the Civic Center for the last year, George Armitage has worked diligently
trying to work through certain County, or certain City Commissioners, City
Manager's office, and everybody under the sun, to try and get passage back on
our sidewalks which we can't seem to do...
Mayor Suarez: Wasn't some of that a problem of jurisdiction with the County,
if I may interrupt you?
Mr. Odio: Yes, Mr. Mayor, I wrote a letter to Janet Reno, and I had a long
conversation with her last week, hopefully, we will find some solution which
is not by the way, the elimination of the hot dog vendors there, but some
solution we have to find.
Commissioner De Yurre: Can't we just... as far as the Metro Justice Building
is concerned, can't we take that entry there? There is a little area right in
front of the steps, indenture, where cars park. Can't we just take that...
Vice Mayor Plummer: That impedes a pedestrian.
Commissioner De Yurre: ... and just like we did in the corner over here on
the Commodore, and just you know, pave that and make that into a larger area,
so that we can set up the hot dog stands there? - by the carts.
Mr. Luis Prieto: Yes. INAUDIBLE COMMENTS NOT ENTERED INTO THE RECORD.
Vice Mayor Plummer: Hello there.
Mayor Suarez: Please let's get sound so we can get with these proceedings.
Mr. Prieto: What we are trying to suggest is something even simpler, and that
is to expand the sidewalks to eight feet. That way, we would have the hot dog
stands have the sufficient clearance to pass all around.
Commissioner De Yurre: Well how soon are we going to get that accomplished?
What do we need to do to get that accomplished?
Mr. Prieto: We are talking to the County to permit, to go ahead and put in
the eight foot sidewalk, and we are trying to get that resolved in the next
few days.
Commissioner Dawkins: Where would the money come from for the eight... see,
you all keep telling me, we don't have any money, and then you all keep
talking about doing things. Now where will this money come from?
Mr. Prieto: Since it's in County property...
Commissioner Dawkins: Beg pardon?
Mr. Prieto: ... it would be County paid.
Commissioner Dawkins: The County would pay for it?
Mr. Prieto: Yes, sir.
Commissioner De Yurre: How soon do you expect a response from them?
Commissioner Alonso: When they pass the
Mr. Prieto: By next week I should have some positive action on that.
130 January 10, 1991
Commissioner De Yurre: By next week, so...
Commissioner Dawkins: Mr. Manager.
Mr. Prieto: Incidentally, there is another alternative. It would be in
our...
Mayor Suarez: Oh, just whatever is the best alternative. Don't give us too
many options, we have enough difficulty with just one option.
Mr. Prieto: Yes, sir.
Commissioner De Yurre: Well then you can put on the agenda for the next
meeting, a report on this matter?
Commissioner Dawkins: Mr. Manager.
Mr. Odio: Yes, sir.
Mr. Prieto: Yes, sir, we will.
Commissioner De Yurre: What about the arena?
Mr. Odio: What about the arena?
Commissioner De Yurre: Well, they had the same situation...
Mayor Suarez: With the vendors, you mean?
Commissioner De Yurre: ... a lot of hot dog vendors hanging out, and then
they set up in a way that you know, sometimes it's difficult to gain access.
Mr. Odio: That's from the area where the people are coming from the
Metromover.
Commissioner De Yurre: I think it's like on 8th Street right next to the
railroad track, around there, that's where they hang out the most.
Mr. Odio: Yes, because that's the only... but we have not received... well,
I'll look into that one.
Commissioner De Yurre: Well is that basically what we are talking about, that
area?
Mayor Suarez: All right, check it out, and if there has been any complaints
about that, try to apply the same solution. Anything further?
Commissioner Dawkins: Mr. Mayor.
Commissioner De Yurre: Well, let me identify exactly what we are talking
about.
Mayor Suarez: Commissioner De Yurre.
Commissioner Dawkins: Go ahead, go ahead.
Commissioner De Yurre: What area?
Mr. Wood: The hot dog carts are around the Metro Justice building, and then
on the two streets, on the east side and the west side for two blocks. There
is one hot dog cart that blocks the sidewalk going to the three rehabilitation
centers. Paving would take care of that, but then there is another location
that I haven't addressed, and that is the hot dog carts surrounding the Orange
Bowl, and they block the sidewalk there, and you can't get by. But that's only
you know, during special events, but, you know, it's the same problem, you
can't get by.
Vice Mayor Plummer: Yes, but the problem, Denny, the problem is that at one
event at the Orange Bowl, we counted over 400 vendors, and the City doesn't
have the wherewith to stop them. We had people out there... you talk about
vendors, we had some out there that had nothing but a barbque pit they dragged
from their house.
131 January 10, 1991
Mr. Wood: We are not trying to stop anybody trying to make a living...
Vice Mayor Plummer: Well...
Mr. Wood: ... we just would like to get down the sidewalk.
Vice Mayor Plummer: It's not a matter of trying to stop them from making a
living, it's the City has monies to operate that Orange Bowl on concession for
which we receive revenue, and that revenue is going outside, and we are now
hurting for monies to supply these facilities.
Mr. Wood. We just want the sidewalk back.
Commissioner Dawkins: Mr. Mayor, and Mr. Manager, and...
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: ... City Attorney, at the next meeting, also come back
and tell me what square footage should be allocated for each hot dog vendor.
Just give me that figure out of the top of your head. And Mr. City
Attorney...
Mr. Rodriguez: Yes, sir.
Commissioner Dawkins: ... develop some mechanism where we can put it out for
bid. If we've got ten slots, that's all it's going to be there, and the
person who bid, and will return the most money to the City, will get the ten
slots, and you could very easily eliminate a lot of the others.
Vice Mayor Plummer: Ho, ho, ho. I hope you are successful.
Mayor Suarez: OK. Anything further?
32. WAIVE FACILITY PERMIT FEE AND AUTHORIZE USE OF VIRRICK GYM BOAT RAMP,
AND DESIGNATED PARKING, DURING 1991 MIAMI/CAN AM CLASSES REGATTA
(SPONSORED BY U.S. SAILING CENTER, INC.) - PROVIDE THAT SEMINOLE BOAT
LAUNCHING FACILITY REMAIN OPEN, etc.
Vice Mayor Plummer: Mr. Mayor, can I take care of one pocket item?
Commissioner Dawkins: Yes, because you will be leaving shortly.
Vice Mayor Plummer: That's right.
Mayor Suarez: Quickly, please.
Vice Mayor Plummer: This is for the Miami Can Am Sailing Regatta, January...
Commissioner Dawkins: It's Miami.
Vice Mayor Plummer: Miama, you heard me, you tourist. January 23 to 27...
Mayor Suarez: That's another City,
have come to love, and know as Miami.
Vice Mayor Plummer: Yes.
Mayor Suarez: Go ahead.
reasonably close to here, not the City we
Vice Mayor Plummer: The sponsor is a sailing center which is a part of us,
and two, the waiver would be no charge for permit fee. The City to designate
parking spaces, City staff and handicapped sailing programs allowed to park
and run programs without interference. Sponsor to provide off duty police to
control the parking and traffic. Seminole ramp to remain open. Sponsors to
provide signs directing public to other boat ramps. Sponsors to provide
insurance, and sponsors to pay all cost for City services, I so move
132 January 10, 1991
Mayor Suarez: So moved.
Commissioner Dawkins: What is... that's what I have in my hand?
Vice Mayor Plummer: Yes, the Can Am.
Commissioner Dawkins: OK. Second.
Vice Mayor Plummer: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-36
A RESOLUTION CONCERNING THE 1991 MIAMI/CAN AM CLASSES
REGATTA SPONSORED BY THE U.S. SAILING CENTER, INC. TO
BE HELD JANUARY 23-27, 1991; WAIVING THE FACILITY
PERMIT FEE AND AUTHORIZING THE USE OF THE VIRRICK GYM
BOAT RAMP AND DESIGNATED PARKING SPACES BY THE REGATTA
SPONSOR DURING SAID EVENT, PROVIDED THAT THE SEMINOLE
BOAT LAUNCHING FACILITY REMAIN OPEN TO THE PUBLIC
DURING THE EVENT; AUTHORIZING THE ISSUANCE AND/OR
EXECUTION OF THE NECESSARY DOCUMENT(S), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID SPONSOR FOR
THIS PURPOSE; SAID AUTHORIZATIONS AND WAIVER BEING
SUBJECT TO AND CONDITIONED UPON THE SPONSORES
COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY
BE PRESCRIBED BY THE COMMISSION OR THE ADMINISTRATION
OF THE CITY OF MIAMI, INCLUDING, WITHOUT LIMITATION,
THE SPONSOR'S PAYING FOR ALL NECESSARY COSTS OF CITY
SERVICES ASSOCIATED WITH SAID EVENT, OBTAINING
INSURANCE TO PROTECT THE CITY AGAINST ALL LIABILITY IN
AMOUNTS AS PRESCRIBED BY THE ADMINISTRATION, HIRING OF
OFF -DUTY POLICE OFFICER(S) TO CONTROL PARKING AND
TRAFFIC AT SAID LOCATION, PROVIDING OF SIGNAGE TO
DIRECT THE GENERAL PUBLIC TO OTHER BOAT RAMP
FACILITIES, AND NON-INTERFERENCE WITH THE SKAKE-A-LEG
ADAPTIVE SAILING PROGRAM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
133 January 10, 1991
33. (Continued Discussion) DIGNITY FOR THE DISABLED, INC. CONCERNING
HANDICAPPED ACCESS TO CITY FACILITIES (See label 31A).
Commissioner De Yurre: Mr. Mayor, I think we've got...
Mr. Frank Mac Glasco. Mr. Mayor, Mr. Mayor, I thank you.
Mayor Suarez: We are going to call you, Mr. Echo, because whatever he said,
you reacted to it over here, so.
Mr. Mac Glasco: I'm sorry.
Mayor Suarez: Give us your name and address though, so we have it more
accurately.
Mr. Mac Glasco: My name is Mac Glasco, I live in 65 Palmetto Drive, Miami
Springs, I happen to be an activist with the Florida Paraplegic Association,
and also, I own some Considering certain matters which are coming
up now, which are much more to the law, I did not know if you gentlemen were
aware of the fact that the Greater Miami Chamber of Commerce is sponsoring an
all day seminar on the Americas with the disabilities act at... what's the big
hotel on the south side of the Miami river, right there at the east of the
Brickell bridge?
Vice Mayor Plummer: Sheraton.
Commissioner Dawkins: Sheraton Brickell.
Mr. Mac Glasco: Well, they are going to have a seminar there with the head
from Washington of the EEOC (Equal Employment Opportunity Commission) all day
Saturday. I think the tickets are thirty five dollars ($35.00), if you make
reservation, and forty ($40.00) if not. I might suggest...
Mayor Suarez: Plummer and Dawkins will be happy to pay, and attend.
Mr. Mac Glasco: What?
Mayor Suarez: Plummer and Dawkins will be happy to pay and attend.
Mr. Mac Glasco: Oh, I hope they, and even others will attend, so that they
can hear what the priorities, new priorities are under the Americas with
disabilities act. Mr. Wood didn't touch that today, because he was touching
local problems. But...
Mayor Suarez: Right. We will have representatives there, and from my own
staff, I want to make sure somebody is there.
Mr. Mac Glasco: All right. And I am also going to address one other thing to
you that he mentioned about the Building Department. I agree with you, we
shouldn't throw out the baby with the bath water. But the main problem we as
disabled have found about construction, are the architects. The architects do
not follow the statutes in drawing up their plans.
Mayor Suarez: They get carried away by their artistry, and forget sometimes
the code, yes.
Mr. Mac Glasco: They don't get the code. Now, but one place this can be...
this is why we are so concernbd about the local building departments. The one
place this can be stopped at minimal cost, is right when those go over to draw
a building permit. If they are properly studied by the building department,
and say, hey, you have handicapped violations in here, you could slow the
whole thing down, and the cost of fixing it would be minimal. After the thing
is built, we come in and scream like heck, and we are the so and so.
Mayor Suarez: We've learned that in Bayfront Park.
Mr. Mac Glasco: Because we said, you should have done it.
134 January 10, 1991
Mayor Suarez: God, did we learn that in Bayfront Park.
Mr. Mac Glasco: That's why we are so concerned about the building department,
is exactly what I am talking about now, that's where it should be caught.
Mayor Suarez: All right, you've got it.
Mr. Mac Glasco: The architect who is getting paid has got to be listening to
that guy who is building it, to build it cheap.
Mayor Suarez: And watch out for the landscape architects too. All right,
thank you.
Mr. Mac Glasco: OK. Well, I'm sorry, but that was one thing I wanted to say,
bye.
Mayor Suarez: No, thank you for your comments, they are very much...
Commissioner De Yurre: Mr. Mayor, I think we have representatives here of the
Martin Luther King Junior Parade, and Festivities Committee, that they wanted
to make a quick presentation.
Mayor Suarez: OK, what is pending on that?
Commissioner De Yurre: Mr. Marshal, is he here?
Mayor Suarez: He has been around. If he shows up, we will recognize him and
get that resolved.
Commissioner De Yurre: You've got it worked out?
Mayor Suarez: It's worked out?
Commissioner Dawkins: What did you work out?
Commissioner Alonso: He is there, look.
Mayor Suarez: He is on his way down, doesn't sound like he has totally worked
out. All right.
Commissioner De Yurre: OK, he is coming down the escalator.
-- ------.----
-----.------ -- -- ---- -------------.- --------------- - ------------ - --. --
34. (A)
DIRECT CITY MANAGER TO ADD LANGUAGE TO ARTICLE 47 OF THE AFSCME
LABOR UNION AGREEMENT (OCTOBER 1, 1990 - SEPTEMBER 30, 1993) TO
INDICATE THAT WHEN THE CITY EXERCISES ITS OPTION TO OPEN AN
ARTICLE FOR NEGOTIATION IN TWO YEARS' TIME IT WILL BE ON THE
ISSUE OF CITY RESIDENCY.
(B)
RECONSIDER PRIOR VOTE ON MOTION 91-37 (DIRECTING CITY MANAGER TO
ADD LANGUAGE TO ARTICLE 47 OF THE AFSCME LABOR UNION AGREEMENT
(OCTOBER 1, 1990 - SEPTEMBER 30, 1993).
(C)
CITY COMMISSION EXPRESSES ITS INTENT TO LEAVE OPEN ITS OPTION TO
REOPEN FOR NEGOTIATION ANY ARTICLE OF THE AFSCME LABOR UNION
CONTRACT IN TWO YEARS' TIME.
(D)
AUTHORIZE CITY MANAGER TO ENTER INTO COLLECTIVE BARGAINING
AGREEMENT WITH MIAMI GENERAL EMPLOYEES, AFSCME, LOCAL 1907
(OCTOBER 1, 1990 - SEPTEMBER 30, 1993).
Mayor Suarez: We'll see. Meantime, as long as he is not here, we were on
item 23. Collective bargaining agreement between the City and General
Employees Union... we will get to you in a second doctor.
Commissioner Dawkins: Mr. Mayor, this morning the statement was made in
reference to the residency... where is that?... let me find it...
Mayor Suarez: No residency requirement for...
Commissioner Dawkins: ... and somebody said it will be reopened.
Mayor Suarez: That was my understanding of the memo that was received from
the Manager, explaining this contract.
Commissioner Dawkins: What did it say?
Mayor Suarez: Can you restate the memo?
Mr. Odio: I sent a memo to all of you which the residency issue came up late
after this contract had been agreed upon, and that we agreed that, this is a
three-year contract, with a reopener after two, that after two years we would
reopen the residency question.
Commissioner Dawkins: All right, you sent me a labor contract summary,
October 1, 1990...
Mr. Odio: Yes, sir.
Commissioner Dawkins: ... September 30, 1993...
Mr. Odio: Right.
Commissioner Dawkins: ... Article 47, Terms of Agreement. "Provides for
reopener on third year of contract, April '92, on across the board increases
only...
Mr. Odio: And one article.
Commissioner Dawkins: ... article selected by the City."
Mr. Odio: That's the article.
Commissioner Dawkins: No, no, spell that out in here now.
Mr. Odio: Fine. We are saying... Charlie Cox agreed with my memo yesterday
that we would reopen the residency issue in two years.
Commissioner Dawkins: But you see, Charlie Cox may not be the president, and
you may not the Manager, and I may not be the Commissioner.
Mr. Odio: I will put it in writing.
136 January 10, 1991
Commissioner Dawkins: But if it is written, in writing, then we know that
that's what it is. All right? Go right ahead, Charlie, I am glad you...
Mr. Odio: I have notified Charlie yesterday that I would reopen the residency
question in two years.
Commissioner Dawkins: Go ahead, Charlie.
Vice Mayor Plummer: How long is this contract for?
Commissioner Dawkins: Two years.
Mr. Charlie Cox: Three years.
Mr. Odio: Three years, and it would be reopened after two for salary
increases and an article that we chose.
Mayor Suarez: Mr. Cox, Charlie.
Mr. Cox: That's correct. They can open it. Any article they want to open,
one article. And it's supposed to be done at the table, not here.
Mayor Suarez: We opened...
Commissioner Dawkins: I wouldn't care if it was done in your grave, as long
as it was done.
Mayor Suarez: ... articles and provisions and issues in any place we want.
Mr. Cox: That's for you to tell them. I mean, that's what you are here for,
I am not going to tell you what article they open.
Mayor Suarez: We certainly will bring it to the table before that item is
finally resolved, but you know, we can bring it up on radio, and in front of
your house in the morning, and any other place.
Mr. Cox: I am sure it will be brought up on radio, and everything else.
Mayor Suarez: All right, any further questions on the agreement?
Mr. Odio: To put it in broad terms on the record...
Commissioner Dawkins: Yes, sir.
Mayor Suarez: Commissioners want it, sure.
Commissioner Dawkins: I do.
Mr. Odio: ... there is new language added providing that, for the good faith,
we would provide a good faith effort on the part of the City to place
employees in a single person occupation if laid off. We also have a working
out of class language, providing for recording...
Commissioner Dawkins: No, just article 47, is all I need you to add.
Mr. Odio: Article 47 will read then that, "provides for reopener on third
year of contract, 'that's April of 1992,' on across the board increases, or
none, and only one article selected by the City which will be the residency
item. "
Commissioner Dawkins: Thank you.
Vice Mayor Plummer: Well wait a minute, let me just make sure now. You know
opening it doesn't really mean anything.
Mr. Odio: Are they going to bargain in good faith?
Vice Mayor Plummer: Well, I am not even saying that.
Commissioner Dawkins: Thank you, J.L.
137 January 10, 1991
Vice Mayor Plummer: You can open a door, but you don't necessarily go in.
Now, what you are saying is, is that you're just providing for the opening of
a single article, whichever you choose. That doesn't mean it is going to be
accomplished.
Mr. Odio: Well yes, it doesn't mean that we are going to obtain in good faith
negotiations, that they will accept...
Vice Mayor Plummer: No. Well, let's understand so you know, let's understand
where we are coming from.
Commissioner Dawkins: Thank you, Commissioner Plummer.
Vice Mayor Plummer: Is it the understanding that you have that any one single
article opened is going to be approved?
Mr. Sue Weller: Commissioners, Sue Weller...
Commissioner Dawkins: No, no, no, wait, let us get through with the Manager,
then you.
Mr. Odio: No. My understanding is, when you reopen an article is that you
have to negotiate it, and that if both sides don't agree on it, then we go to
arbitration on it.
Vice Mayor Plummer: So then, what you are saying is, you would go to
arbitration on only the third year?
Mr. Odio: Only on the third year.
Commissioner Dawkins: But this Commission instructed you not to sign no
contract that did not include the residency...
Mr. Odio: And I have not signed any contract. I did say in a memo to you,
that's why I sent the memo, that this contract had already been negotiated
when the residency question came up. And it was too late to bring in the
residency question unless we left it reopened.
Commissioner Dawkins: All right. Well, when you reopen it, and the
bargaining agent says, we will not agree to the residency, what?
Mr. Odio: Then we go to arbitration. We go to arbitration, and if we don't
agree in arbitration, the Commission will rule finally on what will happen.
Commissioner Dawkins: Who is arbitrator?
Mr. Odio: It will be chosen at that time.
Commissioner Dawkins: By, I mean, it will be a labor arbitrator, not us?
Mr. Odio: That's correct. But if we don't agree with the labor arbitrator...
Vice Mayor Plummer: But it's not... wait a minute, make it full, that is not
binding arbitration.
Mr. Odio: It is not binding. That means that you at that moment...
Vice Mayor Plummer: We are the final arbitrators.
Mr. Odio: ... would say yes, or no, to what the arbitrator rule, and if you
still want the residency in, you would say, we want the residency in, and
that's what would go. That's my understanding of labor law, maybe I am wrong.
Commissioner Dawkins: Well, whether you are right, wrong, or indifferent, I
want them to understand clearly, that we are not reopening this as a gesture
of a good feel... feel good meeting.
Mr. Odio: That's correct.
Commissioner Dawkins: We are reopening it in the third year to tell them, you
either move in the City or, get you another job. Now, is that why we are
reopening it?
138 January 10, 1991
Mr. Odio: We are reopening it for the residency, yes. And to decide at that
moment, where the City is financially, to decide on any increases, or none.
Commissioner Dawkins: Beg your pardon?
Mr. Odio: At that moment, we would have to decide whether we could afford an
increase, or not.
Commissioner Dawkins: But you see, I am sitting up here now going through an
exercise of futility in saying, yes, you must live in the City, and I don't
have three votes. Now, are you telling me that... is it just put in there to
look good, and that we do not under any circumstances intend to aggressively
seek this?
Mr. Odio: Let me tell you what I feel. I feel that if the residency question
is approved, that we will comply with it. That any new employee that comes to
the City of Miami to look for a permanent position, would have to live in the
City. It's as simple as that.
Commissioner Dawkins: How do you guarantee me that the union will not go to
court and say you allow my brother before me to move, therefore you can't stop
me from moving?
Mr. Odio: I cannot guarantee that. They always have the right to go to court
for any cure of what they feel is wrong, but we would... I think we have a
legal case, and that we could say that we warned you before you became an
employee that you would have to live in the City.
Commissioner Dawkins: OK. All right. Let me tell the City Attorney. Mr.
City Attorney.
Mr. Fernandez: Yes, sir.
Commissioner Dawkins: You and I have got two years to sit down, OK? And I
want you to assign somebody to work with me, and at the end of everybody's
contract, I am going to file a class action suit for every unemployed minority
in the City of Miami, and say that the City of Miami is denying people who
live in the City, the right to earn a living in the City. I want you to work
with me, and we develop that, and don't tell me about whether it will be won
in court, or lost in court, that's not my problem. I want you to be prepared
to go to court with me in a class action suit, for all the unemployment people
in the City, who could be working as firemen, policemen, garbage collectors,
SEA employees, or whatever, who are working and denying those who live in the
City and who pay taxes, the right to earn a living, well, I want to file a
class action suit.
Vice Mayor Plummer: Question. That one provision of openers has not yet been
determined, it will be determined by majority vote of this Commission, is that
correct? (INAUDIBLE RESPONSE) Well, that's what I am asking.
Mayor Suarez: Well, we were trying to assure that it can be reopened two
years from now.
Vice Mayor Plummer: No, no, no. Well, I don't want...
Mayor Suarez: Whether it will be or not, I presume the Manager will take his
cues from the majority of this Commission. If not, a minority of this
Commission can bring it up, and try to get a majority of this Commission to
tell him, and I happen to be so far, part of the minority on this issue, but
maybe, we will have a majority, who knows?
Vice Mayor Plummer: I don't argue the point, all I am asking, I don't want to
get in locked at this point. That their only one opener without stipulation,
can be that one opener, there might be a more important burning issue.
Mayor Suarez: No, no, no. Other things can be opened. Except what? - there
is only one or two that cannot be reopened in the agreement, right?
Mr. Odio: I am asked by a Commissioner and I have to have respect for him as
I have for the others too, that he wants the residency question opened two
years from now.
139 January 10, 1991
Mayor Suarez: Yes. Well, I do too.
Mr. Odio: Well then, you will have to decide, but now he is saying no.
Commissioner Dawkins: Yes, he is saying, no. No problem.
Vice Mayor Plummer: What I am saying is, that with my understanding of your
terminology is that there can only be one, and Charlie said the City can
choose whichever one they want, but it's not locked in today, it is at that
time the majority opinion of this Commission...
Mr. Odio: No.
Commissioner Dawkins: That's right. No, that's right.
Vice Mayor Plummer: Excuse me?
Mr. Odio: The way I understand that, the Commissioner, wants it that it would
read this way. Provides for reopener on third year of contract on across-
the-board increases only, and one article selected by the City which will be
the residency item."
Vice Mayor Plummer: Well, I can't vote for that.
Commissioner Dawkins: That's why I...
Vice Mayor Plummer: I am not opposed to the residency, OK?
Commissioner Dawkins: I have not problem with that, that's why I said, I am
going to file a class action suit, I don't have no problem with that, I know
we are going to have three votes up here, that's no problem.
Vice Mayor Plummer: I can't vote for that simply because I don't know today,
two years from today, that there might not be a more burning issue.
Commissioner Dawkins: There will not.
Vice Mayor Plummer: I think at that time in two years when there is a
reopener, that the majority of this Commission, will in fact determine what is
the most highest priority issue to be reopened. It might be residency, and it
might be the majority vote, but I don't want to lock myself out today, that
something more important comes up in two years, and then I am locked for
another third year.
Commissioner Dawkins: Well, my motion stands. Let's see where the votes are.
I move that it go as the Manager read it. If there is a second, great, if
it's not, no problem.
Mayor Suarez: All right, to test the waters on this, I think we all know how
we stand on it, I will second it, because that is the item that I would like
reopened two years from now. There may be others.
Vice Mayor Plummer: Well, but you see, you are locking yourself into only
one, Mr. Mayor.
Mayor Suarez: I understand. I consider it of utmost importance.
Vice Mayor Plummer: OK. There is a motion and a second as far as the single
issue to be reopened is residency, that is the motion before us. Any further
discussion? Hearing none, call the roll.
s ,
140 January 10, 1991
soi.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 91-37
A MOTION OF THE CITY COMMISSION DIRECTING THE CITY
MANAGER TO ADD LANGUAGE TO ARTICLE 47 OF THE AFSCME
LABOR UNION AGREEMENT (OCTOBER 1, 1990 - SEPTEMBER 30,
1993) TO READ AS FOLLOWS: "...PROVIDE, HOWEVER, THAT
THE PARTIES SHALL MEET NO LATER THAN MAY 1, 1992 TO
REOPEN NEGOTIATIONS ON ONE ARTICLE AS SELECTED BY THE
CITY, EXCLUDING LAYOFFS..."; FURTHER STATING THAT IT
IS THE INTENT OF THE CITY COMMISSION THAT THE ARTICLE
TO BE REOPENED AT SAID TIME WILL BE THE RESIDENCY
ITEM.
Upon being seconded by Mayor Suarez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Vice Mayor J.L. Plummer, Jr.*
Commissioner Miriam Alonso **
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
*Vice Mayor Plummer: I'm sorry, Commissioner De Yurre voted yes?
Commissioner Dawkins: Yes, Y.E.S. yes.
Ms. Hirai: Yes, he voted, yes.
Vice Mayor Plummer: OK.
**Commissioner Alonso: No, I vote no, because I agree with Commissioner
Plummer that it is risky for us, but of course, it already passed.
Vice Mayor Plummer: I vote no, for the same reasons.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: By the way, the minority on that can always change their minds
too, and let's hope...
Vice Mayor Plummer: Yes, but you can't change a contract, that's the problem
that I have, Mr. Mayor.
Mayor Suarez: I understand. I presume that if we were to change our mind, we
could certainly substitute for another item.
Mr. Fernandez: Yes, you can, because this is not part of the contract.
You're just...
Mayor Suarez: Thank you. That's all I need to know, I don't need the
explanations. Yes, we can, that's what I wanted to hear, thank you. All
right, do we need a vote on the?...
Vice Mayor Plummer: Wait a minute, are you saying that it is not part of the
contract?
Mr. Odio: Wait, wait, it is part of the contract. Wait a minute.
Vice Mayor Plummer: Then what are we arguing about?
Mr. Odio: It is part of the contract.
Vice Mayor Plummer: It is either, or not.
141 January 10, 1991
Mr. Odio: It is article 47. Now, I want to put on the record, and...
Vice Mayor Plummer: But wait a minute, I want an answer.
a
Mr. Odio: OK. It's article 47.
Vice Mayor Plummer: Speaks to the residency.
Mr. Odio: Speaks to the reopener.
Vice Mayor Plummer: But this motion that just passed here...
ob�.
Mr. Odio: And you are saying is, this motion just amended that the article
that will be opened would be the residency issue.
Vice Mayor Plummer: And is that part of the contract, or is it not?
Mr. Odio: It is, now.
Vice Mayor Plummer: Well, I am asking the legal.
Mr. Fernandez: Let me tell you this. The way that the contract has come up
to this point, is that the unions have already called their shot, and they
said that within two years they want to open the across-the-board increases.
Then the administration left their option blank. The administration said
that, we are going to leave this blank, because we want to in two years bring
one item. Now, what you have done here today in essence, by deciding that it
would be residency, it could be interpreted that we have already called our
option, as it were, and that it would be residency what will be called, and in
fact it is part of the contract, if you voted on it like that.
Vice Mayor Plummer: That's my problem. You are locking yourself in, that if
a more important issue were to be brought up, you have locked yourself out.
And I think that's wrong. All I am saying is, give yourself the flexibility
of choosing at that time.
Commissioner De Yurre: Then you are telling us that we can just... can we
leave it blank then, that's it?
Vice Mayor Plummer: You see by the vote that was just taken... hey, I am on
the short end of the vote, but I am saying the way I interpret it, that's the
law.
Commissioner Dawkins: So what? - I've been on the short end all day. Let's
go, move the next item.
Vice Mayor Plummer: Hey, Miller, Miller, we've been on a lot of short ends.
Commissioner Dawkins: I move the agenda.
Mayor Suarez: Wait a minute, I've got one more clarification. Did you state
that if this Commission changes its mind it could not substitute another item?
Did you change what you initially said on that?
Mr. Fernandez: Yes. I did change my mind on that. After reconsidering the
decision, and reading the article itself, you are amending the article from
the Manager's perspective. The Manager left it as a open option.
j'
Vice Mayor Plummer: That's right.
Mr. Fernandez:
You have instructed the
Manager to fill
in that option, and he
has done so. He has written the word
residency in his
option, just like the
i
union wrote the
words, across the board
increases.
-;1
Commissioner De
Yurre: Can't we leave
it blank then...
-'
Vice Mayor Plummer: That's what I was
hoping that you would do!
Commissioner De
Yurre: ... and then with
an indication
to the Manager, that's
='
the issue right
now that we would like
to be dealing with?
Mr. Fernandez:
For you to do that, you
have to move to
reconsider.
142 January 10, 1991
Vice Mayor Plummer: That was not Dawkins' motion. See, that's why I had to
take exception.
Mayor Suarez: OK. The entire thing sounds like a legal quandary that we
should never have gotten ourselves into, because it is now this Commission's
majority viewpoint that that should in fact be the item...
Vice Mayor Plummer: Yes.
Mayor Suarez: ... but we also don't feel like locking ourselves in. At
least, I don't see why, because if by any chance, that was resolved by some
other happening, it would be nice to be able to go back and not bind the
Commission two years from now. So if you want to change your vote, or if you
want to reconsider...
Commissioner De Yurre: I'll move to reconsider.
Mayor Suarez: So moved.
Vice Mayor Plummer: Second.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 91-38
A MOTION TO RECONSIDER PREVIOUSLY TAKEN VOTE ON MOTION
91-37 DIRECTING THE CITY MANAGER TO ADD NEW LANGUAGE
TO ARTICLE 47 OF THE AFSCME LABOR UNION AGREEMENT
(OCTOBER 1, 1990 - SEPTEMBER 30, 1993) STATING THE
ARTICLE TO BE REOPENED FOR NEGOTIATION IN TWO YEARS'
TIME WOULD BE THE ISSUE OF RESIDENCY.
Upon being seconded by Vice Mayor Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Now, can we just make a motion of purpose that• it is now our
intention, as of now, that, that be the item but that we don't want that to
somehow preclude us from changing our minds in the next couple of years?
Mr. Fernandez: Correct.
Vice Mayor Plummer: And not part of the contract.
Mayor Suarez: That's what I would vote favorably on.
Commissioner De Yurre: OK, I so move.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Any discussion? If not, please call the roll.
143 January 10, 1991
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 91-39
A MOTION OF PURPOSE OF THE CITY OF MIAMI COMMISSION
STIPULATING ITS INTENT, AT THE PRESENT TIME, THAT THE
ARTICLE TO BE REOPENED BY THE CITY IN CONNECTION WITH
THE AFSCME LABOR UNION AGREEMENT (OCTOBER 1, 1990 -
SEPTEMBER 30, 1993), IN TWO YEARS TIME, WILL BE THE
ISSUE OF RESIDENCY; FURTHER STIPULATING THAT, EVEN
THOUGH SUCH IS THEIR INTENT AT THIS TIME, THE CITY
WISHES TO LEAVE OPEN ITS OPTION TO REOPEN ANY ARTICLE
OF SAID AGREEMENT AT THE APPROPRIATE TIME.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.*
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins **
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
*Vice Mayor Plummer: I am voting yes, with the full understanding that is a
motion of intent of this Commission at present time, but that the original
wording of it being an open item for one item in two years, is in fact still
an open item, I vote yes.
**Commissioner Dawkins: No, and for the same reason that I stated before.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Have we voted on a contract?...
Commissioner Dawkins: And I am not going to complain like J.L. Plummer, I am
on the short end of the vote, but I don't mind it if I think I am right.
Mr. Odio: You have to vote on the contract, on the item.
Mayor Suarez: OK. I'll entertain a motion on the contract per se.
Mr. Odio: I think I need to put this on...
Mayor Suarez: This is the section of the agenda devoted to bickering among
the blues brothers. All right.
Mr. Odio: Let me put this on the record, Mr. Mayor.
Mayor Suarez: Yes.
Mr. Odio: We have agreed with AFSCME on a "no layoff" clause.
Mayor Suarez: The what?
Mr. Odio: We had agreed... in this agreement, there is a "no layoff" clause.
However, they have agreed that if the City physical ability deteriorates in
any way, then we would meet and work out a plan for reduction in the work
force.
Vice Mayor Plummer: Well then it's not a "no layoff" clause.
Mayor Suarez: "No layoff" clause, except in cases of absolute...
Mr. Odio: Of an emergency.
Mayor Suarez: ... financial necessity.
144 January 10, 1991
Mr. Odio: That's correct.
Mayor Suarez: Thank you. That's agreed upon? That's built in? I don't know
if they would have to say that, because that would be kind of a matter of...
Commissioner Dawkins: I mean, what is this saying? Does this?...
Vice Mayor Plummer: Based on whose determination?
Mr. Odio: It's a "no layoff" clause basically, and my intentions are not to
lay off any of their people.
Commissioner Dawkins: OK. Is this saying that when time comes that you have
to lay off, and I am just using bargaining agents, that you will layoff the
Police Department first, the Fire Department second, Sanitation workers third,
and then if you've got to layoff, you layoff General and Service employees?
Are you saying that in the event that there has to be a shortfall with the
general service employees, you would shift them over the garbage department
and layoff five SEA workers? - or what are you telling me? Explain to me in
detail what this means.
Mr. Odio: What this means basically, is that you are protecting the ASFCME
people from any layoffs in the reduction of force. And the reason for this
has been that, traditionally, that's where the most, if the impact has been in
layoff, and...
Vice Mayor Plummer: Have you locked yourself out on not refilling vacancies?
Mr. Odio: We have not. We cannot... we can reduce work force through
attrition, and that's normally what my intentions would be, is not to hire
people.
Commissioner Dawkins: So what you're saying is, that if... I mean, I am
confused. If we need six "X" people to do the job of the general service
department, and two "X" people retire, those two "X" will not be replaced?
Mr. Odio: Would not have to, by contract, be replaced. We would not have to
replace.
Commissioner Dawkins: So therefore, then that is a layoff?
Mr. Odio: No, it is not. In the legal sense, it is not a layoff.
Commissioner Dawkins: If you reduce the work force Mr. Manager, that's a
layoff.
Vice Mayor Plummer: No, layoff is when you terminate.
Mr. Odio: No, sir. When you tell somebody to go home, in the legal terms,
that's a layoff.
Commissioner Dawkins: You know...
Mr. Odio: But what I am trying to explain...
Commissioner Dawkins: OK, see, I keep telling you guys over and over, in the
fifties, and the sixties, they would have burned you all up for trying to be
union people, OK? You can't... there is no way in the world you can tell
these people, whom Mr. Cox represents, Mr. Simms represents, or the Police
represents, that if twenty people retire, and you don't replace those twenty,
that there is not a reduction in the work force.
Vice Mayor Plummer: So, there is.
Commissioner Dawkins: Of course, there is, and you just said...
Vice Mayor Plummer: But it's not layoffs.
Mr. Odio: It is a reduction, but it is not a layoff.
Commissioner Dawkins: But if you don't replace them, what is it?
145 January 10, 1991
Vice Mayor Plummer: It's not a layoff, it's a vacancy.
Commissioner Dawkins: If you don't replace them...
Mr. Odio: It's a reduction of the work force.
Commissioner Dawkins: Ah, hat.
Mr. Odio: I agree with you, and that...
Commissioner Dawkins: So Mr... everybody need to go and tell the people who
they represent that this double talk we are going through up here, does not
guarantee you employment.
Mr. Odio: We are saying, Commissioner, that what you are doing is that you
are guaranteeing that the people who are presently employed, are guaranteed a
job, as long as they want to stay here, and they perform. Now, if they
retire, we are not guaranteeing that we would fill that position, that we are
not guaranteeing.
Commissioner Dawkins: OK. So that means that if I... if it is five of us
cutting grass, and two of us retire from the grass cutting detail, you don't
replace them through attrition, and... I don't need you, you already
negotiated. So if you are going to say something, I'll stop talking. Thank
you.
Vice Mayor Plummer: Do you cut grass?
Commissioner Dawkins: You are saying to me, that if five of us are cutting
grass, two of us retire, the other three of us who are left, we still got to
cut all that grass, OK?
Mr. Odio: Well, or... no...
Commissioner Dawkins: So therefore... but yet, there is no reduction in the
work force.
Mr. Odio: You have other alternatives at the time, that you have at your...
Commissioner Dawkins: What, what, what, spray weed killer, and don't have no
grass?
Mr. Odio: No. But you can contract at that time out, and to cover that gap,
but we hope we don't get to that. What we are saying Commissioner, is that
the work force that we have now is acceptable to both sides, and we don't want
to layoff. However, if we get into an emergency situation, we do have the
ability not to fill vacant positions, sir, and you should not lock yourself
out from being able to do that.
Vice Mayor Plummer: Well, I think you ought to put it in other terms which
would be more acceptable.
Commissioner Dawkins: Well do it.
Vice Mayor Plummer: Through attrition of vacancies is a hell of a lot better
than laying people off, OK? I think there is a big difference there. In
other words, you make up any shortfall by not filling vacancies, rather than
by laying people off. You just need a translator, that's all you need.
Commissioner Dawkins: Yes, semantics, but you all go ahead with it. Move the
agenda, Mr. t;--yor.
Mayor Suarez: OK, the item has been moved.
Commissioner Dawkins: What item?
Mayor Suarez: That is...
. Fernandez: Twenty-three.
.yor Suarez: Oh, I thought you were moving item 23, the actual contract.
146
January 10, 1991
Vice Mayor Plummer: I'll move it.
Mayor Suarez: OK, so moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-40
A RESOLUTION WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ENTER INTO A COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE
ORGANIZATION KNOWN AS THE MIAMI GENERAL EMPLOYEES,
AFSCME, LOCAL 1907, FOR THE PERIOD OF OCTOBER 1, 1990
THROUGH SEPTEMBER 30, 1993 UPON THE TERMS AND
CONDITIONS SET FORTH IN THE ATTACHED AGREEMENT.
(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 Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez **
NOES: Commissioner Miller J. Dawkins *
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
*Commissioner Dawkins: I vote, no, because I told the Manager at the
beginning that I would not vote for any contract that did not have a waiver
position in it for people who live in the City, residency, and because I said
I wouldn't vote for it without it, I can't vote for it. I vote, no.
**Mayor Suarez: Yes, does it include the same entry level pay that?...
Mr. Odio: Yes.
Mayor Suarez: That has not been affected?
Mr. Odio: No, sir.
Mayor Suarez: Let other unions that don't have contracts, take note of that,
for myself, and for my vote.
------------------------------------------------------------------------------
35. APPROVE APPOINTMENT OF SPECIAL COUNSEL TO REPRESENT DEPARTMENT OF
OFFSTREET PARKING (DOSP) IN TRANSFER OF REAL ESTATE OWNED BY DOSP TO THE
CITY (PARKING LOT 19) - IN CONNECTION WITH NEW WASHINGTON HEIGHTS
COMMUNITY DEVELOPMENT CORPORATION, INC., STATE PLAZA PROJECT.
------------------------------------------------------------------------------
Mayor Suarez: OK, item 24.
Mr. Fernandez: Yes, this item I have brought to you attention. However, I am
not sure whether you can actually take action on it right now. At the last
meeting of the Off -Street Parking Board, it was agreed amongst ourselves that
to consummate the transaction between DOSP and the City, where DOSP will be
selling to the City, a parcel of land that the City wants to acquire for
purposes of some redevelopment, or development in the Overtown area, that it
would be in the best interest of both DOSP and the City, that there be
independent legal counsel representing DOSP so that this can be an arms -length
type of transaction where the interest of DOSP would be protected by someone
acting in that special capacity as their Attorney.
Mayor Suarez: All right, that's the only way to do it.
Commissioner Dawkins: No, no. Why?
Mayor Suarez: Because we've got a transfer between the two agencies, I guess.
Mr. Fernandez: Because Commissioner Dawkins, I find myself in the situation
where...
Mayor Suarez: Being the attorney for the saleable and the buyable.
Mr. Fernandez: I am both the attorney for DOSP, and the attorney for the
City, and while... as a matter of course, there is hardly ever...
Commissioner Dawkins: Why? Who will select the lawyer to represent DOSP?
Mr. Fernandez: That is what has not been done yet, and that hopefully well
be...
Commissioner Dawkins: Who will?...
Mr. Fernandez: I will.
Commissioner Dawkins: Who?
Mr. Fernandez: Ultimately, it will be my recommendation to the DOSP Board,
and to this Board, and that is a joint process where all of the parties
according to the way the charter reads, that all the parties participating
making that decision.
Commissioner Dawkins: Are there any minority lawyers? - and I mean small,
black, Latin lawyers, who are capable of doing this?
Mr. Fernandez: There should be, but this item has not yet been fully dealt
with by the Board, and I think it's a matter...
Commissioner Dawkins: Before you get to dealing with it, I want you to
understand where I am coming from, all right?
Mr. Fernandez: Yes, I do sir, I certainly understand you, but I think it's...
Commissioner Dawkins: And don't bring me Steel, Hector and Davis, don't bring
me Bob Traurig, and others. Don't bring me the rest of them.
Mr. Fernandez: I will convey that message to the Off -Street Parking Board, so
that as we deliberate...
Commissioner Dawkins: Bring... No, I am not going to say A.T. Smith, because
you all will say that he is a boycotter, so I am not going to bother him, OK?
148 January 10, 1991
Mr. Fernandez: Right.
Commissioner Dawkins: But get me... I need somebody to look like him though,
and not him either, because he ain't brown.
j Mr. Fernandez: That ugly? - or what do you mean?
Commissioner Dawkins: We don't need him.
Mayor Suarez: Or, you can't do both. All right, Mr. City Attorney...
Mr. Fernandez: Yes, sir.
Mayor Suarez: ... as in all other matters of recommendations of experts, and
attorneys, et cetera.
Commissioner Dawkins: Who are the other guys that can do this job?
Mayor Suarez: ... keep in mind some of the people that Commissioner Dawkins
is going to suggest.
Mr. Fernandez: Yes. Commissioner Dawkins, I am aware of your concerns, and I
will make sure that the DOSP Board...
Mayor Suarez: Thank you, no speeches, please. All right. On the item before
us...
Mr. Fernandez: Then you can either give preliminary approval, leaving the
blanks as it is in front of you right now, or wait until it comes back in
front of you again.
Mayor Suarez: We better give preliminary approval, otherwise we are never
going to get this done, and we are never going to get the transaction done,
which is the important thing. I know Jackie back there is shaking her had,
affirmatively.
Mr. Fernandez: And it will be paid from DOSP funds.
Mayor Suarez: All right.
Vice Mayor Plummer: How much?
Mr. Fernandez: That again is an open space on the resolution, because we have
not yet met with the attorney.
Vice Mayor Plummer: No, no. I don't vote on a blank check for anybody.
Mr. Fernandez: So then you must wait until it comes back to you again.
Mayor Suarez: What is a fair limitation to put in there, maximum, so he
doesn't?...
Mr. Fernandez: I would say no more than seventy-five hundred dollars
($7,500).
Mayor Suarez: Seventy-five hundred dollars ($7,500). Let's go.
Mr. Fernandez: Because what we are contemplating is a real estate
transaction...
Mayor Suarez: It's one transaction between two governmental agencies.
Vice Mayor Plummer: Hey remember, we worked here for a year for five.
Mr. Odio: You are overpaid.
Vice Mayor Plummer: No more than seventy-five hundred.
Mr. Fernandez: No more, that's...
Mayor Suarez: His authority is forty-five hundred, he has gone three thousand
beyond that. Come on, you can't stall these projects for over three thousand
F:
dollars ($3,000). Commissioner Dawkins.
149 January 10, 1991
F
Commissioner Dawkins: What is this doing to expedite the building, or the
confirmation of the hotel?
Mr. Fernandez: Without an attorney representing DOSP, the City could never
acquire the land, and acquiring the land...
Commissioner Dawkins: When the City acquires the land, what?
Mr. Fernandez: Well then it's up to you all how quickly you want to do it.
Commissioner Dawkins: You see, again, you are taking Jackie Bell around the
mulberry bush.
Mr. Fernandez: This item does not deal with Jackie Bell, directly.
Commissioner Dawkins: It deals... well, how in the hell can she build a hotel
without the land?
Mr. Fernandez: Well, that's right. The next item does.
Commissioner Dawkins: Come on, don't tell me it doesn't include her, come on,
give me a break, OK?
Mr. Fernandez: These items come together, Commissioner.
Commissioner Dawkins: Listen to me, please. I've been here since 181. Since
'81 this Commission has directed the Administration, the Law Department, Off-
street Parking, get with Jackie Bell and build a hotel, OK? Every time, you
get to a point, something happens. This Commission gave direct orders for the
lack of a better word, to Off -Street Parking, to make the land available to
Jackie Bell. Off -Street Parking decided to throw it back to the City
Commission. Now, it's back to the City Commission. Now, the City Attorney,
and this is my opinion, and Off -Street parking are saying, let's get a third
person in here who Jackie Bell can blame for this, and she can go out and tell
the public, hey, the City Commission didn't do it, Off -Street Parking didn't
do it, the new hired hand who they brought in as the, whatever you all are
calling him, he is the one who ruled against Jackie Bell, we didn't do it.
You see, somewhere, in here today, somebody need to tell Jackie Bell we are
going to help you build a hotel, or Jackie Bell... I don't need nothing from
you, you all didn't give me nothing up to now. Jackie Bell, here is what we
are going to do, or Jackie Bell, this is what you need to get this done, or
Jackie Bell, quit spinning your wheels, because we are not going to do it.
But don't have me sit up here, and you bring in an outside counsel, which in
my opinion is nothing but the rubber stamp, your denial, of building this
hotel. So now, somewhere along the lines, and here today, you all need to
tell me and Jackie Bell, you know, Jackie Bell, we are going to do this for
you, but this is what you need, or Jackie Bell, if you don't have this, we are
going to give you until Wednesday to do this and build it. But don't bring me
an outside counsel to tell me.. I mean, give us an escape for not doing it.
Mr. Fernandez: That will not happen, sir.
Mayor Suarez: All right. As to the item before us, I'll entertain a motion,
and get the transfer quickly done. George, I presume you are favorable to the
item before us?
Mr. George Knox: Yes, sir. We just urge this adoption.
Mr. Fernandez: Well, we are on twenty-four.
Vice Mayor Plummer: With the item of not to exceed seventy-five hundred
dollars ($7,500), and the funds coming from DOSP, I'll move it.
Mr. Fernandez: Correct.
Mayor Suarez: So moved
Commissioner Alonso: Yes, I second.
Mayor Suarez: Seconded.
150
January 10, 1991
41 0
Commissioner Dawkins: What will this do?... OK, I'm sorry, go ahead.
Mayor Suarez: Just to get the transfer back over to the City at...
Commissioner Dawkins: Under discussion. What would this do to expedite the
building of the hotel?
Mr. Knox: Well, what it will do Mr. Commissioner, I believe, is that we would
have a single individual with a specific task who is accountable, who can work
day after day on this particular negotiation, and it would move along much
more quickly than to have the overworked City Attorney's staff have to
delegate limited time to deal with it.
Mr. Fernandez: I take exception to that. Commissioner Dawkins.
Commissioner Dawkins: Now that's what they paid you to say, now answer my
question.
Mayor Suarez: Wait, wait, please.
Mr. Knox: I believe that the whole process would be expedited and that the
spirit of it would be such that we could very quickly get a negotiated
agreement with outside counsel.
Commissioner Dawkins: And when outside counsel hands the land to you, as a
representative for Miss Bell, what then?
Mr. Knox: Well, then we break ground.
Mr. Fernandez: Commissioner Dawkins, if I may, please. Outside counsel will
not hand over the land to Mr. Knox, or Miss Bell. Outside counsel is merely
to represent DOSP in relation to the City. Once the City gets the land, that
outside counsel is out of the picture, then the City becomes responsible, and
your City Attorney, yours truly, will continue to negotiate with Mr. Knox.
This third person that we are talking about has nothing to do with Mr. Knox,
or Miss Bell's transaction.
Commissioner Dawkins: OK. Well, why aren't you and Mr. Knox negotiating...
Mr. Fernandez: Oh, we have been.
Commissioner Dawkins: ... and have plans that you can show this Commission...
Mr. Fernandez: That's item 25, I'm...
Commissioner Dawkins: ... that once this land is given to the City by DOSP,
then the City automatically is going to do A, B, C, D, E, F, G.
Mr. Fernandez: That's item 25, and we intend to do that.
Commissioner Dawkins: Hold on, wait a minute.
Vice Mayor Plummer: Item 25 is only
Mr. Fernandez: At 25, I'm sorry.
i
Mayor Suarez: All right. On item 24...
Commissioner Dawkins: All right, I'll wait.
Mayor Suarez: Thank you. We have a motion and a second. Any discussion on
item 24? If not, please call the roll.
jz
jc
4:
' 151
January 10, 1991
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-41
A RESOLUTION APPROVING THE APPOINTMENT OF SUCH SPECIAL
LEGAL COUNSEL AS MAY BE DESIGNATED BY THE CITY
ATTORNEY AND THE OFF-STREET PARKING BOARD TO REPRESENT
THE INTERESTS OF THE DEPARTMENT OF OFF-STREET PARKING
FOR A FEE NOT TO EXCEED $7,500, TO BE PROVIDED FROM
DEPARTMENT OF OFF-STREET PARKING FUNDS, IN THE
PROPOSED TRANSFER OF CERTAIN REAL PROPERTY OWNED BY
THE DEPARTMENT OF OFF-STREET PARKING AND REFERRED TO
AS "LOT 10" TO THE CITY OF MIAMI, FLORIDA, LOCATED AT
APPROXIMATELY NORTHWEST 1ST AVENUE BETWEEN NORTHWEST
4TH STREET AND NORTHWEST 5TH STREET, MIAMI, FLORIDA,
IN CONNECTION WITH THE NEW WASHINGTON HEIGHTS
COMMUNITY DEVELOPMENT CORPORATION, INC.'S PROPOSED
"STATE PLAZA" PROJECT.
(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 Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
36. APPROVE, IN PRINCIPLE, CONCEPT OF ACQUIRING MUNICIPAL PARKING LOT 10
FROM DEPARTMENT OF OFFSTREET PARKING (DOSP) WITH INTENT TO LEASE TO NEW
WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE, INC. - FOR
DEVELOPMENT OF A HOTEL AND PARKING GARAGE IN SOUTHEAST OVERTOWN/ PARK
WEST REDEVELOPMENT TARGET AREA (STATE PLAZA PROJECT).
Mayor Suarez: OK, item 25. How are we going to make sure... if I hear
Commissioner Dawkins correctly, that from this point forward, the City will
move expeditiously, no impediments, no barriers, no obstacles, no delays to
get this project accomplished. Now that we have gone through the very
difficult struggle of getting it back into the hands of the City, assuming we
go through that of course, which hopefully will happen now, at a reasonable
cost basis so that the project becomes financially viable.
Vice Mayor Plummer: But wait a minute. Mr. Mayor.
Mr. Bert Waters: Mr. Mayor.
Mayor Suarez: Yes.
Vice Mayor Plummer: ... it's my understanding, and I have been for this
project for an awful long time, and I want to continue to be for this project.
Before that property is turned over to New Washington Heights, we have asked
for, and I will demand, assurances that that project is a go item. I don't
want to hear that the financier is in Egypt, and can't come here and produce
proof. Now, what I am saying is, I am not in a position to turn anything over
until the requirements set by this City that says, come forth with proof, with
financial projections that this is a go item.
Mr. Odio: Commissioner. We can do exactly the same thing we did with the
Wynwood people. They are going to have a lease. If they don't deliver, then
we get the land back, but let's not stop the...
152
January 10, 1991
Commissioner Dawkins: What is the lease agreement that you... I mean, it says
here now...
Mr. Waters: Mr... if I may.
Commissioner Dawkins: ... with the intent to lease said property, what is the
lease agreement?
Mr. Waters: If I may, Commissioner Dawkins, what you have before you is an
item that is basically asking that this Commission concur with the parameters
that have been placed on the table by the Department of Off -Street Parking.
That is, to sell to the City at the price in which the Department of Off -
Street Parking purchase lot number 10, for four hundred and seventy-seven
thousand dollars ($477,000)...
F Commissioner Dawkins: Stop it right there, please. What is the negotiated
price that Off -Street Parking is asking the City of Miami to pay for the land
that the City of Miami bought to give to Off -Street Parking?
Vice Mayor Plummer: A hell of a lot more than what they paid for it.
Mr. Waters: This is four hundred and seventy-seven thousand ($477,000).
Commissioner Dawkins: Beg pardon?
Mr. Waters: Four hundred and seventy-seven thousand dollars ($477,000).
Commissioner Dawkins: Four hundred and seventy-seven thousand dollars
($477,000), is that right?
Mr. Waters: Yes, sir.
Vice Mayor Plummer: And what did they pay for it?
Mr. Waters: They paid four hundred and seventy-seven thousand ($477,000) back
in 1950.
Vice Mayor Plummer: OK.
Mr. Waters: We are not talking about market value.
Commissioner Dawkins: Beg pardon?
Mr. Waters: At this point, we are not talking about market value, it was the
purchase price in which the Department of Off -Street Parking purchased it in
1950.
Commissioner Dawkins: Now, they purchased it for four seventy-seven, what is
the lease... is this a lease purchase agreement? - is this a lease agreement?
Mr. Waters: If you allow me. Assuming that the Commission concurs with this
resolution, at the time in which the administration is at a point to complete
the negotiation at the time of closing, the transaction would be a sale to the
City for four seventy-seven, and at the same time of closing, a lease with a
price of four hundred and seventy-seven thousand dollars ($477,000), to New
Washington Heights will be transacted at the time of closing. So what we are
saying today is, we would like for this Commission to concur with the
parameters that have been set with any other stipulations you may want to
offer, and that the administration, and the law department and DOSP go back,
and put together a purchase and sale agreement, and a lease to bring back
before you for the final approval.
Commissioner Dawkins: Say what now? - run that last part by me again.
Mr. Waters: The purchase and sale agreement will be number one. The City
will purchase the property from DOSP.
Commissioner Dawkins: Right.
Mr. Waters: That's the purchasing sale.
Commissioner Dawkins: Right.
153 January 10, 1991
Mr. Waters: At the same time, the City will in turn lease the property to New
Washington Heights for that amount. And so, we have two transactions at the
time of closing at that time.
Commissioner Dawkins: OK. We are purchasing the land for four seventy-seven?
Mr. Waters: Correct.
Commissioner Dawkins: Why aren't you selling it to Jackie Bell for four
seventy-seven?...
Mr. Waters: That's what I said.
Commissioner Dawkins: ... Why are you leasing it to Jackie Bell for four
seventy-seven? I mean, somebody... I hear, but I don't understand what we are
saying.
Vice Mayor Plummer: I don't think they got the money, do they?
Mr. Waters: Well...
Commissioner Dawkins: Beg pardon? Hey! All right, I'll...
Vice Mayor Plummer: Paying it out over a lease of twenty or thirty years,
they probably have the money. To come up with that lump sum...
Commissioner Dawkins: No, he didn't say, I'll lease the purchase, he didn't
say... he said, they were going to lease the land to Jackie Bell, period. He
did not say lease, with an option to buy, he didn't say lease, with nothing.
He said, we are going to lease the land to Jackie Bell, that's what he said.
Mr. Waters: Well, there may be a problem with the sale, Commissioner, and I
would really defer to...
Commissioner Dawkins: OK, then you see, these are the things that Miss Bell
need to know, you just said there may be a problem, therefore, Jackie Bell
needs to know of the expected problem. Let's don't wait now until we give
Off -Street Parking four hundred and seventy-seven thousand dollars ($477,000)
for the land and then tell Jackie Bell, oh, there is a problem, this can't
happen.
Mr. Odio: Commissioner.
Mr. Waters: I understand.
Mayor Suarez: Wait, wait, wait. Are you trying to tell us that everybody is
in agreement, that a long term lease is the most indicated, and most
expeditious way of doing this?
Vice Mayor Plummer: That's the only way it's going to fly.
Mayor Suarez: That Jackie Bell and Washington Heights are interested in doing
it that way, the City is interested in doing it that way...
Mr. Waters: Yes.
Mayor Suarez:
... for all the
right reasons?
Mr. Waters:
Yes, sir.
Mayor Suarez:
All right. Any
further questions on that aspect of it?
Commissioner
Dawkins: Yes, there is still... when you lease it to her, does
she own it?
Mr. Waters:
A long term lease,
she owns it. She can let...
Mayor Suarez:
Depending on how
long the lease is, you effectively own it, but
it...
z,
154
January 10, 1991
f
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I
I Commissioner Dawkins: What is the lease? - ninety-nine years, a hundred and
twenty years?
Mr. Waters: We have not established a term, Commissioner.
Vice Mayor Plummer: The lease has not been drawn.
Ms. Miriam Maer: If I... Mr. Mayor.
Mayor Suarez: But it's a long term lease?
Mr. Waters: it will be a long term lease.
Mayor Suarez: We are not talking about... you know, we are not going to
take the property back in five years, they can finance with it, they can...
4 yes, it's like ownership, and it solves a lot of the other problems, Miller.
Mr. Waters: Correct.
Vice Mayor Plummer: Yes, but have you seen anything? - I have not. Have you
seen anything to show that the financing is in place?
Mr. Waters: The only items that we have...
Mayor Suarez: The other avenue of inquiry here... let me just put it on the
record, because it merits clarifying that some of us are concerned with, and I
hear the Vice Mayor express that is, have we gotten all the requisite, and all
the requested information from the joint venture as to his financial ability
to perform, et cetera, so we don't go through this exercise and find out... I
am sure Jackie is ready to say that she is more than able, and her counsellor,
but...
Commissioner Dawkins: OK. I'll make a motion.
Mayor Suarez: Wait, let me just get an answer on that, because Vice Mayor is
entitled...
Commissioner Dawkins: Go ahead.
Mayor Suarez: ... he is entitled to a answer on that.
Vice Mayor Plummer: This is not a motion, this is discussion. Do we really
want to consider buying even the property?...
Commissioner Dawkins: That's my motion.
Vice Mayor Plummer: ... without knowing fully well...
Commissioner Dawkins: No.
Vice Mayor Plummer: ... that the financing is there to do the project?
Mr. Odio: I understand, but...
Commissioner Dawkins: I'll make a motion Mr. Mayor, that...
Vice Mayor Plummer: What does it benefit to us to buy the property?
Commissioner Dawkins: ... we do not purchase the land from Off -Street Parking
until they have worked out the lease agreement with Miss Bell. Because I
don't need to buy the land from Off -Street Parking...
Vice Mayor Plummer: That's right.
Commissioner Dawkins: ... if they are not going to let Miss Bell have the
land.
Mayor Suarez: Will that be simultaneous? - the two thing?
Mr. Waters: I hear what you are saying, Commission, these are simultaneous
transactions...
155 January 10, 1991
•1
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1
Mayor Suarez: Yes, they are going to be simultaneous.
Mr. Waters: ... and negotiations.
Commissioner Dawkins: Beg pardon?
Mr. Waters: These are simultaneous.
Mayor Suarez: The closing will be simultaneous.
Commissioner Dawkins: Well I've been sitting here too long. If it is not in
writing, it is not simultaneous.
Ms. Maer: Mr. Mayor, if I may.
Mr. Waters: Commissioner, give me a moment please. What I am saying to you
is, that the attorney for New Washington Heights, who is Mr. Knox, is working
in conjunction with our attorney, and the City administration, in putting
together the necessary agreements to make this transaction happen.
Mayor Suarez: OK. We've heard that point presumably, we...
Vice Mayor Plummer: But you don't know whether or not that's acceptable to
the Commission.
Mr. Odio: No, no, no.
Mr. Waters: Well we are going to bring that back to you.
Mayor Suarez: ... wait, wait, J.L., we simultaneously... the City Attorney
wants to make a comment, Vice Mayor is still inquiring as to the financial
viability, which is a fair line of inquiry that we have to resolve.
Ms. Maer: I understand...
Mayor Suarez: Yes, ma'am.
Ms. Maer: .., the Vice Mayor's concern, and what I would like to point out is
the reason we are here today, is to ask the Commission to approve in
principle, the concept of DOSP transferring the land to the City, so the City
�! can enter into the lease with New Washington Heights. And it is our
understanding as represented by Mr. Knox, that once this resolution is
approved, as modified by any additional terms this Commission may wish to add
today, that's what the resolution speaks to, any additional terms or
provisions you want to add, then Mr. Knox will be in a position to provide us
with the financials, as is my understanding, of the joint venture partner,
because as of this time, we don't have those financials.
Mayor Suarez: OK. That's a very long way of saying that again, the lease
and... long term lease to the CBO in question here, and the sale of the land
back to the City will take place in a simultaneous closing before which we
will be satisfied that the whole thing is viable. But as of now, to answer
Vice Mayor's question, what do you know about the financial viability of the
deal? - or, if...
Ms. Maer: We don't have any information on it.
Mr. Odio: We are promised that the moment this was done, we will get total
disclosure on the...
Mayor Suarez: All right. Vice Mayor, any other further questions on that
inquiry, or you are going to be satisfied to give them the basic approval
until it comes back for the final closing?
Vice Mayor Plummer: How long does the closing usually take?
Mr. Waters: We estimate it could... assuming everything goes well, sixty
days, we could...
Vice Mayor Plummer: All right. Is it reasonable that prior to the closing
that they come back to this Commission to give us comfort that that is a go
item?
156 January 10, 1991
i
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i
Ms. Maer: This resolution provides
that all
you are doing today, is approving
it in principle and everything will
come back
to this Commission.
Mayor Suarez: Fine. So the answer
is yes?
Ms. Maer: Before any documents are
executed.
Vice Mayor Plummer: OK.
=
Mayor Suarez: Yes, yes, yes. He
will have
plenty of opportunity to get the
information on the financial viability.
All
right.
Vice Mayor Plummer: One thing I don't need is just one more piece of
property.
Commissioner Dawkins: OK. Let me put in the records, Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: To put in the records...
Mayor Suarez: Yes, sir.
Commissioner Dawkins: ... that I have problems with this, but if we need to
do... we need to get off square one, and I want Mr. Mulvena to peg back to his
board that Miller Dawkins feels that instead of working with Jackie Bell to
develop a hotel, that Off -Street Parking threw this back into the laps of the
City Commission, and they want us to assume any of the fault over the years
where the hotel did not go up, and I resent us having told you to work with
them, and your having had the money long ago, and the wherewith all to do it,
and I resent it.
Mayor Suarez: Anything further from the Attorney for project?
Mr. Knox: No, sir.
Mayor Suarez: I think we are heading in the right direction here, George.
All right. De we have a motion and a second on item 25?
Vice Mayor Plummer: Excuse me, Mr. Mayor, item 25 is only a discussion item.
It is not for action.
Mr. Waters: No, it...
Mayor Suarez: Do we need a motion in principle?
Vice Mayor Plummer: I'm sorry, on my agenda it states that it is a discussion
item.
Mayor Suarez: Because if so, we will fashion it right here in the next minute
and a half, so that they can get our...
Mr. Waters: Your package...if you look at...
Commissioner Dawkins: Hold it, hold it. I have to remind... Let me help my
brother over there.
Mr. Knox: And there is a resolution.
Commissioner Dawkins: Item 25 is related...
Ms. Maer: It is not a discussion item, it is a legislation.
Commissioner Dawkins: ... legislation may result from City Commission
consideration of any discussion items.
Vice Mayor Plummer: It may.
Commissioner Dawkins: May.
Vice Mayor Plummer: I do not have any resolution in front of me.
157 January 10, 1991
Mr. Waters: yes, it is in your package.
Mayor Suarez: It is a resolution in principle, you are going to have
plenty of time to approve, or disapprove the final...
Vice Mayor Plummer: OK, fine. Go.
Commissioner Dawkins: I move in principle.
Mayor Suarez: So moved. Thank you.
Commissioner Alonso: Second.
Mayor Suarez: Second. I think by the way, the implication on the long term
lease aspect of this... of the comments you have heard is that, it be long
term, like long term. We understand that simplifies the whole process from a
legal standpoint, but we are not going to be taking this property back in a
short span time. They have got to be able to finance, et cetera. Call the
roll,
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-42
A RESOLUTION APPROVING, IN PRINCIPLE, THE CONCEPT OF
ACQUIRING MUNICIPAL LOT NO. 10 LOCATED AT
APPROXIMATELY NORTHWEST 1ST AVENUE BETWEEN NORTHWEST
4TH STREET AND NORTHWEST 5TH STREET, MIAMI, FLORIDA,
FROM THE DEPARTMENT OF OFF-STREET PARKING WITH THE
INTENT TO LEASE SAID PROPERTY TO THE NEW WASHINGTON
HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE INC. FOR THE
DEVELOPMENT OF A HOTEL AND 400 SPACE PARKING GARAGE IN
THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AREA SUBJECT TO THE TERMS SET FORTH
HEREIN AND SUBJECT TO THE PREPARATION OF APPROPRIATE
DOCUMENTATION ADDRESSING ALL OF THE CONCERNS OF THE
CITY COMMISSION AS MAY HAVE BEEN STATED ON THE RECORD
DURING THE CITY COMMISSION CONSIDERATION OF THIS ITEM
ON THIS DATE AND FURTHER SUBJECT TO CITY COMMISSION
REVIEW AND APPROVAL OF ALL DOCUMENTS PRIOR TO
EXECUTION THEREOF.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
158 January 10, 1991
•
•
37. DISCUSSION CONCERNING PROPOSED PURCHASE OF PROPERTIES IN CONNECTION WITH
LATIN QUARTER PROJECT.
Vice Mayor Plummer: Mr. Mayor, can I ask a question?
Mayor Suarez: Vice Mayor Plummer.
Vice Mayor Plummer: Mr. Mayor, back in November the 8th of last year, we gave
the administration thirty days in which to complete the Latin Quarter
transaction. That is now sixty days. Am I to assume that they have not
bought the property, and that they are now looking for another location?
Mayor Suarez: Sounds like a fair assumption.
Mr. Odio: Yes. We have not been able to buy that property.
Vice Mayor Plummer: OK. Am I given assurances today?...
Mr. Odio: I will give you a full...
Vice Mayor Plummer: ... that, that is a dead item now? I mean, you had
thirty days, and it's been sixty.
Commissioner De Yurre: The deal was to negotiate with Toledo whatever their
name is, what do we have on that?
Mr. Herb Bailey: We have a letter where they have made an offer. We have
requested that, that offer be backed up by another appraisal, because the one
they have is several years old. They have indicated to us that they would get
a new appraisal from Stack. I just talked with...
Vice Mayor Plummer: Herb, is that the only property involved?
Mr. Bailey: No. That is the... we had looked at several blocks.
Vice Mayor Plummer: Well, you know, I mean, the Commission was very clear on
November 8th. Either in thirty days... because you see, that's what I am
trying to stop. Why go pay for more appraisals, even in this particular...
Commissioner De Yurre: We are not paying for that, they are paying for it.
Vice Mayor Plummer: OK.
Mr. Bailey: They are paying for it.
Vice Mayor Plummer: But why continue to beat a dead horse? This Commission
set a terminology of thirty days, it's now been sixty, I am assuming that the
matter is closed, and that we, the administration, is out now looking for a
new site.
Commissioner De Yurre: J.L., let me explain a little bit. We are out as far
as the original property is concerned, you know, because we cannot assemble
that property. Now, one the options that we have had all along, is doing it
next to McDonalds, next to the property that is there, and taking now the
Tower Theater, is part of that negotiation.
Vice Mayor Plummer: Where are we going to get?...
Commissioner De Yurre: We are looking at that, and if the numbers come within
basically what we are looking at, then we have something to bring back to the
Commission, but it has got to be something that is going to come up pretty
soon by February, so we can act on this.
Mr. Bailey: In answer to your question, is yes. We had... that site is out,
and we are now looking at a new site.
Vice Mayor Plummer: So thirty days is now ninety days, is that what you are
telling me?
159 January 10, 1991
Mr. Bailey: We are looking at a new site.
Commissioner Alonso: But remember...
Vice Mayor Plummer: Mr. Mayor, I hope to be back by seven.
NOTE FOR THE RECORD: At this point Vice Mayor Plummer left the
meeting at 5:22 p.m.
Commissioner Alonso: OK. Remember, if we are going to have major changes, to
have a public hearing.
Commissioner De Yurre: That's no problem, because everything is public here.
Mayor Suarez: OK.
I
37.1 BRIEF DISCUSSION ON DR. MARTIN LUTHER KING JR. PARADE.
�i
--------------------------- ---------------------------------------------------
i
i,
! Commissioner De Yurre: Mr. Mayor, can we listen to Mr. Marshall here for a
minute, so we can wrap that up?
Mayor Suarez: Dr. Marshall, let's do that quickly.
Commissioner Alonso: Yes, and you're taking the Municipalities after?
-� Commissioner De Yurre: And see exactly what had been worked out.
J
Mayor Suarez: Yes, and let's do the Cuban Municipalities quickly, too.
Commissioner Alonso: Yes.
Mayor Suarez: Dr. Marshall, you, and the Manager said something about having
worked everything out? Is that the case, or is that not the case?
Potentially, having worked everything out? Possibly having worked everything
out? Maybe having...
Dr. Preston Marshall: Yes.
Mr. Odio: Yes, it's worked out.
Mayor Suarez: Worked out. All right, thank you. You've been most eloquent.
Commissioner Alonso: Thank you.
Dr. Marshall: I think we already have the official street closure, right?
Mr. Odio: Yes, the official street closure. We don't need anything.
Mayor Suarez: All right, very good.
Commissioner De Yurre: Then everything else will be worked out. OK,
wonderful.
160
January 10, 1991
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38. APPROVE REQUEST BY CUBAN MUNICIPALITIES FAIR CORP. FOR USE OF FLAGLER
DOG TRACK PARKING LOT AND NECESSARY PERMITS IN CONNECTION WITH THE 9TH
NATIONAL FAIR OF CUBAN MUNICIPALITIES IN EXILE.
------------------------------------------------------------------------------
Commissioner Alonso: Can we take the Municipalities now? MUNICIPIOS.
Mayor Suarez: Cuban Municipalities at the request, Commissioner Alonso, out
of turn, and we'll go quickly through it. What is pending on this?
Mr. Fernandez: What number is that, Mr. Mayor.
Mayor Suarez: I don't know.
Mr. Fernandez: Forty-five.
Commissioner De Yurre: Where is Mr. Blanco?
Commissioner Alonso: DONDE ESTA BLANCO?
Mr. Fernandez: It's item number 45, Mr. Mayor.
Commissioner Alonso: Miriam, what do they want? - just the permit to hold
their festival?
Mayor Suarez: Is it on the same basis as last year? Does anybody know,
Sergio?
Commissioner De Yurre: That's right.
Commissioner Alonso: If all that they want is...
Mr. Sergio Rodriguez: What I believe you have to do, you have a limitation
how many activities you can have in the race track, and this will allow them
to basically waive that number of activities.
Mayor Suarez: It's a waiver of that limitation that we have already built
into it?
Mr. Rodriguez: And then they have to get a permit through the City as a class
B permit.
Commissioner Alonso: That's all we need to do?
Mr. Rodriguez: That's all you need to do.
Commissioner Alonso: I so move.
Mayor Suarez: All right, so moved.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
16l January 10, 1991
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-43
A RESOLUTION RELATED TO THE CUBAN MUNICIPALITIES FAIR
TO BE CONDUCTED BY THE CUBAN MUNICIPALITIES FAIR
CORPORATION ON APRIL 4-7, 1991, ON THE GROUNDS OF THE
FLAGLER DOG TRACE; DECLARING THAT SAID FAIR SHALL NOT
BE CONSIDERED AS ONE OF THE TWO ALLOWED EVENTS PER
SITE PER YEAR FOR ACTIVITIES OF THIS TYPE; CONDITIONED
UPON THE ORGANIZERS PAYING FOR THE NECESSARY COSTS OF
CITY SERVICES ASSOCIATED WITH SAID EVENT AND SUBJECT
TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE
CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER
OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
39. AUTHORIZE EXECUTION OF MEMORANDUM OF AGREEMENT WITH: (a) FEDERAL BUREAU
OF PRISONS, (b) FLORIDA STATE HISTORIC PRESERVATION OFFICER, AND (c)
ADVISORY COUNCIL ON HISTORIC PRESERVATION (AUTHORIZING CITY'S
PARTICIPATION IN THE FEDERAL HISTORIC PRESERVATION REVIEW PROCESS FOR
THE PROPOSED METROPOLITAN DETENTION CENTER).
------------------------------------------------------------------------------
Mayor Suarez: Item 26.
Mr. Joe McManus: Item 26, Mayor, is, the City of Miami has been invited by
the Federal Council on Historic Preservation to join in a four party agreement
between the Federal Council and Historic Preservation, the State Historic
Preservation office, the Federal Bureau of Prisons and the City of Miami, on a
memorandum of agreement on the procedures with regard to the Metropolitan
Detention Center, the thousand bed detention center is going to be built in
downtown Miami, and North Miami Avenue between 4th and 5th Street. As you
recall, this would involve the construction of the detention center, and the
site would have an impact on the historic Chaille block, and also on the
adjacent US Post Office and Court House. A similar agreement has already been
executed relating to the Law Enforcement Building which is on the other
half... to be built on the other half of this block, among the same four
parties. I would like to point out to you that there are certain unresolved
issues with regard to the retention of the arcades in the right-of-way of
North Miami Avenue, and the Law Department is currently working on this. This
Memorandum of Agreement deals only with procedures between the four parties,
and does not deal with substance. Thank you.
Mayor Suarez: And you are saying that we are heading in the same direction as
the three party agreement, or two party agreement, whatever it was that we
made with Federal GSA for the building of the... what was known as the Law
Enforcement building?
Mr. McManus: Only as it effects historic preservation. That's the only issue
here. The effect of historic preservation.
Mayor Suarez: Why do we need a memorandum of agreement on procedure to
discuss historic preservation? What do they want from us on historic
preservation that we can't do by a simple resolution?
162 January 10, 1991
11
Mr. McManus: What this does is guarantee the City's participation. On design
review of drawings, for example, we have a certain number of days to review
the drawings...
Mayor Suarez: That's all it is? - just their recognition that we consider
this a historic preservation effort, et cetera, et cetera?
Mr. McManus: This is procedures and review of the design of the detention
-i center.
Mayor Suarez: My God Almighty. All right. If anybody has any problems with
this, state it, if not, let's move it, and get on with it. This doesn't have
any financial implications for us? - we are not undertaking any liabilities,
or otherwise approving it, or whatever?
Mr. McManus. No, sir. Procedural only.
Commissioner Alonso: And very little choice.
Mayor Suarez: Yes, we don't have much choice besides.
Commissioner Alonso: That's right.
Mayor Suarez: I guess if we want to retain any semblance of control over the
historic preservation aspect of it, is that what you are saying?
Mr. McManus: That's right, Mr. Mayor.
Commissioner Alonso: So we might as well move.
Mayor Suarez: So moved. Second. Any discussion? If not, please call the
roll.
i
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-44
A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT IN
SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH THE
FEDERAL BUREAU OF PRISONS, FLORIDA STATE HISTORIC
PRESERVATION OFFICER, AND ADVISORY COUNCIL ON HISTORIC
PRESERVATION, AUTHORIZING THE CITY'S PARTICIPATION IN
THE FEDERAL HISTORIC PRESERVATION REVIEW PROCESS FOR
THE PROPOSED METROPOLITAN DETENTION CENTER.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
163 January 10, 1991
------------------------------------------------------------------------------
40. AUTHORIZE PURCHASE OF POLICE HORSES (LAW ENFORCEMENT TRUST FUND).
------- ----------------------------------------------------------------------
Mayor Suarez: Item 27.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved. Second. Any discussion on 277 If not, please call the
roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-45
A RESOLUTION AUTHORIZING THE PURCHASE OF TEN (10)
POLICE HORSES, OVER A FIVE (5) YEAR PERIOD, AT A TOTAL
EXPENDITURE NOT TO EXCEED $30,000, AND ALLOCATING
FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND,
SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF
POLICE AND BEING SUBJECT TO APPLICABLE CITY CODE
PROCUREMENT PROVISIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: Yes, I love horses.
Mayor Suarez: Yes, she loves horses, she says.
164
January 10, 1991
41
AUTHORIZE CONTRIBUTION TO CRIME STOPPERS ANONYMOUS OF DADE COUNTY
Mayor Suarez: Item 28. Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion on 28? If not, please call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-46
A RESOLUTION AUTHORIZING A CONTRIBUTION OF $10,000, TO
CRIME STOPPERS ANONYMOUS OF DADE COUNTY, FLORIDA;
ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED
$10,000 FROM THE LAW ENFORCEMENT TRUST FUND, SUCH
EXPENDITURE 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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
42. ACCEPT BID: M. VILA AND ASSOCIATES - FOR MORNINGSIDE HIGHWAY
IMPROVEMENT (SECOND BIDDING - PROJECT 341116).
Mayor Suarez: Item 30, thank you.
Commissioner Dawkins: What is it now?
Commissioner Alonso: Yes, move.
Mayor Suarez: Item 30, accepting the bid.
Commissioner Alonso: The Morningside Highway.
Mayor Suarez: The Morningside Highway.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved and second. Any discussion? If not, please call the
roll on 30.
165 January 10, 1991
11
11
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-47
A RESOLUTION ACCEPTING THE BID OF M. VILA 7
ASSOCIATES, INC., IN AN AMOUNT NOT TO EXCEED
$2,167,376.00 BASE BID OF THE PROPOSAL, FOR
MORNINGSIDE HIGHWAY IMPROVEMENT (SECOND BIDDING); WITH
MONIES THEREFOR ALLOCATED FROM THE 1991 CAPITAL
IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO. 341116,
IN THE AMOUNT OF $2,167,376.00 TO COVER THE CONTRACT
COST; AND $407,623.00 TO COVER THE ESTIMATED EXPENSES,
FOR A TOTAL OF $2,574,999.00; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
NOTE FOR THE RECORD: At this point, item 31 was
tabled.
43. APPOINT CERTAIN INDIVIDUALS TO THE MIAMI RIVER COORDINATING COMMITTEE
(Appointed were: Bijan Nakhjavan and Huber Parsons.)
Mayor Suarez: Item 32.
Mr. Odio: We need the appointment of the...
Mayor Suarez: Miami River Coordinating Committee. We've got just my
appointment pending, or anybody else's appointment?
Mr. Odio: I believe it's your appointment.
Commissioner Alonso: We have to fight for two.
Mayor Suarez: OK. Huber Parsons, I know has been on the board, served to
distinction. Is he here? - he was here most of the day.
Commissioner Alonso: He wanted to be reappointed, right?
Mayor Suarez: Yes.
Commissioner Alonso: Yes.
Mayor Suarez: So moved by Commissioner Alonso on reappointing Huber Parsons
to the Miami River Coordinating Committee.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
166 January 10, 1991
11
AT THIS POINT, ON MOTION MADE BY COMMISSIONER ALONSO, AND SECONDED BY
COMMISSIONER DAWKINS, HUBER PARSONS WAS APPOINTED TO THE MIAMI RIVER
COORDINATING COMMITTEE, (SEE R-91-48 BELOW) BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
Mayor Suarez: Was there another appointment?
Commissioner Dawkins: Yes, I have one. Bijan.
Mr. Odio: Bijan.
Mayor Suarez: Bijan, does anybody want to try the last name?
Mr. Odio: Nakhjavan.
Mayor Suarez: All right.
Mr. Odio: Whatever, I'll give him the spelling afterwards.
Mayor Suarez: The City Clerk I am sure knows how to spell that, and other
relevant agencies. Moved. Do we have a second?
Commissioner Alonso: Yes.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-48
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE
MIAMI RIVER COORDINATING COMMITTEE TO SERVE SPECIFIED
TERMS 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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr..
�11
n
44. (A) DISCUSS AND TABLE APPOINTMENT OF INDIVIDUALS TO THE URBAN
DEVELOPMENT REVIEW BOARD.
(B) MAYOR SUAREZ EXPRESSES DISAGREEMENT WITH ASSIGNMENT OF STAGGERED
TERMS OF APPOINTMENTS TO CITY BOARDS AND COMMITTEES.
Mayor Suarez: Thirty-three, the Urban Development Review Board, what
appointments are pending?
Commissioner Alonso: Commissioner De Yurre's appointment.
Mr. Odio: It's Commissioner De Yurre.
Mr. Olmedillo: Two appointments by Commissioner De Yurre, and uniform the
date to December 31st, so we don't have to come back to you three, four times
a year to have the new appointments made.
Mayor Suarez: I sure hope that we don't have to come back three, or four
times a years.
Commissioner Alonso: I hope not.
Mayor Suarez: What do we need to do for that?
Mr. Olmedillo: I hope so, too.
Mr. Fernandez: And after initial staggering, everybody is for three years,
thereafter. And everybody ends at the same time.
Commissioner Alonso: You have two.
Mayor Suarez: OK. Do we have any pending nominations?
Commissioner De Yurre: I'll think of a couple. Do I have to give it right
now? - because I don't have a name.
Mayor Suarez: OK. Table the item until Commissioner has anything. Do we
need to... has his appointments. Do we need to vote on the other matter?
Mr. Olmedillo: Defer to the Law Department on this.
Commissioner Alonso: No, it's just appointments.
Mr. Fernandez: It's all part of the same resolution, so...
Mayor Suarez: It's all part of the same resolution?
Mr. Fernandez: Right.
Mayor Suarez: You rather not split it up. Maybe, you can maybe make some
suggestions to Commissioner De Yurre in the meantime.
Mr. Fernandez: Yes.
Mayor Suarez: Then we can take up the item altogether at that time.
Mr. Olmedillo: OK.
Mayor Suarez: You know, the idea of staggering by the way, I know why you do
it, I know you think it's great because somehow it provides continuity and all
that, right? - that's the theory of it, staggering terms?
Mr. Olmedillo: Right.
Mayor Suarez: What it does is really create a lot of confusion. We have no
problem reappointment most of the people to most boards, at the same time when
their terms come up, and by staggering them, and giving them different terms,
and all that, all you do is just create paper work. As far as I am concerned,
I don't know how the rest of the Commission feels, you can make them all
168 January 10, 1991
simultaneous terms, their terms are up, we will reappoint most of them, or we
don't, if they haven't done a good job, and you don't need to be staggering,
and having lot drawings to see who gets longer terms, or any of that nonsense.
Commissioner Dawkins: I'm with the Mayor, let's go.
45. REAPPOINT INDIVIDUALS AS MEMBERS OF CITY OF MIAMI AFFIRMATIVE ACTION
ADVISORY BOARD - CONFIRM SELECTION OF AFSCME REPRESENTATIVE.
(Reappointed were: Laurastine Pierce and Nora Hernandez Hendrix;
confirmed AFSCME representative was: Omar Castro).
Mayor Suarez: Item 34, thank you. Affirmative Action Advisory Board.
Commissioner Alonso: One appointment is...
Mayor Suarez: Who has got a pending appointment?
Commissioner Alonso: Commissioner De Yurre, Commissioner Dawkins, and two...
Mr. Odio: Mayor Suarez.
Commissioner Alonso: ... the Mayor.
Mayor Suarez: Who are my appointments, and... Hattie.
Ms. Hattie Daniels: Yes, there are two reappointments, Commissioner Dawkins,
that would be Miss Laurastine Pierce, and also Nora Hernandez Hendrix, I
think, that represents...
Commissioner Dawkins: I'll reappoint both of them.
Mayor Suarez: Moved to reappoint both of them.
Ms. Daniels: I think one is Commission De Yurre's though, and one would be
Commissioner Dawkins.
Mayor Suarez: All right.
Ms. Daniels: And then we need two new appointments which would both be your
appointments, Mayor.
Mayor Suarez: Why new? My people are not interested in continuing to serve?
Ms. Daniels: Before, several of those appointments terminated, and then I
believe you appointed two new individuals, but they did not... one did not
reside in the City, the other did not wish to serve, so therefore there are
still two appointments that are needed.
Commissioner De Yurre: I'll reappoint mine, so that takes care of that.
Mayor Suarez: I have to table mine until I get a couple of appointments.
Hopefully, I'll have them in a few minutes. OK, as to the ones nominated by
Commissioners De Yurre, and Dawkins, we have a motion and a second by the two
of them. Call the roll.
169 January 10, 1991
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-49
A RESOLUTION APPOINTING FOUR INDIVIDUALS TO SERVE AS
MEMBERS OF THE CITY OF MIAMI AFFIRMATIVE ACTION
ADVISORY BOARD AND CONFIRMING THE SELECTION OF ONE
INDIVIDUAL BY CERTIFIED BARGAINING REPRESENTATIVES OF
CITY EMPLOYEES AND RECOGNIZING SAID INDIVIDUAL AS A
BOARD MEMBER.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
46. WAIVE FORMAL COMPETITIVE BID PROCEDURE IN ACQUISITION OF SERVICES,
EQUIPMENT, GOODS AND/OR MATERIALS REQUIRED FOR ROBERTO CLEMENTE PARK
REHABILITATION PROJECT ($1,100,000) - RATIFY MANAGER'S FINDING OF VALID
EMERGENCY.
Mayor Suarez: Item 35.
Mr. Odio: This is to waive formal. competitive bid. This is on the Clemente
Park, so that we can start processing there immediately, and we hope to have a
ground breaking in two week, Mr. Mayor.
Mayor Suarez: All right. I'll entertain a motion on 35.
Commissioner Alonso: I so move.
Mayor Suarez: So moved. Second. Any discussion on 35? If not, please call
the roll.
Mr. Odio: You have something to say?
Mr. Fernandez: But before you take the...
Mayor Suarez: Yes, yes, go ahead.
Mr. Fernandez: Before you take the roll, Mr. Mayor, I just want to notify you
that there is a small modification inserted in this resolution, and that is,
that whereas, but more importantly, on section four, section four should start
reading, if required, giving the administration the flexibility that they
themselves can apply their own building company, or construction as part of
public works to get this done.
Commissioner Alonso: I thought that was the key of it.
Mr. Fernandez: Yes.
Mayor Suarez: OK. That's built in to it?
Mr. Fernandez: Yes, it is.
Mayor Suarez: All right, on thirty-five, we have a motion and a second, do
we? Call the roll.
I 170 January 10, 1991
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-50
A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE
MEMBERS OF THE CITY COMMISSION WAIVING FORMAL
COMPETITIVE BID AND SELECTION PROCEDURES FOR THE
ACQUISITION OF SUCH SERVICES, EQUIPMENT, GOODS AND/OR
MATERIALS AS MAY BE REQUIRED FOR THE REDEVELOPMENT
PORTION OF THE ROBERTO CLEMENTE PARK REHABILITATION
PROJECT; RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING THAT A VALID PUBLIC EMERGENCY EXISTS
JUSTIFYING SUCH WAIVER FOR SAID PROJECT; AUTHORIZING
THE CITY MANAGER TO ACCEPT THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDS) FOR NECESSARY IMPROVEMENTS,
SERVICES, EQUIPMENT, GOODS AND/OR MATERIALS FOR SAID
PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY AGREEMENT(S), IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR PROFESSIONAL DESIGN SERVICES IF
REQUIRED FOR SAID PROJECT; ALLOCATING FUNDS THEREFOR
IN AN AMOUNT NOT TO EXCEED $1,100,000 FROM THE CAPITAL
IMPROVEMENT PROJECT OF THE SAME NAME, PROJECT NO.
331056; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AND/OR ISSUE THE NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE
SUCCESSFUL BIDDER(S).
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
Mayor Suarez: Please don't make us go to a ground breaking and then find out
that the project is not really underway.
Mr. Odio: No. If you come out to a ground breaking, it's because we're
starting breaking.
Mayor Suarez: We've been know to do that. I mean, ground break, when there
is really ground being broken, all right?
Mr. Odio: I told you, you break ground if you are going to start work.
Mayor Suarez: Don't throw dirt around, unless I can throw it at the Parks
Director.
Mr. Odio: On the 15th we will start demolishing, so...
171 January 10, 1991
47. PERMANENTLY RESTRICT VEHICULAR ACCESS TO N.W. 34 TERRACE BETWEEN
EASTERLY SIDE OF INTERSECTION WITH N.W. 2 AVENUE AND A PORTION WESTERLY
SIDE OF INTERSECTION WITH N.W. 1 AVENUE.
Mayor Suarez: All right. Item 36.
Commissioner Alonso: I so move.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-51
A RESOLUTION PERMANENTLY RESTRICTING VEHICULAR ACCESS
TO NORTHWEST 34TH TERRACE BETWEEN THE EASTERLY SIDE OF
ITS INTERSECTION WITH NORTHWEST 2ND AVENUE AND FIFTY
FIVE (55) FEET WEST OF THE WESTERLY SIDE OF ITS
INTERSECTION WITH NORTHWEST 1ST AVENUE, IN THE CITY OF
MIAMI, FLORIDA; SUBJECT TO THE PROVISIONS CONTAINED
WITHIN THIS RESOLUTION; DIRECTING THAT THE CITY CLERK
TRANSMIT A COPY OF THIS RESOLUTION TO ALL INTERESTED
AGENCIES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
Mayor Suarez: On item 36, we just voted, let me just clarify. Did anyone
wish to be heard on item 36? Let the record reflect no one stepped forward.
------------------------------------------------------------------------------
48. CONFIRM ASSESSMENT ROLL - FOR CONSTRUCTION OF MANOR HIGHWAY
IMPROVEMENT - PHASE IV (DISTRICT PHASE IV H-4519).
I'
------------------------------------------------------------------------------
Mayor Suarez: On item 37. Confirming the assessment roll for Manor Highway
improvement. Does anyone wish to be heard on this item? Let the record
reflect no one stepped forward on the public hearing. I'll entertain a motion
on 37.
Commissioner Alonso: Move.
Mayor Suarez: Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
172 January 10, 1991
l
tr
i
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-52
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF MANOR HIGHWAY IMPROVEMENT - PHASE IV
IN MANOR HIGHWAY IMPROVEMENT DISTRICT - PHASE IV H-
4519 AND REMOVING ALL PENDING LIENS FOR THIS
IMPROVEMENT NOT HEREBY CERTIFIED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
49. CONFIRM ASSESSMENT ROLL - FOR CONSTRUCTION OF WYNDWOOD HIGHWAY
IMPROVEMENT (DISTRICT H-4514).
Mayor Suarez: On item 38. Does anyone wish to be heard on this confirmation
of assessment roll? Let the record reflect no one stepped forward. It's
Wyndwood Highway improvement. Is that the same as Wynwood?
Commissioner Dawkins: Yes.
Commissioner Alonso: Yes.
Mr. Odio: Same as Wynwood.
Mayor Suarez: All right. You might want to take the "d" off, who knows, it
might confuse everything. Do we have a motion on this?
Commissioner Alonso: So moved.
Mayor Suarez: Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-53
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF WYNDWOOD HIGHWAY IMPROVEMENT IN
WYNWOOD HIGHWAY IMPROVEMENT DISTRICT H-4514 AND
REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT
HEREBY CERTIFIED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
03 January 10, 1991
11
11
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
50. CONFIRM ASSESSMENT ROLL - FOR CONSTRUCTION OF ALLAPATTAH HIGHWAY
IMPROVEMENT - PHASE II (DISTRICT PHASE II H-4507).
Mayor Suarez: Item 39. Confirming assessment roll for Allapattah.
Commissioner Alonso: Move.
Mayor Suarez: Moved. Phase II.
Commissioner Dawkins: Anyone coming forward...
Mayor Suarez: Does anyone wish to be heard... thank you, Commissioner... on
this item? Let the record reflect no one stepped forward. Call the roll on
38.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-54
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF ALLAPATTAH HIGHWAY IMPROVEMENT - PHASE
II IN ALLAPATTAH HIGHWAY IMPROVEMENT DISTRICT - PHASE
II H-4507 AND REMOVING ALL PENDING LIENS FOR THIS
IMPROVEMENT NOT HEREBY CERTIFIED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
174
January 10, 1991
51. PERSONAL APPEARANCE BY MIRIAM DONNER CONCERNING HER ONGOING LAWSUIT
AGAINST CITY OF MIAMI.
Mayor Suarez: OK. Forty-one is...
Ms. Miriam Donner: Yes, here.
Mayor Suarez: ... yes, Miriam Donner.
Ms. Donner: Mr. Mayor, and Commissioners, I am Miriam Donner. I have a case
pending against the City for about fifteen years. I was arrested for
exercising my first amendment right, and was subject to criminal and inhumane
treatment while in jail. The criminal charges against me were dismissed. The
police officer who arrested me, testified that my conduct was in his mind, in
a gray area, not enough to form a basis for an arrest. The City Attorney and
the insurance company's attorneys, Michael Morphie, and Phil Knight, had been
torturing me, and misleading me and the court, and they have engaged the court
in exparte communication. They have concealed public record, and insurance
information about over a five million dollars ($5,000,000) in insurance
coverage. Police Department public record of its regulation, have been
destroyed without permission of the Florida Department of Archives. Risk
Management claim file, have also been destroyed without permission of Florida
Department of Archives. Destruction of public record without permission is a
misdemeanor. If you want to verify my allegation, all you have to do is look
through the fifteen volume of my case file. I feel that I am being
discriminated against in the way that the City is handling this case, and in
the way the taxpayer money is being used in defending of my case, and in
torturing me. I have no day and no night for fifteen years. I feel that I am
being discriminated against in that no other case has been dragged on so long
a time without settlement. I would like the City to have some action, to stop
the abuse and the torture that have been taking place in this case in the name
of the City of Miami, and to get this case fairly settled. Thank you.
Mayor Suarez: Thank you. City Attorney has been following the matter?
Mr. Leon Firtel: Yes, I have. Mr. Mayor, just like to...
Mayor Suarez: There is no action for the Commission to take at this point on
these specific allegations?
Mr. Firtel: None at all.
Mayor Suarez: All right, thank you. Thank you, Miss Donner.
Ms. Donner: Thank you.
52. DISCUSSION CONCERNING PROPOSAL TO LOCATE PERFORMING CULTURAL ARTS CENTER
PROJECT ON THE FEC SITE. (See label 69)
Mayor Suarez: Item forty... I'm sorry, we have a County Commissioner here,
and we have a courtesy system in place. Commissioner Mary Collins, I presume
you are not here on a private matter for compensation here, on a matter of
public interest. The only thing we ask is that you convey back to your own
Mayor, that when we show up on a matter, that they also take us out of turn,
as we are doing with you, ma'am. Commissioner Mary Collins, I think she is
assisted by George Knox who is presumably also be here also on a
noncompensatory basis on this item, but is going to otherwise make
compensation today. Yes, Commissioner, good to see you.
Ms. Mary Collins: Thank you so much, Mayor Suarez, and all of you for
allowing me to address your Commission. As you know, the County Commission
has approved the financing of a Performing Arts Center. The County's Culture
and Recreation Committee has approved the makeup of the governing board, and
now we must select a site. I understand there is a possibility that City
175 January 10, 1991
owned land in Bicentennial Park may be available as a location for the new
Arts Center, which will be one of the architectural landmarks in our
community, a cultural and artistic legacy for future generations. Should you
in your wisdom decide to make that site available, I pledge I will use all the
resources available to me as Chairman of the County's Culture and Recreation
Committee that is studying the issue to give your side immediate and serious
consideration, and I thank you again for having me here.
Mayor Suarez: OK, thank you, Commissioner. George, you want to add anything
to it. I know you've got some distinct feelings on it.
Mr. George Knox: No, Mr. Mayor. I know that the Commission will be
discussing this item in connection with its Overtown public hearing. • We
appreciate the fact that you heard Commissioner Collins, and we will have a
presentation regarding the same subject matter at the time that you call a
public hearing regarding Overtown/ParkWest. Thank you, sir.
Mayor Suarez: OK. When is that scheduled? - is that still...
Commissioner Dawkins: Item 60.
Mayor Suarez: ... that's item 60? George is the implication what you are
going to tell us on item 60, and what the Commissioner was sort of directing
us to think about, is the possibility that if this was somehow built on
Bicentennial... EEC? - EEC Bicentennial, either one, that it would then come
under the Southeast Overtown tax increment district as presently configured,
or as we would modify?
Mr. Knox: Well that's a choice actually that the Commission would be called
upon to make at the appropriate time. Now you do have the option to amend the
tax increment district by a fairly routine process. At the same time, as it
is presently constituted, the reason that we will be urging that the EEC site
be selected is, that your Planning and your Development Departments have
indicated that the increment to Overtown Park/West with that kind of a magnet
in the park, would substantially accelerate development, and would throw off
revenues that could result in about fifty million dollars ($50,000,000) worth
of new development in the Overtown/ParkWest area. So either the Tax Increment
District could be amended to into the park...
Mayor Suarez: Somebody has got his math wrong on that. Most it could ever
possibly be would be, at very most sixteen, but for a hundred and sixty
million dollar ($160,000,000) project.
Mr. Knox: Right. This is a hundred and sixty...
Commissioner De Yurre: No, let's make one thing clear. That money, that
would never be a taxable structure, so that's not... just like the arena.
Mayor Suarez: That's the other issue. What makes you think that it would
throw any tax increment if the structure ended up being built by agencies, or
whatever or not, subject to the real estate tax.
Mr. Knox: Well what happens is...
Mayor Suarez: Or you don't expect that, that would happen if it?...
Mr. Knox: Well it operates as one of the so called, activity centers that
spur development to the same extent that the arena for example, spurred the
development of the housing complexes around it, and what we believe is that
the property on the west side of the boulevard, would be enhanced in value,
and that developers would love an opportunity to build five star and high
quality developments which would overlook the Burle-Marx project, overlook the
park, with the Performing Arts Center in it. So that the schedule for
development is accelerated. Your staff says that, by present evolution, it
?' will take twelve to fifteen years to develop the west side of the boulevard
between 2nd and llth Streets. With the development... with a decision to
locate the Performing Arts Center in the park, that whole process could be
condensed, and we could look forward to development coming out of the ground
on a much more accelerated schedule.
Mayor Suarez: But you don't have an opinion at this point as to whether in
fact, that structure would be taxable, would providing real estate taxes?
176 January 10, 1991
6 #_
Mr. Knox: No, except to the extent that I can tell you that the law requires
that the operation of the facility be a non profit operation, and that if
there is any corporation that's responsible for the management, that has to be
a 501C3. Now the question of bonding, and the tax implications associated
with that, are ones that I am sure the City Attorney would resolve, but we do
have a public purpose facility operated by a non profit corporation,
satisfying a public purpose, I would think that whatever tax relief would be
available, would be appropriate under those circumstances, as distinguished
from a private development on public property where there would be some tax
requirements.
Commissioner Dawkins: Wouldn't you say Commissioner... I mean, Attorney Knox,
that... and I am against it, but I've got to help speak with you, that by
putting that entity there that would spur other development around that
entity, that would be tax producing?
Mr. Knox: Yes, sir. And it would go all the way, especially to hard co...
what we call, west of the tracks in Overtown.
Commissioner Dawkins: And the railroad track is the rapid transit?
Mr. Knox: Yes, sir. The Metrorail is the track.
Commissioner Dawkins: The railroad track.
Mayor Suarez: OR. Live on the right and the wrong side of the tracks,
illustrated by that particular railroad track as it happens. OK, anything
further Commissioners?
Ms. Sheila Anderson: Mr. Mayor.
Commissioner De Yurre: Are we discussing this issue now, or is it going to
come up on item 60?
Commissioner Dawkins: Coming up in sixty.
Commissioner De Yurre: OR.
Ms. Anderson: May I speak to this?
Mayor Suarez: Quickly, Sheila.
+ Ms. Anderson: Sheila Anderson, real estate agent, offices at 1 Biscayne
i Tower. I am the head of the volunteer program in support of the Performing
1 Arts Center Trust. I have been at the meetings for the last year and -a -half. I
have read all of the minutes, and I would tell you that it's my understanding
; that this facility will be owned by Dade County. So to set the Mayor's
understanding clear, or perception of the project, it will not be privately
owned, it will be owned by Dade County. I would have to disagree from a
professional prospective with Mr. Knox's comments that additional development
will occur across the street from the park. That will not occur in my
opinion, because Biscayne Boulevard acts as a barrier. It's so wide that
people do not cross it, and go across the street. Bayside is a good
experience to demonstrate to you that, that does not occur. A site is...
!r�
Mayor Suarez: OR.
Ms. Anderson: ... In negotiation right now. The Performing Arts Center Trust has
not said that it is not acceptable.
Mayor Suarez: OR, thank you. Unless any Commissioner wants to delve in this
further, it may very well come up again as part of the discussion on item 60.
iI need some quiet in the back of the chambers, until we figure out a way to...
a do we have an officer back there? - City Manager where have they gone when we
need them? They are gone. All right.
i
i�
I �+
i
II
f:k
177 January 10, 1991
53. (Continued Discussion) APPOINT INDIVIDUALS AS MEMBERS OF CITY OF MIAMI
AFFIRMATIVE ACTION ADVISORY BOARD. (Appointed were: Alicia Baro and
Danny Couch - see label 45.)
Mayor Suarez: On item 34, if we just may backtrack, I've got a nomination on
my appointments to the Affirmative Action Advisory Board. Alicia Baro, and
Danny Couch, so moved.
Commissioner Dawkins: Second.
Mayor Suarez: Thank you, call the roll.
ON MOTION DULY MADE BY MAYOR SUAREZ AND SECONDED BY COMMISSIONER
DAWKINS, ALICIA BARO AND DANNY COUCH WERE APPOINTED AS MEMBERS OF
THE AFFIRMATIVE ACTION ADVISORY BOARD BY THE FOLLOWING VOTE (THIS
MOTION IS INCORPORATED INTO R-91-49.)
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
54. APPOINT / REAPPOINT INDIVIDUALS TO BAYFRONT PARK MANAGEMENT TRUST.
(Reappointed were: Lori Weldon, Alan Weisberg, Rodney Barreto,
Ghislain Gouraige, Henry Courtney; appointed were: Carol Ann Taylor,
JoAnn Pepper, Matthew Schwartz, Raul Tercilla & Gary Schweitzer.)
Mayor Suarez: On item 42, I've got a note from someone named Ira. Is that,
by any chance, Ira Katz, our Bayfront Park Management Trust Executive Director
and also Parks official and all of that stuff, right? That says that
Commissioner Plummer would like to be present for this item?
Mr. Ira Katz: He's not going to be here. It was just to clarify some terms
that he was going to bring up.
Mayor Suarez: Well, what is controversial about it, if not, we'll just wait
till he gets back. Hopefully, he'll be back after 7:00, he said.
Commissioner Alonso: The appointments and...
Mr. Katz: It's non -controversial, that's why I asked if you wanted to...
Mayor Suarez: OK, do we have reappointments that are acceptable to this
Commission? There's no problems with it? I mean, do we have anything that is
problematic that you're anticipating?
Mr. Katz: I've discussed it, with all due respect of officers, and we have no
problems on it.
Mayor Suarez: So, what do you want to do? Do you want to wait for him to get
back or shall we just vote on it?
Commissioner Dawkins: Vote on it.
Mayor Suarez: OK. What are the names?
Mr. Katz: Lori Weldon, to be reinstated for a new three-year term. Alan
Weisberg, to be reinstated for a new three-year term. Rodney Barreto, to be
178 January 10, 1991
reinstated for a new three year term. Mr. Ghislain Gouraige, Jr., to be
reinstated for new three year term. Mr. Henry Courtney to be reinstated for a
three-year term. Then, the new appointments are - this is where the
correction is, Mr. Mayor, is Miss Carol Ann Taylor to replace Mr. Eloy Vasquez
until February of 1993. In your packet, it said 1991. Miss Joann Pepper to
replace Miss Cynthia Palaez. In your packet, it said till February '91. It's
till 193. And the last correction is Mr. Mathew Schwartz to replace Mr.
William Barnes till February of 1994, and Mr. Raul Tercilla to replace Mr.
Emilio Calleja till 1992. Mr. Gary Schweitzer to replace Dr. William Lee
until February of 1992.
Mayor Suarez: OK, as to those appointments, I'll entertain a motion.
Commissioner Dawkins: So move.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? Yes?
Commissioner De Yurre: Are these supposed to be our appointments and your
recommendation? How does this work?
Mr. Katz: These are of the general appointments, Commissioner De Yurre.
Commissioner Dawkins: Hmmmm?
Mr. Katz: These are of the general appointments. According to the ordinance
that was set up, the original appointments, there was five members that came
from the Commission and then the rest are recommendation appointments.
Commissioner De Yurre: Which are the five that come from the Commission?
Mr. Katz: Those were originally - your appointment was Mr. Martinez.
Commissioner Dawkins was Miss Weldon. The Mayor's was Mr. Courtney.
Commissioner Alonso's predecessor was Mr. Barreto, and Commissioner Plummer's
was Mr. Vasquez.
Commissioner De Yurre: OK, now what are they now?
Mr. Katz: Everyone is still here except for Mr. Vasquez.
Commissioner De Yurre: OK, so which right now today, which are the five
members that are appointed by us?
Mr. Katz: Those five members I said.
Mayor Suarez: And Vasquez would be replaced by whom? -according to your
nomination there?
a
Mr. Katz: Mr. Vasquez
would be replaced by Miss
Carol Ann Taylor.
Mayor Suarez:
And that's
Commissioner Plummer's
recommendation, as far as you
know?
i
Mr. Katz: Right.
Mayor Suarez:
He sits
on the trust so he should
know. Commissioner Alonso.
Commissioner
Alonso:
Cynthia Palaez was...
4
Commissioner
De Yurre:
She was mine.
r
Commissioner
Alonso:
...appointed when?
Commissioner
De Yurre:
I thought she was my appointment.
Mr. Katz: She was a general appointment. Your
appointment was Mr. Martinez.
Commissioner
Alonso:
When was she appointed?
179
January 10, 1991
}
Commissioner De Yurre: Years ago - the beginning.
Mr. Katz: Back in - when the trust was formed in '87.
Commissioner Alonso: And was she reappointed? The terms are for three years?
Mayor Suarez: Is she still on the board?
Mr. Katz: She's still on the board, yes.
Mayor Suarez: She's still on the board. She's not up for reappointment now?
Commissioner Alonso: Well, someone is replacing her.
Mr. Katz: I'm sorry, Miss Palaez has resigned. She respectfully resigned
from the trust.
Commissioner Alonso: She resigned, but now you say it's not 191 as we
understood it to be?
Mr. Katz: Right.
Commissioner Alonso: And that makes sense to me before, now when you say 193,
it doesn't make sense to me because I don't recall that she was appointed last
year.
Mr. Katz: She was appointed to serve a two-year term, from 187 to 189 and
then in '89 she was reappointed to serve till 191. She resigned in the middle
of her term. So, there was originally five months. This item has been
deferred by the City Commission, and so her term expires in this February of
'91, where a new two-year term would start.
Commissioner Alonso: So, actually, it's not a replacement, but a new
appointment.
Mr. Katz: Right, I'm sorry.
Commissioner Alonso: That's what it is.
Mr. Katz: Yes, Commissioner. I'm sorry.
Commissioner Alonso: And I thought that she was your appointment, wasn't she?
Commissioner De Yurre: I thought so too. Because I'm still confused.
Mayor Suarez: Well, she's resigned. She's not interested in serving any
more?
Mr. Katz: No, she has other duties now that obligate her.
Commissioner De Yurre: I'm still confused, because first, now you said that
these were general appointments, and you've given us names that were our
appointments. There are now being con...
Mr. Katz: Miss Palaez was....
Commissioner De Yurre: No, no, Rodney Barreto. Whose appointment was he?
Commissioner Alonso: Supposedly mine.
Mr. Katz: Rodney Barreto was Commissioner Alonso's predecessor.
Commissioner De Yurre: Originally?
Mr. Katz: Commissioner Alonso's predecessor.
Commissioner De Yurre: OK, so he was not a general appointment. He was a
specific appointment from a member.
Mayor Suarez: No, he gave you the five that were the general appointments.
180 January 10, 1991
�f
Mr. Katz: Those from the - to clarify, Commissioner De Yurre. Since the
inception of the trust called for five members
by the Commission, 16 at large
i
members, and then after that expired...
�i
Mayor Suarez: And we want to remember who
those five are. That's all he
wants.
j
Commissioner Alonso: Yes, Ira, with all due
respect, I think the confusion
comes from the way your presented it, and I think that's...
I
Commissioner De Yurre: Are any of the five
that are our appointments being
i
recommended now for reappointment?
Mr. Katz: Commissioner De Yurre, there are no reappointments. They all
i
become general members once they're appointed.
I just gave you...
+�
Mayor Suarez: OK, of those original five,
are any of those coming up for
reappointment now?
Mr. Katz: Yes.
Mayor Suarez: Which ones? State it again. State the original five and state
who is now holding those positions.
Mr. Katz: Miss Weldon has asked to be reappointed.
Commissioner Dawkins: And I reappoint Miss Weldon.
Mayor Suarez: Right. I'm sorry, yes, Commissioner.
Commissioner Alonso: May I ask, who is my appointment?
Mr. Katz: Right now, Commissioner, under the way the ordinance is set up, you
do not have an appointment. You recommend...
Commissioner Alonso: Ha, ha!
Mayor Suarez: Who was the one appointed by her predecessor at the beginning
when we had the five general appointments?
Mr. Katz: Mr. Barreto.
Mayor Suarez: Rodney Barreto, OK.
Commissioner Alonso: So now, is he coming back as my appointment?
Mr. Katz: He's coming back as a general appointment. There really are no
Commissioners appointments at this point.
Commissioner Alonso: Why not?
Mr. Katz: We take recommendation for the...
Commissioner Alonso: Don't I ever then? -because someone else was sitting
here in seat four made an appointment, I will never have an opportunity to
make one? I feel that I did, because I nominated Bobby Mumford.
Mr. Katz: Miss Mumford. Right.
Commissioner Alonso: But, that's beside the point. Right now, is Mr. Barreto
my appointment, or he is not?
Mr. Katz: He's a general appointment, he's no...
Commissioner Alonso: He's a general appointment.
Mr. Katz: The way the ordinance is...
Commissioner Alonso: Do I ever will have the opportunity as to make one
appointment?
181
January
10,
1991
Mr. Katz: The way the ordinance is set up, Commissioner, right now is, after
the initial inception of those five appointments, the rest all become general
appointments. Not each Commissioner has... you would have to amend the
ordinance to that regard.
Mr. Jorge Fernandez: Let me read to you, Commissioner...
Commissioner Alonso: Well, I want you to understand and I want a legal
opinion. Let me say this. It means that once someone has been appointed, if
a new Commissioner come to be a member of this Commission will never have an
opportunity to appoint a member, and that's not right. This will have to be
changed.
Mayor Suarez: I guess it was because there was a board being created at the
time, and they submitted a list of names they wanted us approve all of them,
and we said, no, the initial board...
Commissioner Dawkins: Right.
Mayor Suarez: ...the initial board, we want to appoint at least five
ourselves. If you want to change so that we have at least five of the board
members that are specifically appointed and recommended by one of the
Commissioners, that would be proper, entirely proper. We may have to change
the ordinance to reflect that, but...
Mr. Fernandez: Let me clarify the record, please.
Commissioner Alonso: But at one time... let me say something, please. And I
think that at one point, this Commission will have to address the problem that
we have, and say terms will have to coincide with the term of the
Commissioner...
Commissioner Dawkins: Or either that, or give the new Commissioner an
appointment.
Commissioner Alonso: Exactly. Because it doesn't make any sense.
Mayor Suarez: OK.
Mr. Fernandez: Let me read to you the governing provision of this. It says -
I'm reading from the Code, Section 38-73.
Mayor Suarez: But, before you do that, Mr. City Attorney, do you have an idea
now from the discussion that has taken place, what we'd like to be able to do?
Mr. Fernandez: And the answer is, yes, I do, and you can do that today.
Mayor Suarez: OK, can you tell us how to do it without reading anything to us
whatsoever?
Mr. Fernandez: Yes, you can do that today.
Mayor Suarez: OK, could you please do that right now then and later, if it
needs to be read, the ordinance, you can read anything you want. But, please
right now, tell us how to do what we'd like to accomplish, which is to have at
all times, five of these members appointed by the Commission directly.
Mr. Fernandez: And that's the way the ordinance reads right now, and right
now, if Commissioner Alonso's predecessor's appointment is up, because the
time has expired, it is Commissioner Alonso's prerogative to nominate someone.
Mayor Suarez: So, we don't have to change anything.
Mr. Katz: Well, that wasn't the...
Mayor Suarez: So, you just have
correct interpretation of the law,
him, if you'd like. All right,
reappointing mine.
Commissioner Alonso: Well?
to convince Mr. Katz that, that is the
and you might do it by throwing the book.. at
Commissioners, I have no problem with
182 January H, 1991
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: Do you understand that, that is the case?
Mr. Katz: That wasn't the case that we were told at the Park Trust meeting,
by the City Attorney.
Mr. Fernandez: Hold on a second, please.
Commissioner Alonso: Well...
Mayor Suarez: All right, different legal opinions stated at the Park Trust
meeting. All right, Commissioner.
Commissioner De Yurre: Yes, but now the issue is whether these names have
been given to us. If any of those are any of our specific appointments
because...
Mayor Suarez: Well, I know one of them was. My initial one, yes, Mr.
Weisberg.
Commissioner De Yurre: But I don't have one there.
Mr. Katz: No, no, sir.
Commissioner De Yurre: Which one is mine?
Mr. Katz: To my knowledge, yours is Mr. Martinez.
Mayor Suarez: Osmundo Martinez.
Commissioner De Yurre: He's still a member?
Mr. Katz: Yes, sir.
Mayor Suarez: He's still a member.
Commissioner De Yurre: OK.
Mayor Suarez: Why don't we vote on all except the ones that correspond to
Commissioners that don't want to reappoint them? -so at least we get that out
of the way. If that's what the ordinance calls for anyhow, she has...
Commissioner Alonso: So, tell me what is right.
Commissioner De Yurre: So, the only one that's up in the air is Rodney
Barreto.
Mr. Katz: Right.
Commissioner Alonso: Well, for the record, I feel that Mr. Rodney Barreto is
my appointment and I'm nominating Rodney Barreto. But I want to be certain he
is my appointment. I don't want to be given his name, because someone else
say...
Mayor Suarez: You tell him how to dress and you tell him how to wear that
moustache. All right...
Commissioner Alonso: And to tell us the name of the girl.
Commissioner De Yurre: OK.
Mayor Suarez: Anything further, Commissioners, on this while they pow -wow on
the proper legal interpretation of everything we've done?
Commissioner De Yurre: Do we have a motion and a second?
Commissioner Alonso: After they have resolved their legal problems in this
corner, is we go on.
Mayor Suarez: OK, in the meantime, we table the item. In the meantime we
table the item when we get a proper legal interpretation.
183 January 10, 1991
r
Commissioner Alonso: No, we go on because I have no problem with Mr. Barreto.
Mayor Suarez: All right, we can vote on those as submitted.
Commissioner De Yurre: Call the roll then.
Commissioner Alonso: Yes. Do we have a motion?
Commissioner De Yurre: Got a motion and a second?
Mayor Suarez: Motion...
Commissioner Alonso: I so move.
Mayor Suarez: Thank you.
Commissioner De Yurre: Second.
Mayor Suarez: Commissioner De Yurre seconds. Hopefully, the clarification we
need. Call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-56
A RESOLUTION APPOINTING AND REAPPOINTING CERTAIN
INDIVIDUALS TO SERVE AS MEMBERS OF THE BAYFRONT PARK
MANAGEMENT TRUST.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Suarez: Do you know what? You probably don't even have to try to
resolve that today, because if it's not the way we think it is, please give us
an ordinance that makes it way for the next Commission meeting, and we'll get
it resolved. If it's not clearly the way...
Mr. Fernandez: It should be that way then, correct.
Mayor Suarez: Please give us an ordinance the next time.
Commissioner Alonso: It should be this way?
Mr. Fernandez: Right.
Mayor Suarez: We'll pass it by an emergency, on an emergency basis, and get
it resolved so that it what we think it is.
Mr. Fernandez: Correct.
Commissioner Alonso: So we are right. Wonderful.
Mayor Suarez: Right. After all, we do pass the ordinances around here.
184 January 10, 1991
r
55. RECOMMEND CREATION OF A COMMITTEE WITH REPRESENTATIVES FROM MIAMI SPORTS
AND EXHIBITION AUTHORITY, DOWNTOWN DEVELOPMENT AUTHORITY, DEPARTMENT OF
OFF-STREET PARKING, GREATER MIAMI CONVENTION & VISITORS BUREAU, AND CITY
OF MIAMI CONFERENCES AND CONVENTIONS BUREAU - FOR PURPOSES OF EXPANDING
EXHIBITION FACILITIES AND TOURISM BASE FOR THE CITY.
Mayor Suarez: Item 43. Bunky Bill Bayer. Sir.
Mr. Bill Bayer: Mayor, Commissioners, I'm here on a resolution which I think
you have there in your kit, proposing the formation of a committee comprised
of representatives, people from the Miami Sports & Exhibition Authority, the
Downtown Development, Department of Off -Street Parking, Greater Miami
Convention & Visitors Bureau, and the City of Miami Conferences & Convention
Bureau, for the purpose of expanding the exhibition facilities and whatever
tourism we can get inside the City of Miami. But mainly, exhibition
facilities. That's one of the main items that we hope that we can bring to
pass sometime in the 90's.
Mayor Suarez: And that would not be accomplished...
Mr. Bayer: With a mixture of private and public participation.
Mayor Suarez: That would not be accomplished more simply by taking the Miami
Sports & Exhibition Authority, for example, and saying that it is now the
Miami Exhibition & Sports Authority or something like that? Switching the
priorities. I mean, you want to create a whole different board?
Commissioner De Yurre: No, we still have those priorities, you know, sports
and Exhibition.
Mayor Suarez: I thought we had kind of concluded that it was now more of a
priority to have the exhibition facility that we've got the sports facility,
but anyhow, you think that we ought to create a whole new board?
Mr. Bayer: I just think that this is like...
Mayor Suarez: A committee of citizens et cetera?
Mr. Bayer: This is exactly like the farmers in South Dade that start plowing
the ground, you got to plow before you can plant. And so that's...
Mayor Suarez: I was afraid you would start with your analogies. OK.
Mr. Bayer: These six entities are all involved in this thing, no matter what
happens sometime before 1995, 196, it has to start happening and this is the
beginning of it. It's like Neil Armstrong when he took the first step...
Mayor Suarez: Ah, another analogy.
Mr. Bayer: ...it's a big step off into the moon.
Mayor Suarez: OK. And what action do you need for us to take today? Approve
it in principle? Actually set it up? Try to specify powers or what?
Mr. Bayer: I beg your pardon?
Mayor Suarez: What action do you want us to take today on it?
Mr. Bayer: I'm just offering this resolution.
Mayor Suarez: What does the resolution state? Can you paraphrase it?
Commissioner De Yurre: He's got it. You got your copy, don't you?
Mayor Suarez: I just... can you paraphrase it, Bill?
Mr. Bayer: It just creates six - representatives from the six entities that
e involved in the City of Miami. And trying to find a private developer or
185 January 10, 1991
private site, the Olympia York site, or the FEC site, the Riverside site, or
the Arena site, or some site where the private owners can be brought in to a
joint effort with the City and the developers to eventually build a mid -sized
exhibit hall on this side of the bay. It's just that simple.
Mayor Suarez: OK, and these are like ex-o£ficio members of the other
authorities coming together in a partnership. I have no problem with that.
We're not creating a whole new bureaucracy.
Commissioner De Yurre: No, it's mostly... you're talking about an advisory
capacity anyway.
Mr. Bayer: Right.
Commissioner De Yurre: OK. Well, I'll move it.
Mayor Suarez: So moved. Commissioner Alonso is checking it out for a couple
of seconds here. If she's able to second and vote on it, fine. If not, we'll
table it for a few minutes.
Commissioner Alonso: Yes, I have no problem. Yes.
Mayor Suarez: OK, seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-57
A RESOLUTION RECOMMENDING THE FORMATION OF A COMMITTEE
COMPRISED OF REPRESENTATIVES FROM THE MIAMI SPORTS AND
EXHIBITION AUTHORITY, DOWNTOWN DEVELOPMENT AUTHORITY,
DEPARTMENT OF OFF-STREET PARKING, GREATER MIAMI
CONVENTION AND VISITORS BUREAU AND THE CITY OF MIAMI
CONFERENCES AND CONVENTIONS BUREAU FOR THE PURPOSE OF
EXPANDING THE EXHIBITION FACILITIES AND TOURISM BASE
INSIDE 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 Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Suarez: The vice president of Olympia York is coming in and out of
Miami, and I'm trying to catch up with him and see if I can get one more
status report.
Mr. Bayer: I will certainly make every effort because I'd like to see you
meet with him too.
Mayor Suarez: Yes.
Mr. Bayer: And I'm sure that he must have some plans at some time in the
future for the three and a half most expensive blocks of property in the
entire State of Florida. And whatever we can do to help that...
Mayor Suarez: He's got a humongous project planned for there, but we're not
too sure when and if it's going to be built, and that's what we're all
interested in.
i 9 Commissioner Dawkins: What item are we on, please?
�a
I�
i 186 January 10, 1991
I;;
1.4ayor Suarez: We're on 43, about to vote on it.
Commissioner De Yurre: Thank you. Forty-five now?
Mayor Suarez: Did we vote on,43, Madam City Clerk? Could you call the roll.
Ms. Hirai: Yes, Mayor, I did.
Mayor Suarez: You did?
Ms. Hirai: I did, sir.
56. REPRESENTATIVES OF CONCERNED CITIZENS OF WYNWOOD REQUEST ASSISTANCE DUE
TO RECENT CIVIL DISTURBANCE IN WYNWOOD - GRANT FUNDS AND STAFF
ASSISTANCE (SEE LABEL 71)
Mayor Suarez: Item 46.
Mr. Fred Santiago: My name is Fred Santiago. I'm the chairman of the
Concerned Citizens for Wynwood and I'm here to ask the City Commission, or
give the City Commission an opportunity to show the citizens of Wynwood that
this Commission is interested in the well-being of that community. That
you've got the concern for the business people of that community and before
you we've got a set of plans that was done for us through your Department of
Community - well, your Planning Department. And it's a plan which calls for a
request of $255 for the beautification of N.W. 2nd Avenue from 29th Street
through 36th Street. And as part of this proposal, I would like to ask you to
approve today, I understand that the monies is available through the highway
bond fund. Mr. Herb Bailey, is he here with...
Mayor Suarez: Well, I'm sure the - at the very top of the administrative
structure here. That is to say, at the Manager's level, he ought to be aware
of where the monies are. There's Herb.
Mr. Santiago: No, that's... as part of this, the other component is to get an
agreement from you to get the Community Development people, your facade
program, to work in conjunction with this project in order to beautify and do
the facade on N.W. 2nd Avenue for all the businesses. Now, we have an
agreement from the County where they will pick up the 30 percent match that's
needed to complete, make a hundred percent of the cost of renovating the
facade on all the businesses.
Mayor Suarez: How do you calculate the 30 percent? How do you mean, thirty?
Mr. Santiago: As I understand, the facade program that the City has will only
pay 70 percent of the cost up to $2,000. The other 30 percent the County has
agreed to work with us and try to provide the other 30 percent.
Mayor Suarez: I got you. Herb.
Mr. Odio: We have the money from CD for that.
Mr. Bailey: We have the funds to complete this project through the Community
Development Department, Mr. Mayor. And the Planning Department and our
department work with Wynwood neighborhood group to come up with some
beautification of N.W. 2nd Street and 2nd Avenue.
Mayor Suarez: You know, I would like to think a memorandum that I sent on
this yesterday had some bearing on your being able to present all this today,
but I can't believe that it worked that fast. You obviously must have...
Mr. Odio: I haven't seen it.
Mayor Suarez: Yes, he hasn't even seen it yet. So, but you might want to
take a look at it before you leave. You might also want to take a look, since
I'm looking at you, Bill, to a letter received yesterday - today rather - from
Congressman Dante Fascell on the Free Trade Zone effort.
i
187 January 10, 1991
Mr. Odio: This was done by...
Mayor Suarez: Very supportive letter.
Commissioner Alonso: Yes, and now that we talking about the...
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: ...the free zone business, Bill and Freddy, both of you,
I certainly would like to see more effort in your part as to let the community
know some of the good things that the City of Miami is doing and has been
doing through the years. Because I attended some of the meetings in the
Wynwood area, and no one seems to know about the free zone. The land that the
City of Miami has given of four point some millions - no one seems to know in
the community - no one knows about the parks, the funds that were allocated
prior to the events in Wynwood. I think it's important, especially from
leaders in the community, to make the community aware of things that the City
of Miami, good things, because only the negative, it's been point. And I
think it's also from time to time, the good side of what the City of Miami has
been doing has to be mentioned, and I think that since you people are so aware
of what are the things that we've been doing, to let them know. I think it's
only fair. .
Mr. Santiago: As part of our request, which is very small question that we're
asking, we're asking a request of $10,000 from the Community Development to
provide a newspaper or a bulletin that can be distributed on a monthly basis
to the people in the community. That's the main problem that we've had. That
we've had no facility which to communicate this to the people in the
community. And we're asking for a fund of $10,000 to get all these agency
heads to make a report on a monthly basis, as to what they have accomplished,
what their goals are, and let the people in the community know what's being
done. And that's the problem that we've had. Just has been no communication.
I'm aware, and you're aware that things have been done, but the people, the
general people in the area, have not had the opportunity and that's because
like... first of all, we don't access to the media, so we've got to provide
some alternative to be able to get this thing out to the people.
Commissioner Alonso: Well, lately, you have been in the spotlight a lot.
Believe me.
Mr. Santiago: Thank God for - it's unfortunate that it took a disturbance to
get these results, but you can see now things are happening. We have the ear
of the Commission, we've got people that are right now at 5:00 o'clock there's
a meeting with the County people at the Hostos Center. That's why you don't
see a lot of people here. For everybody that's trying to close the center
there and the majority of the people are over there. So this is one of good
things that has come out of this riot. The fact that there's an awareness on
you people, an awareness on the people in the media, and there's an awareness
of people in the community that we all have to work together. That we need
each of us to be able to get some positive things accomplished in this
community. And I think the Commission...
Commissioner De Yurre: Well, I got to take...
Commissioner Dawkins: The only thing I find wrong with this is - and I'm
going to tell you like I tell everybody else - I get very indignant when you
say, "you people," because that's short for you niggers. OK? I mean, I'd
appreciate it if you find another term - "you people" - now that irritates me.
Mr. Santiago: Well, Mr. Commissioner, I...
Commissioner Dawkins: OK, all right, say the Commissioners or our citizens,
or anything, but "you people" rub me the wrong way, Freddie.
Mr. Santiago: Well, I apologize if I...
Commissioner Dawkins: OK, thank... no, you don't apologize, just, you know...
Mayor Suarez: The City bureaucracy. All right.
Commissioner De Yurre: Yes, but I got to take exception also to the comment
that it took a riot, like you said, to get an awareness from this community.
188 January 10, 1991
When was.... is this the first time you brought this before us or this been
coming to us before?
Mr. Odio: It was prepared...
Commissioner De Yurre: OK, this is the first time that it comes before us?
Mr. Odio: Yes, and but this was being worked on by the Planning Department
for a long time.
Mayor Suarez: Real, real long time - fifteen years.
Mr. Odio: No, no. When did you start on this project....
Mr. Santiago: At least.
Mayor Suarez: It was needed 15 years ago.
Mr. Santiago: That's right.
Mayor Suarez: All right.
Commissioner De Yurre: And if there's going to be an awareness, those that
live in the area or those that work in the area have a responsibility also to
come before us just like you're here now.
Mr. Santiago: You know, Commissioner...
Commissioner De Yurre: So, it takes both sides...
Mayor Suarez: Yes, Fred, don't argue with that.
Commissioner De Yurre: It's a two way street that we got to work on.
Mayor Suarez: Which brings me to the next point. There is one set of City
programs which is particularly dependent on what Commissioner De Yurre is just
saying, which is the agency making the application or the developer making the
application. And that is, any multifamily rehab, any affordable housing
projects of the kinds that basically whoever happens to be there applying
every year can take advantage of them - UDAG, et cetera. There are less and
less coming down the pike anyhow from Washington. But from the extent that
they're there, they rely a lot on who is applying. And what I suggested to
the Manager in the memorandum is that we don't sit back and wait for a
community that obviously has lacked the organizational ability and the
developers with interest in building there, to come to us and ask for these
things which they may be eligible. The famous loan floats that we did for the
Freedom Tower and recently have begun to use for a lot more projects.
Commissioner Alonso: Yes.
Mayor Suarez: And that we become pro -active. In fact, I'm thinking of
proposing to the Commission at the next Commission meeting that we have a
special Commission task force headed by a Commissioner to begin to plan the
next thing that we should be doing in Wynwood and not wait for people to get
as upset as they obviously have been for a variety of reason in that area.
Some of which we can't redress, but some of which we can. And, I hope that
the Commissioners will let me know if they're interested in serving in this
capacity because the area has probably the highest in the index of poverty in
the City now. It certainly has the highest index of non -home ownership of
rental ownership... or rental residency, and the physical aspect of that
community is evidently awful, and we just need to do major, major things in
Wynwood. And over the years, we've had all kinds of circumstances. We've had
the death of one community organizer, just as I was elected, Jose Mendez.
We've had another one who left the senior center under allegations of
improprieties. We've had a lot that just don't live in the area and they're
well meaning, but the residents may not related to them, et cetera. So all
these factors lead the City, I think, to have to be more pro -active as the
Commissioners are suggesting. And then, you've got to do your task too and
spread the word afterwards of what we're trying to get done. Get people to
support it and to be aware of it, and we're somewhat at fault in that too,
actually. We kind of dismantled our public information office when I was
first elected in 1985. It seemed like an unnecessary expenditure of a million
189 January 10, 1991
5 �-
dollars to inform the people of what the Commission was doing, and we assumed
that the media would take care of a lot of that for free.
Commissioner Dawkins: You know, this would be great if Freddy Santiago, Mrs.
Armbrister, Erbie McKnight, if they did not know that I have sat here
constantly year after year after year, saying, don't bring me any more UDAG
grants or HODAG grants until you put one in Wynwood, until you put one in
Overtown, until you put one. He has been down here - you know, so it's not
that they have not attempted to get something done, it's that we not have been
responsive.
Mr. Santiago: Right, I agree with you, Commissioner.
Commissioner Dawkins: See, see, I have set here and said, and now that the
money has run out, there's no more UDAG and no more nothing. Now, all of a
sudden, we are concerned about Wynwood, we're concerned about Overtown, we're
concerned about Coconut Grove. But when the money was there for this to be
done, you know, nobody heard me and when a guy come, they say, hey, he went to
Washington, he got the money so we have to put it where he want it. So now,
Mr. Manager said there's no money, and now we tell Wynwood we're going to do
all these grandiose things for you, and all I'm going to ask you is, where is
the money?
Mayor Suarez: OK, as to this particular project, the CD...
Mr. Odio: This particular project, we...
Commissioner Dawkins: See, when you do this project - how many blocks is
this, Freddy?
Mr. Santiago: Six blocks, from 29th Street to 34th Street.
Commissioner Dawkins: Six blocks.
Mr. Santiago: Six blocks.
Commissioner Dawkins: All right, what about... when you do this six, what
about the next six?
Mr. Odio: Oh, well, we don't have funds for the next six.
Commissioner Dawkins: You see, so, therefore, by the time you do the other
six, this six will look like it looked before you started.
Mr. Odio: But we can only do what we can do.
Mayor Suarez: This is the main commercial strip there, and we've got to do
this. But he's right that we've got to be pro -active in looking for other
funds and other projects, and we can't sit around and wait for them to come
here and ask us for...
Commissioner Dawkins: And you can't wait for the next disturbance or riot or
whatever the hell you're going to call it. That's all I'm saying. You've got
to do... if you do these six blocks, then you make up in your mind to do the
seventh block. Then you do the 8th block. And then you do the 9th block.
You don't wait until we have another disturbance, and pacify people by saying,
we're going to do these six blocks. I mean, it's just unfair.
Mr. Santiago: Mayor Suarez and Commissioners there's...
Mayor Suarez: We are in basic agreement, Freddy. I mean, you know a saying
around here, when momentum is on your side, let's just...
Mr. Santiago: Well, I'd just like to add...
Mayor Suarez: If there's anything new you want to add, please.
Mr. Santiago: Yes, another minor request. We, as part of the... we need
additional funds for the economic development. The economic development
agency is working with a $50,000 budget. We've got insurmountable problems
especially with all the working on the trade zone that we're trying to get in
there, and all the different things that we're trying to develop. The $50,000
funding, that is not enough. We need at least $125,000.
190 January 10, 1991
Mayor Suarez: We touched upon that this morning and the Manager and all of us
are conscious of the fact that in the next funding cycle, which is beginning
now, and will be allocated when? -in July, Frank?
Mr. Odio: June.
l Mayor Suarez: We maybe ought to consider consolidating a couple, eliminating
some, the ones that are non -productive. Just get ready for the battle with
the ones that we eliminate because the pot of money basically is the same as
last year's, and we allocated fifty to about eleven or twelve of them, I
think. The federal government has come down a couple of times and said that
some of them are just non -productive. And...
Commissioner Dawkins: State of Florida also.
Mayor Suarez: And the State of Florida, so we're heading in that direction,
but we're going to need to go through the cycle, and let's make the argument
at that point. Does the Community Development Advisory Board make
recommendations on those administrative fundings? Let's make the argument
there. I believe± Emilio is still a member of that board.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Oh, you are. And last year, I know, you were recommended for a
hundred, and I think we reduced it to fifty.
Mr. Santiago: Back to fifty.
Mayor Suarez: And maybe we won't make that mistake this year, OK?
Mr. Santiago: And the alternative, we need somebody, at least one staff
person, to work from now through the next funding period, to allow Bill Rios
the time necessary to develop that project that he's got. We need one person
to take care of the facade program. We need one person to help the merchants
in the area with the small business application, and the Miami Capital
Development application. He doesn't have that staff person. He needs at
least one paid staff person, because one secretary and a director is not
enough.
Mayor Suarez: Well, I think the next twelve months are the most telling for
the Free Trade Zone, so we're going to have to do something.
Mr. Santiago: So, if you can't give us the money, provide us with one staff
person paid through the City, so he will have the time necessary to devote to
more important things.
Mayor Suarez: What is the application to the state for? -what amounts of
money are we talking about?
Mr. Santiago: We're talking for another six months.
Mayor Suarez: Still seven -and -a -half million dollars?
Mr. Santiago: Another six months.
Mayor Suarez: But what is the total amount that we're seeking from the state?
Seven -and -a -half million?
Mr. Bill Rios: For the capital improvement of the project? We're talking
about in the first year, 3.7 million dollars.
Commissioner Dawkins: Is that part of the money that my newly elected
Governor say he's chopping off the turkeys?
Mr. Bill Rios: No, no. No.
Commissioner Dawkins: OK. I just didn't...
Mayor Suarez: But, it's Safe Neighborhood's money, right?
Commissioner Dawkins: I just need to know.
191 January 10, 1991
Mr. Rios: No, no, this is not safe money, this...
Commissioner Dawkins: Beg pardon?
Mayor Suarez: Have you identified at any program...
Mr. Rios: Yes, we've identified the money within the Department of Commerce.
Mayor Suarez: All right. But you'd better be careful that we don't have a
chopping off as Commissioner Dawkins is saying.
Mr. Rios: Yes.
Mayor Suarez: Get our ducks in order.
Mr. Rios: No, yes - no, no, no, this is a continuously funded project by the
state. The state tends to follow its - you know, its program...
Mayor Suarez: Year after year after year.
Mr. Rios: Yes, yes.
Mayor Suarez: I know, except you only got two fifty, just like Commissioner
said, and now, you're going for the big money and you might find that it's a
little bit more difficult. So far...
Mr. Rios: Well, I've...
Mayor Suarez: ...the attitude that I hear up there is as....
Commissioner Dawkins: Chopped up.
Mayor Suarez: Yes, as the Commissioner is saying, chop, chop, chop, so...
Mr. Rios: I'm hoping that won't be the case...
Commissioner Dawkins: Mr. Mayor...
Mr. Rios: ...but, to answer Commissioner Dawkins' question, we received the
endorsement of the Dade Delegation, all 27 members, with regard to this,
and...
Mayor Suarez: All right, so things are going well, don't hesitate to call on
your five unpaid employees right here.
Mr. Rios: We will call on you, believe me. Thank you.
Mayor Suarez: OK.
Mr. Santiago: Can I get the Commission to give us a resolution regarding the
approval of this money and the additional staff person that we need for
economic development? I mean, I like to be able to leave here with something
concrete, I can go back to the community and say, we've got the monies for the
improvement, and we've got the...
Mayor Suarez: Well, is that included in the funding package for the facade
improvement?
Mr. Santiago: It isn't.
Mr. Bailey: No, no, we have to come back to that.
Mayor Suarez: I think we ought to do that in the funding cycle, Freddy,
otherwise, I don't know, we'd have to substitute for somebody who is getting
the money now. Maybe some of them have not used up their money. Maybe some
are going to be eliminated from consideration. The cycle is beginning now,
we're going to be making those difficult decisions in the next couple of
months.
Mr. Santiago: What about providing one staff person that can... you know, we
don't want to wait six months doing nothing.
192 January 10, 1991
Mayor Suarez: Can we get - loan staff to them, at least?
Mr. Bailey: We will come back with a resolution identifying all of the
sources of the funding to do the facade fees.
Mayor Suarez: And you will come back by when? -can we get it for the 24th of
January?
Mr. Bailey: No, the first meeting in February, we'll Because
that's not a planning and zoning meeting.
Mayor Suarez: OK, can we buy that time? I know, but we can sneak it in,
Herb, you know, on an emergency basis, we can do anything.
Commissioner Dawkins: Yes, but the Manager say he's not hearing nothing at
the next meeting, but zoning items.
Mr. Odio: That's the orders that I have from the Commission and I'm trying to
comply with that.
Commissioner Dawkins: OK, all right, I wanted to say, hey, I'm backing you
up, home boy, that's all.
Mayor Suarez: Let me clarify, if it needs to be clarified. As to matters
that are heard by this Commission, that is not determined by the Manager, that
is determined by this Commission. So if you want to hear it, Commissioners,
on the 24th, I am sure they can prepare for us, the resolution for the 24th.
Commissioner Dawkins: OK. But, all I am saying to you Mr. Mayor, is we have
to be consistent. Either we're going to hear nothing, as we ordered him on
the agenda, but zoning items, or we are going to continue to go like we are
going.
Mayor Suarez: I try as be as consistent, and you try to be as consistent as
possible, but there are emergency situations, so it's up to you. If you want
to try for the second meeting in January...
Commissioner Dawkins: OK. No problem, I have no problem with it. Whatever
we do, is fine with me. Mr. Manager...
Mr. Odio: Why can't you just approve this in principle today, and we don't
have to come back with this thing.
Mayor Suarez: Sounds good to me. They really do need additional assistance,
Mr. Manager.
Mr. Odio: As far as doing this, is no problem.
Mayor Suarez: Well we are going to get ready to move that, if we haven't
already, the F vacate Improvement funds.
Mr. Odio: As far as the staff, I'll try to find someone, somewhere.
Commissioner Dawkins: OK, all right, I don't have no... I hope... no problem.
Whatever you suggest, I'm going with it.
Mr. Odio: OK, Commissioner. I don't need to come back if you approve it now,
and we will just go ahead and...
Commissioner Dawkins: Move.
Mayor Suarez: OK, so moved.
Mr. Fernandez: Just so that the motion is clear, what are you approving in
principle, the staff person and loan?
Mr. Odio: No, no.
Mr. Fernandez: No?
Mr. Odio: I don't a resolution... to do this program.
193 January 10, 1991
Mr. Fernandez: Or, to do that program. OK, period.
Mayor Suarez: OK, so moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded, and please also at least, as an understanding, if not
a part of the resolution, provide the staffing support that they need.
Mr. Odio: Now, if they want to issue a newspaper I heard, I will provide the
free press and paper, and all they would have to do is bring it to the press
shop that we have, and we will print it, so they don't need any money for
that.
Commissioner Alonso: That's good. OK.
Mayor Suarez: OK. Call the roll on that motion, please.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-58
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROVIDE
CITY STAFF TO THE WYNWOOD COMMUNITY AND ECONOMIC
DEVELOPMENT CORPORATION ("WCEDC"), AS MAY BE NEEDED,
IN SUPPORT OF WCEDC'S EFFORTS IN THE WYNWOOD
COMMUNITY, SUBJECT TO THE AVAILABILITY OF SUCH STAFF;
FURTHER AUTHORIZING THE CITY MANAGER TO UTILIZE CITY
PRINTING SERVICES FOR A WYNWOOD COMMUNITY NEWSPAPER.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
57. INSTRUCT CITY MANAGER TO IMPLEMENT PRIOR DIRECTION FROM COMMISSION TO
CLOSE OFF DESIGNATED STREETS IN THE GARMENT AND DESIGN DISTRICT, AS WELL
AS A REQUESTED CUL-DE-SAC.
Commissioner Dawkins: Mr. Manager, at one time, we met with the merchants in
the garment district, and we promised the merchants that we would close off
some streets, and do a cul-de-sac. And as of now, we have not done it, and
this is the same way we lost the design district to Ft. Lauderdale, I mean, to
Dania, by the people in the design district coming to us requesting help, and
we kept promising it. Tell me, what is the status of closing those streets,
and that you still have the money in place.
Mr. Odio: Yes, the money is in place. We were waiting for Tallahassee to
give us the final approval which Bill just told me that we do have it, so I
will order...
Commissioner Dawkins: Why would Tallahassee have to give us the final
approval for us to close our streets?
194 January 10, 1991
Mr. Odio: Because the money belongs to them under the SNID (Safe Neighborhood
Improvement District) program. We are just...
Commissioner Dawkins: Say, what now?
Mr. Odio: We are using the SNID money.
Commissioner Dawkins: That's not what you told me. You told me you were
using CIP Capital Improvement Program money.
Mr. Odio: No, no. We are using SNID money, right?
Commissioner Dawkins: No, you see, that's not what you all told me.
Mr. Odio: Oh, I'm sorry, let me... say it on the record.
Mr. Bert Waters: Commissioner Dawkins, if I... is this on? If I may answer
the question. You may recall that there was a hundred thousand dollars
($100,000) that was being appropriated from the State for implementing the
foreign trade zone as a part of the Wynwood Safe Neighborhood Plan, and we
were going to... the administration was recommending the use of that hundred
thousand dollars ($100,000) to do the improvements, the first phase of it,
which would be the cul-de-sac-ing of NW 5th Avenue, and then the closing of
some of the streets along NW 6th. At that time, it was suggested by our
consultants, Wynwood Development Corporation, that we not use the money, that
money, for those purposes, and we were instructed to go along with their
budget. Their budget which you approved, and we submitted to Tallahassee, and
in turn, Tallahassee approved that budget which basically looks at the Wynwood
Development Corporation using that money to do the foreign trade zone
application, and that was the instructions that was given by this Commission.
Commissioner Dawkins: Mr. Manager, I am very disturbed with this, OK? I
don't need an underling, and I don't use that term despairingly. I do not
need somebody who work for you to explain to me that you and I had a verbal
agreement that they did not live up to, and all of a sudden he is explaining
to me that the reason you didn't live up to it, is because somebody told you
that you can't use that money, and you decided to go ahead and use some other
money, when it was agreed on that you would use CIP money, and that's what you
told me, Mr. Manager.
Mr. Odio: Yes, and you know, Commissioner, to tell you the truth, I forgot
all about the street closure. It is my fault, because I could of told public
works to go ahead and do it.
Commissioner Dawkins: Well then, tell him to shut up. Don't tell him to get
up and make excuses for you.
Mr. Odio: No, he is telling the right thing.
Commissioner Dawkins: No, he is not Mr. Manager, he is making excuses for
you, he is not making it right.
Mr. Odio: No, no, it's my fault, and I forgot.
Commissioner Dawkins: OK, now I accept that, OK? But don't let him get up
there and make excuses for something he ain't know nothing about.
Mr. Odio: No, but Bill should explain... We did have some problems on the
street closures... you better put them on the record.
Mr. Bill Rios: OK.
Commissioner Dawkins: And I don't want to hear nothing from him, he is... I
am talking to you. Now if you've got something to work out with him, you work
it out with him.
Mr. Odio: I'll start it on Monday, to close the street, sir.
Commissioner Dawkins: OK, then you and I go to lunch, and you and I talked.
I don't need to hear from him, and I don't need to hear from him. I need to
hear from you. OK, all right, thank you.
F
195
January 30, 1991
s
Mayor Suarez: You were very eloquent that last time there, Bill. I gather
that the very young people that we have here including a baby in the back, are
mostly here on item 60, is that correct?
Commissioner Dawkins: No, they are not here on 60. What are we here on?
Hold it, just a minute.
Mayor Suarez: What are the young people here on? It will be useful to get
their item resolved, so they can get home and...
Commissioner Dawkins: What's holding us up is a letter from Mr. Campbell
stating the amount of money that he is going to contribute to the Hadley Park
renovation, and that letter is enroute, Mr. Mayor, and as soon as that letter
gets here, I'd like to hear the item. And that's the Hadley... it's item 57.
Mayor Suarez: Unless you want to hear it in anticipation of the letter, and
we dispose of it, so the young kids can go home and then...
Commissioner Alonso: What item is that?
Commissioner Dawkins: If the letter isn't here by quarter of seven, I'd ask
that we hear it.
Mayor Suarez: All right.
Commissioner Dawkins: But they just told me it was enroute.
------------------------------------------------------------------------------
58. DISCUSS AND DEFER TO JANUARY 24TH REVOCATION OF TEMPORARY LICENSE OF
OCCUPANCY AT 2500 N.W. 22 AVENUE (DADE COUNTY LIVE OAK CONVALESCENT
FACILITY).
Mayor Suarez: All right, item 48.
Mr. Norman Malinski: Good evening, Mr. Mayor.
Mayor Suarez: Item 48. I'm sorry, does that take care of item 46? - yes, I
guess so, they are gone. Item 48, then. You don't look like Tony O'Donnell?
Mr. Malinski: No, I am not. My name is Norman Malinski, I am a lawyer. I
practice law at 25 W. Flagler Street, and I am here on behalf of the
Nagymihali family on this matter. If I can review the history briefly with
the Commission on this. This concerns a property which is being developed by
Dade County as a intensive care facility. It is abutting and adjacent to
property owned by the Nagymihali family. For some years now, there has been
both litigation and controversy before the Commission and before some other
City boards on the initial unauthorized removal of a series of oak trees, and
the efforts that the County was going to make to satisfy both code
requirements, Heritage Conservation Board requirements, and the Nagymihali
family, on creating a buffer between this facility that they have constructed.
Mayor Suarez: Are you saying we are at issue again with the County?
Mr. Malinski: Unfortunately, that's why I am giving you the history, Mr.
Mayor. Upon the 8th of November, everybody came here, and in reviewing the...
Mayor Suarez: I don't see anybody here... oh, yes, I do - on the other side
of things. Miss...
Ms. Joni Armstrong Coffey: Yes, sir Mr. Mayor, Commissioners. Joni Armstrong
Coffey, Assistant Dade Country Attorney.
Mayor Suarez: Well...
Ms. Armstrong: The last understanding we have, is that we have a settlement
agreement, and I don't know what this is about.
Mr. Malinski: Well, Miss...
196 January 10, 1991
Commissioner Dawkins: What facility are we talking about?
Mayor Suarez: Wait, wait, wait.
Commissioner Dawkins: Are we talking about that drug, I mean, alcohol rehab
center?
Mr. Malinski: That is... yes, it is being converted to a more intensive use
now yes, that's what we are talking about.
Commissioner Dawkins: All right, go ahead.
Mayor Suarez: Wait, wait. Procedurally, procedurally here.
Mr. Malinski: Yes.
Mayor Suarez: We don't have an agreement obviously, we thought we had an
agreement. Has the whole thing fallen apart, or just one part of it?
Mr. Malinski: Apparently, the whole thing has fallen apart.
Ms. Armstrong: No, sir. We believe we have an enforceable agreement.
Mayor Suarez: All right, you don't think so, he thinks so. Mr. Manager...
Mr. Malinski: If I may, Mr. Mayor, we are here on a narrow item today.
Mayor Suarez: Well, it doesn't sound like it's going to be very narrow to me.
Mr. Malinski: Well...
Mayor Suarez: We've got other items, and it's 6:28 p.m. This is a classic
matter for planning and zoning agenda. I would really, really suggest that we
hear this two weeks from now when we are going to be putting on our planning
and zoning caps, and try to...
Mr. Malinski: Mr. Mayor, we are here...
Mr. Sergio Rodriguez: This item Mr. Mayor, this item is scheduled, the
discussion of the zoning case, this is scheduled for the 24th. Miss
Nagymihali was trying to get this item moved up to see if you, the Commission,
will have sympathy on her situation, because she feels that the County is not
moving ahead fast enough. I told her that I will...
Mayor Suarez: What is being heard on the 24th?
Mr. Rodriguez: The discussion of the zoning item again, the final result of
the Nagymihali case, because you continue...
Mayor Suarez: By what board?
Mr. Rodriguez: By you.
Mayor Suarez: By us.
Mr. Rodriguez: It's an appeal to zoning board, yes.
Mayor Suarez: So we are going to be hearing it on the 24th again?
Mr. Rodriguez: Yes.
Mayor Suarez: Why can't we hear the whole thing on the 24th?
Mr. Rodriguez: You can hear it.
Mr. Malinski: Mr. Mayor.
Mayor Suarez: You guys agree... you agree, but you don't.
Mr. Malinski: No.
Mayor Suarez: All right.
197 January 10, 1991
0
0
Mr. Malinski: And we are here on a very simple matter. When this item was
presented on November 8th to this Commission, as a matter of fact, I believe
that Mr. Mayor, you said something like hallelujah, we are through with trees
for the moment.
Mayor Suarez: I sure did.
Mr. Malinski: On the 9th of November, the County wrote to your building
department indicating that the matter had been resolved, and they wanted a
temporary certificate of occupancy issued. At the hearing, on the 8th of
November, a series of requirements were imposed on the settlement by Mr.
O'Donnell. They were a series of changes that had to be accomplished to the
plans that were submitted by the County. On the 9th, the County wrote and
said, we have settled, we want a temporary CO (Certificate of Occupancy). Mr.
Genuardi, on a hand written... in hand writing on a copy of that November 9th
letter said, subject to submitting plans, issue the certificate... temporary
certificate of occupancy on the 13th of November. The plans submitted by the
County were not submitted until the 5th of December. They are still not
correct according the Commission's expression, and approval of the settlement
on the 8th of November, according to the Sasaki architects, Mr. Crumpton, the
plans are still not correct. They are still not acceptable to anybody, and
the County has now had a temporary certificate of occupancy, and they have
been moving full bore, without satisfying the Commission's requirements,
without satisfying the Nagymihali's needs, without satisfying any of the
requirements that were imposed upon them. As of the 30th of December, Mr.
Crumpton, from Sasaki, is still writing to Mr. Genuardi, and to the Country
saying, the plans are not acceptable. We don't want to do anything today,
other than have the Commission direct its building department to revoke and
rescind the temporary CO that was soft -shoed past the building department on
the 9th of November. There was not no agreement, there still isn't an
agreement, there are still no plans. And the Nagymihali's believe, and I
believe rightly so, that all of the incentive, and all of the leverage that
can be asserted on the County to meet the requirements of the City and of the
agreement that now doesn't exist, have now been removed, now they have a
temporary certificate of occupancy. We want to return matters to the status
quo.
Mayor Suarez: Wait a minute. Please.
Mr. Malinski: That's all we want, on behalf of the Nagymihalis, is to return
matter to where they were before the County went into business for itself, and
decided that it had been settled, and asked for a temporary CO.
Mayor Suarez: All right. It was a complicated issue at the time. It is still
extremely complicated. We have the matter before us on the 24th, on a very
technical zoning aspect of it, we thought it had been settled. For this
Commission to now direct the building official to revoke a certificate of
occupancy is a major undertaking for us that would require a fairly long
hearing, I am sure they would want to make all kinds of arguments. Unless any
Commissioner wants to delve into it right now in view of all the other things
we have pending, the young people we have here, and on the fact that on the
24th we have a planning and zoning agenda, which is classic for this kind of
dispute, and on top of that, we have a matter coming up that's related to all
of this, I would be inclined to not do anything until the 24th. We've let you
speak and argue why it should be done today.
Mr. Malinski: If I would, Mr. Mayor...
Mayor Suarez: It doesn't sound like anything tragic will happen between now
and the 24th.
Mr. Malinski: It has been tragic, it has been several months now that the
County has been operating under the auspices of a temporary certificate of
occupancy that it secured without consent, without revealing to the City and
to the City staff, the true state of affairs. Miss Nagymihali is here, she
wants to speak to you to address you, you have heard from her before.
Mayor Suarez: I know, but the last time we began to delve into the merits of
this, it appeared that there was a settlement of all the very complicated
aspects. We put on the record most of the elements of it, and apparently
there are still matters pending, and now a wholesale dispute, and I think we
are going to have to resolve it on the 24th.
198
January 10, 1991
Commissioner Dawkins: I'll go along with the recommendation.
Mr. Malinski: If I may ask Ms. Nagymihali to address...
Commissioner Dawkins: No, no, Mr. Mayor, I move that all of this be moved to
the 24th. There is no sense in us hearing it twice, and if they have not met
the requirements for the temporary CO, I'll be voting that they move out, but
I don't think that we should hear this again now, like you said, with all
these things, and then here it, and then hear it again.
Mayor Suarez: And you might want to privately advise your client that
procedurally I think we are OK, if we refuse to hear it further today, because
you've gotten enough time under the City code, but besides that, just as a
sort of a human consideration, this Commission tends to get a little bit, you
know, defensive about voting on things if it just don't fit into our agenda
for the day. We have heard you for a couple of minutes, we have heard you
explain on behalf of your client, the reason why the urgency. It really
doesn't convince me, so I'd much rather hear it on the 24th, and you might
want to suggest to her that the rest of this Commission will also be more
favorably inclined to your position if you wait until the 24th. It's two more
weeks, and whatever the problems you have endured up to now, Eva, are not
going to get too much worse between now and the 24th, frankly.
Mr. Malinski: Very well.
Mayor Suarez: Thank you.
Ms. Coffey: Thank you.
Commissioner De Yurre: Could you find out why the children are here, there
are about 25 children here.
Commissioner Dawkins: Yes, OK.
Commissioner De Yurre: What number are the children here on?
Commissioner Dawkins: Fifty-seven.
Commissioner Dawkins: It was item fifty-seven, Commissioner Dawkins said to
wait another fifteen minutes to see if he could secure letter that was coming
in regards to the item, and we are waiting until quarter to seven.
Commissioner Dawkins: If it's not here... if it is not here after the next
item, I'll go...
Mayor Suarez: Very good.
199
January 10, 1991
--------------------------------------- --------------------------------------
59. DISCUSS AND TEMPORARILY TABLE REQUEST BY MEMBERS OF THE FRIENDSHIP
MISSIONARY BAPTIST CHURCH FOR CONVEYANCE OF CITY -OWNED SITE. (See label
68)
Mayor Suarez: Item 49. Conveyance of City -owned to the Friendship Missionary
Baptist Church.
Mr. James Pilaflan: This item before now... and my name is James Pilaflan,
attorney for Friendship Missionary Baptist Church, who for many, many years
was located right downtown, Miami, and they moved over there to 15th... 8th
Street and 7th, between 7th Avenue and 7th Court. They have been... Mr.
Mayor, I am advised by the pastor that they were expecting some people to come
over here. Could we...?
Mayor Suarez: You would like to wait a little while?
Mr. Pilaflan: We'll wait awhile, please.
Mayor Suarez: OK, fine. And I see you have got your friendly in-house
advisor, Jeffrey Watson back there.
AT THIS POINT, THIS ITEM WAS TABLED.
60. APPROVE, IN PRINCIPLE, CONSTRUCTION OF OLYMPIC SIZE POOL AND RENOVATION
OF FOOTBALL FIELD AND FIELDHOUSE CHARLES HADLEY PARK - AUTHORIZE DRAFT
OF AGREEMENT, etc.
Commissioner Dawkins: OK, Mr. Mayor, I'll go ahead. As this Commission
knows, we decided to upgrade Hadley Park, and then we were going to put an
Olympic size pool in Hadley Park, and Mr. Luke Campbell is donating money to
upgrade the football and baseball fields, and he also was going to contribute
enough money to build a field house. So, the letter isn't here, spelling out
the amount of money that he is going to give, so I would like to move... all
the little leaguers stand up so you could wake up.
Commissioner Alonso: All of them are asleep. Wake them up.
Mayor Suarez: All those who are awake.
Commissioner Dawkins: All right. These are youngsters who cannot play ball
if their grades do not merit it. They cannot play ball if their conduct does
not merit it, and they can't play ball, if they can't play. So we have
decided that since they are desirous of helping themselves, that we are going
to provide a facility that will enhance them, and they would be proud of. As
this Commission knows, I was desirous of having a black set -aside, where we
have already had the plans drawn for a pool, and a field house. My reasoning
for the black set -aside is, I cannot encourage them to go to school to become
architects, if they can't see something that was designed by a black
architect. I cannot ask them to go to school to be a plumber if they can't
see a job that a plumber did. I cannot demand of them that they go to school
and get a general contract, if they don't do it. And this Commission is in
plead agreement with me, that if the black contractor can take the money that
we have, and produce the product that we have said, that it could be done.
Now, since the letter isn't here, I would like for us to approve this in
principle, and give it to the Manager, and when I get the letter, let the
Manager come back at the next meeting with the contract and all for us, so
that we can approve it, and we could move on and develop this Olympic size
pool where they can learn to swim competitively, and we do have... there are
swimming scholarships that they could be training for, but the most important
thing I'd like for the City of Miami to work on is, we get this pool, and we
get it in time for the Olympics in Atlanta, and we have some guys who are
competing from this pool and go to Atlanta and swim in the Olympics, that
would be something that we in this City produced and did. So I would like to
move this principle, and when the letter gets here, we can have the Manager to
200 January 10, 1991
1]
negotiate the contract and what have you, and bring it back to us at the first
meeting in... motion that we approve the construction of the pool, and the
renovations to the football field, and the field house with the money donated
by Mr. Campbell. If the money donated by Mr. Campbell does not build the
field house and make the renovations to the field, then we have to go back...
Mayor Suarez: OK. So moved.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? I£ not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-59
A RESOLUTION APPROVING, IN PRINCIPLE, THE CONSTRUCTION
OF AN OLYMPIC SIZE SWIMMING POOL AND THE RENOVATION OF
THE FOOTBALL FIELD AND FIELDHOUSE AT CHARLES HADLEY
PARK AND AUTHORIZING THE CITY MANAGER TO ACCEPT A
CONTRIBUTION FROM MR. LUTHER R. CAMPBELL TO PARTIALLY
FUND THE RENOVATION OF THE FOOTBALL FIELD AND
FIELDHOUSE IN ACCORDANCE WITH TERMS AND CONDITIONS FOR
THE ACCEPTANCE OF SAID CONTRIBUTION AS SET FORTH IN AN
AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WHICH AGREEMENT IS TO BE NEGOTIATED BY THE CITY
MANAGER.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
Mayor Suarez: You might want to have a welcoming committee there for the
letter when it arrives, and sort of grab it. All right, good to have you
kids.
Commissioner Dawkins: And all of you, go home and get a good night sleep.
Thanks, Sam.
201 January 10, 1991
s
f7
bl. (A) DISCUSS AND REFER TO MANAGER REQUEST BY CURE AIDS NOW FOR
ASSISTANCE IN CONNECTION WITH BICYCLE RALLY RACE TO BE HELD IN
COCONUT GROVE.
(B) GRANT REQUEST FROM CURE AIDS NOW - ALLOCATE $25,000 FOR A
FEEDING PROGRAM.
------------------------------------------------------------------------------
Mayor Suarez: OK, item 50. Vice Mayor Plummer is not here, but I presume
that this matter can be disposed of without his presence, although he
requested it on the agenda. Do we have a problem with it, Lieutenant? Do we
have a problem with item 50? - Bicycle Rally Race for Cure Aids now, is it
basically just a request for the use of the streets, et cetera?
Mr. Mark Eustace: Yes, six.
Mayor Suarez: You are not asking for any waiver of any of the fees involved
in that?
Mr. Eustace: Yes, sir.
Mayor Suarez: You are asking for a waiving of the fees involved in that.
Commissioner Dawkins: What now?
Lt. Joe Longueira: Sir, we... Mr. Mayor, we haven't met at all with him. We
don't have any information.
Mayor Suarez: OK. Why don't you do that now, if you would...
Mr. Eustace: Yes.
Mayor Suarez: Vice Mayor Plummer is not here, presumably he knows more about
the request, not to mention the fact that he headed the committee that put
into place, a new ordinance with these fees. Unless the amount that we are
talking about is inconsequential... have they estimated for you what the fees
would be?
Ms. Marlene Arribas: Not yet, we had an appointment on, I believe, the 22nd
with the police department.
Mayor Suarez: When would the race take place? - March?
Commissioner Alonso: March.
Ms. Arribas: April. No, we changed it to April 28th.
Mayor Suarez: All right, well, you've got time then.
Ms. Arribas: Yes.
Mayor Suarez: Actually, I think maybe we just direct the staff of the City to
work with you, and try to solve the problems in principle, without making any
specific allocations or waivers, and if you can do that, then maybe we won't
see you again, if not, maybe we will see again for final approval, if it
involves any financial consequence to us, which it... I have a feeling, it
might.
Commissioner Dawkins: Mr. Mayor, I think at one time, I think, now, if I am
in error, I wish the rest of us up here would correct me. Cure Aids Now came
before us and said that they were in dire needs of funds to continue to feed
aids clients. At that time, I thought that it was agreed that we would ask the
community development to borrow twenty-five thousand dollars ($25,000) from
the general fund, and replace it when the funds for next year's funding cycle
comes down. Am I in error in that?
Mr. Odio: I remember the discussion, I don't remember the specifics.
Commissioner Dawkins: OK.
202 January 10, 1991
Mr. Odio: You might be right, I...
Commissioner Dawkins: OR. Well, is such a thing possible, Mr. Manager?
Mr. Odio: How much?...
Ms. Arribas: It was twenty-five thousand ($25,000).
Commissioner Dawkins: Twenty-five thousand dollars ($25,000) they needed.
Mr. Odio: Replace it...
Commissioner Dawkins: Is such a thing possible?
Mr. Castaneda: Commissioner, what you are saying is, that you want twenty-
five thousand dollars advanced from the General Fund...
Commissioner Dawkins: Yes, or from anywhere, I don't care where it comes
from.
Mr. Odio: Replace it with CDBG fund.
Commissioner Dawkins: Yes, when we get the funding for feeding people, and
what have you next year, then we just advance them the money, and replace it.
Mr. Castaneda: But then what are they going to do about next year?
Commissioner Dawkins: I'm trying to feed people today, next year, I'll worry
about feeding them next year. I want to feed them now.
Mr. Castaneda: Next year is July 1st.
Commissioner Dawkins: Next year, I'll worry how to feed them, next year.
Mr. Odio: If you approve that, we will go ahead and do it. Based on next
year's CDBG?
Commissioner Alonso: I think we did, didn't we?
Commissioner Dawkins: Yes.
Mr. Castaneda: But next year is July 1st, that's what I am saying.
Mr. Odio: But we advance it for this time.
Ms. Arribas: There is something else.
Mr. Odio: Oh, oh.
Ms. Arribas: February 1st, one point eight million dollars ($1,800,000) is
coming down to Dade County from the Ryan White Care Bill.
Commissioner Dawkins: No, let's worry about the City of Miami.
Ms. Arribas: No, but the thing is... I understand that but if the City of
Miami...
Commissioner Dawkins: Frank, what you are saying is, that on February 1, you
can give them twenty-five thousand dollars ($25,000).
Mr. Odio: Yes, we can.
Mr. Castaneda: No, on July 1st. What I am saying, that next year... July 1st
is the next year for the allocation.
Commissioner Dawkins: That's what I know.
Mr. Castaneda: Right, so we would be making an allocation for them starting
July 1st.
Mr, Odio: We will advance it, and we will replace the money with CDBG funds.
203
January
10,
1991
a
Commissioner Dawkins: That's right.
some money from somewhere else.
And then on July 1st, I'll help find
Mr. Odio: Yes, sir, Commissioner. If you vote on it, we will do it.
Commissioner Dawkins: OK, no problem.
Mayor Suarez: Any McKinney Actfunds that come down, not McKinney Act funds,
what fund is the County going to get?
Ms. Arribas: The Ryan White Care Bill, and it's due in February 1st.
Mayor Suarez: Are you saying that the City will also receive some?
Ms. Arribas: I am not sure, but what Bobby asked me ask you is if we can seek
your help in asking the County, since the majority of our clients are in the
City of Miami.
Mr. Odio: Yes.
Mayor Suarez: Yes, except we will be asking you for your help in getting the
County to give it to us.
Ms. Arribas: As long as we work together on that.
Mayor Suarez: Yes, you certainly have that. All right.
Commissioner Dawkins: Work with the Manager now, so we can do what we have to
do.
Ms. Arribas: Thank you, very much.
Mayor Suarez: Do we need a motion on any of this.
Mr. Fernandez: Yes, for the money, you do.
Mayor Suarez: As to the lending of the monies to be replenished by the CDBG
allocations in July 1st. We have a motion, and a second.
Commissioner Dawkins: I'll second it.
Commissioner Alonso: Yes, I move.
Mayor Suarez: Call the roll on that.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-60
A RESOLUTION ALLOCATING $25,000 IN THE FORM OF AN
IMMEDIATE GRANT FROM GENERAL FUND MONIES IN SUPPORT OF
THE CURE AIDS NOW MEALS PROGRAMS, AS AN ADVANCE
ALLOCATION OF SAID ORGANIZATION'S ANTICIPATED JULY 1,
1991 ALLOCATION IN A LIKE AMOUNT FROM COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
204 January 10, 1991
Ms. Arribas: My parking lot.
Commissioner Alonso: I was going to ask you to call the office tomorrow to
see if we finished that. We wanted -to complete that in December, and they
told me you had all kinds of sales going on, didn't want to complete the
parking lot in December, so I am anxious to see it finish.
Ms. Arribas: I called Mercy and left five messages last week.
Commissioner Alonso: Call me tomorrow afternoon and we will get...
Mayor Suarez: She used to do that when she worked for me too.
Ms. Arribas: Listen, as long as I am not getting fined, I don't mind.
Commissioner Alonso: As a matter of fact, why don't you talk to Mercy right
now.
Mayor Suarez: Yes, she is here.
Ms. Arribas: Thank you.
Mr. Eustace: Thank you.
62. DISCUSSION CONCERNING FFLAIR ENTERPRISES FUNDING REQUEST IN CONNECTION
WITH THEATRICAL PRODUCTION OF "FACES IN BLACK".
Mayor Suarez: Item 51, Jane Carnegie.
' Ms. Jane Carnegie: Good evening, I am Jane Carnegie, and I would like to
thank you for the opportunity to be here this evening to represent my non-
profit production company, it is Fflair Productions Incorporated. We produce
a weekly television show, it's a thirty minute show that's currently being
aired on WLRN, channel 17. The title of the show is, Faces in Black. This
week I made a package available to each of you individually, the Commissioners
and the Mayor, that was very discriptive about a proposal, a budget breakdown
of what we are asking for today. Also, with newspaper articles that
substantiate the things that I mentioned in the proposal and the budget, and
some other support materials. For those of you who may not have had the
opportunity to read the literature that I made available, I'd just like to
briefly give you a run down of the purpose of our show. First of all, the
Vice Mayor made mention, the images and perceptions and the importance of
that, and that is one of the primary goals of Faces in Black. We feel that we
are doing an excellent job in building bridges through positive outreach, and
Lord knows, in the day and time of so much disparity, and so many negative
things that are happening with the image and preception of Miami and its
citizens, I think we will all agree that it is very much needed that we have a
show like, Faces in Black. The second thing that we are trying to do, our
primary focus is African Americans in our community, but we are also
attempting to bridge gaps that are here with the entire community through
disspelling myths and talking about reeducating people, talking about the
positive things that are happening with role models. I believe the majority
of our community are people that are trying to do positive things, educational
things, motivational things. They are not pimps, and prostitutes, and pushers
and the kind of things that you are constantly seeing in the negative images,
and perceptions that are going out, not only in our community, but throughout
the country. Our show is also a very important show, because it is the voice
of the common man, the person that does not get that opportunity to be heard
or seen on commercial television on a regular basis. Our show is very
essential also in educating in the crucial areas of substance abuse, teenage
pregnancy, environmental issues, issues of concerns with our senior citizens,
which we all know are senior citizens or sort of like the forgotten people, on
an island of their own. We also address infant mortality, education, the arts
and cultural affairs, dropout prevention, economics, general health care and
` awareness, and media awareness, because we also feel that even though our
commercial television stations are there, our commercial radio stations, our
public access stations, that if we educate people, and let them know that
' 205 January 10, 1991
these entities are not bigger than life, but that they do need your input, and
that you are important because they are here as a viable medium to serve the
people, then we can all communicate more effectively. I'd also like to say
something that I feel is very important - stop smiling, Mark - is that we have
worked with this company for one full year with no monetary compensation. I
have not received any salary. My husband is a business partner. He has been
very supportive of all the things that I've endeavored. We have a true
community commitment, and I don't think any of you sitting there, or anybody
in this audience today, can say that you will work hard, long hours committed
to a cause without salary, without any other compensation except your love for
people and the community, and knowing that there is a void for positive and
quality black programming without being truly committed. So, I think our
track record, our record of professionalism in excellence speaks for itself.
The fact that we have not received salaries speaks for itself, and the fact
that the budget that we have presented before you today asking for the amount
of $144,000, which does not include salaries, is just a continuous commitment
of our desire to serve this community and that is the end. And we're asking
that you make a motion and vote today, because we're coming upon black history
month, and a lot of things that we want to do, including a show that we
started in Verona, Italy, with the African -American Commemorative Gospel
Choir, and we'd like to complete that show and some other shows that we have
proposals for. So I'm asking today that you make a motion and vote on it, so
we'll know where we're headed with it.
Mayor Suarez: De Yurre had something to do with that promotional effort in
Verona, right?
Ms. Carnegie: No, he did not, not with our project. We felt, and in all
honesty, I just have to be real here, our company looked at the fact which we
found out about the Verona trip the Thursday before they left on Friday. And
we were wondering why an event of such magnitude - it's actually a historical
event - the first time that blacks have been invited to perform in a foreign
country, Verona, Italy, it had no media representation from the states. We
took $7,000 out of our personal money. We purchased our own tickets from
Pacific Airlines, flew Alitalia, paid all of our expenses, paid for our camera
rental. No one told us to do that, but we believed in that group so much and
we believed that the rest of the world needed to see that visual presentation
of that, and that is why we went. No one asked us to go. I guess once again,
believing in the cause and our commitment, we were crazy for the cause. So,
no...
Mayor Suarez: It's probably worse than that if one of the people on the trip
had not chosen to write an article and happened to work for the Herald, there
probably would have been nothing in the paper, I don't think.
Ms. Carnegie: Yes.
Mayor Suarez: The way the media is.
Ms. Carnegie: But we believe in the positivity, and I really feel that if it
was another group - and it's not a racial issue, it's just the facts. Why
wasn't there any media representation other than a small struggling
independent company called Fflair Productions that believed in these people
that were going, and knew that it needed to be recorded visually, because it
was a first.
Mayor Suarez: OK. The closest thing to funding anything of this sort that
we've ever done was an effort to let the world know, particularly media groups
from other parts of the United States know what was going on in Miami and
about our City, we stopped funding that, I believe. It was a joint effort by
a group which had black and Hispanic owners. We've since had at least one
other presentation like this for City involvement in media productions,
whether they're promotional, informational, educational, or all of the
above...
Ms. Carnegie: Well, the one...
Mayor Suarez: It's certainly unifying, you know.
Ms. Carnegie: OK, let me add this. I hope I didn't make it seem...
206 January 10, 1991
Mayor Suarez: But it is not a function of City government to do this. And,
besides, which we don't have the money.
Ms. Carnegie: Um hum.
Mayor Suarez: We just don't have the money. For example, in the prior item,
allocated, as in the other items we've had today, which we've had fifty some,
plus the consent agenda items, we have tried to favor funding with
discretionary funds, and you're welcome to apply for discretionary funds in
the Community Development block grant cycle. But you would have to somehow
characterize it as economic development, or social services. And I don't know
that you can characterize it either way. There was something awfully close to
this which - hal I just had an idea.
Ms. Carnegie: But let me ask you this.
Mayor Suarez: Wait, wait, wait, we characterized it today under the Law
Enforcement Trust Fund. You see the lieutenant right behind you? -he's
already shaking his head saying, no way, no way, no way. Actually, it was an
artistic effort, and we characterized it and put it under the law Enforcement
Trust Fund which are not City monies. They're City administered monies that
come in from forfeitures of cases of drug dealers, et cetera. The law says we
have to apply that for programs that combat crime, and typically we've
sometimes stretched the interpretation a little bit to be able to do things
like what we approved today, so, conceivably could come under that. Don't
hesitate to...
Ms. Carnegie: Well, the...
Mayor Suarez: ...see Dr. Lisaso over there is saying, maybe yes. The
lieutenant is saying, maybe no.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Tourist bed tax.
Commissioner Alonso: Oh, that's right!
Mayor Suarez: The old tourism tax which our legislators are saying, don't use
for anything except tourism promotion. If anybody has any ideas how we can
get our hands on that. We don't administer that, but...
Commissioner Alonso: Oh, they have lots of money.
Mr. Antonino Hernandez-Lisaso: Mr. Mayor, Plummer is in that thing. They
also have...
Mayor Suarez: The TDC.
Mr. Lisaso: ...the NEA, the National Endowment for the Arts. We will be very
happy to, our department, to help them write those grants, and respectfully,
Mayor, what they could do, my idea is, they could film, they could document
what they're going to do at the Coconut Grove Playhouse, and then, as part of
the program, film it, and then perhaps get a piece of the action.
Ms. Carnegie: In all fairness to each of you that may be potential voters on
this, I'd like to know, first of all, if you got the proposal that I
submitted, why was I allowed to waste four hours of my time waiting to come
before the Commission to vote on an item that was placed here. Warren Butler,
your assistant, was aware that why have I just wasted four hours of my
valuable time...
Mayor Suarez: Jane...
Ms. Carnegie: ...for a situation that you don't have the ability to vote on?
Mayor Suarez: Well, we just about found some areas that are worth exploring,
and we presumed that you wanted to wait the amount of time for that, even for
that possibility. There are items here, one of them which is relevant to
Overtown/Park West, the single most important development effort he City has
ever undertaken, the urban renewal there, which is item 60. They might want
to ask why their item has had to wait until, you know, until we get to that
point, and...
207 January 10, 1991
5
Ms. Carnegie: No, the problem isn't waiting....
Mayor Suarez: So does every other item. I mean, we try... you want it to be
on the agenda, we put you on the agenda. We try to get to all the items as
quickly as we can. Ever since one of our Commissioners left here, we've been
moving a little quicker. He's going to kill me when he hears that, but...
Ms. Carnegie: I understand the waiting is not the problem. If you're going
to get results, and I know you were saying, well, you have now given me some
options, but evidently, you knew or the people that put me on the agenda with
the budget and the proposal, knew that there was nothing you could do for me
here today based on what I was asking for.
Mayor Suarez: We don't know that. If you've concluded that, then you
probably didn't hear what was just said by Dr. Lisaso that he just saw an
avenue where somehow Law Enforcement Trust Fund monies might be able to be
used. If you want us to explore that further, we will. If you just simply
want to say that you wished you had been told in advance that this was a very
difficult thing to do, I sure hope my staff told you that, because we have no
monies for production of any kind of film, advertising programs, and
otherwise.
Ms. Carnegie: But, it is deeper...
Mayor Suarez: The City does not do that.
Ms. Carnegie: But, what it is, it is not just a production. It is deeper
than that. It is more than just getting $100,000 for a play that's a one time
event, even though it may have 78 performances or whatever. It is reaching
hundreds of thousands of people. It is bridging gaps. Why should it be that
someone must burn down their community, and get in an uproar before they get
some respect, recognition, or even consideration? Why must it be that a
person or a group of people can burn down their community and come before the
Commission and get it right there, Johnny -on -the -spot? I mean, you give over
a million dollars for festivals you have no way to gauge the return....
Mayor Suarez: We have eliminated totally the festival funding in the City of
Miami.
Mr. Odio: We have not one dollar.
Mayor Suarez: Zero.
Mr. Odio: Not one dollar.
Ms. Carnegie: I am not saying you have it now when I'm not asking for
festival funding, because Lord knows anybody, any individual here with the
cause that they are being recognized for, I'm sure feels that they have a
valid cause, and they should be recognized and given consideration. But I
also feel that knowing the importance of bridging gaps, knowing the importance
of educating, so that people can understand not only themselves, but other
cultures, is essential and that goes beyond a festival, a play, or whatever.
That is definitely under the guidelines of community development or things
that the City should fund. And if I sound frustrated, it's just that I get
tired of talking to people, and everybody keeps giving me great lip service
about how important a show like Faces in Black is, and every time we turn
around, it's a solid door. No sponsorship, no funding. But yet, you see
money - I read over several articles in the last couple months about money
that has just been squanderedt Squandered!
Mayor Suarez: Well, we sure didn't squander any today in this Commission, I
tell you.
Ms. Carnegie: I mean, but we all know, we all know that monies are
misappropriated. We know that monies are spent in areas that they shouldn't
be spent, and you don't get any results. I'd like to...
Mayor Suarez: I don't agree with that statement at all, but...
Ms. Carnegie: ...whatever suggestions that you have, I appreciate the
suggestions that you made - whatever suggestions you have from now.
208 January 10, 1991
Mayor Suarez: The Law Enforcement Trust Fund is an interesting avenue. It's
a tough one, it's a tough fit for what you're proposing.
Ms. Carnegie: I can't even get a call back from Chief Anderson. I gave him a
proposal as a private entity.
Mayor Suarez: Well, you've got the lieutenant...
Ms. Carnegie: For things that would definitely benefit them.
Mayor Suarez: Jane, Jane, you've got the lieutenant here who advises us on
that fund, although he does take his cue from...
Ms. Carnegie: I've spoken to Major Williams, Major Warshaw, Chief Anderson
himself, Art. You know, it just seems like it's all political jargon, you
know. And I see why people get frustrated, and I see why people take to the
streets, because they get tired of having something good, something right,
trying to go through this system. Thank you for your time.
Mayor Suarez: All right. Thank you for your presentation.
(APPLAUSE)
Mayor Suarez: If you're interested in the possibility of Law Enforcement
Trust Fund, Lt. Longueira, I'm sure, will be available, as will all the other
majors and chiefs and so on that you spoke to.
63. DISCUSSION CONCERNING A PROPOSAL TO NAME A PORTION OF 22ND AVENUE
(PREVIOUSLY CODESIGNATED GENERAL MAXIMO GOMEZ) AFTER GENERAL CASIMIR
PULASKI - NO ACTION TAKEN.
Mayor Suarez: Item 53. Are they here? I don't see anybody. We had some
street namings, I don't see anybody here...
Commissioner De Yurre: I think the problem - I think it's a staff problem
that we need to address. The same street has been named for two people.
Commissioner Alonso: Dr. Prieto. Dr. Prieto is...
Mayor Suarez: Two street names. What do you need from us?
Dr. Luis Prieto: Basically, the Commission approved last July to naming a
piece of 22nd Avenue General Casimir Pulaski in honor of the Polish -American
Club. That avenue, between 36th Street and U.S. 1, 70 blocks, was named back
in 1986 General Maximo Gomez. If there's no real objection of having one
small sector, four blocks, named under Pulaski and remaining the other 67
blocks Maximo Gomez, the Department has no problem with that.
Mayor Suarez: All right, does any Commissioner have anything to say about
that idea in the effort to have ethnic unity and so on by naming streets, if,
in fact, that accomplishes it. Certainly it reminds people of great
forefathers and heroes...
Commissioner Dawkins: So move.
Commissioner Alonso: Well, the only problem that I have with this is the fact
that when we changed the name, no one told us of the problem. I wish you had
told us that...
Mr. Prieto: I wasn't here.
s
Commiasioner Alonso: Where were you?
1
Mr. Prieto: On vacation, fortunately.
Commissioner Alonso: That's a good one. Well, in any event, someone from
your department should have informed us, because this is very embarrassing for
209 January 10, 1991
us as a Commission, we name one on top of the other. And I guess we have no
choice, but as to leave what we have done.
Mr. Odio: The only thing... yes, but I don't think it's... your driving on
Maximo Gomez and it changed to Pulaski for four streets, and then back to
Maximo. You know...
Mayor Suarez: Those signs are not meant to...
Commissioner Dawkins: Take the first four and the last four.
Mr. Odio: Maybe that be...
Mayor Suarez: Yes, they're not meant to confuse people, they're co -
designations. The main street designations still remain. I don't think
anybody is going to get confused, for myself. So, for my vote, I have no
problem with it.
Commissioner Alonso: So, we take no action.
Mr. Prieto: Basically, you know, nobody really goes by these names. They go
by 22nd Avenue and so...
Commissioner Alonso: Thank God, because it's very confusing.
Mr. Odio: Thank God.
Mayor Suarez: They go by the old street number and avenue, so on. It's not
like Coral Gables now. Coral Gables has all the streets after Spanish names,
et cetera.
Mr. Prieto: That's right.
Mayor Suarez: Nobody seems to ever bring that up in the newspapers for some
reason. All right. You're not going to get involved in this, are you, Chief?
Thank you. Thank you.
Commissioner Alonso: Oh, just to protect him.
Mayor Suarez: All right, do you need any action from the Commission?
Mr. Prieto: No, sir.
Mayor Suarez: Just information.
Mr. Prieto: Just information.
64. AUTHORIZE MANAGER TO NEGOTIATE PROPOSED RENDERING OF PROFESSIONAL
SERVICES BY THE FIRE RESCUE DEPARTMENT TO THE PROPOSED NEW CITY OF KEY
BISCAYNE.
Mayor Suarez: Item 54. Now we've got Fire Chief.
Mr. Odio: This is just to inform you that at some point prior to the vote
being taken, that the City of Key - the people from Key Biscayne - approached
the City of Miami to see if we would provide fire services. And, I wanted him
to...
Mayor Suarez: What do you need from the Commission? I can't imagine anybody
here who would be against our proposing to render that service and make a
little money back for the citizens of Miami.
Commissioner De Yurre: Are we just looking to give you an OK to go ahead and
negotiate?
Mr. Odio; I would like to have policy decision how would we proceed with the
negotiations if they so wish to do that.
210 January 10, 1991
Commissioner De Yurre: I'll move that.
Commissioner Alonso: Of course.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? I£ not, please call the roll. Most
eloquent, Chief.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 91-61
A MOTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE
WITH THE PROPOSED NEW CITY OF KEY BISCAYNE FOR THE
PROVISION OF FIRE PROTECTION SERVICES BY THE CITY OF
MIAMI FIRE DEPARTMENT TO SAID AREA, ON A CONTRACTUAL
BASIS.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J. L. Plummer, Jr.
Mayor Suarez: The final agreement is then approved by the Commission anyhow.
Mr. Odio: We would have to bring...
Commissioner Alonso: It would have to come. Yes.
65. DISCUSS AND REFER BACK TO CITY MANAGER PROPOSED FOOTAGE FEE INCREASE TO
ORGANIZATIONS PRESENTLY OCCUPYING SPACE AT MANUEL ARTIME COMMUNITY
CENTER.
[NOTE: FOLLOWING EACH AND EVERY STATE ENT, PLEASE FIND THE
CORRESPONDING TRANSLATION INTO ENGLISH OR SPANISH,
AS THE CASE MAY BE. SPANISH STATEKIKNTS WILL BE
DENOTED BY CAPITAL LETTERS. TRANSLATIONS WERE MADE
BY MR. CESAR ODIO CITY MANAGER.]
Mayor Suarez: Item 55.
Commissioner De Yurre: Yes, Mr. Mayor. I have some representative here from
LA BIBLIOTECA PEPIN RIVERO DEL COLEGIO NACIONAL DE PERIODISTAS DE CUBA. And,
Cesar, you can translate a little bit here.
Mr. Odio: This is the professional organization for the Cuban Writers in
Exile.
Mayor Suarez: They've got a space at the Artime Community Center?
Mr. Odio: They have a space there. USTEDES TIENEN ESPACIO AHI EN EL Artime
Center, no?
Unidentified Speaker: EN EL DEPARTAMENTO 200.
TRANSLATION: They have room number 200.
Mayor Suarez: What do they need? What are they here on? -a fee waiver?
211
January 10, 1991
Commissioner De Yurre: Fee waiver for the rent, because they can't afford it.
Mayor Suarez: OK, the problem is that we have put into place the fee schedule
so that we have some competitive way of renting out the facility, and, of
course, we...
Commissioner De Yurre: How much money is the annual rent there?
Mr. Odio: CUANTO USTEDES PAGAN AL ANO? CUANTO LES HAN PEDIDO QUE PAGUEN AL
ANO?
Unidentified Speaker: $178 o $200.
TRANSLATION: We have asked them to pay $178 a year. I'd rather...
Mayor Suarez: Well, it must be a month.
Mr. Odio: AL MES?
Commissioner De Yurre: No, no, no.
Unidentified Speaker: No, no. SI, MENSUAL.
Mr. Odio: CUANTO AL MES?
Unidentified Speaker: SON UNOS CIENTO SETENTA Y TANTOS DOLARES.
Mr. Odio: AL MES.
Unidentified Speaker: SI, SI.
TRANSLATION: It's $21.00 a month.
Mayor Suarez: All right, listen I think that we should relegate this to the
Manager. It's within his discretionary authority to deal with it as he deems
fit. This is not a matter that needs to come before this Commission for that
amount of money, for God's sake. And if not, let us know, we'll find our
discretionary funds or some...
Commissioner Alonso: So, we're talking about $178.00?
Mayor Suarez: If it's $178.00 for the entire year, I hope we don't spend too
much time in this Commission now discussing that, for God's sake.
Mr. Odio: That's what it is.
Commissioner Alonso: That's what it is. That's no problem.
Mayor Suarez: Please, you know, take care of it some way or another. If not,
call our office. We'll find a contributor or somebody to give it.
Commissioner Alonso: If you don't find the money, talk to me.
Mayor Suarez: Dr. Alonso has just offered to pay from her own pocket. All
right.
212
January 10, 1991
--------------------------------------------------------------------------------
66. REFER TO MIAMI STREET CODESIGNATION REVIEW COMMITTEE REQUEST TO IDENTIFY
AN APPROPRIATE STREET TO BE CODESIGNATED IN HONOR OF LEOPOLDO FERNANDEZ,
"TRES PATINES", CUBAN COMEDIAN.
------------------------------------ -----------------------------------------
Mayor Suarez: Item 56.
Commissioner De Yurre: Yes, Mr. Mayor, as we well know, in the Cuban
community Leopoldo Fernandez, Tres Patines, has been an institution to us all,
part of our culture. And I think it would only be fitting that we find a
proper avenue, street that we could name after him. And I would move at this
time that we send this to the designating committee to find a proper avenue
that we may name after Leopoldo Fernandez Tres Patines. I so move at this
time.
Mayor Suarez: So moved.
Commissioner Alonso: I second.
Mayor Suarez: And seconded. The best thing is that he won't be making
political satire of those of us that are sitting on the Commission right now,
which he used to be very good at.
Commissioner Alonso: Great.
Mayor Suarez: OK. Moved and seconded. Any further discussion? If not,
please call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 91-62
A MOTION REQUESTING THE MIAMI STREET CODESIGNATION
REVIEW COMMITTEE TO IDENTIFY AN APPROPRIATE STREET IN
THE CITY TO BE CODESIGNATED "LEOPOLDO FERNANDEZ, 'TRES
PATINES,"' IN HONOR OF THE FAMOUS CUBAN COMEDIAN.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J. L. Plummer, Jr.
67. EXPRESS DESIRE OF CITY COMMISSION TO CONTINUE ITS COMMISSION AWARENESS
PROGRAM.
Commissioner De Yurre: Fifty-eight.
Mayor Suarez: Fifty seven has been taken care of. Fifty eight.
Commissioner, what did you need on that? Is that just...
Commissioner De Yurre: Well, I think that the time that we gave initially to
this program, I think it's up, and it•'s a matter of just revisiting it.
Whether we want to continue it, people are comfortable with the way it's
working to go ahead and continue with this Awareness Program.
Mayor Suarez: We've had input from a couple of Commissioners on it, and it's
been helpful to our deliberations as far as I'm concerned.
213 January 10, 1991
11
Commissioner De Yurre: OK, well, then we can go ahead and continue with it.
Commissioner Alonso: It saves us time...
Mayor Suarez: Yes.
Commissioner Alonso: ...and make it easier.
Commissioner De Yurre: OK, fine. We don't need any vote on this. We'll just
keep it going.
Mayor Suarez: Formal motion on it at this point.
Commissioner Alonso: I think it will have room for improvement...
Mayor Suarez: Yes.
Commissioner Alonso: ...and we will do so in the future, but I think we
should continue with it.
Commissioner De Yurre: OK. Well, I move that we continue it then.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 91-63
A MOTION OF THE CITY OF MIAMI COMMISSION AUTHORIZING
AND DIRECTING THE CITY MANAGER TO CONTINUE THE
COMMISSION AWARENESS PROGRAM.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J. L. Plummer, Jr.
68. (Continued Discussion) ISSUE REVOCABLE PERMIT AS REQUESTED BY THE
FRIENDSHIP MISSIONARY BAPTIST CHURCH FOR USE OF PINE HIGHLANDS (CITY -
OWNED SITE) FOR RECREATIONAL AND PARKING PURPOSES (with provisos) (See
label 59).
Mayor Suarez: Item 60. And then we'll go back to Missionary Baptist Church,
right?
Commissioner De Yurre: We're going to 60 now?
Mayor Suarez: Counselor, are you ready on Missionary?
Mr. James Pilaflan: Yes, we're ready. Yes.
Mayor Suarez: All right, let's do that then quickly, and then we'll go to
sixty.
214 January 10, 1991
A
•
n
Commissioner De Yurre:
around....
You got to be quick, guys. You know, you sit
Mr. Pilaflan: Mr. Mayor and Commissioners, we're not going to ask for any
money. As a matter of fact, we want to take a headache away from the City of
Miami. There's a lot almost adjoining the Friendship Missionary Baptist
Church which is an eyesore, and the Friendship Missionary Baptist Church wants
to take it to be able to add it other properties that they own over there, so
that they can develop it to make housing and facilities for the children to
play basketball. At not one penny expense to the City. We would like to have
this one lot, which is...
Mayor Suarez: It's owned by the City?
Commissioner De Yurre: Do you have a sketch or something that we could look
at?
Mr. Pilaflan: Yes.
Commissioner Alonso: One or two lots? Two lots?
Commissioner De Yurre: There's nothing here.
Commissioner Dawkins: One they are purchasing, and the other one we ,
the City own.
Commissioner Alonso: We own, OK.
Commissioner De Yurre: Show us what you got.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: I missed who owns the property.
Commissioner De Yurre: What is being used... What is that property being used
for? Herb, do you know what the property is being used for? -anything at all?
Mr. Herb Bailey: Sorry, Commissioner, I wasn't keeping... what's the
location?
Mr. Pilaflan: This lot...
Commissioner De Yurre: It's a vacant lot at this point in time.
Mr. Pilaflan: That's right. It's an overgrown lot.
Commissioner De Yurre: Overgrown lot.
Mayor Suarez: I'm sorry, counselor, we own it? We certainly can... if we're
not using it for any particular purpose, we can certainly enter into a use
permit for your indeterminate infinite or finite period of time, to be used by
you. We've done that before. Without having to deed it over which I don't
know if that would create problems. I think we may have to go to competitive
bidding if we wanted to deed it.
Commissioner De Yurre: Well, I think maybe we can lease it for a dollar a
year or something like that.
Mayor Suarez: Right.
Mr. Jorge Fernandez: No...
Mayor Suarez: I think we do it by revocable use permit though.
Mr. Fernandez: Correct. That would be if, at all, the way to do it, however,
with the understanding that any structures that may be erected therein or any
improvements belong to the City of Miami.
Commissioner Dawkins: No, no, no, no, no. If any structure... when you
talked with me, you say you need the lot for parking. Is that what you told
me?
215
January 10, 1991
Mr. Pilaflan: We need the lot for parking. Well, the pastor will explain it
to you.
Mayor Suarez: Reverend.
Reverend Dale Powell: My name is Dale Powell. I reside at 14536 N.W. 13th
Avenue, Miami, Florida. I'm the pastor of Friendship Missionary Baptist
Church and if it's OK, I would like to identify the fact that we do have a
portion of our members here. I'd like for all of them to stand, please,
because they took out of their time to come to be here with our lawyer and
myself on this one issue, to let you know how serious it is to us, and how
much it means to us. Thank you. And, of course, they are just representative
of our congregation. I have been there for five and a half years and I'll
make this as short as possible. In the five and a half years that I've been
there, this land - of course, I showed you the pictures of it. What we have
done is we have purchased the lot that is adjoining to it. We want to, number
one, develop it for parking, that is primary, lighted parking. But in
conjunction with that, we don't plan to put the bumpers out there so that we
can line it, and also be a double usage, i.e., basketball and possibly tennis.
And whenever you do something like that in the area in which our church is in,
It becomes an automatic outreach to the community. This area is something
that has become, not only an eyesore, but is a very dangerous spot. For I,
myself, have personally confronted people who have - and my secretary is here,
Sister Carr, raise your hand - she's our church secretary. I have personally
confronted people who have gone into a furniture store on 7th Avenue and
carried it into this area and had it there. It has become a safe haven for
crime.
Commissioner De Yurre: Reverend...
Mr. Powell: Yes.
Commissioner De Yurre: ...let me cut you short, because we're with you on the
concept. The thing is, how do we go about it?
Mr. Powell: OK.
Commissioner De Yurre: Cesar...
Commissioner Dawkins: The only way we can do it is by revocable permit, and
that they use it for parking, recreational purposes, but it would always
remain the property of the City of Miami. And if you ever decide to put a
structure on it, it reverts back to the City.
Mayor Suarez: But, what we should add that we have at least two of that kind
of an instrument, counselor, where structures have been put on the property,
and the continued agreement of the City on a year-to-year basis, on a month -
to -month basis, whatever they typically are, has been enough for the people to
go ahead and get state funds to put things on there, because we understand
that this would be for a public use, for something that you would help to
maintain the property. It would inure to the benefit of your congregation in
a special way, obviously, because you're right next door, but, the community
as a whole. And it's never created a problem with much more expensive and
durable structures than the ones you're talking about. So I don't imagine
that it would create a problem in this case, because the Commission could
always change its mind, I suppose. We could do all kinds of crazy things, but
we're not likely to do that, and in the meantime, you're able to, as long as
you don't, you know, build a structure there that - well, you have to get our
approval first of all - but if you don't build a structure that's worth an
incredible amount of money or anything like that, because that is risky. But
for the kinds of uses that you're talking about, I can almost guarantee you
that would never create any problem. Certainly as long as the five of us are
here, and probably our successors too would feel the same way. So, it's a
strange instrument, counselor. It's not what you're used to dealing with, but
it's worked pretty well in the past.
Mr. Fernandez: The alternative to that would be that the City could, in fact,
sell the land to them, but it has to be through a process of bidding. If at
least three bidders don't respond, then it has to go on the next ballot that
the City has.
Mr. Powell: No.
216 January 10, 1991
Commissioner Dawkins: Mr. City Attorney...
Mr. Fernandez: Yes.
Commissioner Dawkins: Mr. City Attorney, Mr. City Attorney.
Commissioner De Yurre: That's only waterfront property.
Commissioner Dawkins: Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Commissioner Dawkins: This Commission, five of us up here, are saying to you,
make this land available to these people. Now, that's what the five of us are
saying.
Mr. Fernandez: All right.
Commissioner Dawkins: To make it available, and tell me how in the hell to do
it. Don't tell me about what we can't do. Now, you come back and tell me
what it is we have to do to make this land available to these people - and I'm
doing the same thing I told them not to do - to these parishioners, so that
they can use it instead of having it as an eyesore, having it as an overgrown
lot. They're asking us to let them upkeep our property. That's all he asking
US.
Mr. Fernandez: All right.
NOTE FOR THE RECORD: Vice Mayor Plummer entered the
meeting at 7:14 p.m.
Commissioner Dawkins: So, let go. Is that the consensus of this
Commission? -that we make this land available to them?
Commissioner Alonso: Of course.
Commissioner Dawkins: OK, so do that.
Mayor Suarez: All right, in the...
Commissioner Dawkins: And bring it back at the next Commission Meeting and
tell me how we did it.
Mayor Suarez: You could...
Vice Mayor Plummer: Well, excuse me, let me just make sure of one thing.
It's nice to give the land.
Commissioner Dawkins: We didn't give it.
Vice Mayor Plummer: When we do give it.
Commissioner Dawkins: We made it available.
Vice Mayor Plummer: OK. In other words, we're not going to be deeding it to
them.
Mayor Suarez: Revocable use permit.
Vice Mayor Plummer: OK. That's fine. That's fine.
Mayor Suarez: Most likely. If that's what the City Attorney advises, which I
have a feeling that's what he's going to advise.
Mr. Fernandez: Yes.
Mayor Suarez: Thank you. And, when can we finalize it?
217 January 10, 1991
Mr. Fernandez:
The first meeting in February.
Mayor Suarez:
All right.
Mr. Fernandez:
If their attorney would meet with us, we're ready to
go.
Mayor Suarez:
We're happy to have you all back, Reverend, at that
time, but
there's no need
to probably, so you might want to...
Commissioner Dawkins:
We don't need anybody back, because this is done.
Mayor Suarez:
OK.
Mr. Fernandez:
Yes, you can approve it in principle.
Commissioner Dawkins: You work with him, and, OK, and it's done.
Don't you
all come... you
all don't got to come back here no more.
Mayor Suarez:
You don't need to come back. You're welcome to come
back.
Mr. Powell: That's
it. Thank you.
(APPLAUSE)
Mr. Fernandez:
I would need a resolution then.
Mayor Suarez: Make that in the form of a motion.
Commissioner Dawkins: So move.
Commissioner De Yurre: Move it. Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-64
A RESOLUTION APPROVING THE USE OF CITY -OWNED PROPERTY
LEGALLY DESCRIBED AS LOT 7, BLOCK 1, PINE HIGHLANDS
SUBDIVISION, COMMONLY DESCRIBED AS 779 NORTHWEST 57TH
STREET, MIAMI, FLORIDA, BY THE FRIENDSHIP MISSIONARY
BAPTIST CHURCH, INC., FOR THE PURPOSE OF PROVIDING
PARKING FOR AREA RESIDENTS AND FOR ITS USE BY AREA
RESIDENTS FOR RECREATIONAL PURPOSES; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE
PERMIT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
THE USE OF LOT 7, BLOCK 1, PINE HIGHLANDS SUBDIVISION,
COMMONLY DESCRIBED AS 779 NORTHWEST 57TH STREET,
MIAMI, FLORIDA, FOR THE AFOREMENTIONED PURPOSE;
FURTHER STIPULATING THAT ANY AND ALL STRUCTURES AND/OR
IMPROVEMENTS ON THE SITE SHALL BECOME THE PROPERTY OF
THE CITY IMMEDIATELY UPON THEIR COMPLETION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
218 January 10, 1991
. ._._ ...
Commissioner De Yurre: See, the Reverend knew that if you talked basketball,
the Mayor would be voting for it automatically. So now, he's got a...
Mr. Powell: And I won't...
Commissioner De Yurre: ...new hangout.
Mayor Suarez: No, Friendship is the church that I've been familiar with for
many years.
Mr. Powell: Yes.
Mayor Suarez: That was the magical word.
Mr. Powell: I'd like to, when we do develop it, I would like to invite you to
a personal one-on-one. OK.
Mayor Suarez: What are the stakes?
Mr. Powell: No stakes.
Mayor Suarez: You look awfully young and healthy, Reverend.
Mr. Powell: Thank you so much.
Commissioner De Yurre: Sure thing.
69. (A) DISCUSSION CONCERNING PROPOSAL TO BUILD LOCATE A PERFORMING ARTS
CENTER IN BICENTENNIAL PARK, SOUTH SIDE OF FEC PROPERTY.
(B) DISCUSSION CONCERNING THE SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PLAN AND OVERTOWN.
(C) DISCUSSION CONCERNING REQUEST FOR ASSISTANCE CONCERNING THE
OVERTOWN HISTORIC FOLK VILLAGE LYRIC THEATER.
Mayor Suarez: Item 60.
Mr. George F. Knox: You want to introduce this?
Commissioner De Yurre: You're on.
Vice Mayor Plummer: Is this the last item?
Commissioner Alonso: Yes.
Mayor Suarez: I know that George, I think there is at least one other clean
up item that we have to get back to, yes, - on the youth. I know that we have
out in the audience, former Commissioner Athalie Range, I think she is here on
this, right, George?
Mr. Knox: Yes.
Mayor Suarez: And I am remiss on not having recognized her. I guess we are
kind of used to having Athalie Range around here, so it isn't anything
noteworthy anymore. Is she still going to be part of the presentation?
Mr. Knox: Jackie, did she leave yet?
Unidentified Speaker: Who?
Mr. Knox: Miss Range?
Mayor Suarez: And Dotty Fields is here on behalf of the archives, and
presumably you will let us know the other CBO's or agencies, or groups that
are here.
Mr. Knox: Yes, sir. Thank you, Mr. Mayor, and members of the Commission. As
we indicated earlier... for the record, my name is George F. Knox, I am a
citizen and resident of the City of Miami, residing at 2725 SW 22nd Avenue,
219 January 10, 1991
and we are specifically here as to this item to ask you to please consider
allowing the alternative of locating the Performing Arts Center within
Bicentennial Park, specifically at the FEC site. I would ask you to please
indulge us for one second. Mr. Rich Heisenbottle is the president of the
Miami Chapter of the American Institute of Architects. He has another
engagement in a very few minutes; he asked that he be asked to make a
presentation, and if you don't mind, we would ask him to make his brief
presentation, and then I would proceed with mine.
Mr. Rich Heisenbottle: Mr. Mayor and Commissioners, my name is Rich
Heisenbottle, I am president of the Miami Chapter of the American Institutes
of Architects, and resident of the City of Miami. On behalf of the board of
directors of the Miami Chapter of the American Insitute of Architets, I am
here to express our support for offering the Bicentennial Park site and the
FEC property to the Performing Arts Trust, as a possible site location for the
new Performing Arts Center.
Mayor Suarez: Why do you say, and, instead of or, when you are talking
about...
Mr. Heisenbottle: And/or.
Mayor Suarez: OK.
Mr. Heisenbottle: The site selection process is perhaps the single most
important decision that can be made, because this will affect our fair City
for over the next hundred years. As such, we must use our responsibility and
realize that we have to analyze every possible option. We must view the
Performing Arts Center as a chess piece in the redevelopment of downtown
Miami, and give it a most fitting home. Bicentennial Park, or any waterfront
location, would give it a most fitting home and, at the same time, allow the
center to achieve its full potential. Similarly, in this location it could
act as a catalyst for the redevelopment of Park/West Overtown. As such, we
urge you to offer the site for further study. Thank you.
Mayor Suarez: Thank you.
Mr. Knox: Thank you, sir. Mr. Mayor, and members of the Commission, our
singular objective is to urge the City Commission to advise the public that
there has been an adjustment in your policy regarding the consideration of the
Bicentennial Park for the Performing Arts Center. Your downtown Master Plan
has indicated without too much equivocation that in terms of being a catalyst,
or a magnet to attract significant five-star development along the boulevard,
it's almost necessary to locate a facility such as the Performing Arts Center,
somewhere in the corridor between 2nd and llth Streets. Now, that Master Plan
also indicates that as of the time of its publication...
Mayor Suarez: Second and eleventh streets on the west side of the boulevard,
though.
Mr. Knox. Yes, sir. At the time of publication...
Mayor Suarez: Now, you are talking about the east side of the boulevard.
Mr. Knox: No. The east side is the park and those things that are necessary
for the successful operation of the park, and the west side is where we are
talking about, significant private sector development inspired by the park and
those activities that make the park successful.
Commissioner Dawkins: Are you talking about putting it west of Biscayne
Bouleard, or east of Biscayne?
Mr. Knox: We are talking about east of Biscayne Boulevard...
Commissioner Dawkins: That's what I thought.
Mr. Knox: ... on the southern end of Bicentennial Park, at the FEC tract. I
don't think there is any question... Mr. Heisenbottle talked about style, and
character, and class, and a signature for this community, and a glittering
structure on the waterfront. In addition to that, there is a serious plan in
consideration. Your planning department has said that, in order to ensure,
not only the vitality of Overtown, but the vitality of downtown itself, it is
220 January 10, 1991
necessary to have what it called a necklace of activity centers surrounding
downtown, in some kind of continuity between downtown and the Omni Venetia
area. And the fact is, and we can be blunt about it, if we lose the
opportunity to do this with the Performing Arts Center, then there is
virtually no incentive in the private sector to develop quality construction,
and development on the west side of the boulevard, and you know also that the
Overtown Park/West tax increment district depends on development in order to
generate the revenues that will make that program successful. So we are
asking simply, not that any decision be made about it on a definitive basis,
because the ultimate decision will be made after a great deal of analysis,
public debate, the resolution of policy questions, and the resolution even of
contractural obligations associated with the property. All we are asking is,
as Mrs. Collins said when she spoke on behalf of the Culture and Recreation
Committe of the Metro Commission, let us please advise the public that in
consideration of the question of a site for the Performing Arts Center, in
light of the fact that no site has been decided upon, please indicate that the
FEC property would be available, all things being equal, in a site selection
process. That's as narrow as we can possibly be.
Mayor Suarez: What you are suggesting is kind of like, the process we have
followed up to now in major league baseball, which is to say, even though, we
have a preferred site, or even though another site right now let's say, in the
case of the Heisenger franchise, it is going to be likely not to be the one
that we would prefer, these other ones are available in case you wanted to
come over to our side of the... you know, to one of our other sites that are
available, right?
Mr. Knox: Mr. Mayor, that's a very fair analogy, because...
Mayor Suarez: Sort of a... it's sort of a two track process for you. You
don't try to derail the existing train, but you say that there is another site
available in case they should so choose. Going back in time, George, I think
you remember that there was a motion made in this Commission a couple of years
ago, when the Performing Arts Center issue was being discussed, and at the
time when it looked like it was going to be heading towards South Miami Beach,
when a motion of that sort was made here. I don't think it ever reached...
the debate ever reached closure, because I don't think that we ever had the
votes for it, or if it did, it may not have passed on Bicentennial Park. FEC,
if we were convinced that there were no bonding problems, and with that
precondition only, I, for myself, would have no problem saying that as a
resolution of principle, that would be certainly available. It would be a
marvelous site, I think from the architectural standpoint. It might even be
includable on the Overtown Park/West tax increment district, as you are
proposing, it might actually produce something for it. I don't have the high
hopes for that that you do. We have discussed previously the fact that that
entity is liable to end up being a non -tax paying entity, whatever ends up
owning that facility. The fact that it would be on public land would probably
add to the chances that it wouldn't be producing real estate taxes, if an
improvement was built on it, particularly of the kind that we are talking
about. But you know, the site right now, I mean, we are talking about the FEC
for a moment site, is such an eyesore, that almost anything would be an
improvement, and particularly when we paid twenty-three million dollars
($23,000,000) to acquire it. And anything that would make people use the rest
of it, because it wouldn't take up the entire site, I don't think, although it
would take up a percentage of it I suppose, a heafty percentage of that site.
Mr. Knox: Well somewhere around five acres is what the people who have
examined it from a design standpoint, have indicated.
Mayor Suarez: And Bicentennial would still remain a good chunk of that
particular property, which is large, it would still be available for open
space, and park land, and so on.
Commissioner Dawkins: Well I've...
Commissioner De Yurre: To have an idea, the FEC property is approximately
twenty-five acres, and the Bicentennial Park is thirty acres.
Mayor Suarez: Right.
Commissioner De Yurre: So, you are only talking about twenty percent of the
FEC.
221 January 10, 1991
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I've said from day one, and I am going to say now. You
are talking about enhancing Overtown Park/West, then you talk to me. You are
talking about developing west of Biscayne Boulevard. On this Commission, I
will not vote to put anything... me, east of Biscayne Boulevard, I don't care
what it is. That's open space, and it should be there, and I just do not see
us putting up any structure to hide the beauty of the bay, I don't care what
it is.
Vice Mayor Plummer: Mr. Mayor, I have expressed the same sentiments in the
past, I will in the future. We paid an awful big price for that piece of
property. It's unfortunate that we don't have the money to develop. The
thoughts that run through my mind as I spoke with George earlier in the week,
I would in fact, consider something west of the boulevard, that could go in or
near the Arena as he speaks of the necklace that could in fact be a string
from downtown to the Omni district. The area of concern that I have, if in
fact, what I have been told is correct, is it the site that is presently
offered, and is presently the site that everyone generally accepts, is in fact
adequate? It is without cost to the taxpayers, and I understand that the last
of the so-called provisions, or restrictions, or reverters have been worked
out. So I have to question, even though I would not have any question of
going into the Overtown area for redevelopment purposes of being a spark plug,
why would we take property that we have paid millions of dollars for when we
have a piece of property which has been offered free... not us, but the
trust... has been offered free of charge with no strings attached, it is
adequate, it is at the Metromover. So I see the opportunity of having two
winners instead of one. Put the Performing Arts where it is proposed, and
still leaves more land in the Overtown, because you are only talking two block
away. George, I have to disagree with you, to this extent, that if you did
have the Performing Arts there on the site that is selected, and downtown, I
think the day is going to come, and I think it is going to come sooner than we
think, that the people that are going to be working in the downtown area are
going to develop, not as developers, but they are going to make developers
come with housing in the downtown area, where they will be able to avail
themselves of the amenities that are being proffered in that particular area.
The other area that has not been discussed, and maybe the Mayor touched upon
the area, it is my understanding as presently constituted, that the Omni Tax
Incentive District is not down to Bicentennial Park, and those dollars could
not be used under the present conditions. Doesn't mean that it couldn't be
changed, but in fact, it is a potential situation. Here again, my bottom line
that I always bring up and put in as a proviso, this City is rapidly having to
worry about revenue. Revenue is becoming more critical in this community
everyday. Every house that we built, it's government housing, every school,
everything that we are putting forth and want into this community is not
paying ad valorem taxation. I think that what we are looking at in a
Performing Arts, it will be a County or an authority kind of trust operation,
it will not pay ad valorem taxation. It shouldn't, I agree with that, but I
think that the more that you continue to put in the downtown that is not non-
recurring tax revenue, further involves this City having to look for other
alternative taxation to provide the minimum, even the minimum, of the services
that the people of this community expect. So all I am saying to you is, at
this point, I would consider going west of the boulevard, in and around the
area of Omni, I would not under any circumstances consider east of the
boulevard for any kind of structure.
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: Mr. Mayor, first of all, I believe in what George is
proposing, but not only for the reasons that he is proposing it, but for other
reasons too. Firstly, we talk about maintaining a view of the bay. Unless
you are on the tenth floor, the fifth, or the third floor of a building across
the street, you can't see the Bay from Biscayne Boulevard, that's number one.
Secondly, we are talking about up to five acres of twenty-five acres of the
FEC property which is twenty percent of the total land. We are talking
about... and here is what I would like to see is, if we are going to offer
land, it would be up front on the boulevard, not towards the back where it
would take up the space and the access to the waterway. If that could be
turned into a park -like setting behind the Performing Arts Center. The fact,
222 January 10, 1991
and it is my belief that the end result would be, that whatever gets built for
the one hundred and sixty million dollars ($160,000,000) would not be taxable,
just like the Arena is not taxable, so I am not looking at that as a source of
additional taxes. However, when we are looking at a hundred and sixty million
dollar ($160,000,000) investment in our community for a Performing Arts
Center, a Performing Arts Center that is needed in the whole scheme of making
Miami the great City that it is destined to be, just like, New York, and
Boston, and all these different big time cities that do have all these
different things. They have the baseball, they have the sports facilities,
they have the performing arts facilities, so on and so forth. That is needed.
But when you're talking about a hundred and sixty million dollars
($160,000,000) investment, then we also have to see the flip side of it, and
we have today... we have gone from performing arts, which a lot may say it's
an elitist concept to Overtown, Liberty City issues, which are at the other
end of the spectrum. And I believe that if we can structure the impact that
the Performing Arts Center is projected to have, if it were to be placed at
the FEC property, as far as the redevelopment that would be created towards
the Arena in that quarter, in all that sector, and use that tax increment
money for the redevelopment of Overtown, north of 8th Street, not south of it,
but north of 8th Street, bringing in the much needed dollars for economic
development, for housing, then not only do those that would be attending the
Performing Arts Center benefit from it, not only would the whole community...
that community benefit from it, but also the other end of the spectrum would
benefit from that facility. You know, we are looking at all the issues that
we face today dealing with Overtown particularly, and when we see not only
what the hundred and sixty million dollars ($160,000,000) that would cost, but
we know very well that it is going to cost in the millions to maintain that
facility. It is difficult to look these people in the face and tell them,
listen, there is no money when we know, and it's not the City that's going to
be paying for it, but government in general is going to be making a commitment
of having to subsidise a center that is going to be in the millions of
dollars, and it is difficult to tell these people, say, there is no money,
when they can very well see that for other things, there is money available.
I think that when somebody in this community, whether it's Overtown, or
Liberty City, or East Little Havana, if they have the mentality that we are
being left out, especially when they would drive by a Performing Arts Center
of that magnititude, if they see that structure there, they can also see that
they are benefitting from it. In the Overtown area, if we restructure the
district that we have as far as tax increment for that area, and include north
of 8th Street, the Overtown area, and we target these monies for redevelopment
in that sector, then everybody wins in this community, and that is why you
know, I am a believer of this concept, I don't believe that giving up five of
the twenty-five acres on the FEC property that is not being used at all, that
is not projected to be used at all, because we don't have the monies for it,
that it's going to affect this community in any great degree. I think there
are a lot of benefits to be gained from it, and I am in support of that.
Vice Mayor Plumner: Mr. Mayor, I can't let the record go by, and you know, I
think it's really nice to think about a Performing Arts, and George, this is
not speaking to your issue. The best that I have been able to find out at
this particular point, and I have asked almost everyplace there is to ask, how
much is it going to cost for operation of the Performing Arts. And the best
answers that I can come up with, because these structures are never designed
to make money...
Mayor Suarez: They always lose some money.
Vice Mayor Plummer:...that this structure as proposed, will require between
eight and ten million dollars of subsidy of year. You know, I've yet to hear
anybody in the political arm, or in the community, how, as Victor says, when
we have to stare people in he face and say, I am sorry, we can't provide
meals. When we are thirty-seven million dollars ($37,000,000) short at
Jackson Hopital of their basic needs, when we are looking, if what we hear is
true, that in the County, that next year their shortfall is not going to be
forty-seven or fifty million dollars, it's going to be near a billion dollars.
We are looking at the new extention of the Metromovers that is going to
require according to their own testimony before this Commission, two to three
million dollars more subsidy. That's over the rapid transit, the buses, and
the Peoplemover today, that over revenue require a hundred million dollars
($100,000,000) of subsidy. I am just wondering, has anybody given any
consideration to say, hey, let's build what we can afford. How do you set
priorities, when you?...
223 January 10, 1991
Mayor Suarez: Well, to the extent...
Vice Mayor Plummer: I'd like... please... Mr...
Mayor Suarez: Yes, to the extent J.L., that there is any indication that
anyone here in this City would have to foot any of that operating deficit, I
guarantee you that the vote is unanimous, no way, so, I mean if...
Vice Mayor Plummer: Mr. Mayor, that's a partial statement, but let's remember
that every taxpayer in the City of Miami pays thirty cents of every dollar
that Metropolitan Dade County collects in ad valorem taxes.
Commissioner Alonso: Yes.
Mayor Suarez: That also goes for Dade County.
Vice Mayor Plummer: OK.
Mayor Suarez: I don't think they are foolish enough to get into that with
the expectation of having to pump in the figure you are talking about on a
yearly basis.
Vice Mayor Plummer: But I have to wonder, where is the thinking?
Mayor Suarez: Well, right...
Vice Mayor Plummer: They are desperately now, and I say desperately, when
they are talking about going to the voters again for another sales tax
referendum.
Mayor Suarez: I don't think anybody has that in mind.
Vice Mayor Plummer: Well, I'm think... I'm sorry, they do.
Commissioner Alonso: They do.
Mayor Suarez: Oh, I'm sorry, I take that back. My counterpart has suggested
that, yes.
Vice Mayor Plummer: OK? - and I am saying that here we are talking about
where we can't even take care of the sick people in this community, that the
money is not there.
Mayor Suarez: In any event, I don't think anybody is expecting government to
foot that, and if they are, they are going to have a tough time with the
voters on that.
Vice Mayor Plummer: Well, Mr. Mayor, no one has demonstrated to me at this
point that government... where else is the subsidy going to come from?
Mayor Suarez: Well, if the land to be used, and the funds to be used...
Commissioner De Yurre: It's about three million dollars ($3,000,000), the
subsidy.
Mayor Suarez: ... are not coming from us, they probably will never have to
demonstrate it to you. This particular... because we have nothing to do with
it, except maybe a street closing, or something they might need up there,
which I hope that this Commission would grant on whatever the equitable basis
is, so that they can build a hundred and sixty million dollars ($160,000,000)
worth of construction on our side of the bay as opposed to going to the other
side of the bay which wouldn't be bad, but not as nice as our side of the bay.
The issue...
Vice Mayor Plummer: South of 79th Street, of course.
Mayor Suarez: Yes. The issue is, you know, on FEC tract which really is a
eyesore, I had not heard the argument as presented by Commissioner De Yurre
today, I was thinking you were going to focus on Bicentennial, and I have
voted previously, favorable to Bicentennial too. I wouldn't want to derail
the project to be built... and let me point out on tax increment districts, I
224 January 10, 1991
was just asking Herb about that, that the two existing tax increment districts
that we have in the City, Southeast Overtown Park/West, everyday it gets
longer, and the Omni district, just about touch, so if there was any... at the
corners there, and I think they are divided by...
Mr. Herb Bailey: Three ninety-five.
Mayor Suarez: Yes, three ninety-five, and the boulevard itself, I guess,
otherwise they would touch, or maybe just three ninety-five, I guess. If we
wanted to make a joinder, George, that would allow tax increment funds to flow
from an area where this facility is located to Overtown Park/West, that would
be just as easy a place to do it. In fact, I would... I don't want to
contradict my fellow Commissioner in the analysis of the necklace and all of
that, except that if you are talking about areas that have more in common, you
are really talking about those two areas on the north/south direction having
more in common than on an east/west. Once you cross the boulevard, you are
into what a lot of people would like to have, including two of the
Commissioners here have already expressed, as open park land, and not really
in any particular sense, considered part of Overtown or anything like that,
but...
Commissioner Dawkins: See, I beg to differ, I can't let you get away with
that.
Mayor Suarez: I thought I was echoing your feelings on this by saying that.
Vice Mayor Plummer: You woke him up.
Commissioner Dawkins: You are saying that I didn't want it, a part of
Overtown...
Mayor Suarez: That people don't consider it to be part of Overtown, people
that... anyhow...
Commissioner Dawkins: Or, OK.
Mayor Suarez: Right. So that would be another way to join it, I'd have no
problem joining it if it was down at the the FEC tract. In fact, for myself,
every single site that has ever been proposed for a Performing Arts Center, I
have supported. You know why? - for the reason that is evident to all of us.
The only chance we are ever going to actually build this thing, is if we be
supportive of anything that makes sense, any location that makes sense. The
latest one I hear is fairly advanced, I wouldn't want to derail it, but if
Commissioner De Yurre wants to make a motion on the FEC tract, and of course
understanding that we do have the legal interpretation of the bond issue that
was used to acquire that park, in which had incredible legal ramifications,
and battles, and so on, I'd have no problems voting favorably just to say that
as a matter of preference or as a mater of availablility would be available,
George, I am not sure that it has any more impact on Overtown Park/West than
at the Omni site. In fact, maybe even more in the other direction than in the
east/west direction, north/south and east/west. But I would vote favorably to
that just because I do want to make sure that it's available. I'd hope that
the message would not be taken back on the site that is presently being
considered by the Night Rider, owned by Knight Ridder, that somehow, you know,
that effort should be derailed, although I have the same concernes that
Commissioner... Vice Mayor Plummer has expressed, that the operating aspects
of that facility be considered and not be thrown back to government in some
way or another, City or County, because we do pay County taxes, we live in the
City. So that's basically where I stand, and if the Commissioner wanted to
move it that way, I would vote favorably, keeping in mind, that the other side
is also acceptable to me and may be fairly advanced in planning and so on, and
I'd just as soon see the facility built than bicker about sites.
Mr. Knox: Can I close Mr. Mayor, before you...?
Mayor Suarez: Yes.
Mr. Knox: All right, and I'll be brief. The fundimental question here I
think, on the one hand is, that of what we have come to call, building for
greatness. The reality is that there are a large number of people in this
community, including those people associated with the New World Symphony, and
the fund raising, the private sector fund raising effort that would love an
225 January 10, 1991
0- 0
opportunity, to look at the park as a site for a waterfront facility, and I
dare say that there would be significant increases in the amount of the
private sector contribution towards creating something that would be a
monument to our generation, if you will. The second thing is, that I can give
you a virtual guarantee. If there is serious consideration for the FEC tract
for a facility of this kind, you will find that developers will fall over
themselves in an effort to build five star properties on the west side of the
boulevard. And to the same extent that the Commission was able to fashion
those kinds of programs and processes on Claughton Island, that would benefit
Overtown, even from Claughton Island, the same would be true for those
developments on the west side of the boulevard, they could be required or
expected to make contributions toward Overtown, north of 8th Street, on
whatever configuration might be appropriate to earmark those increases in
property value that would result...
Mayor Suarez: George, with all due respect, this is not what I thought item
60 was. We have discussed this now at length, I hope that we hear from the
community groups on what I thought item 60 was, which is a discussion of where
we were going with southeast Overtown Park/West Phase II funding. We've
delved into this in the morning, now again in the afternoon, I think Herb is
going to want to say something from our planning standpoint, and we have to
bring this to a vote. I think all of us have considered the Performing Arts
Center in all its ramifications and consequences, and it's time to get to the
other nitty gritty issues of Southeast Overtown Park/West, Herb.
Mr. Herb Bailey: I'll make it quick, Mayor, I think what has to be said for
your edification is that, the reason it is being considered as an extention of
the tax increment district, is for primarily the same reason that we have the
tax increment district in Omni. That it is envisioned that some monies can be
generated to help pay for some of the infrastructure cost. I would just like
to say that, regardless of whether it is a tax increment district extention,
anything you build on the FEC site is going to create value within five
blocks. I also would like to say for the record that tax increment monies do
not come upfront. They come sometime after, and quite a few years after. The
one in the Omni, because of the capture of the Venetia has more immediate
funds available if the taxes have been paid and it doesn't matter whether they
paid or not, it is still there. The problem with the Omni is that the County
has not completed all of the legislation to make Omni a tax increment
district, one that can work, because they have not approved the interlocal
agreement. So we don't really...
Mayor Suarez: That's still pending, Herb?
Mr. Bailey: It's still pending, so we still...
Mayor Suarez: The interlocal agreement has not been approved by the County?
Mr. Bailey: It has not gone before...
Mayor Suarez: Has it been reported from Finance to the County Commission, as
a whole?
Mr. Bailey: Yes, sir. The last time I was at the County Commission, we were
assured that it would leave the Finance Committee and would go to the full
Commission. That has not happened. So we really only have one tax increment
district that is operational. The FEC concept which was discussed, is one
that's doable depending on what your decision is, but I would just want to
inform you...
Vice Mayor Plummer: You know what they are doing, they are holding us
hostage. You know that.
Mayor Suarez: What they hope to accomplish with that?
Mr. Bailey:... if you think that funds will be available immediately, from tax
increment to help pay for infrastructure, that is not the case.
Mayor Suarez: All right, you have revealed something quite interesting to me.
Anyhow, you want to frame a motion on it, so...
Commissioner De Yurre: I'll make a motion, Mr. Mayor, and that is taking into
consideration the impact, again the social impact that this can have in the
226 January 10, 1991
Overtown area, not only economically, but spiritually, seeing that everybody
is a part, and everybody is benefiting from a structure of this magnitude, a
project of this magnitude, I feel that we should make available for further
study, a five acre area to the front of Biscayne Boulevard of the EEC
property. That will be my motion.
Mayor Suarez: It will be the southeast portion of the EEC tract.
Commissioner De Yurre: Yes.
Vice Mayor Plummer: That would be up toward the Causeway.
Mayor Suarez: Right. So moved. Do we have a second on the motion? Do we
have a second on the motion? Before we do it three times, I may as well
second it. Mr. Vice Mayor, would you call the vote on it.
Commissioner Dawkins: Under discussion.
Vice Mayor Plummer: Motion on the floor. Under discussion, Commissioner
Dawkins.
Commissioner Dawkins: Now? I keep hearing up here that the development would
benefit Overtown. You have the Arena, and that which I call Overtown, 2nd
Avenue and 3rd Avenue, has not benefited. I don't care, you just keep saying
that you are doing things to enhance Overtown, but you are really and truly
enhancing yourselves. Now somebody, before this vote, I'd like for you to
tell me on this Commission, just how the construction of a Performing Arts
Center will benefit NW 2nd Avenue from 5th Street to lath Street? Are you on
the Commission?
Mr. Knox: I didn't do anything.
Commissioner Dawkins: OK, are you on the Commission? Will somebody on the
Commission explain that to me, please.
Commissioner De Yurre: The concept that I have in mind, is to create a tax
increment district if we have to reshape it, to reshape it, and to earmark
these funds directly into the particular area where we want the monies to be
invested.
Commissioner Dawkins: OK.
Commissioner De Yurre: If it's north of 8th Street, then we say, the money
that is generated will be invested north of 8th Street, to identify legally,
and make a commitment legally towards investing that money into a particular
area to be designated by the Commission.
Commissioner Dawkins: Invest, I mean, invest it how? - to acquire land, to
build businesses, to put people in business, to do how, how?
Commissioner De Yurre: To do exactly what a lot of people have been looking
for...
Commissioner Dawkins: What are they looking for?
Commissioner De Yurre: We can use it for developing housing, affordable
housing.
Commissioner Dawkins: Affordable housing. So therefore, I can look forward
to single family affordable housing being built from NW 2nd Avenue, back to
the Arena in that land that's in there, because we have tax increment
financing that will make these homes affordable? - I can look forward to that?
Commissioner De Yurre: You could look forward to whatever we can do with the
money that is generated. Whatever is in the best interest of that community.
Commissioner Dawkins: And if no money is generated?
Commissioner De Yurre: Well, money has to be generated. I mean, it's a given
fact the studies that I've been involved in, they are saying that the area...
by building the Performing Arts Center on the FEC property, it would spur
redevelopment a lot more rapidly than if it were to be built at the Omni area.
227 January 10, 1991
Commissioner Dawkins: Who has facts to determine that this will actually
happen? - that the economy would not go busted, that the Savings and Loans
fiasco will not happen, that the war in the Persian Gulf will not dry up
funds?
Commissioner De Yurre: Didn't you read the Enquirer with their predictions
for '91?
Commissioner Dawkins: That's what I am going by.
Commissioner De Yurre: Huh, where were you?
Commissioner Dawkins: I'm letting you know that none of this is going to
happen.
Vice Mayor Plummer: It wasn't in the Enquirer, he read the Farmers Almanac,
and that's a...
Commissioner Dawkins: You see, I just cannot, for the like of me, sit here
and allow us... allow me, OK, me period, to pretend that we are going to
develop that area that I am concerned about, by putting something on Biscayne
Boulevard. It is not going to work. And for your information, you were here,
when Claughton Island promised Father Gibson that they would put a hundred
units of low income housing on Claughton Island, OK? They promised Father
Gibson that in 1975. When I was here in 1985, they had not delivered.
Mr. Knox: You made it happen, Commissioner.
Commissioner Dawkins: No, I didn't make it happen. This Commission allowed
the developers, who should have been building fifteen million dollars
($15,000,000) worth of housing off the hook, for a lousy three million dollars
($3,000,000). You remembered that?
Mr. Knox: You won't let that happen next time, Commissioner.
Commissioner Dawkins: No, because I am not going to let you all build nothing
over there, you're right, you're dead right.
Mayor Suarez: OK.
Vice Mayor Plummer: Any further discussion? Hearing none, call the roll.
ON A MOTION MADE BY COMMISSIONER DE YURRE AND SECONDED BY MAYOR
SUAREZ, THE HEREINABOVE ABOVE MOTION FAILED BY THE FOLLOWING VOTE:
I
i
AYES: Commissioner Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso *
Vice Mayor J. L. Plummer, Jr. **
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
*Commissioner Alonso: No. And I vote no, because I don't consider the
Performing Arts Center a priority, and I would rather keep the City of Miami
out of it, at this time. I vote, no.
**Vice Mayor Plummer: I like a necklace, not a noose, I vote no.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: All right, now there are other items I thought we were going to
take up under item 60, if that's not the case, tell me right now, and we will
move on to...
,
Mr. Knox: Let me leave the microphone because I know other people have things
they want to talk to. Thank you for considering.
228 January 101991
Mayor Suarez: OK, George, although they may also affect Washington Heights in
some way or another. Is that the case, and do we want to hear from anybody on
that? OK, guess not. Dotty, you want to say anything on?...
Vice Mayor Plummer: Let's go home.
Commissioner Alonso: No, I have two things, please. Remember, Mayor, I have
two things.
Commissioner De Yurre: I've got one more, and then we can wrap up.
Mayor Suarez: Wait, wait.
Commissioner Dawkins: Wait a minute.
Mayor Suarez: Dr. Fields, yes.
Commissioner Dawkins: Pull the mike down, Mrs. Fields.
THE OVERTOWN HISTORIC FOLK VILLAGE LYRIC THEATRE
Ms. Dorothy Jenkins Fields: Dorothy Jenkins Fields, 5337 NW 29th Court. Mr.
Mayor and Commissioners, I am here really to say that the Overtown Historic
Folklife Village is very much on the move, we are working with the City of
Miami, and the County, and the State. Right now, our major project is the
Lyric Theater. We went to the Mayor some time ago, concerned about an entry
1 feature for the village, and have asked that consideration be given to helping
i' us erect an architectural feature that will in fact begin to encourage
visitors, and residents who are on 95, to come to the area. That was our
+ primary concern. At that meeting, we did talk about acquisition, and
restoration, and our policy is, our concern is, that acquisition and
restoration can work together. We do not see them, one being exclusive of the
other. We know that the City of Miami is acquiring property within the
village, and that's fine. We simply are concerned at this time, if it is at
all possible, and I know that funds are very low, in fact, they don't exist.
We have been able to get funds from the State because of the money available
from the Carlton Fund that is for historic properties, and so our concern...
Mayor Suarez: How far away are you on the Lyric Theater renovation as far as
obtaining all the funds that you need to complete that?
Ms. Fields: We have gone to the State for three hundred and fifty thousand
dollars ($350,000), we had asked originally for eight hundred thousand
($800,000). We need an additional five hundred thousand ($500,000) to
complete it, and that really is our anchor building.
Mayor Suarez: And that's not right now available.
Ms. Fields: What do you mean available?
Mayor Suarez: I mean, you don't have it.
Ms. Fields: Yes.
Mayor Suarez: You expect... you do expect?...
Ms. Fields: No, we own it. We own the building. We have requested that
three hundred and fifty thousand dollars ($350,000)... it has gone through a
screening committee with the State...
Mayor Suarez: You are talking about the legislature.
Ms. Fields:
The legislature... a
screening committee will
then recommend it
to the State,
not only the legislature,
but to the Governor.
And again, those
funds are available as a part of
the Carlton Trust, so we
expect to get it.
€;
We are number
13 on a list of 60,
and it's a high priority.
Mayor Suarez:
Oh, I see what you
are saying.
`
229
January 10 99
Ms. Fields: So that we expect to get that money, but it still is not enough
to complete. And so, what we were asking, in addition to the entry feature,
was more assistance in helping us identify other funds that are available for
historic preservation, so that restoration can keep up with the acquisition.
By no means were we asking for acquisition in the village to cease, and that
is a rumor that we have heard recently, and we are here to dispell that.
Commissioner Dawkins: Mr. Manager, and Ms. Fields. Mr. Manager, on this
sheet where I asked for evaluations, I asked what were your plans for
Overtown, north of 9th Street, and in it, you said that you had provided
funding for the physical rehabilitation of the historic Lyric Theater in the
amount of fifty thousand dollars ($50,000). What did that fifty thousand
dollars ($50,000) do, and where are we in acquiring that that's needed to
restore this building?
Mr. Odio: Well, we are short substantial funds there, Commissioner, and we
are waiting to see what would happen with Tallahassee.
Commissioner Dawkins: With who?
Mr. Odio: From Tallahassee, and the question of... let me see that.
Mr. Bailey: Acquisition?
Mr. Odio: Yes.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Dawkins: Say what, sir?
Mr. Odio: We do not have sufficient funds at the time to proceed for the
total renovation.
Commissioner Dawkins: All right, I asked you again what you are doing, and
you said, started land assembly for the Historic Village.
Mr. Odio: That we are doing.
Commissioner Dawkins: All right. How much have you acquired for the Historic
Village?
Mr. Odio: I believe, we... about four parcels, I believe. Six, I'm sorry.
Commissioner Dawkins: You required six parcels. How large are they?
Mr. Bailey: They are building lots, some of them had apartment buildings on
them. They are just individual parcels that we could acquire without having
to go through a relocation expense.
Vice Mayor Plummer: What percentage is that of what's needed?
Mr. Bailey: Oh, it's a lot.
Commissioner Dawkins: Now, as the Mayor had been saying, nothing has been
done. With the six parcels of land, what did the administration sit down with
the Black Archives and say, this is the first project we can do, second
project, third project, tell me what you have done?
Mr. Bailey: Let me answer that, Commissioner. We acquired the properties,
and it does not preclude the Black Archives or any other CBO, or any other
private person, once all the properties have been assembled, to bid on those
properties, and build them in accordance with the redevelopment plan that
talks about the Black Archives, and the architectural nature that they have
presented. We do not, and I have said it over and over again, we cannot with
the funds build the properties. When the properties have been assembled...
nor can we give the Black Archives, or have a historic village built, unless
we own the property, so we can dictate what goes on them. So our efforts with
the Black Archives... of course, they have presented a plan, and we have never
said that we were not going to bid it out to adhere to that architectural
recognition that they have suggested. The problem is, are we going to find
someone to make the investment to build the type of architectural design
that's going to represent a historic village. We hope we will, we will try
230 January 10, 1991
like we did everything else. But we do not get involved with the
construction. We never have, and the guidelines and the plans, does not do
that.
Commissioner Dawkins: Mr. Bailey, what you said, I mean, I guess I'll assume
it's logic, but we promised the people in that area that we would help develop
a historic village. We, I think, assembled the land for that, and somewhere
along the lines, we should have sat down with Mrs. Fields, and the Black
Archives, and told them, this is what can be done here, you go and find
somebody to do it.
Mr. Bailey: We have, we meet with them on a weekly basis. We have not
assembled the land, we are just in the process. We just finally got enough
money to...
Commissioner Dawkins: Well you just said that you've got six parcels.
Mr. Bailey: It's two blocks, it's two City blocks in the Black Archives,
between 8th and loth Street, 2nd and 3rd. That's for the Historic Village.
Commissioner Dawkins: But you won't be able to acquire... OK, see, this is
where I get lost.
Mr. Bailey: OK, let me help you.
Commissioner Dawkins: You've told me that we build the land in which to get
tax increment financing from that that's developed, and we've got five parcels
of land that you could put something on that would bring in more money to buy
more land, and we are not developing.
Mr. Bailey: No, no, no, that's not it, Commissioner.
Commissioner Dawkins: OK, well tell me what you are saying.
Mr. Bailey: I can refresh your memory. The money that we used before we went
to the bond sale, was the money that this Commission allocated, and I think
you made the motion, that we got seven hundred thousand dollars ($700,000) new
money from the State. And it was passed... seven hundred thousand ($700,000)
of monies that we got as an UMTA, (Urban Mass Transit Authority) federal
government from UMTA for a program... I asked for more money, and you
suggested that we use all that money in the Overtown area for the assembly of
land for the Historic Village. Well, seven hundred thousand dollars
($700,000) you know, it goes to buy maybe six or seven parcels. The
redevelopment plan, and we have indicated to you...
Mayor Suarez: But wait, wait, just to establish a comparison. Seven hundred
thousand dollars ($700,000) also completes, and more than completes the Lyric
Theater, so we have at least one complete component of historic preservation
in that area.
Mr. Bailey: No, no... no, no.. That was not what the Commission told us to
do, and I would like to just... if I could just finish.
Vice Mayor Plummer: Can't use these funds for that.
Mayor Suarez: Wait, wait wait, you can use the funds for that. Don't say you
can't use it. That... not only you can use it...
Mr. Bailey: I didn't say... I did not say you can't use the fund.
Mayor Suarez: He said you can't use it.
Vice Mayor Plummer: No, I said it. Didn't you say that we could not be the
developers?
Mr. Bailey: We are not the developers, no. We are not.
Mayor Suarez: And that's because other people keep saying it and the
Commission echoes that. You can, C-A-N use it, and not only you can use it,
it is part of the redevelopment plan definition ladies and gentlemen. If we,
as a Commission, decide that we'd rather acquire six new empty lots to hope
that we can assemble land, and hope that some bidder, private sector, and you
are allowed to bid...
231 January 10, 1991
• a�
Mr. Bailey: No, that's not it.
Mayor Suarez: ... that's great, you are allowed to bid, can come in and build
a historic village, if that's what you want to do with he money that we are
going to get from a tax increment bond sale, that's fine, vote for that, I'll
vote against it. However, if on the other hand, we want to start taking some
of the money from the bond sale and apply it to existing projects that are
almost complete, that are important to make this whole thing a reality, that's
what I'll vote for myself. And that means, as far as I am concerned,
completing the Lyric Theater, the quicker the better. Whatever we can get
from the State, let's complete it, and let's go to the next component,
whatever that may be, and let's go to the CBO's that are in the area, and
apply the money to the projects they have for us to support, not assemble more
land, Herb. I understand your philosophy, it is an interesting philosophy, it
may or may not work, but it is a long term philosophy, it doesn't get the
actual concrete improvements into the community quickly enough.
Mr. Bailey: It's not my philosophy, Mr. Mayor. And I have said this over and
over again, this is not my philosophy. It is what we have passed for the past
eight years. It is what this Commission has directed me to do over the past
eight years, and this Commission, directed us to take the additional money
from UMTA which could only be used to acquire land, to acquire the land for
the Historic Village. The Historic Village is two City blocks, it's not six
parcels of land.
Mayor Suarez: That's the theoretical Historic Village...
Mr. Bailey: That is not the theoretical, that is what the plan calls for.
Mayor Suarez: ... that is the one you hope some day to build. The reality
is, that what is being built out there is by, right now, by the Black
Archives, and that they need money to complete one component of it. The other
one is very nice if it happens, Herb, but...
Commissioner Dawkins: The Lyric Theater though, sir, is not in the Historic
Village. You know, somewhere along the line here, there has to be an
understanding. Now, if we do not assemble the land, it will not be there for
her to develop.
Mr. Bailey: That is correct.
Commissioner Dawkins: Now let me read to you what I have from the County.
A1's Corporation purchased a piece of property, 3-90, for twenty-one thousand
dollars ($21,000) in Overtown at 226 NW loth Street. Al's... they purchased
another piece of property on 4-90, fourth month, the ninetieth year, at 936,
938, 940, 942 and 944 NW 2nd Avenue, for nineteen thousand dollars ($19,000).
They purchased another piece of property on...
Vice Mayor Plummer: Who is Al?
Commissioner Dawkins: Al... 9-15 Inc., Florida Corporation, these are
speculators in my opinion, J.L. who are buying land in Overtown. They
purchased another piece at 915 NW 3rd Avenue, 2-90, for ninety-four thousand
dollars ($94,000)... now nobody is going to buy a piece of land for ninety-
four thousand dollars ($94,000) and hold it. Now, let's go back.
Vice Mayor Plummer: But do we know who Al is?
Commissioner Dawkins: No. All it says is Al 134 Inc., a Florida Corporation,
that's all it says. Now I can go to the...
Vice Mayor Plummer: Secretary of State can find out who they are.
Commissioner Dawkins: ... Secretary of State... but see, I am just showing us
} how speculators are acquiring land in Overtown. Now let's go to Alex Muller
The Third. On 7-89, he purchased 250 NW loth Street for five thousand dollars
($5,000). Alex Muller, on 7-89, purchased 262, 264, 268 and 270 on NW tOth
Street for five thousand dollars ($5,000). This same Al Muller The Third, on
7-89, purchased property for twenty-seven hundred dollars ($2,700). The same
Al Muller The Third...
232 January 10, 1991
i
Vice Mayor Plummer: Wait a minute. Are you tell me that they bought a
buildable lot for twenty-seven hundred dollars ($2,700)?
Commissioner Dawkins: I don't know what they bought it. for. I don't know
what it was.
Vice Mayor Plummer: He said twenty-seven hundred, didn't you?
Mr. Bailey: Yes, that is correct. Some...
Commissioner Dawkins: Hold it, hold it, wait, Mr. Bailey, no, nol Al Muller,
on 5-90 purchased 916 NW 2nd Court for fifty-one thousand four hundred and
eleven dollars ($51,411). Al Muller again, purchased another piece of
property here... see, and all of this land is in Overtown... here is where
815 to 817 NW 2nd Avenue, a (NAME WAS UNINTELLIGIBLE) on 9-89 purchased it for
ninety-four thousand and fifty-one dollars ($91,051). This is speculation,
ladies and gentlemen, and this land will never revert back to black folks, and
if the City of Miami had this land...
Vice Mayor Plummer: You know what that sounds like to me, don't you?
Commissioner Dawkins: ... then we could control what goes on it.
Vice Mayor Plummer: You're sure this isn't Al?
Mayor Suarez: And the more you keep telling people that you are going to buy,
that we are going to buy empty lots in that general area, the more they are
going to speculate by buying them before we get around to buying.
Vice Mayor Plummer: If we don't buy them, they are still going to speculate
on them, because they go up now.
Mayor Suarez: Well, but they can speculate, and then get stuck with the
properties, because...
Commissioner Dawkins: You can't get stuck with property. The only place the
value of property can go is, up. Why do you think a man spends ninety-four
thousand dollars ($94,000), because he is not afraid of...
Commissioner Dawkins: No, because he expects that we are going to buy it from
him, and has always paid three or four times its value.
Vice Mayor Plummer: Wait a minute. Just for the record, Mr. Mayor.
Mayor Suarez: Yes.
Vice Mayor Plummer: As we had this discussion before. Those prices which
were quoted by my colleague are not the prices necessarily paid for the
property, it is the assessed value.
Commissioner Dawkins: No, that's what is paid.
Mr. Bailey: The assessed value.
Vice Mayor Plummer: No, sir. I am reading from the paper you just gave me,
the top column, assessed value.
Commissioner Dawkins: Well, they sent it to me, they said that's what was
paid.
Vice Mayor Plummer: OK. I am just saying the way this column reads.
Mayor Suarez: The realtors can get it from the records, how much was paid. A
lot of people have speculated with this. That's another reason to be very,
very sure that we are going to acquire lots to actually be building on them,
and not just to assemble land, quote unquote, so then we can get the private
? sector to come in and build something, if and when they have the money when we
really know that there is not going to be much federal monies coming for that
purpose. Anyhow...
Mr. Bailey: Mr. Mayor, well I don't want to get into this...
233
January 10, 1991
Mayor Suarez: Does anyone else?... wait, Herb.
Mr. Bailey: Yes.
Mayor Suarez: You and I, you know, your view of this and my view of it are
obviously diametrically opposed. We are not going to resolve that today, but
4 we have an obligation to hear from anyone else in the general public that is
-3 concerned about it, and actually, we ought to also go back to your item,
because you had meant to make a presentation, you weren't here on Wynwood, so,
Dotty, anything else? - what else you would like to try to get?
Ms. Fields: Well, the Manager has just asked, if in fact the Archives would
be interested in seeking...
Mayor Suarez: PECO (Public Education Capital Outlay) funds.
Ms. Fields: ... PECO funds, yes. For the Lyric Theater, to complete the
Lyric Theater as an educational facility, perhaps in conjunction with Miami
Dade, and of course, I cannot speak for Miami Dade. But we were listening to
George with the Performing Arts Center, and what we are hoping is that the...
whether the Symphony Hall is built or not as a part of the Performing Arts
complex, that community theaters that are available and existing in Little
Havana, in Wynwood, as well as Overtown, such as the Lyric Theater, will be
considered in the Performing Arts area, and so, with the Lyric Theater,
certainly as a legitimate theater built in 1913, it would be appropriate to
use PECO funds.
Mr. Odio: If Commissioner Dawkins can help us with the college, and if they
make... they list you as part of their system, it is done.
Ms. Fields: What about Dade County Public Schools? - would they qualify also,
sir?
Mr. Odio: I think it is preferred with the college.
Ms. Field: With the college.
Mayor Suarez: I think it is higher education, but I am not 100 percent sure
on PECO funds.
Mr. Odio: If I use your... when I was talking about Performing Arts Center
they mentioned the colleges, or FIU.
Mayor Suarez: Yes, I think it is higher education. But that's a good way to
characterize it, and we may be able to get more State funds, and we ought to
do it the quicker the better.
Mr. Odio: I'd like to, if you'd allow me to, and the Commissioner would help
me, to proceed on that.
Commissioner Dawkins: Prepare anything you want to prepare. I'll catch a
plane Monday morning and take it to Tallahassee. I have no problem with that.
Ms. Fields: All right. We'll continue to work with Sabrina. All right,
thank you.
Mayor Suarez: There is a question that is related, and it deals with 8th
Street north of ... rather NW 2nd Avenue, north of 8th Street, in that whole
area there. Is there no way that we can begin the folklife?... that is one
corner of it, isn't it, Herb, one side of it?
Mr. Bailey: Northwest 8th... NW 2nd and 8th.
Mayor Suarez: Northwest 2nd Avenue, north of 8th Street?
a
Mr. Bailey: We don't...
Mayor Suarez: Most people are trying to get to Overtown on I-95 see as the
entrance to Overtown.
Mr. Bailey: I don't understand the question, Mr. Mayor.
234 January 10, 1991
Mayor Suarez: It's getting off the expressway on NW 3rd, I'm sorry.
Mr. Bailey: Second... NW, you get off on 3rd Avenue...
Mayor Suarez: Third, right.
Mr. Bailey: ... NW 2nd where the sign says, entrance to the City of Miami by
the City Administration Building?
Mayor Suarez: When you get beyond that point, and you begin to get into
Overtown and around 8th Street, what I consider to be Overtown, north of 8th
Street, there.
Mr. Bailey: It starts at 5th Street, really.
Mayor Suarez: All right. Is that not a corner of what you consider to be the
Historic Village that...
Mr. Bailey: No, the Historic Village starts at NW 3rd Avenue and 8th, between
2nd and 3rd.
Mayor Suarez: Eight, OK. That's exactly why I said eight before.
Mr. Bailey: Yes, OK.
Mayor Suarez: Wouldn't it make more sense to acquire in small quantities, a
corner there, and improve it, if we already own it. I think we have at least
one building that we own.
Mr. Odio: We took down that... remember the Sunny, what's his name, and...
Mayor Suarez: Plus, the hotel has been taken down.
Mr. Odio: ... that hotel, down.
Mr. Bailey: We don't own it.
Mayor Suarez: Wouldn't it make more sense to improve the facade of the
entrance to Overtown in a more concrete way, than to try to acquire six lots
covering a two square block area as you are suggesting? Because I'll tell
you, that's the way I would do it, and that's the way I am going to vote to do
it, so if you want to start thinking about that. Dotty, is nodding
affirmatively, I hope the community sees it that way, because that's the way I
am going to vote. I am not going to vote in favor, Herb, of acquiring six
empty lots, quote unquote, to assemble two full square blocks, or whatever it
comes out to be, so that the private sector someday, hopefully, will build
something on there, and tell the Black Archives by the way, you can be part of
this process, that just isn't the way to do it, not in today's environment.
And I would begin by acquiring, and fixing, and improving, and having in
place, some of those properties right on north...
Commissioner Dawkins: Mrs. Range.
Mr. Odio: She was here just now.
Mayor Suarez: ... please... on NW 3rd Avenue, north of 8th Street, which is
the area that people understand to be Overtown, the area that is the entrance
to Overtown, geographically, traffic -wise, and that's how I am going to vote
in the future, so, just letting the rest of you know.
Mr. Ted Weisol: Ted Weisol, representing the...
Mr. Odio: Excuse me, please.
Mr. Weisol: Sorry,
Mr. Odio: Mr. Mayor, I think it is important that we understand what exactly
what the Commission policy would be for the future, so we don't go out and do
piecemeal work, for instance, buying the six parcels and now... I think it is
important that we decide what we really want to do there, and what our
limitations would be, don't you think?
235 January 10, 1991
Mayor Suarez: I can't state my views any more times than I have already. I
will not vote to buy six entire parcels. I will vote to take the funds to
improve the first building block there. Right there, at the corner of NW 3rd
Avenue and 8th Street, the very first building that makes sense, based on your
recommendations, and the Black Archives, and all the other community groups
that are there. Not to acquire six empty lots.
Commissioner Dawkins: Well I'm going to tell you Mr. Mayor, I am voting to
acquire anything we can acquire. That's my vote.
Mayor Suarez: Right. So you've got two of us disagreeing, you know...
Mr. Bailey: I think there is some explanation, and some things that we need
to understand on what you can and you can't do with these funds in a
redevelopment district.
Mayor Suarez: Wait a minute, wait a minute.
Mr. Bailey: OK.
Mayor Suarez: We've got a couple of other items. I am not going to be told
one more time today by Mr. Bailey, that what I am proposing to be done, cannot
be done legally. If he believes that it is a bad policy decision,
philisophically, or whatever. Commissioner Dawkins, believes that, that's
fine. That's their viewpoint. But I am going to get to the rest of items
here tonight, and I am going to complete the hearing from the community, and I
am not going to get into what cannot be done here legally. I have already
contradicted that in many memos, Herb. We have a disagreement apparently on
the law too. At some point, we may get a legal opinion on it, if need be. In
the meantime, unless any Commissioner has any more observations or questions,
Ted, why don't you go ahead and make your statement.
Mr. Weitzel: OK. Ted Weitzel, representing the Poinciana Village Condo
Association, also Bill and Bernie Sawyer, and Indian River Investments, the
developers at Poinciana Village. I more or less agree with sort of both
sides. We need something done on 8th Street, there is no doubt it. We need
to start on 8th Street, and we need to go north. We also need something done
with the auto pound that's under 95, because that is the entrance to Overtown
and it's the entrance to our project. I mean, we have got over two and -a -half
million dollars ($2,500,000) in Poinciana Village between 3rd Avenue and 2nd
Avenue, and 7th Street and 8th Street. And it abruptly ends at 8th Street.
And we not only were promised, but it's in writing in our lease from the City,
that that area was going to be cleaned, starting at 8th Street and going
north, within eighteen months from when we started construction at the corner
of 2nd Avenue and 7th Street. It's now been thirty months. And so, we've
been giving a copy of the lease we have with the City to each one of the
homebuyers that are buying these condominiums. Forty of them are now built.
We are going to be building a hundred and fifty-two of them. So the City is
really on record that they are to clean the area, and we really endorse the
Historic Village, I mean, we want to see it go forward, and whether it's
taking Commission Dawkins idea of acquiring the land with Mr. Bailey, or the
Mayor's idea, we just want improvement in that area. We want to do what we
can do to help. Our homeowners are very concerned about it. It's sort of
stifling the area there, because nothing is really happening at 8th Street,
going north. So anything we can do to help, we want to help. Anyway we can
cooperate, we want to cooperate. And I am really speaking not only for the
developers, but for the homeowners as well, that have made their investment
there, making their lives there.
Mayor Suarez: Thank you, Ted, and for getting as much as you have done
alrady, underway. Anything further from anyone? Yes, ma'am.
Ms. Louise Bower: Mayor Suarez, and Commissioners, my name is Louise Bower,
and I am here regarding property at 533 NW 2nd Avenue. This is the corner of
NW 6th Street and the NW 2nd Avenue corridor, which is the bridge between
Government Center and Southeast Overtown ParkWest. This corner is directly
across the street from the new downtown Post Office, as well as catty -corner
to the proposed Odessa Development, which has a request for proposal out from
the City at this time. This is the corner that the Sawyers are involved with.
fi My out parcel is at 533 NW 2nd Avenue, it's no longer compatible with the new
redeveloped area. A few years back, there was a forum and luncheon at the
Miami Arena, Secretary of HUD, Jack Kemp was the speaker. And at that time,
} 236 January 10, 1991
{
a
there was a City of Miami commitment from that quorum, for three development
areas, and I have the brochure, I don't know how many of you attended the
forum at the Arena, and the three areas were, Overtown Historic Village,
Camillus Block, and the Bower property, and I have a copy of the sheet. The
acquisition of this parcel would be advantageous to the success of Southeast
Overtown Park West. I'd like the City to consider the property as they
complete acquisitions in Phase I, and before another phase begins. I am here
to request from Mayor Suarez and the Commissioners, to direct the staff to
examine the feasibility of acquiring this parcel as...
Mayor Suarez: And you will deed it to us at no cost of the City, so we can
improve it?
Ms. Bower: Absolutely!
Mayor Suarez: Oh, good.
Ms. Bower: Oh, is that on the record? - no. OK.
Mayor Suarez: You mean, you will sell it to us?
Ms. Bower: Yes. For that type of acquisition.
Vice Mayor Plummer: Didn't we just rezone that property?
Commissioner Alonso: Yes.
Ms. Bower: Yes.
Vice Mayor Plummer: And now you... you asked us to rezone it, up the value,
and now you want to sell it to us?
Commissioner Dawkins: Of course. Why not?
Ms. Bower: Well, before it was rezoned, the commitment was there, and the
City never followed through on the commitment.
Vice Mayor Plummer: Is that called suicide? I mean, you came here and
pleaded your case to upgrade the zoning. Now you are coming back here and
asking us to take it over, and pay the higher price.
Ms. Bower: You can revert the zoning. I mean, that... I don't think the
zoning is the issue, I think the zoning was the original commitment.
Vice Mayor Plummer: No, the price is the issue.
Ms. Bower: I am only asking, I'm not even discussing the price. I am
discussing the staff considering the feasibility of acquiring it.
Vice Mayor Plummer: How much?
Ms. Bower: That would be up to them.
Vice Mayor Plummer: No, how much are you asking for it?
Ms. Bower: I have no set price on it.
Commissioner Dawkins: What's the minimum you will accept for it?
Mayor Suarez: You won't give it to us for free? - T mean, that's definite?
Ms. Bower: No. That's out of the question. And then, on the issue of
` relocation, I have some tenants that are in the building that were original
tenants, and they were hoping for relocation. In the interim, since this
project has begun, many of them have passed away, and I think that...
Commissioner Alonso: Our convenience, took care of them.
Mayor Suarez: Where is it in relation to the Post Office?
Ms. Bower: It's directly across the street from.., the back... the Post
Office...
237 January 10, 1991
Vice Mayor Plummer: It's the old Max Bower Meat.
Mayor Suarez: The old Bower...
Ms. Bower: It's in apart... there are two apartment buildings. One is
thirty-six units...
Mayor Suarez: The problem is, a lot of people don't consider that to be
Overtown. They consider that to be downtown, and we have got a resolution of
this Commission that I guess, we should not violate... I certainly don't want
to violate it, that says that the only funds from Southeast Overtown Park West
tax increment bond monies can be spent, north of 8th Street. So, you are not
even close.
Ms. Bower; Well, could you please... could someone in the Commission, please
explain to me why this commitment was made, at that seminar where Kemp was
speaking? I mean, I have the paper.
Vice Mayor Plummer: Commitment by... who made the commitment?
Mayor Suarez: Talking about three years ago when Kemp came here, three years
ago?
Ms. Bower: Right. I have the papers right here.
Vice Mayor Plummer: Who made the commitment?
Ms. Bower: I had nothing to do with the seminar, I just attended it. It
was...
Vice Mayor Plummer: We can't be responsible for what the Secretary Stateman
said he makes.
Ms. Bower: Well, I have the thing right here. It says, Overtown Park West
Development quorum, Redevelopment Overtown Historic Village, Bower Property,
Camillus Block. And it's right here.
Mayor Suarez: We had grandious ideas at one point. We thought we could
redevelop everything, probably north of downtown, all the way up... hopefully,
to 22nd Street, yes.
Ms. Bower: Well, all I...
Mayor Suarez: We are being a little bit more modest in our proposal now,
because the tax increment bond monies that we've been discussing are not going
to produce anywhere near the amount of money that we thought. But the
Secretary certainly kept his pledge in terms of helping us with UDAG (Urban
Development Action Grant) grants, and so on, that made what is up there now, a
reality, otherwise there wouldn't be any tax increment at all.
Vice Mayor Plummer: Ms. Bower, we want you to know that we appreciate the
taxes that you pay at the higher zoning level, which you received.
Mayor Suarez: That's right.
Ms. Bower: It's quite all right.
Mayor Suarez: Thank you.
Ms.Bower: Well, would there be any possibility of your staff studying
this?...
Vice Mayor Plummer: Forget it.
Mayor Suarez: We are probably not going to acquire that. Not for a million
dollars ($1,000,000). If you gave it to us, we probably would do something
worthwhile with it.
Vice Mayor Plummer: You've got to be kidding me. I can't believe it.
Mayor Suarez: We do take donations of land, and property.
238 January 10, 1991
Ms. Bower: Well, I didn't see the other people that you have purchased from
all around in the area as you have cheecker-boarded. I haven't seen them make
donations.
Mayor Suarez: A lot of us believe that we overpurchased, and we...
Commissioner Dawkins: And overpaid.
Mayor Suarez: ... yes, and overpaid. We all believe we overpaid. Two
thousand percent in one case in the span of a year, a speculator made on us.
We have a lot of land around the Arena that is being used for parking too,
that was supposed to be built on, and the only reason I am not even bringing
that up right now, is that, that does not fit the purpose of improving the
classic Overtown... right... the classic Overtown neighborhood, which is north
of 8th Street, all right?
Ms. Bower: Well, would you consider Poinciana, north of 8th Street, when it's
right... or the Sawyer property, which is slated. I mean, we are talking
about immediately across the street?
Mayor Suarez: We had to go with that, because it was in the plans, and
because of decisions made, that we could not revert, and because it seemed to
be the only way to go. But a lot of us were not exactly pleased with that.
We did move west from the boulevard. Initially Park West was supposed to be
right on Biscayne Boulevard, which is...
Ms. Bower: OK. But at this point...
Commissioner Dawkins: OK. Now, since you referred to Mr. Sawyer, I am going
to ask you a question.
Ms. Bower: Of course,
Commissioner Dawkins: Are you willing to take your property and go in with
another developer and build some housing on it, the same as Mr. Sawyer is
doing with his property?
Mayor Suarez: Are you interested in being a joint venture partner with the
City in building affordable housing there?
Ms. Bower: I haven't considered it, but I mean, if I could find a developer.
Mayor Suarez: Well, explore that with staff. That is much more viable, and
much more likely, than the possibility that we are going to pay you for your
land. If you wanted to build it with us.
Ms. Bower: I mean, what would be the avenues to take in that direction,
despite the fact that this commitment was made at that thing. Now...
Mayor Suarez: Forget the commitment, ma'am. Forget the commitment, that has
no value whatsoever, All right?
Commissioner Alonso: Who made the commitment?
Vice Mayor Plummer: That was a thing of the past.
Mayor Suarez: If you want to talk to our staff about the possibility of the
kind of joint venture that Commissioner Dawkins just mentioned, that's
interesting.
Ms. Bower: OK. Which department would I address that to?
Mayor Suarez: Mr. Bailey, right there.
Ms. Bower: OK.
Vice Mayor Plummer: Money bag.
Mr. Bailey: He is very interested in the possibility of building something
like the Sawyers did. Right, affordable housing, where we don't have to pay
off right off the bat for the land et cetera, et cetera, because it gets too
239 January 10, 1991
expensive by that point. And then we are not going to get the UDAG funds, we
are not going to get the UMTA funds we got before, and it just becomes
unfeasible at that point, all right?
Ms. Bower: Well, I would consider that. I have approached it, and I just
haven't...
Mayor Suarez: Well, it helps to put it in writing, and tell us what the terms
that you would consider would be.
Ms. Bower: OK. Thank you.
Mayor Suarez: And again, preferably the land would be essentially free to us.
That's the way we usually like to conisder those.
Ms. Bower: OK, thank you all very much.
Mayor Suarez: I'm serious about that. Other people have given us free land.
70. DISCUSSION CONCERNING PROPOSED CREATION OF A SIDEWALK CAFE DISTRICT ON
S.W. 8 STREET BETWEEN 4 AND 27 AVENUES - DIRECT ADMINISTRATION TO
PREPARE NECESSARY LEGISLATION.
Mayor Suarez: Real quick, to go back to item 46, which is Wynwood, real
quick, and then we're going to try to get your Committee finally set up, the
task force, MR. Cortada.
Commissioner De Yurre: Mr. Mayor, while they come up, one thing that I wanted
to bring up, and I passed a memo earlier this week was - and, Mr. Prieto,
we've been working on this - is creating a sidewalk cafe district on 8th
Street from 4th Avenue to 27th Avenue.
Mayor Suarez: Isn't it already in place?
Commissioner De Yurre: No.
Mayor Suarez: I saw a sidewalk cafe over at E1 Pub.
Commissioner De Yurre: Why at the Pub, well, that's part of it.
Commissioner Alonso: Don't talk about that.
Commissioner De Yurre: That's part of it. They've kind of...
Commissioner Dawkins: Fourth and 27th?
Commissioner De Yurre: From 4th Avenue to 27th.
Mayor Suarez: Oh, OR, we're going to adjust the district to the reality, I
guess.
Commissioner Alonso: Yes.
Mayor Suarez: Is that the problem?
Commissioner De Yurre: Yes, I think it would be great. There's a lot of
interest from other businesses there, restaurants that would like to use the
sidewalk.
Mayor Suarez: Absolutely. And that looks awfully nice what is there, whether
it's legal or illegal. We won't go into that. What motion do you want to
make on this?
Commissioner Alonso: And you want to make it from...?
Commissioner De Turret I just want to make a motion to create a district...
Commissioner Alonso: What area are you mentioning?
Commissioner De Yurre: Let's go from...,
Mayor Suarez: From 4th to 22nd.
Commissioner Dawkins: From 4th to 27th7
Mayor Suarez: Twenty-second.
Commissioner Dawkins: They said 27.
Commissioner Alonso: Great, yes.
Mayor Suarez: Twenty-second.
Commissioner De Yurre: The same what we did on Sunday, from 4th Avenue to
27th Avenue, 8th St.
Commissioner Alonso: Great.
Mayor Suarez: All right. So moved?
Commissioner De Yurre: I moved it.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Vice Mayor Plummer: (WHISTLE)
Commissioner Alonso: Yes, second.
Vice Mayor Plummer: Wait, wait, wait, whoa, whoa, whoa.
Mayor Suarez: Second. For planning and...
Vice Mayor Plummer: As a study?
Commissioner Dawkins: Yes.
Commissioner De Yurre: No, not to study, it's happening already.
Mayor Suarez: Yes, I would try to get back to us with a final ordinance, the
quicker, the better.
Dr. Luis Prieto: We already have it.
Commissioner Alonso: You have problems with it?
Vice Mayor Plummer: No, the problems that I have are the protections built in
for the City on public right-of-way.
Commissioner De Yurre: Well, the same thing that we have in Coconut Grove.
Vice Mayor Plummer: I'm not happy with what we've got in Coconut Grove. OK?
Commissioner De Yurre: Well, then...
Vice Mayor Plummer: I can imagine, Victor, you know, that it's got to be
understood that is public property. That anybody has the right to go and sit
and not order ten cents worth of food.
Commissioner De Yurre: Well, it's the same thing over here.
Vice Mayor Plummer: OK, I am also concerned....
Mr. Prieto: That exists too.
Vice Mayor Plummer: ...on public right-of-way, in Coconut Grove as I recall,
this Commission, against my objections, reduced any liability insurance that
was proffered in the past by these people. Now, I think that this thing needs
to be done and done properly. I think the people have to understand exactly
what the rules and the regulations are.
241 January 10, 1991
Mayor Suarez: Well, how about this? If we pass it and, of course, subject to
the final approval that we have to do of all of the relevant ordinances that
have to go into place, and also, with the requirement that you come back with
any modifications of both Coconut Grove and S.W. 8th Street...
Mr. Prieto: Well, wait a minute. This district already exists.
Commissioner Dawkins: No.
Mr. Prieto: It's Latin Quarter, it's permissible. There's no...
Commissioner De Yurre: No, it goes beyond Latin Quarter.
Vice Mayor Plummer: It goes beyond.
Commissioner Alonso: 27th he's saying, and 4th.
Commissioner De Yurre: I want to go from 4th Avenue...
Mr. Prieto: Oh, to 4th Avenue.
Vice Mayor Plummer: Yes.
Commissioner De Yurre: ...so that if the Malaga restaurant wants to take
advantage of this, they can do it and all the way down to...
Vice Mayor Plummer: Hey, I think that's great, but let me say this...
Commissioner Alonso: Sure.
Mr. Prieto: Ah... to 27?
Vice Mayor Plummer: But let me say this...
Mayor Suarez: Yes, and bring it back with the kinds of modifications to the
existing ordinances that we have in place in other parts of the City to take
care of his concerns.
Mr. Prieto: Well, we've got a million dollars.
Vice Mayor Plummer: Well, let me give you one other concern. OK? That
anyone that wishing to do it has to get a permit, so that we have control.
Mayor Suarez: I thought we had that.
Mr. Prieto: We do have that.
Commissioner De Yurre: You have to have one.
Vice Mayor Plummer: Well, I want to make sure that's in there on S.W. 8th
Street.
Mr. Prieto: It's in here.
Mayor Suarez: All right.
Mr. Prieto: And also, sir, we have a million dollars liability insurance...
Commissioner Dawkins: Call the roll.
Mr. Prieto: ...which is more than ample. It's three times as much as we
E
require in some other...
Mayor Suarez: How can we guarantee the other thing that Vice Mayor Plummer
mentioned? How can we really really guarantee that people feel that they have
access to what is there even though the personal property of the vendor, or
the store owner, that is to say the chair or the table an so on... I guess the
only way would be signage, and I'm not sure we want to go into prescribing
signage....
242
January
10,
1991
Commissioner Alonso: People will not sit and do that. That's something that
we should...
Commissioner De Yurre: Let's not do that, because you could put people out of
business, you know.
Mayor Suarez: Yes, yes.
Mr. Prieto: It's in the Code.
Mayor Suarez: And the businesses.
Mr. Prieto: It says ... "the sidewalk cafe shall be open for use of general
public and such use shall be restricted to the..."
Mayor Suarez: That's what the ordinance says.
Mr. Prieto: Yes, "shall not be restricted to the patrons".
Mayor Suarez: Right, but as a practical matter, a lot of people feel that
they don't have access to it, only if they're going to be patrons of that
particular restaurant.
Vice Mayor Plummer: Oh, no, no, you can't kick them out.
Mayor Suarez: No, I know, but as a practical matter, what you're saying is
what happens.
Commissioner Alonso: Oh, don't say it any more. I hope the Herald doesn't
say it either.
Mayor Suarez: Anyhow, I don't think it has a solution. I think the best
thing to do is to leave the ordinance as it states. Not try to go beyond it,
and hope that somehow this whole scheme works. I think in Coconut Grove, we
have another little problem. I think we have more tables and chairs that were
envisioned for that area in some of these restaurants, and I forget how we
prescribed the maximum number, but there's an incredible number of tables and
chairs in some of these sidewalk cafes in Coconut Grove.
Mr. Prieto: The only restriction is they have to be within the front of the
establishment, and leave a six foot free area for the sidewalk. That's
basically...
Vice Mayor Plummer: Let me tell you something, you better go take a walk.
Mr. Prieto: We do, we do.
Mayor Suarez: You better take a walk over there.
Vice Mayor Plummer: Because there is no six foot pedestrian right-of-way
through those tables.
Mayor Suarez: You'd better check it out, doctor.
Commissioner Alonso: But, the area is great, and it's beautiful, and we need
it on 8th Street, and I think...
Mr. Prieto: We closed one down because of that.
Mayor Suarez: Yes, really.
Vice Mayor Plummer: Let me make sure of one other thing. That in the
configuration, if a person was to apply for a liquor license, those are not
countable towards the number of seats, are they?
Mr. Prieto: That's right, they're not.
Vice Mayor Plummer: They're not.
Mr. Prieto: They're not.
Vice Mayor Plummer: Is that spelled out in the ordinance?
243
January 10, 1991
Mr. Prieto: Very clearly, sir.
Vice Mayor Plummer: OK.
Mr. Prieto: Very clear. And, incidentally, sir, we did close down the Bread
Station for noncompliance with that.
Vice Mayor Plummer: We remember that, we closed it down. You didn't., sir.
i
Mr. Odio: I think that...
s
Vice Mayor Plummer: You brought it here and we closed it down.
t Mr. Prieto: That's right.
Mr. Odio: I think the sidewalk cafes are enhancing the Grove, and they will
enhance 8th Street.
Vice Mayor Plummer: Huh?
Mr. Odio: It really will enhance 8th Street.
Mr. Prieto: Yes, I think...
Vice Mayor Plummer: Oh, hey, I think it's a great thing, but I think that
there's got to be known that there are rules and regulations that people have
to abide by and if they don't...
Mr. Prieto: Yes.
Vice Mayor Plummer: ...that here is the name of the game that you're going to
lose your right to do such.
Mr. Prieto: What we would like to do, sir, is...
Commissioner Dawkins: We'll get to you when we get through with this.
UNIDENTIFIED SPEAKER: It's quite all right. I have all night.
Mr. Prieto: What we need is an encouragement to this neighborhood. We would
like to waiver the fees for one year's period.
Commissioner Dawkins: Waiver what fees?
Mr. Prieto: The $20.00 per square foot fee.
Commissioner Dawkins: OK, hey, that's all I needed to know. Thank you.
Mr. Prieto: Is that all right? That's all we request at this time.
Vice Mayor Plummer: Well, requesting a waiver of fees for what?
Mr. Prieto: For the establishment of the cafe. We're charging $20.00 per
square feet. We want to encourage a new neighborhood to start this.
Mayor Suarez: For one year. A one year waiver for the area, to try to get it
going.
Mr. Prieto: It's an experiment, yes. And once they're in there, and they're
established, well they're hooked, and I think that...
Vice Mayor Plummer: Are my taxes going down?
Mayor Suarez: Yes.
Mr. Prieto: I hope so.
Commissioner Dawkins: Well, you know, doctor, I could go along with that
because if he gets out and he doesn't make the money, he's going to get off
there anyway.
244 January 10, 1991
Mayor Suarez: Sales tax.
Mr. Prieto: That's right.
Commissioner Dawkins: And if he's making money, he won't mind paying the $20
per square foot next year.
Mr. Prieto: It's a good way of looking at it, yes.
Mayor Suarez: All right, with all of those features and subject to the final
approval, once we actually have the ordinance in front of us, we have a
motion.
Commissioner De Yurre: Yes.
Mayor Suarez: Seconded.
Commissioner De Yurre: Can we have the motion... can we have the ordinance
ready to go at the next Commission meeting?
Vice Mayor Plummer: That's fine.
Commissioner De Yurre: The twenty...
Mayor Suarez: The 24th?
Mr. Prieto: Can you permit... yes, absolutely.
Mayor Suarez: Please.
Commissioner De Yurre: Call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 91-65
A MOTION INSTRUCTING THE ADMINISTRATION TO PREPARE
NECESSARY LEGISLATION TO CREATE A SIDEWALK CAFE
DISTRICT ON S.W. 8 STREET BETWEEN 4 AND 27 AVENUES;
FURTHER DIRECTING THE ADMINISTRATION TO WAIVE THE
INITIAL $20 ANNUAL FEE PER SQUARE FOOT REQUIRED FOR
ESTABLISHMENT OF NEW SIDEWALKS CAFES IN SAID AREA; AND
FURTHER DIRECTING SAID ORDINANCE TO BE BACK FOR FINAL
CONSIDERATION AT THE JANUARY 24TH MEETING.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
e5
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Vice Mayor Plummer: I guess I got to go for selfish interest here. Sir, if
you had on each side of a funeral home, a restaurant, is there any protection
for the dignity and sanctity of a funeral home of having...
--" (INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Vice Mayor Plummer: No, is there any prohibition against the fact that next
to a funeral home that you're not going to have sidewalk cafes? I can't
envision in front of a funeral home having a sidewalk cafe.
Commissioner Dawkins: Mr. Plummer, I move that you hold that until 9:01 and
then you can finish that discussion at 9:01.
it"A
'` 245 January 10, 1991
Mayor Suarez: Would you, just without a motion or anything, take into
consideration that...
Vice Mayor Plummer: And I'm not on 8th Street and I'm not in Coconut...
Mayor Suarez: Yes. For future determination at another Commission meeting or
9:01 tonight, either one.
------------------------------------------------------------------------------
71. (A) (Continued Discussion) FEE WAIVER REQUEST BY REPRESENTATIVES OF
PUERTO RICAN TASK FORCE FOR WYNWOOD DAY CELEBRATION IN ROBERTO
CLEMENTE PARK - COMMISSIONERS ALLOCATE MONIES FROM THEIR
DISCRETIONARY FUNDS TO COVER THE FEE WAIVER (See label 56).
(B) REQUEST CITY COMMISSION TO WITHDRAW THE GANG TASK FORCE FROM THE
WYNWOOD AREA.
------------------------------------------------------------------------------
Mayor Suarez: All right, sir. Give us your name and address, please.
Mr. George Batista: Good evening, my name is George Batista, and I reside at
173 NW 39th Street. Mr. Mayor, the Commissioners, a few years ago, I used to
come in front of this Commission with a suit and tie to ask you for money.
But this time, it's not money involved, OK? The reason for my presence here
is for two reasons, and I am going to talk first of all, number one, I used to
run the Wynwood Crime Prevention Program until the City and the County
government decided that it was either no longer needed in that area. On
December 11, of last year, one of my favorite youngsters in that program shot
himself to death. His name is Jorge Perez, I am sure that you all heard about
that. I think that the Mayor also, attended the funeral which we thank you
very much for attending, Mr. Mayor. When Jorge Perez died, I sat down at home
and I cried, and I felt that time, that I had failed Jorge Perez, and I had
failed the Wynwood community. So I decided to return to Wynwood and work
without any further monies, without any City monies, without any County
government, we don't want the money this time, we don't want to work with
money. What we want to do is to have the opportunity to work with our youth,
so what happen in December of 1988, it will be prevented. We don't want
another Mercado case. On January 13, of this year, we are having an activity
in our community, it's called "Wynwood Day" in which we are going to have jobs
for our community, we are going to have car shows, and we are going to have
raffles for kids, and other activities, and I am talking about positive
activities for the youth of our community. Now, so far, we have the
cooperation of the Police Department, but the City Parks Department is giving
us some trouble, OK? We have not been able yet, to get a permit to utilize
that park that day, in which we are having such a positive activity for our
community, which involves positive things for our youth. The Parks
Department, first they requested that we have one million dollars ($1,000,000)
insurance. We went out and we obtained money from our own people in our
community, without having to come over here to the City Commission, OK? -
because we want to do it ourselves, and we can do it. But all we are asking
is for assistance, and we don't want to be blocked with... you know, little
things that nothing like that shall happen, OK? If we want to work with a
community, give us the...
Commissioner De Yurre: Who have you seen? Have you seen the administration
for your permits for the?...
Mr. Batista: We have talked with Pauline, and Kenneth Smith - am I correct,
Rhonda?
Commissioner Dawkins: What's the problem? I mean, tell us what kind of
problem...
Mr. Batista: OK. The problem is that everytime that we go to the, you know,
to the Parks and Recreation Department, something new, and something... you
know, about money. We don't have the money.
Commissioner Dawkins: What Park you want to use?
Mr. Batista: We are talking about you know, the Roberto Clemente Park.
246 January 10, 1991
Commissioner Dawkins: All right, what day you want to use it?
Mr. Batista: On the 13th.
Commissioner Dawkins: Of what?
Mr. Batista: Of this month. That's on Sunday, we are having Wynwood Day,
that day.
Commissioner Dawkins: And you want to have a rally for the youth on the 13th,
at Clemente Park?
Mr. Batista: On the 13th. That park.
Commissioner Dawkins: And the Police Department...
Mr. Batista: They are cooperating with us. We have no problem with Police
Department, they are doing fine with us.
Commissioner Dawkins: All right. Now, who?... the Fire Department, you don't
need any?...
Mayor Suarez: They were just told about insurance requirements.
Mr. Odio: You can... the total waiver you need is a thousand and seventy-five
dollars ($1,075.) Commissioners, and Mr. Mayor.
Commissioner Dawkins: A total waiver, for what?
Mr. Odio: For what day they want. The total cost of what they're asking for
is one thousand and seventy-five dollars ($1,075).
Commissioner Dawkins: What does that cover, Mr. Manager?
Mr. Odio: That covers park rental fees, concession fees, showmobile rental,
generator rental, event staff, solid waste trash removal, which is only forty
dollars ($40.), police...
Commissioner Dawkins: OK. How much is it?
Mr. Odio: One thousand and seventy-five dollars ($1,075).
Commissioner Dawkins: One thousand and seventy-five ($1,075.). I'll give two
hundred and fifty ($250) out of my discretionary funds.
Mayor Suarez: All right, same with myself.
Commissioner Dawkins: Or, five hundred ($500.)
Commissioner Alonso: OK, I'll do the same.
Mayor Suarez: You've got seven fifty, it's getting closer.
Mr. Batista: Excuse me, what is that?
Mayor Suarez: You are up to seven fifty.
Mr. Batista: Seven fifty. Thank you. Funded from who? - who you said funded
it?
Commissioner Alonso: Each one of us have given two fifty.
Mayor Suarez: Two fifty, two fifty, two fifty. Now, we have to the far
right, and to the far left.
Mr. Batista: Thank you very much, and...
Commissioner Dawkins: J.L. Plummer gives the rest.
Vice Mayor Plummer: No, no, no, Mr. Mayor, I didn't want to bring this up,
but now I have to. J.L. Plummer's office did not accept the discretionary
funds. I did not accept the forty thousand dollars ($40,000) as discretionary
247 January 10, 4991
funds for my office. I personally... I am not going to go into any long
detail, but I didn't think it was proper, or right...
Commissioner Dawkins: OK, that's no problem.
Vice Mayor Plummer: ... and my office did not accept them, and as such, we do
not... my office does not have them available.
Commissioner Dawkins: All right. Take the forty thousand ($40,000) from him
and distribute it between the other four Commissioners. That's ten thousand a
piece, so that will now give you five hundred.
Mayor Suarez: I will come up with my two hundred and fifty dollars ($250)
from a source other than my discretionary fund, because I've got questions
about my discretionary fund too.
Commissioner Dawkins: I don't have any problem with mine, so I'll give you
five hundred ($500.) from mine.
Commissioner De Yurre: And I'll give the rest, provided I've got it.
Mayor Suarez: All right, anyhow, he has got... you've got five hundred,
you've got... I'm sorry?
Commissioner De Yurre: How much you've got? - you're giving five hundred,
you're giving two fifty, and two, that's a thousand. So you've only got
seventy-five dollars ($75) to go?
Mayor Suarez: Right.
Commissioner De Yurre: I'll get it from my discretionary fund. How about
that, eh?
Vice Mayor Plummer: Last of the big time spenders.
Mayor Suarez: All right.
Mr. Batista: Thank you.
Commissioner Dawkins: OK. Where is Henry? Henry.
Mr. Batista: Thank you very much, and believe us...
Commissioner Dawkins: No, no. Go to my aide and see that they make out the
papers, then thank me, OK?
Mr. Batista: OK. Believe me that, you know... really, we didn't come here to
ask for monies, we just came here to...
Mayor Suarez: Those things shouldn't cost money. We've got a system now that
we charge for everything, and I wish we hadn't done that, but that's where we
are, because as a City, we are strapped for cash, and we are strapped for
services, and we have to do that. We really shouldn't have to. All right?
Mr. Batista: Thank you very much, Commissioners.
Mayor Suarez: For a community...
Commissioner Dawkins: Henry.
Commissioner De Yurre: Number two?
Mayor Suarez: Another matter?
Mr. Batista: What?
Mayor Suarez: You have anything else?
Mr. Batista: Yes, I have just one short thing.
Mayor Suarez: Quickly, because we have got at least one other item here to
resolve, sir,
248 January 10, 1991
Mr. Batista: OK. You know, the second item that I want to talk about is
going to be brief. And that is concerning, you know, the gang unit in the
Wynwood area. We feel that since we don't have any gangs in the area, and we
don't have any gang activities in the area, I feel that, you know, the gang
units are not really necessary in the area. I think that the money spent on
the unit, can be spent on activities, you know, for the youth in the area. I
think that we have programs in the area that could really work you know, with
the kids. Also, the police officers can, if they want, if they really feel
that they are needed, they can go back you know, to uniform. But really,
there is a concern about the youth, and that it's some type of conflict,
harassment, you know, for the gang units in to our kids, and that's creating
some friction there. So I think... and here we have about three hundred
signatures from the Wynwood community, requesting you know, for this
Commission to please take the gang unit away, please. Who should I give it
to?
Commissioner Dawkins: Give it to the Clerk.
Mr. Batista: OK.
Mayor Suarez: Make sure that Madam City Clerk, make sure that the entire
Commission get copies of at least one of those, and we have an idea of what
the actual petition states.
Mr. Batista: Thank you very much. Thank you.
Mayor Suarez: Thank you, sir.
72. SET FORTH PURPOSE AND FUNCTION OF THE YOUTH TASK FORCE - AMEND 90-707 -
CHANGE COMPOSITION, MEANS OF APPOINTMENT OF MEMBERS, AND QUORUM
REQUIREMENTS - CONFIRM CERTAIN INDIVIDUALS AS MEMBERS - APPOINT
INDIVIDUALS AS MEMBERS (Appointed were: Glenn Brock and Paul Cromwell).
Vice Mayor Plummer: What's the other item?
Mayor Suarez: The Gang Task Force. That's very relevant to what he just
said, because there are different opinions as to how much gang activity we
have in the Wynwood area, obviously.
Mr. Xavier Cortada: Mr. Mayor, and Commissioners, that's exactly what... the
people involved with the Task Force, or the ones that have been nominated so
far, envision. They envision assessing the gang activity that we have
currently, but more importantly, the potential for future gang activity, and
to try to address ways through the community agencies that have ex-officio
spots, namely, Tacolcy Center, Aspira, and Positive Inc, to develop ways to
curtail gang activity in the future.
Mayor Suarez: OK. You have got a philosophical thing to advise this
community of as soon as your philosophical, or factual issue, to advise this
community as soon as you get your act together, Mr. Cortada, which is... you
just heard it. You've got some people in Wynwood saying, we have no gangs in
Wynwood. You've a gang unit saying... police gang unit of City of Miami
saying, the principal gang activity is in Wynwood. So, somewhere along the
line, somebody is misstating something to us, and we need to have interested
citizens, including those who are quite knowledgeable with youth activities,
and youth gangs to determine whether maybe we are just defining youth gangs
differently?
Mr. Cortada: Right.
Mayor Suarez: Some people see a group of youngsters gathered together in our
minority neighborhoods, and they say, that's a gang, right there. Or, if in
fact, somebody is trying to... as we used to say, sell us wolf tickets here,
and in any event, that's one task right away to report back on a very specific
one. A study of those three hundred signatures, of the parents of those three
hundred youngsters, if they are all young people, because our gang unit tells
us that what parents tell us, and what the young tell us are two totally
249 January 10, 1991
different thitZs as to the gang activity of the youngsters. And they tell us
a lot of other things too about what gangs are doing in the City of Miami to
generate violence, et cetera, and we are hearing something very different when
we talk to the young people in Wynwood, so somewhere along the line, somebody
is not telling us the entire truth, and we need to hear from a group such as
yours. What do you need organizationally from us? - you wanted some final
apppointments?
Mr. Cortada: What I need Mr. Mayor, is to have a committee finally approved,
who have been doing this since September.
Mayor Suarez: Whatever you give us, I think at this point, we are going to
vote for it.
Mr. Cortada: Basically, what we are looking for is to fill the vacancies that
are opened...
Mayor Suarez: Whoever you want.
Mr. Cortada: ... and there are two people...
Mayor Suarez: They responsible people are not bad people, right? They are
people with agencies, and so on?
Mr. Cortada: Right. Well, one of them is I think, and is an expert in the
area, he is a chairman of Criminology at the University of Miami, and
Associate Professor in Sociology, his name is Paul Cromwell.
Mayor Suarez: .Nobody would object to the Chairman of Criminology at the
University of Miami.
Mr. Cortada: And the other person is Glen Brock, who is the District Director
for HRS.
Mayor Suarez: All right. You need that in the form of a motion?
Vice Mayor Plummer: They agreed to serve?
Mr. Cortada: There are four items that I need to address. Perhaps, I
should...
Mayor Suarez: Well, can you try to do them altogether...
Mr. Cortada: Yes, that's what I am going to do.
Mayor Suarez: ... because nobody is going to have any objections to any of
this, I don't think.
Mr. Cortada: OK, the first thing is, insofar as the... I spoke to the City
Attorney, or the Assistant City Attorney that drafted the resolution, and
there is some inconsistencies between what I think we discussed about, and...
Mayor Suarez: We don't care about most of this. Just tell us what you need.
Commissioner Alonso: Tell us.
Mr. Cortada: Let's just it done. Basically, we are looking at creating a
committee where all the members are voting members, including the five gang
members...
Commissioner Alonso: Right.
Mr. Cortada: ... and including the two honorary members, if they decide to
come. We are looking also to include... at least these two people. I know
that Commissioner Dawkins also have some individuals he was interested in
nominating, so we might have to increase the number of the committee by two,
so we can accommodate his, and these two that I think are essential to the
committee. Also insofar as being able to assess...
Commissioner Dawkins: You know, I have a problem with this. I was told to
give three people, all right? I've got the three people, and now you're
telling me you've got to increase the board to get my three people, I don't
know.
250 January 10, 1991
Mr. Cortada: No, no, wit►. all due respect, Commissioner Dawkins, it's the
other way around, it's just to ensure that these two people can get in. One
person with HRS, and the other...
Commissioner Dawkins: You see, but you... I understand you, see. And you are
interested in... the way you are going, and I am interested in the people whom
I serve being representative, so when I go out and get elected, they can work
for me. So therefore, the people whom I want on this, have to go on here.
Mr. Cortada: Right.
Commissioner Dawkins: I don't care about nobody from the University of Miami,
I don't care if he comes from FIU, I don't care if they come from Miami Dade.
These are three people who you all told me to go and get, and now I have
informed them that they could go on this board.
Mr. Cortada: Well Commissioner Dawkins, one of the issues that we just
discussed was how do we define a gang, and what is a gang. Let's look at...
Commissioner Dawkins: I don't care what you are telling me. I am telling you
that all you said, that all of us were to get three members for the board.
Mr. Cortada: Right.
Commissioner Dawkins: That's what you told us. I got the three.
Mr. Cortada: Right.
Mayor Suarez: Expand the board to whatever you need to make sure you get the
three people.
Mr. Cortada: Right. That's what I mentioned.
Mayor Suarez: You have any problems with that?
Mr. Cortada: No, not at all.
Mayor Suarez: I mean, I am sure that you don't.
Commissioner Alonso: So we include it in the motion today.
Mayor Suarez: That will be included in the motion. The more people the
better.
Mr. Cortada: And also, the other thing we... one of the most important things
we need to do in revising that resolution is, we would like to see if the Task
Force... we understand that the City has no money to put into it, but see if
we can solicit some funding through some private foundations to assist us in
assessing this, perhaps by hiring an executive director, or someone to direct
the area.
Mayor Suarez: You don't need anything from us on that. Go out and hunt for
money, that's absolutely...
Mr. Cortada: Well, what... I mean, as an entity, can the Task Force solicit
money? - I mean legally?
Mayor Suarez: Surely.
Commissioner Dawkins: Yes.
Mayor Suarez: And believe me, if you get...
251 January 10, 1991
w
Mr. Cromwell: ...licit money. I mean legally?
Mayor Suarez: Surely, surely. And believe me, if you get it, and you need to
have a corporation or something, we can always set up a 501/C-3. No problem.
Mr. Cromwell: OK, and can the task force also administer this money?
Mayor Suarez: Well, let's wait till we get the money, and then we'll talk
about how to administer.
Mr. Cromwell: OK. And lastly, insofar as the rules of...
Mayor Suarez: I'm sure our Community Development, or some other department of
the City would like to monitor the spending of any money that's obtained, but
we'll cross that bridge when we get there.
Commissioner Dawkins: Or you can have the checks made out to the City of
Miami, and then we can start a fund from which you could operate.
Mayor Suarez: Exactly.
_ Mr. Cromwell: Because we're looking... I'm already sort of working on grant
writing, and we need an organization to be the grantee.
Mayor Suarez: Absolutely, you can start... What they'll probably require is
that...
Commissioner Dawkins: I think Miami should be the grantee.
Mayor Suarez: Right.
Mr. Cromwell: The grantee can be the... OK. And lastly, insofar as rules and
procedures are concerned, and the selection of the chair and the whole
hierarchy, can the committee itself set up it's own rules of procedure?
Mayor Suarez: Yes. By all means. That's the way...
Mr. Cromwell: All right, so then assuming all those things and including the
nominees that Commissioner Dawkins has, along with these two that I think are
essential, and making sure that all members including the ex-officio members
from those agencies in the Police Department are voting members, that's we are
looking for.
Mayor Suarez: That's your plan. Anybody have any problems with it?
Commissioner Dawkins: I'll move it....
Mayor Suarez: OK, moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded.
Mr. Cromwell: We need those names though to be submitted.
Mayor Suarez: Right, he'll get you those names separately, but they're
included in the motion. Call the roll.
Commissioner Alonso: Yes.
Mr. Cromwell: Thank you, sir. And, as a personal... Mayor Suarez, can we
have...
Mayor Suarez: Please, please, let's vote on this thing. No personal stuff.
Mr. Cromwell: Oh, sorry.
252 January 10, 1991
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-66
A RESOLUTION AMENDING RESOLUTION NO. 90-704, ADOPTED
SEPTEMBER 7, 1990, WHICH CREATED A CITY COMMISSION
YOUTH TASK FORCE AND SET FORTH THE PURPOSE AND
FUNCTION OF SAID TASK FORCE TO PROVIDE THEREBY FOR A
CHANGE IN THE COMPOSITION OF SAID TASK FORCE, THE
MEANS OF APPOINTMENT OF THE MEMBERS OF SAID TASK FORCE
AND THE QUORUM REQUIREMENTS FOR SAID TASK FORCE;
FURTHER APPOINTING AND/OR CONFIRMING CERTAIN
INDIVIDUALS TO SERVE AS MEMBERS ON THE TASK FORCE.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Cromwell: Mayor Suarez, can we have our first meeting, perhaps, at your
balcony or something?
Mayor Suarez: Absolutely...
Mr. Cromwell: All right.
Mayor Suarez: ...you can have the balcony any time you want.
Mr. Cromwell: Oh, and there's one...
Mayor Suarez: Bye, bye. With this Commission is....
Commissioner Alonso: No, no, no, no, remember you told me to wait till the
end for this.
Mayor Suarez: ...not adjourned yet.
Mr. Cromwell: One last thing...
Commissioner Alonso: Oh, my God.
Mr. Cromwell: ...Commissioner Plummer, I don't think your office ever
officially nominated Janet MacAlily even though they did it by a phone call.
I think you need to do it, if you're interested in doing that.
Commissioner Alonso: He gave the name at the Commission meeting.
Mayor Suarez: That is built into the motion. All right?
Commissioner Alonso: Yes.
Mayor Suarez: School Board member, Janet MacAliley.
Vice Mayor Plummer: Check with Gloria in my office.
Mr. Cromwell: OK, but...
Mayor Suarez: OK, what do we need to do?
Mr. Cromwell: So, are you nominating?
253
January 10, 1991
r � -
Vice Mayor Plummer: I don't know what. Talk with Gloria, she's the one that
handles the appointments in my office.
Mr. Cromwell: Ok, and then she can contact the City Clerk and they'll have it
for us, ok. Thank you so much for all your help.
Mayor Suarez: OK, Mr. Cromwell.
Mr. Cromwell: Let's get started.
------------------------------------------------------------------------------
73. DISCUSSION CONCERNING POSSIBLE PURCHASE OF THE CENTRUST BUILDING TO BE
USED AS THE NEW ADMINISTRATION BUILDING.
Commissioner Alonso: Mr. Mayor, I'd like to hear from Herb Bailey in
reference to a possibility of a building for the administration building.
Mayor Suarez: Ah.
Commissioner Alonso: I have not had any opportunity to look at this building,
but I think it's something that this Commission should at least hear from him
today, and if we consider this as worthwhile, then we should go ahead. We
have to make the decision today, because it's the only chance we will have
before the deadline that I believe is the 22nd.
Mayor Suarez: The only risk is that by even broaching the subject one little
bit, even if we then dismiss it totally, the headline tomorrow will be "City
Considers Centrust Building for Administration." You know, I could just see
it. Anyhow.
Commissioner Alonso: They can say whatever they want...
Mayor Suarez: Yes.
Commissioner Alonso: ...but I think we should consider this, if we feel it
has any value whatsoever. I have no idea. I'm not recommending it one way or
the other. As a matter of fact, my recommendation was not to buy a building
at this time, but I think this is worth considering, and I think this
Commission should at least tell the administration what to do.
Commissioner Dawkins: No, I'm telling you, we recommended you as the
chairperson of this. You talk to Herb Bailey, you come back and tell me what
we're supposed to be doing.
Commissioner Alonso: But the problem is the lack of time.
Mr. Herb Bailey: There is a matter of time.
Mayor Suarez: What would have been the terms if we were to get involved in
it?
Commissioner Alonso: Can I do this then? -send Herb Bailey to each one of you
and you...
Commissioner Dawkins: No, no, no, whatever you tell me, that's what I'm....
Mr. Odio: No, because....
Commissioner Alonso: No, I don't want to take that responsibility because
it's something that came after the process that I followed, and I don't think
I should take just this responsibility alone. So, can you say...
i Mayor Suarez: You're saying there's an impending sale of the building? -a
courthouse sale?
Mr. Bailey: Yes.
Commissioner Alonso: Yes.
254
January 10, 1991
Mr. Odic: RTC (Resolution Trust Corporation), who owns the building, came to
us and said that we should be thinking of bidding. It's a closed bid process.
The bid is on January the 22nd of this year. In other words, two weeks from
now. I guess the basic decision is, should we go in with a minimum, and hope
that nobody else bids?
Commissioner De Yurre: Is there a minimum bid?
Mr. Odic: There is a minimum bid requirement.
Commissioner Alonso: Yes.
Mr. Odic: Fifty.
Commissioner De Yurre: How many?
Mr. Bailey: Fifty million.
Commissioner Alonso: Fifty.
Mayor Suarez: Fifty what?
Vice Mayor Plummer: Fifty million dollars!
Mayor Suarez: All right.
Vice Mayor Plummer: Are you kidding me?
Mr. Odic: No, I'm very serious.
Vice Mayor Plummer: Now, wait a minute, wait a minute. That's the minimum
bid. Now, tell me after that, how much it's going to be to convert that
building to City office use?
Mr. Odic: No, they...
Vice Mayor Plummer: What do you mean, no?
Mr. Odic: It's totally prepared within. All improvements inside are in
place - totally.
Commissioner Alonso: They visited, I didn't....
Mr. Odic: When we looked at that, that is something that needs... I wish we
had more time.
Mayor Suarez: Are you saying that the reason we'd even consider this is that
we can somehow come in and bid paper? In other words, bid some obligation
that that building has to us?
Mr. Odic: That's right.
Mr. Bailey: Would you like to me to go through the scenario?
Commissioner Alonso: That's it.
Mayor Suarez: Is that what you're trying to....
Mr. Odic: I'm trying to say something....
Mayor Suarez: ...because ob.riously, we're not going to consider bidding fifty
million dollars.
Commissioner Alonso: No.
Vice Mayor Plummer: We don't have it.
Commissioner Alonso: No, no.
Mr. Odic: I'm saying that the building...
255 January 10, 1991
Mayor Suarez: What would we be able to bid? What obligation to us can we put
in?
Mr. Bailey: Well, let me just run through it quickly. We looked at the
numbers based on income and expense statements they gave us. There's a net
income after adjustment for expenses...
Mayor Suarez: That's not the question, Herb.
Mr. Bailey: Yes, it is the question. If you will let me finish, I will tell
you.
Mayor Suarez: The question is, not the cash flow analysis right now. We may
want to get into that. But we first want to know what would we bid? What
would we bid for this building? What piece of paper?
Mr. Odio: You would have to bid a minimum of fifty million dollars.
Mayor Suarez: In what form, Mr. Manager?
Mr. Odio: They will then finance the building, but there is a minimum down
payment to it, and they owe us money. So that...
Mayor Suarez: How much do they owe us?
Mr. Odio: I think it's two million dollars. I have the number there, but...
_ Mayor Suarez: So, in other words, we'd come in with two million dollars of
what they owe us in lieu of cash...
Mr. Odio: We would have to work out a down payment...
Mayor Suarez: ...and that's our down payment. And we still owe 48 million?
Mr. Odio: Then they would finance the balance...
Mayor Suarez: Bye, bye.
Mr. Bailey: You would just want to kill it all, and forget about it? -
because he's not going to let me explain it. There's no need of going through
this exercise. Just forget about it. Right?
Mayor Suarez: Does anybody want to consider 48 million dollars in cash that
we don't have to buy this building?
Vice Mayor Plummer: Oh, why not?
Mr. Bailey: That's not 48 million dollars.
Mayor Suarez: I just asked you what we would bid that we have by way of
paper, an obligation to us from the underlying property. You said we have a
two million dollar obligation, and that would be presumably the cash
contribution that we come in with. The rest is...
Mr. Bailey: I would suggest we just forget it.
Vice Mayor Plummer: The Dupont Building is looking better all the time.
Mr. Bailey: It's a complicated situation, let's just forget it.
Commissioner Alonso: No, there are things better than that.
Mr. Odio: This building is...
Mr. Bailey: It is a doable situation.
Mayor Suarez: OK, how would we structure it? Then we get into the cash flow
analysis that he wants to do? How would we structure the actual bid? How
would we bid up to 50 million dollars? Somebody explain that.
t,
Mr. Odio: It is 80 percent finaceable, and the down payment is worked out
with them, so that the monies they owe us is applicable to the down payment.
256 January 10, 1991
Commissioner De Yurre: So we got to come up with that? -8 million dollars?
Mr. Odic: And then you have leases in place that are for long term leases
that are worth a lot of money. And the bottom line is that you do not lose
money, that we save the money that we're paying in rent and you make money.
But this is a very risky and...
Mayor Suarez: OK, how do we stand in comparison to other bidders that might
come in? They don't have the 2 million dollars up front paper obligation?
Mr. Odic: I feel that there is going to be bidders with much, much high bids
over the fifty.
Commissioner Alonso: Probably pay much higher.
Vice Mayor Plummer: God bless them.
Mr. Odic: OK? I feel that...
Commissioner Dawkins: I move we adjourn.
Commissioner Alonso: OK.
Mayor Suarez: OK.
Mr. Odio: We had to try it.
Mayor Suarez: I don't think there's going to be anybody bidding more than
fifty, by the way.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY -
COMMISSION, THE MEETING WAS ADJOURNED AT 8:59 P.M.
Xavier L. Suarez
M A Y O R
ATTEST:
Batty Hirai
CITY CLERK
Walter J. Foeman -
ASSISTANT CITY CLERK
� INCORP�IIN:iTEI)
IB 96
257
January 10, 1991