HomeMy WebLinkAboutCC 1991-05-09 Minutes0
Dim o - WA�A
W1
OF MEETING HELD ON MAY 9, 1991
REGULAR
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
May 9, 1991
ITEM SUBJECT
NO.
LEGISLATION
1. PRESENTATIONS, PROCLAMATIONS, AND DISCUSSION
SPECIAL ITEMS. 5/9/91
(A) PROCLAMATION: WATER SAFETY MONTH -
TO EMPHASIZE IMPORTANCE OF SAFETY IN
PREVENTING AQUATIC ACCIDENTS.
(B) COMMENDATION: MOST OUTSTANDING
OFFICERS OF THE MONTH (APRIL): RICHARD
GENTRY, EUGENE EDWARDS AND JOSE
FERNANDEZ.
(C) CERTIFICATE OF APPRECIATION:
STUDENTS FROM ALLAPATTAH ELEMENTARY
SCHOOL - WINNERS OF MIAMI AT PEACE
CONTEST.
(D) COMMENDATION: HEROICS DEMONSTRATED
DURING STREET DISTURBANCE: GARY EUGENE
AND RAY CORNELL.
2. COMMENTS BY COMMISSIONER DE YURRE DISCUSSION
CONCERNING OVER -PRUNING OF A TREE ON 5/9/91
MAIN HIGHWAY IN COCONUT GROVE. (Note:
This item was temporarily tabled but
was not taken up again.)
3. DISCUSSION REGARDING COMMISSION'S DISCUSSION
CONCERNS RELATED TO SECURITY ASPECTS IN 5/9/91
AND AROUND MIAMI ARENA - MANAGEMENT
FIRM IN CHARGE OF ARENA (LEISURE
MANAGEMENT MIAMI ELMM]) CITED AS
RESPONSIBLE FOR SECURITY ASPECTS -
GENERAL COMMENTS CONCERNING HIGH
INCIDENCE OF CRIME CITYWIDE.
PAGE
NO.
2-3
3-19
4.
CONSENT AGENDA
DISCUSSION
19-21
5/9/91
4.1
ACCEPT BID: LCR CONSULTANTS, INC. -
R 91-328
21
FOR FURNISHING GROUNDS MAINTENANCE
5/9/91
SERVICES AT COCONUT GROVE CONVENTION
CENTER.
4.2
ACCEPT BID: WEATHERTROL CORPORATION -
R 91-329
22
FOR FURNISHING AND INSTALLATION OF A
5/9/91
MARLEY QUADRAFLOW WATER TOWER AT DON
HICKMAN ADMINISTRATION BUILDING
(Project 311023).
4.3
ACCEPT BID: CARRIER BUILDING SYSTEMS
R 91-330
22
AND SERVICES, INC. - FOR FURNISHING
5/9/91
MAINTENANCE SERVICES TO AIR
CONDITIONING SYSTEMS AT MIAMI POLICE
DEPARTMENT HEADQUARTERS FACILITY AND
DON HICKMAN ADMINISTRATION BUILDING.
4.4
ACCEPT BIDS: (a) J. BALSERA SCHOOL BUS
R 91-331 23
SERVICE ($11,700), (b) MANOLIN AND
5/9/91
PILAR MARTINEZ BUS ($6,039), AND (c)
CARLOS & SUSANA HERNANDEZ BUS SERVICE
($4,370) - FOR FURNISHING BUS
TRANSPORTATION SERVICES TO PARKS
DEPARTMENT.
4.5
ACCEPT BID: TERRY PARKE - FOR
R 91-332 23
FURNISHING BLACKSMITH / FARRIER
5/9/91
SERVICES.
4.6.
AUTHORIZE PURCHASE FROM SUNSHINE
R 91-333 23
TRUCKING INC. OF 7000 TONS OF LIMEROCK
5/9/91
FOR ADDITIONAL CONSTRUCTION OF VIRGINIA
KEY YARD WASTE COMPOSTING SITE (Project
197003).
4.7
CLAIM SETTLEMENT: PNM CORPORATION
R 91-334 24
($40,833.80).
5/9/91
4.8
CLAIM SETTLEMENT: EUTYCHUS AND GLORIA
R 91-335 24
ROLLE ($40,000).
5/9/91
4.9
AUTHORIZE ONETIME WAIVER OF MAINTENANCE
R 91-336 24
REQUIREMENTS FOR USE / TENANCY OF CITY-
5/9/91
OWNED GARDEN CENTER IN SIMPSON PARK BY
COUNCIL OF GARDEN CLUB PRESIDENTS OF
DADE COUNTY - AUTHORIZE ADMINISTRATION
TO PROCEED WITH REPAIRS.
4.10
EXECUTE AGREEMENT WITH PROPERTY OWNER
R 91-337 25
FOR ACQUISITION OF PARCEL (#06-03)
5/9/91
WITHIN OVERTOWN COMMUNITY DEVELOPMENT
TARGET AREA TO BE USED FOR DEVELOPMENT
OF HOUSING AFFORDABLE TO LOW AND
MODERATE INCOME FAMILIES - ALLOCATE
FUNDS FROM 1976 HOUSING GENERAL
OBLIGATION BONDS (AFFORDABLE HOUSING
PROGRAM - Project 321024).
4.11
EXECUTE AGREEMENT WITH PROPERTY OWNERS
R 91-338 25
FOR ACQUISITION OF PARCELS O4-13 AND
5/9/91
04-17 WITHIN WYNWOOD COMMUNITY
DEVELOPMENT TARGET AREA TO BE USED FOR
DEVELOPMENT OF HOUSING AFFORDABLE TO
LOW AND MODERATE INCOME FAMILIES (IN
CONNECTION WITH CITY SPONSORED
SCATTERED SITE AFFORDABLE HOMEOWNERSHIP
DEVELOPMENT PROGRAM) - ALLOCATE FUNDS
FROM 11TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM (CITY-WIDE
LAND ACQUISITION PROGRAM - Project
321026).
4.12
EXECUTE AGREEMENT WITH SYLVESTER A.
R 91-339 26
LUKIS, FOR PROFESSIONAL LEGISLATIVE
5/9/91
CONSULTANT SERVICES CONCERNING FEDERAL
LEGISLATION WHICH IMPACTS ON THE CITY -
ALLOCATE $45,000 PLUS $3,000 FOR
REIMBURSABLE EXPENSES (Legislative
Liaison General Fund).
4.13
EXECUTE AMENDMENT TO AGREEMENT WITH
R 91-340 26
MARTIN LUTHER KING ECONOMIC DEVELOPMENT
5/9/91
CORPORATION, INC., RELATING TO ITS
NEIGHBORHOOD ECONOMIC DEVELOPMENT
PROGRAM (JANUARY 1 - JUNE 30, 1991) -
PROVIDE ADDITIONAL $25,000 FROM 16TH
YEAR CDBG FUNDS.
11
4.14
EXECUTE AMENDMENT TO AGREEMENT WITH
R 91-341
WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT
5/9191
CORPORATION, INC., RELATING TO ITS
NEIGHBORHOOD ECONOMIC DEVELOPMENT
PROGRAM (JANUARY 1 - JUNE 30, 1991) -
PROVIDE ADDITIONAL $25,000 FROM 16TH
YEAR CDBG FUNDS.
4.15
CODESIGNATE N.W. 1 AVENUE FROM N.W. 5
R 91-342
STREET TO N.W. 10 STREET AS: ARENA
5/9/91
BOULEVARD.
4.16
CODESIGNATE S.W. 1 STREET FROM S.W. 12
R 91-343
AVENUE TO S.W. 8 AVENUE AS: HUMBERTO
5/9/91
QUINONES, JR. WAY.
5.
DISCUSS AND DEFER PROPOSED RESOLUTION
DISCUSSION
AUTHORIZING AGREEMENT WITH OVERTOWN
5/9/91
ADVISORY BOARD FOR GRANT OF $100,000,
TO PROVIDE FOR SERVICES IN CONNECTION
WITH OVERTOWN COMMUNITY MASTER
DEVELOPMENT PLAN. (Deferred to June
13th.) [Note: This date was later
changed to June 30th.]
6.
EMERGENCY ORDINANCE: ESTABLISH NEW
ORDINANCE
SPECIAL REVENUE FUND: EASTERN AIRLINES
10880
DISLOCATED WORKER RETRAINING PROGRAM
5/9/91
(FY'91) JTPA TITLE III - APPROPRIATE
$207,400 FROM SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM GRANT AWARD -
AUTHORIZE MANAGER TO ACCEPT GRANT AWARD
AND ENTER INTO NECESSARY AGREEMENTS -
STIPULATE THAT AUTHORIZATION GRANTED
SHALL REMAIN VALID IF ANTICIPATED GRANT
AWARD IS REDUCED OR INCREASED.
7.
EMERGENCY ORDINANCE: ESTABLISH NEW
ORDINANCE
SPECIAL REVENUE FUND: SUMMER FOOD
10881
SERVICE PROGRAM FOR CHILDREN 1991 -
5/9/91
APPROPRIATE $277,881 GRANT FROM U.S.
DEPARTMENT OF AGRICULTURE (USDA) -
AUTHORIZE MANAGER TO EXECUTE NECESSARY
DOCUMENT(S).
8. AUTHORIZE METROPOLITAN DADE COUNTY (ON R 91-344
BEHALF OF THE CITY) TO ADVERTISE / 5/9/91
EVALUATE / ACCEPT BIDS FROM VENDOR(S)
TO PROVIDE USDA APPROVED MEALS TO
ELIGIBLE CHILDREN FOR CITY'S SUMMER
FOOD SERVICE PROGRAM - 1991.
9. SECOND READING ORDINANCE: AMEND CODE ORDINANCE
SECTION 4-10 (ALCOHOLIC BEVERAGES) - 10882
STANDARDIZE DISTANCE SEPARATION 5/9/91
REQUIREMENTS FOR ALCOHOLIC BEVERAGE
LICENSEES IN COMBINATION RESIDENTIAL
AND COMMERCIAL DISTRICTS TO 1,500
FEET - GRANT ZONING BOARD THE ABILITY
TO REDUCE DISTANCE SEPARATION
REQUIREMENTS FOR NON-C.O.P. PACKAGE
LIQUOR STORES.
26-27
27
27
28-29
29-31
32
33
33-34
A4
10.
SECOND READING ORDINANCE: CREATE NEW
ORDINANCE 35-39
CODE CHAPTER 45.5: PUBLIC NUISANCE -
10883
PROVIDE FOR CREATION OF NUISANCE
5/9/91
ABATEMENT BOARD; FILING AND HEARING OF
COMPLAINTS AGAINST BUILDINGS, PLACES OR
PREMISES ALLEGED TO BE A PUBLIC
NUISANCE; PROCEDURE FOR BOARD HEARINGS,
INCLUDING PRESENTATION OF EVIDENCE
REGARDING CRIME -RELATED ACTIVITY /
ANNOYING CONDUCT ON PREMISES LOCATED IN
MIAMI - PROVIDE FOR ENFORCEMENT
PROCEDURES AND PENALTIES; etc.
11.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE 39-44
CHAPTER 22 (GARBAGE AND TRASH) -
first reading
PROVIDE DEFINITION FOR: ROOMING AND
5/9/91
BOARDING HOUSES - PROVIDE FOR FIXED
ANNUAL WASTE FEES - INCREASE WASTE FEES
FOR COMMERCIAL GARBAGE SERVICES.
12.
FIRST READING ORDINANCE: AMEND 10760 -
ORDINANCE 44-45
(a) INCREASE APPROPRIATION TO SPECIAL
first reading
REVENUE FUND: JTPA TITLE IIA /
5/9/91
NEIGHBORHOODS JOBS PROGRAM (FY -91) (BY
$48,600 TO $571,800); (b) INCREASE
APPROPRIATION TO SPECIAL REVENUE FUND:
JTPA TITLE III / DISLOCATED WORKER (FY
191) (BY $2,550 TO $145,350).
13.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE 45-46
SECTION 53-135 - INCREASE CHARGES FOR
first reading
ORANGE BOWL STADIUM RESERVED PARKING
5/9/91
PASSES AND FOR GENERAL EVENT PARKING -
PROVIDE FOR APPLICATION OF THESE
INCREASED RATES FOR PARKING AT MIAMI
BOBBY MADURO BASEBALL STADIUM -
ELIMINATE SPECIFIED PARKING RATES FOR
UNIVERSITY OF MIAMI STUDENTS AT ORANGE
BOWL STADIUM.
14.
FIRST READING ORDINANCE; AMEND CODE
ORDINANCE 46-47
SECTION 2-75 - INCREASE FEES FOR ANNUAL
first reading
REINSPECTION OF BUILDINGS AND PREMISES
5/9/91
DEFINED AS CONVENIENCE STORES BY
CHAPTER 90-346, LAWS OF FLORIDA - TO
COVER INCREASES IN OPERATIONAL COSTS OF
ENFORCEMENT.
15.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE 47-48
SECTIONS 54-47 AND 54-48 (STREETS AND
first reading
SIDEWALKS, CONSTRUCTION AND REPAIR) -
5/9/91
CLARIFY REQUIREMENT OF RIGHT-OF-WAY
DEDICATION PRIOR TO ISSUANCE OF
PERMITS - ELIMINATE REQUIREMENT OF A
COVENANT PRIOR TO ISSUANCE OF PERMITS.
16.
EXECUTE AGREEMENTS FOR ONE-YEAR PERIOD
R 91-345 49
WITH: (a) PEOPLES NATIONAL BANK OF
5/9/91
COMMERCE, (b) HAMILTON BANK, AND (c)
CAPITAL BANK - ESTABLISH SPECIAL
DEPOSITORY BANK ACCOUNTS.
17.
DISCUSS AND DEFER PROPOSED RESOLUTION
DISCUSSION 50-51
ESTABLISHING PROCUREMENT POLICY FOR
5/9/91
CITY FAVORING WASTE -REDUCTION; CREATING
RECYCLING PROCUREMENT COMMITTEE; AND
IMPLEMENTING PROGRAM TO PURCHASE
COMMODITIES CONTAINING RECYCLED OR
RECYCLABLE CONTENT.
18. AUTHORIZE MANAGER TO ENTER INTO R 91-346
COLLECTIVE BARGAINING AGREEMENT BETWEEN 5/9/91
CITY AND INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO LOCAL 587
(OCTOBER 1, 1990 - SEPTEMBER 30, 1993).
19. SET PUBLIC HEARING CONCERNING M 91-347
DESIGNATION OF STREET IN COCONUT GROVE 5/9/91
IN HONOR OF THE LATE ALICE WAINWRIGHT
(FORMER CITY COMMISSIONER) - SET PUBLIC
HEARING FOR JUNE MEETING - STIPULATE
SAID CODESIGNATION SHALL NOT TAKE
PRECEDENCE OVER PRIOR CODESIGNATION
HONORING MILTON "BUTTERBALL" SMITH.
20. MAYOR SUAREZ MAKES PRESENTATION ON DISCUSSION
BEHALF OF CITY TO DELEGATION FROM 5/9/91
SISTER CITY KAGOSHIMA, JAPAN.
21. (A) PERSONAL APPEARANCE BY COUNTY DISCUSSION
COMMISSIONER ARTHUR TEELE GIVING AN 5/9/91
OVERVIEW OF THE METROPOLITAN DADE
COUNTY TRANSPORTATION INFRASTRUCTURE
PROGRAM WHICH CAN BE ACHIEVED THROUGH
IMPLEMENTATION OF THE ADDITIONAL 1Q
SALES TAX PROPOSED BY METROPOLITAN DADE
COUNTY.
(B) COMMISSIONER DAWKINS TAKES OFFENSE
AT SIGNS IN THE AUDIENCE INTIMATING HIS
ALLEGED LACK OF SUPPORT FOR PUBLIC
HOUSING.
22. DIRECT ADMINISTRATION TO DONATE 10 R 91-348
SURPLUS PATROL CARS, WHEN AVAILABLE, TO 5/9/91
CITY OF WEST MIAMI (EFFECTIVE MAY 9,
1991 - MAY 8, 1991).
23. (A) INSTRUCT MANAGER TO ALLOCATE $3,000 M 91-349
IN SUPPORT OF THE THEODORE R. GIBSON 5/9/91
UNITY DINNER.
(B) COMMISSIONER DAWKINS REQUESTS
$25,000 IN SUPPORT OF THE THEODORE R.
GIBSON ORATORTCAL DECLAMATION PROJECT,
AND $15,000 FOR KIZOMBA.
24. AUTHORIZE SPONSORSHIP OF THE DADE-MIAMI R 91-350
CRIMINAL JUSTICE COUNCIL - ALLOCATE 5/9/91
$35,000 (Law Enforcement Trust Fund).
25. DECLARE FULL SUPPORT FOR: HABITAT FOR R 91-351
HUMANITY OF GREATER MIAMI, INC., TO 5/9/91
BUILD AFFORDABLE HOUSING - RECOGNIZE
URGENT NEED FOR SKILLED VOLUNTEER
WORKERS AND EXPRESS WILLINGNESS TO
PROVIDE SKILLED CITY WORKERS
(CARPENTERS, PLUMBERS, ELECTRICIANS,
PAINTERS, MASONS AND BRICKLAYERS) -
ASSIGN HERBERT BAILEY TO COOPERATE WITH
STATE SENATOR CARRIE MEEK IN
IMPLEMENTATION OF THIS COMMUNITY PUBLIC
SERVICE PROJECT.
51-72
72-75
75-76
76-80
r1*101
81-83
83-84
85-86
26.
(A) APPROVE PURCHASE OF DIVE SUITS
R 91-352
86-93
SUITABLE FOR DIVING IN HAZARDOUS
5/9/91
MATERIALS - ALLOCATE $16,000 (Law
Enforcement Trust Fund).
(B) VICE MAYOR PLUMMER AGAIN PROTESTS
ASSIGNMENT OF REGULAR SWORN POLICE
OFFICERS AS SCHOOL CROSSING GUARDS -
POINTS OUT NON-USE OF THE WHOLE SECOND
FLOOR OF THE LITTLE HAVANA AND LIBERTY
CITY POLICE SUBSTATIONS - STRESSES
GREATER USE SHOULD BE MADE OF PUBLIC
SERVICE AIDES (PSAs) TO PERFORM OFFICE -
RELATED TASKS (e.g. POLICE REPORTS,
etc.) TO FREE SWORN POLICE OFFICERS TO
CONCENTRATE ON LAW ENFORCEMENT.
27.
APPROVE COMMITMENT OF FUNDS TO THE
R 91-353
93-94
ASPIRA PROGRAM - ALLOCATE $15,000 (LAW
5/9/91
ENFORCEMENT TRUST FUND).
28.
ACCEPT BID: ASSOCIATES CONSTRUCTION
R 91-354
94-97
CORPORATION - FOR GRAPELAND STORM SEWER
5/9/91
PROJECT - PHASE I B-5576 ($1,627,565)
(Project 352188).
29.
ACCEPT BID: RESOL, INC. - FOR
R 91-355
98
GRAPELAND STORM SEWER PROJECT - PHASE
5/9/91
II B-5578 ($1,365,365) (Project
352266).
30.
ACCEPT BID: SITE TECH ENGINEERING
R 91-356
98-99
CORP. - FOR DURHAM STORM SEWER PROJECT
5/9/91
B-5577 ($569,908) (Project 352193).
31.
ACCEPT BID: MARKS BROTHERS, INC. - FOR
R 91-357
99-101
DOWNTOWN HIGHWAY IMPROVEMENT PROJECT -
5/9/91
PHASE II - BID "B" B-4521 ($1,110,181)
(Project 341115).
32.
ACCEPT BID: MARKS BROTHERS, INC. - FOR
R 91-358
102-103
ORANGE BOWL AREA SANITARY SEWER
5/9/91
PROJECT - PHASE I B-5591 ($193,997.50)
(Project 351287).
33.
APPOINT INDIVIDUAL AS MEMBER OF CODE
R 91-359
103-104
ENFORCEMENT BOARD (Appointed was:
5/9/91
Maurice Pons).
34.
CONFIRM ASSESSMENT ROLL: N.W. 8 STREET
R 91-360
104-105
ROAD HIGHWAY IMPROVEMENT (DISTRICT H-
5/9/91
4520).
35.
CONFIRM ASSESSMENT ROLL: NORTH RIVER
R 91-361
105
DRIVE HIGHWAY IMPROVEMENT (DISRICT H-
5/9/91
4501).
36.
CONFIRM ASSESSMENT ROLL: CITYWIDE
R 91-362
105-108
HIGHWAY IMPROVEMENT - PHASE III
5/9/91
(DISTRICT 4516).
37.
CONFIRM ASSESSMENT ROLL: CITYWIDE
R 91-363
108-109
HIGHWAY IMPROVEMENT - PHASE IV
5/9/91
(DISTRICT H-4526).
38.
CONFIRM ASSESSMENT ROLL: CITYWIDE
R 91-364
109
SANITARY SEWER EXTENSION IMPROVEMENT -
5/9/91
S.W. 8 COURT (DISTRICT SR-5539-C).
39.
SECOND READING ORDINANCE: AMEND 11000
ORDINANCE
110-111
ZONING ATLAS - CHANGE CLASSIFICATION AT
10884
1712-1814 N.W. 22 PLACE FROM R-2 TWO
5/9/91
FAMILY RESIDENTIAL TO PR PARKS AND
RECREATION.
40.
AUTHORIZE MANAGER TO SUBMIT APPROVED
R 91-365
111-112
GRANT PROGRAM FINAL STATEMENT TO U.S.
5/9/91
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) - REQUEST $12,613,000
FOR CITY'S PROPOSED COMMUNITY
DEVELOPMENT PROGRAM DURING 1991-1992 -
AUTHORIZE MANAGER TO ACCEPT GRANT AND
EXECUTE NECESSARY AGREEMENTS.
41.
AUTHORIZE MANAGER TO SUBMIT AMENDMENT
R 91-366
112-131
TO APPROVED 15TH YEAR COMMUNITY
5/9/91
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FINAL STATEMENT TO U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) TO
REFLECT REALLOCATION OF FUNDS:
$700,000 FROM THE $1,000,000 ALLOCATED
FOR LAND ACQUISITION IN OVERTOWN - FOR
PURCHASE OF CAMILLUS HOUSE - TO MIAMI-
DADE COMMUNITY COLLEGE AS A LAND
ACQUISITION GRANT FOR EXPANSION OF
DOWNTOWN WOLFSON CAMPUS.
42.
SECOND READING ORDINANCE: ESTABLISH
ORDINANCE
131-138
NEW SPECIAL REVENUE FUND: COMMUNITY
10885
DEVELOPMENT BLOCK GRANT (SEVENTEENTH
5/9/91
YEAR) - APPROPRIATE $12,613,000 FROM
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) GRANT AWARD AND
$1,400,000 FROM COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM INCOME
(SEVENTEENTH YEAR), FOR TOTAL
APPROPRIATION OF $14,013,000.
43.
GRANT REQUEST FROM PUERTO RICAN
R 91-367
138-141
CULTURAL FOUNDATION FOR CERTAIN FEE
5/9/91
WAIVERS, RESTRICTION OF RETAIL
PEDDLERS, AUTHORIZATION FOR USE OF
PORTION OF BISCAYNE BOULEVARD -
CONCERNING PUERTO RICAN CULTURAL
PARADE.
44.
PERSONAL APPEARANCE: KIWANIS OF LITTLE
DISCUSSION
141-151
HAVANA - DISCUSS REMOVAL OF BLACK OLIVE
5/9/91
TREES TO BE REPLACED BY ROYAL PALM
TREES ON S.W. 8 STREET. (Reschedule
for next Commission meeting.)
45.
GRANT REQUEST BY MIAMI WHEELERS FOR
R 91-368
151-152
CLOSURE OF DESIGNATED STREETS
5/9/91
CONCERNING MIAMI WHEELERS BICYCLE RACE.
46.
SUPPORT AND ENCOURAGE PROPOSAL BY:
R 91-369
152-154
MIAMI'S TALENT PREVIEW, CONCERNING A
5/9/91
HALF-HOUR TELEVISION (TV) SHOW GEARED
TO CREATE OPPORTUNITIES FOR MIAMI'S
INTERNATIONAL PERFORMING COMMUNITIES.
47.
APPOINT VICE MAYOR J.L. PLUMMER, JR. AS
R 91-370
154-155
MEMBER OF COCONUT GROVE STANDING
5/9/91
FESTIVAL COMMITTEE.
48.
APPROVE CODESIGNATION OF S.W. 55TH
R 91-371
155-158
AVENUE ROAD FROM FLAGLER STREET TO S.W.
5/9/91
57TH AVENUE AS: HOWARD F. ANDERSON WAY.
0
e
49.
(A) AUTHORIZE FINAL NEGOTIATIONS FOR
M 91-372
LEASE OF OFFICE SPACE IN DUPONT PLAZA
M 91-373
BUILDING, 10 CONSOLIDATE ALL CITY
5/9/91
DEPARTMENTS PRESENTLY LEASING AT
DIFFERENT LOCATIONS.
(B) INSTRUCT MANAGER TO PREPARE
REQUEST FOR PROPOSALS (RFP) CONCERNING
CONSTRUCTION OF A NEW ADMINISTRATION
BUILDING FOR CONSOLIDATION OF ALL CITY
DEPARTMENTS - DIRECT MANAGER TO EXCLUDE
POSSIBILITY OF ACQUIRING AN EXISTING
BUILDING OF SIMILAR GENERAL
SPECIFICATIONS AS THOSE CONTAINED IN
THE RFP. (Manager to present the
specifications at Commission meeting on
June 13th.)
50.
AMEND RESOLUTION 91-12, WHICH
R 91-374
AUTHORIZED MANAGER TO LOAN $125,000 TO
5/9/91
Z-MART - STIPULATE NO PAYMENTS SHALL BE
MADE UNTIL TOTAL $1.7 MILLION FINANCING
PACKAGE OF Z-MART IS PUT TOGETHER AND
IN PLACE.
51.
INSTRUCT MANAGER TO OBTAIN APPRAISALS
M 91-375
FOR PROPERTIES AT: (a) S.W. 23 AVENUE
5/9/91
AND 8 STREET (SHEEHAN BUICK), (b) N.W.
CORNER OF S.W. 15 AVENUE AND 8 STREET
IN CONNECTION WITH THE LITTLE HAVANA
SPECIALTY CENTER PROJECT. (Instruct
Manager to present appraisals to the
May 23rd Commission meeting.) [R.K.W.:
Latin Quarter]
52.
DISCUSS AND TEMPORARILY TABLE
DISCUSSION
DISCUSSION CONCERNING DINNER KEY
5/9/91
BOATYARD JOINT VENTURE REORGANIZATION
(See label 60).
[R.K.W.: Merrill Stevens, litigation,
lawsuit, bankruptcy, eviction, lease,
Faison Enterprises.]
53.
INSTRUCT ADMINISTRATION TO MAINTAIN
M 91-376
PRESENT TRAFFIC REGULATORY SIGNS IN
5/9/91
NORTH COCONUT GROVE NEIGHBORHOOD (AS
SPECIFIED IN PLAN "B") - DIRECT
PLANNING DEPARTMENT TO PRODUCE SIMILAR
STUDY OF WHOLE AREA.
[R.K.W.: S.W. 28 Street, barricades,
one-way, Lucaya, Overbrook.]
54.
REAPPOINT INDIVIDUAL TO INTERNATIONAL
R 91-377
TRADE BOARD (Reappointed was: Marsha
5/9/91
Sanders).
55.
COMMISSION REFUSES TO CONSIDER
DISCUSSION
ALLEGATIONS MADE CONCERNING EXCESSIVE
5/9/91
USE OF POLICE FORCE - INVITES
INDIVIDUAL TO APPEAR AT MAY 23RD
MEETING (MANUEL GONZALEZ GOENAGA).
56.
EMERGENCY ORDINANCE: ESTABLISH SPECIAL
ORDINANCE
REVENUE FUND: FEDERATION
10886
INTERNATIONALE DES SOCIETES D'AVIRON
5/9/91
(FISA) - APPROPRIATE $45,000 AS GRANT
FROM METROPOLITAN DADE COUNTY TOURIST
DEVELOPMENT TAX REVENUES FOR 1991 FISA
REGATTA AT MARINE STADIUM - EXECUTE
NECESSARY DOCUMENT(S) WITH METROPOLITAN
DADE COUNTY.
158-192
192-195
195-206
206-219
219-230
230
231-232
232-233
57.
DECLARE FULL SUPPORT FOR SOUTH FLORIDA
R 91-378
233-234
SOCCER '94, INC. IN ITS EFFORTS TO HAVE
5/9/91
SOUTH FLORIDA COMMUNITY SELECTED AS
1994 WORLD CUP VENUE SITE AND WELCOME
1994 WORLD SOCCER CUP TO MIAMI.
58.
DECLARE FULL SUPPORT FOR SOUTH FLORIDA
R 91-379
234-235
SUPERBOWL COMMITTEE IN ITS EFFORTS TO
5/9/91
HAVE SOUTH FLORIDA COMMUNITY SELECTED
AS SITE OF 1995 SUPERBOWL AND WELCOME
1995 SUPERBOWL.
59.
APPROVE, IN PRINCIPLE, REPORT (COMMON
R 91-380
235-247
VISION) PRESENTED BY MEMBERS OF THE
5/9/91
NORTH EAST TASK FORCE.
60.
(Continued Discussion) RESCHEDULE
DISCUSSION
247-249
DISCUSSION CONCERNING DINNER KEY
5/9/91
BOATYARD JOINT VENTURE REORGANIZATION
FOR MAY 23RD MEETING (See label 52).
[R.K.W.: Merrill Stevens, Faison
Enterprises, marina, dock, lease,
bankruptcy, eviction, lawsuit]
61.
RESCHEDULE REGULAR PORTION OF MAY 23RD
R 91-381
249-250
COMMISSION MEETING TO BEGIN AT 2:00
5/9/91
P.M.; AND PLANNING & ZONING PORTION TO
BEGIN AT 4:00 P.M.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 9th day of May, 1991, the City Commission of Miami, Florida, met
at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami,
Florida in regular session.
The meeting was called to order at 9:12 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.
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1. PRESENTATIONS, PROCLAMATIONS, AND SPECIAL ITEMS.
(A) PROCLAMATION: WATER SAFETY MONTH - TO EMPHASIZE IMPORTANCE OF
SAFETY IN PREVENTING AQUATIC ACCIDENTS.
(B) COMMENDATION: MOST OUTSTANDING OFFICERS OF THE MONTH (APRIL):
RICHARD GENTRY, EUGENE EDWARDS AND JOSE FERNANDEZ.
(C) CERTIFICATE OF APPRECIATION: STUDENTS FROM ALLAPATTAH ELEMENTARY
SCHOOL - WINNERS OF MIAMI AT PEACE CONTEST.
(D) COMMENDATION: HEROICS DEMONSTRATED DURING STREET DISTURBANCE: GARY
EUGENE AND RAY CORNELL.
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1. Proclamation declaring the month of May as Water Safety Month to emphasize
the importance of safety in preventing aquatic accidents. Proclamation
requested by Miami Fire Chief C.H. Duke.
2. Commendations to Officer Richard Gentry, Officer Eugene Edwards and
Officer Jose Fernandez, for having been selected Most Outstanding Officers
of the Month for April, 1991.
3. Certificates of Appreciation awarded nine students from Allapattah
Elementary School, winners of the "Miami at Peace" contest.
4. Special recognition to Officers Raymond Cornell and Gary Eugene for the
exemplary and valorous performance they displayed in safely disarming an
antagonist and averting a civil disturbance.
1
May 9, 1991
Ll
n
NOTE FOR THE RECORD: On motion duly made by
Commissioner Dawkins and seconded by Commissioner
Alonso, the minutes of the Planning and Zoning
Commission meeting of February 28, 1991 were
unanimously approved.
2. COMMENTS BY COMMISSIONER DE YURRE CONCERNING OVER -PRUNING OF A TREE ON
MAIN HIGHWAY IN COCONUT GROVE. (Note: This item was temporarily tabled
but was not taken up again.)
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Commissioner De Yurre: Mr. Mayor, if we can before we get started with
today's agenda, I have a couple of items that I'd like to bring up. One of
them - and I'd like to address the administration - Cesar, I was driving by
this morning and I was alerted to it because I read it somewhere, I saw it
somewhere, they pruned totally, they almost decapitated a tree on Main,
Zanzibar - that restaurant that's there on the corner of Main and Commodore.
Mr. Odio: Yes, sir.
Commissioner De Yurre: They put in these tents. It looks like a tent city as
opposed to the umbrellas that usually go up...
Mr. Odio: Right.
Commissioner De Yurre: ...in the outdoor cafes. They put these tents on the
corner...
Mayor Suarez: Yes, I saw...
Commissioner De Yurre: ...and one of them didn't fit because a tree was
there, and they just chopped it right off, and they put it underneath.
Mayor Suarez: Those are not your usual umbrellas either, they're tents.
Mr. Odio: We'll send someone over there right now.
Mayor Suarez: That's a good description of it actually.
Commissioner De Yurre: I mean, like it's... I think it's gone a little bit
beyond what the scope of outdoor cafes as all about.
Mr. Odio: We will send someone over right away.
Dr. Louis Prieto: Can you say again the address.
Mr. Odio: It's Zanzibar.
Commissioner De Yurre: It's Zanzibar. The corner of Main and... can you come
back later on today with a report as to what they've done and who approved
that.
Mr. Prieto: Absolutely, right.
Commissioner De Yurre: Because we do the pruning. Who does the pruning of
those trees?
Mr. Prieto: Supposedly we do.
Mr. Odio: Public Works...
Commissioner De Yurre: Public Works.
Mr. Prieto: Yes.
2 May 9, 1991
0
•
Mr. Odio: ...would have to do it. Nobody else can do it.
Commissioner De Yurre: You know, the public sector out there, the people
can't come in and prune a tree.
Mr. Odio: No, they would have to ask for permits to do that, and they did.
Mr. Prieto: That's right, and...
Commissioner De Yurre: Well, find out what happened. If they got a permit,
or if they just did it on their own and without permission. Because it looks
really bad.
Mr. Odio: Yes.
Mr. Prieto: Right.
3. DISCUSSION REGARDING COMMISSION'S CONCERNS RELATED TO SECURITY ASPECTS
IN AND AROUND MIAMI ARENA - MANAGEMENT FIRM IN CHARGE OF ARENA (LEISURE
MANAGEMENT MIAMI ELMM]) CITED AS RESPONSIBLE FOR SECURITY ASPECTS -
GENERAL COMMENTS CONCERNING HIGH INCIDENCE OF CRIME CITYWIDE.
Commissioner De Yurre: OK. And the second point, Mr. Mayor, that I have to
bring up, and I bring it up as chairman of the Miami Sports and Exhibition
Authority. As we're well aware, we've been getting a lot of press dealing
with the security around the Arena. And there's a perception out there that
proliferates every time that the Herald writes a story about it, and it may
come out in the sports page, it may come out in the local news. But there's a
sense out there, and part of it is real, that the immediate area around the
Arena is not safe, particularly the exiting and the entering onto the ramps
for the expressway. And I have a letter which I'm sure the Commissioners have
seen, which is a letter from our Chief Ross directed to Robert Franklin, the
vice president of LMM (Leisure Management Miami), making suggestions as to how
the security can be improved around the Arena. And the area that affects us
here at the Commission, I'm bringing it up seeking support, is that he
recommends that four additional officers be put into the scheme of the Arena
for all events. And I know that there's always been a great deal of confusion
and maybe, you know, I'm sure there are some questions here that my fellow
Commissioners would like ask, as to who's responsible for what. But I believe
that certainly the ultimate responsibility as far as security of our patrons
at the Arena, which is certainly I would say our most significant asset that
the City has, has to fall on our shoulders. And we may later want to duke it
out as to internally with LMM, and the Sports Authority, and the City itself
as to who pays for what, but I think that we have to ensure that the patrons
will be secure. And the Chiefs plan is a good plan, and I'm bringing it
before you today seeking support for the deployment of four additional police
officers to each Arena event. We have here Bill Perry, the executive director
of the Miami Sports and Exhibition Authority, and we also have Robert
Franklin, the vice president as 1 mentioned before, of LMM.
Mayor Suarez: OK.
Commissioner Alonso: Yes, I have some questions. First, the cost of this
additional policemen.
Commissioner De Yurre: My understanding is that the cost is $18 per hour.
We're talking about four hours per event. So it's sixteen times eighteen per
event. Approximately we're looking at on the average of $5,000 a month for
the four additional police officers.
Commissioner Alonso: That includes overtime, benefits and everything? -the
$18?
Commissioner De Yurre: Well, they're getting paid straight time.
Commissioner Alonso: Off -duty policemen, it's $18?
Commissioner De Yurre: That's straight time.
3 May 9, 1991
11
r�
Mayor Suarez: Do we get a verification of figures? While you do that,
Commissioner Dawkins wanted to inquire.
Commissioner Dawkins: I need to clarify this whole situation. Somebody from
the administration needs to tell me whose responsibility it is to provide
security at the Arena. Now, the City of Miami has an agreement with Decoma.
Will somebody in the administration tell me what that agreement is?
Mr. Odio: Well, as far as the promoters or users of the Arena, as I
understand it, have to pay for security.
Commissioner Dawkins: Have to pay for what?
Mr. Odio: For security inside the Arena, if that's what you're talking about.
Commissioner Dawkins: OK. What does... Do we have an agreement with Decoma
or do we have a lease with Decoma? Or what do we have with Decoma?
Mr. Odio: The City has no agreements with anyone. It's the Sports Authority
with LMI to manage the Arena.
Commissioner Dawkins: All right, the Sports Authority reports to who?
Mr. Odio: To you.
Mayor Suarez: Us.
Mr. Odio: To you.
Commissioner Dawkins: So, therefore, the City Commission is the entity that
governs the Sport Authority. Is that a correct statement?
Mr. Odio: You know, I really don't know, because the Sports Authority have a
board of directors.
Commissioner Dawkins: OK, no problem. No, Mr. Mayor, that's an intelligent
answer. If you don't know, and you tell me you don't know. Then we can go
from there.
Mr. Odio: Technically...
Commissioner Dawkins: I don't have a problem with it, OK? Now, how much did
the City of Miami invest in the construction of the Arena?
Mr. Odio: The City of Miami did not invest any monies in the Arena.
Commissioner Dawkins: All right, who pays the... All right, how was the Arena
constructed? I mean, how was it financed?
Mr. Odio: With a convention sales tax...
Commissioner Dawkins: And the convention sales tax is the funding from who?
Mr. Odio: It's funding that is received from the... to this additional tax
that was passed. It comes directly to the Sports Authority...
Commissioner Dawkins: All right, so therefore, who pay the taxes? -the
citizens of Miami or who?
Mr. Odio: The users of hotels and our bed tax.
Commissioner Dawkins: But then, could you technically say that the money used
to pay the bonds is money that the citizens of the City of Miami contribute? -
technically?
Mr. Odio: Well, some citizens might.
Commissioner Dawkins: OK, good.
Mr. Odio: But it's not a users fee that the taxpayers would pay.
4 May 9, 1991
Commissioner Dawkins: Well, who retired the bond... Who's responsible for the
bond? Who backed...
Mr. Odio: The Miami and Exhibition Sports Authority.
Commissioner Dawkins: Beg your pardon?
Mr. Odio: The Sports Authority.
Vice Mayor Plummer: Eventually. The City of Miami had to come in and back
those bonds originally, or you would have never got off the ground.
Mr. Odio: No, we are out of that.
Vice Mayor Plummer: We ar•e now.
Mr. Odio: We are off that.
Vice Mayor Plummer: We are now.
Commissioner Dawkins: But the City of Miami...
Vice Mayor Plummer: But at the original, you would have never got the bonds
if this City didn't back the full faith and credit of this City, you'd have
never got them.
Commissioner Dawkins: And we took a million and a half dollars of taxpayers
money to make a ten million dollar bond. You only had bonding capacity, you
see, of eight and -a -half million dollars. That was the bonding capacity.
Then you came up with a million five of taxpayers' money to guarantee the
bond.
Mr. Odio: No, that was a separate oper... That was when we wanted to do the
Knight Center, and we wanted to do the Coconut Grove Exhibition Center. We
needed ten million dollars, and we had to pledge some revenues to do that.
Commissioner Dawkins: All right, what is Leisure Management?
Mr. Odio: Leisure Management is a subsidiary of Decoma. Am I right on
that? -because they got four... I don't know how many companies they have.
But it is a subsidiary of Decoma.
Commissioner Dawkins: All right, well what is the functions of Leisure
Management?
Mr. Odio: They are the managing agents that the Sports Authority hired to run
the Arena.
Mr. Odio: OK, all right.
Vice Mayor Plummer: Also part of Decoma.
Commissioner Dawkins: All right, now who is Leisure Management's landlord or
boss?
Mr. Odio: The Sports Authority.
Commissioner Dawkins: And who is the Sports Authority's boss?
Mr. Odio: The...
Commissioner Dawkins: The City of Miami. OK?
Mr. Odio: Right.
Commissioner Dawkins: Now, who does the Heat have a lease with?
Mr. Odio: LMI.
Commissioner Dawkins: Beg your pardon?
Mr. Odio: LMM, whatever, they...
5 May 9, 1991
Commissioner Dawkins: OK, Leisure Management. They have an agreement with
Leisure Management.
Mr. Odio: That is correct.
Commissioner Dawkins: Now, I want the press to be sure and hear this. The
City of Miami is not the landlord of the Miami Heat. Is that a correct
statement?
Mr. Odio: One hundred percent correct, Commissioner, we are not.
Commissioner Dawkins: So, therefore, when Pauline Winick, the media and all
of the talk shows...
Mr. Odio: Right.
Commissioner Dawkins: ...say that the City of Miami is trying to drive the
Heat out of Miami, the Heat is not our... we're not their landlord.
Mr. Odio: Absolutely not.
Commissioner Dawkins: We don't have anything to do...
Mr. Odio: None.
Commissioner Dawkins: ...with how the Heat functions or what have you. Is
that a correct statement?
Mr. Odio: None whatsoever.
Commissioner Dawkins: Now, let's go a step farther.
Vice Mayor Plummer: No, that's not a true statement.
Commissioner Dawkins: If Leisure Management...
Mr. Odio: Yes.
Commissioner Dawkins: ...is responsible for the Heat, and Leisure Management
has a lease and agreement with the Heat, then who's responsible for the Arena?
Mr. Odio: LMM.
Commissioner Dawkins: So if the Arena needs more security, who is supposed to
provide the security for the Arena?
Mr. Odio: The Miami Heat.
Commissioner Dawkins: No, no, no, no.
Mr. Odio: Yes, sir.
Commissioner Dawkins: No, no, no.
Mr. Odio: They should.
Commissioner Dawkins: The Miami Heat is a renter of Leisure Management.
Mr. Odio: Yes, but...
Commissioner Dawkins: It's Leisure Management and Decoma's responsibility to
make the area around the Arena safe for the patrons to attend the affairs.
Mr. Odio: It is to both advantages that is done...
Commissioner Dawkins: I'm damn, damn who's advantages it is. I said whose
responsibility. I don't care about whose advantage it is.
Mr. Odio: Yes. Technically, contract wise, the Heat is responsible for
paying for security.
6 May 9, 1991
i
Commissioner Dawkins: The Heat, no, no. You see, you are giving the Heat,
the press, and everybody the impression that we are beating up on the Miami
Heat.
Mr. Odio: We're not.
Commissioner Dawkins: Well, you are saying it's the Miami Heat's
responsibility. It is not the Heat's responsibility. The Heat has to
negotiate what it needs with its landlord.
Mr. Odio: Correct.
Commissioner Dawkins: The Heat's landlord is Leisure Management.
Mr. Odio: It's something that they both should work out.
Commissioner Dawkins: So, you see, my fellow Commissioners, the Manager and
Decoma are allowing us, the City Commission, to fight Decoma's battle. Decoma
has an argument with Leisure Management as to what can be provided and what
cannot be provided, what should be provided, and what should not be provided.
And everybody is making us look like the bad guy. Now, I'm going to make a
motion sometime today that if Leisure Management cannot provide that, that is
needed by the Heat, you look in the contract and see how you can void the
contract because they are not living up to the contract, they are not making
the area around the Heat secure - I mean the Arena. See, we're worried about
the Miami Heat. I'm worrying about all of the events that we have at the
Arena. If you need certain security for a Heat game, you need that same
security for the circus for these kids to go to, for "Holiday on Ice" for
these kids to go to, just like you need for the adults to go see the Heat.
And I'm not going to sit here and allow the Heat and Leisure Management to
shirk their responsibility off and give it to us. Now, one more thing, Mr.
Mayor, and I'll be finished. J.L. Plummer, you sat here and you watched Joe
Robbie demand everything from the City of Miami by telling us if we did not
meet his demands, he would move. Is that a correct statement?
Vice Mayor Plummer: Yes, sir.
Commissioner Dawkins: All right. We put in a beer system for Joe Robbie to
get all of the concessions off, but we never got a penny. Is that right?
Vice Mayor Plummer: Seven percent less than what was the highest offer.
Commissioner Dawkins: All right. The last thing Joe Robbie got from us
promising not to move was the National Football League instructed Joe Robbie
to put a tarpaulin over his football field to play on. We decided, you and I,
that Joe Robbie should buy the tarpaulin. Maurice Ferre, Joe Carollo, and
Demetrio Perez decided that the City of Miami should buy a $67,000 tarpaulin
for Joe Robbie. Is that a correct statement?
Vice Mayor Plummer: That's correct.
Commissioner Dawkins: And Joe Robbie still did what?
Vice Mayor Plummer: Moved.
Commissioner Dawkins: All right. Now the Miami Heat, through Leisure
Management, is telling the City of Miami, if you don't meet these agreements,
we're going to move. You know, it's the same game. The more we give, and the
citizens say you don't do this, and the people end up moving. I want you, Mr.
Manager, to schedule at the first meeting in September, a discussion of what
the City of Miami gave up, who went to bring the agreement that we sent to
Texas and how you and your people negotiated and brought back one that was
lousier. And tell me who's responsible for what and how and when. Mr. De
Yurre, I agree with you, the Miami Arena should be made safe for every event.
But I cannot vote with you to provide four more policemen for events that the
Heat, when the people who live within four blocks of the Miami Arena are there
24 hours a day. And nobody thinks that they need more police protection. But
because the Heat are there for an event or because there is an event in the
Heat, you're telling me that you want to provide four more policemen for that.
I will vote if you provide four more police for Overtown which would include
the Arena, and you give four more people to Coconut Grove, you give four more
policemen to Liberty City, you give four more policemen to Little Havana, you
7 May 9, 1991
_ give four more policemen to northeast Miami. And if you do that, then you got
my vote.
a
Vice Mayor Plummer: Mr. Mayor...
Mayor Suarez: Vice Mayor Plummer.
Vice Mayor Plummer: I think that the situation here... and I've asked for an
audit and I've yet to receive of LMNINIABCDEF. They play Campbell's Soup down
there with all of the letters that they try to diffuse any kind of a
situation. I yet have received an audit. I think that this Commission needs
to remember that, in fact, the Heat has one of the best sweetheart deals that
I have ever seen. They have a deal that says - it's not the golden parachute,
it probably is a diamond parachute - that they are responsible for expenses up
to "X" amount, and anything above that amount the Sports Authority has to pick
up. I've never seen a contract, that's why I voted against it, and we
have ... they, the Sports Authority really have no control over who their staff
is, their expenses or things of that nature. The City Commission, the City of
Miami, does not receive from the Sports Authority, Arena, i.e., any revenue
except that which they are paying us back in the way of the land lease.
That's all that we get back for them. I think the precedent that could be set
by this action as proposed is a dangerous one. Let's recall that we have
three other major facilities in this community. And all, each and everyone of
those facilities, the promoter pays for security. In the Orange Bowl, I think
that under normal circumstances, we have 130 policemen. They are providing
ten, as I understand it, at the Arena for fifteen thousand, which, if they put
it at seventy-five the Orange Bowl holds, would be 50 officers. They're
providing half what the promoters have to use in the Orange Bowl. And those
police officers that are working the Orange Bowl work from Flagler Street to
7th Street, from 12th Avenue to better than 17th Avenue. A hundred and thirty
policemen! Yet, for some reason, the Arena feels that with 15,000 people,
they only need ten. I have never understood that. It is not adequate and I
think that whoever is responsible, whether it's LMI, MNI, IRS, or whatever the
hell they are in that organization, should be the ones who are providing the
adequate security. It is their bottom line, to their advantage to make sure
that, that facility is safe because their revenue depends upon it. And if
that facility is not safe, and people don't use it, their revenue is going to
hurt also. Not the City's revenue, because we still get our $300,000 for a
land lease. So I think you've got to be very much aware. Mr. Mayor, I used,
just to give you an example, at the Marine Stadium, not a dangerous area by
anybody's stretch of the imagination, police and fire for my boat race over
there cost me $68,000 for two days. And we felt that what was needed, that
was what was adequate, and we paid for it out of the race money. And I'm just
saying that if you change this situation, every promoter in the future that
comes into the Orange Bowl, the Bobby Maduro Stadium, and the Marine Stadium
are going to say, hey - and rightfully so - we want the same deal as the
Arena. You pay for everything. And I don't think that we're in a position to
do that.
Commissioner De Yurre: Mr. Mayor, the concern that I have - and if we're
going to look at numbers, then I have to ask a logical question - and that has
to do with the weekends at Coconut Grove. How much money do we spend
Saturdays and Fridays in a three block area for how many people that visit
that sector? How much money do we spend, Cesar?
Mr. Odio: We have fifteen officers and on that...
Commissioner De Yurre: Today we have fifteen.
J Mr. Odio: Fifteen. Fourteen officers and one...
Commissioner De Yurre: We used to have 43.
Mr. Odio: I don't remember...
Commissioner De Yurre: I know yes, yes, yes.
Mr. Odio: OK. I don't know.
Commissioner De Yurre: Forty-three at time and a half. How much money is
that? And for how many hours were they out there?
8 May 9, 1991
Mr. Odio: That's a lot of money.
Vice Mayor Plummer: Well, you know, you want to...
Commissioner De Yurre: It gets into the millions.
Vice Mayor Plummer: Someday you want to carry that further, because you ought
to see where that time -and -a -half money is coming from. When the people come
down here from homicide and tell us that they don't have money for overtime,
you'll find that a great deal of homicide's money went to supply the Coconut
Grove detail on weekends.
Commissioner De Yurre: So, how many people...
Vice Mayor Plummer: It is true.
Commissioner De Yurre: How many people, on an average weekend night go to the
Coconut Grove area? Somebody has got to know, guys. I mean, like we don't
deploy 20 or 30 or 40 officers without knowing how many people go there.
Vice Mayor Plummer: That would be a tough thing to try to... It varies. I
mean, I've seen nights where you can't move down there, and other nights
that...
Commissioner De Yurre: Well, it certainly can't be at any given time, there
can't be more than 15,000 people there.
Mayor Suarez: No, it would not be 15,000 at any one time.
Commissioner De Yurre: No way, no how. OK?
Vice Mayor Plummer: It just seems that way.
Commissioner De Yurre: Now, if the City...
Mayor Suarez: It seems that way, but...
Commissioner De Yurre: You know, if we're talking about protecting something
that's important to us, which is the Coconut Grove area which is a unique
area, and we're willing to, at one given time, to put in 43 officers at time -
and -a -half, which would be like $27 an hour, then I think that the least that
we can do is to provide some security at the expressways particularly, which
is where a lot of the problem areas are occurring. People lined up, they have
to wait in line to get onto the expressway on the ramp, and that's where a lot
of the crime is being committed.
Vice Mayor Plummer: There's only one difference, Victor. The people of
Coconut Grove are the people who are the taxpayers. The Heat is a profit
making organization. That's the difference. And they're making... You know,
I'm not going to use what I heard this morning that they made fifty million
dollars last year, because I can't back that up, and I don't know, and it
seemed like a high number. But they didn't lose any money.
Commissioner De Yurre: You see, but you're bogged down with the Heat.
Vice Mayor Plummer: And they're a profit making organization. And if they
want to keep that profit up, they should be willing to do what is necessary to
keep that profit up.
Commissioner De Yurre: I got no problem with that, but I think you're bogging
down with the Heat. There are 180 some events at the Arena of which only
forty are the Heat.
Vice Mayor Plummer: Oh, I agree with that. I agree with that, the promoter
pays.
Commissioner De Yurre: You know, and we're talking about... there's a lot of
other things that happen at the Arena that are not Heat oriented. And my
concern is that, you know, we - this Commission - at one point in time made a
decision to put the Arena where it's at because of our commitment to
redevelopment, our commitment to the Overtown area. Now, you know, that's my
understanding of why it happened. Now, the thing is that, you know, we have
9 May 9, 1991
to protect a jewel of ours which is the Arena, a fifty some odd million dollar
investment that we have in that area. Miller.
Commissioner Dawkins: You're right, Commissioner. The Arena was put in that
area to enhance that area. Decoma made a verbal agreement to me that the
concessions in the Arena would go to black people. And after the Arena got, I
mean, Decoma got all of the things that it wanted, then they came back and
told me that they had a nationwide contract with Harry Stevens, and that Harry
Stevens does all of the concessions for the Arena. That's fine. Then they
came back and say they would hire people from that area. So you are right,
the promise was made to enhance the area, but Overtown, in my opinion, has
never - as J.L. Plummer said - as a citizen, received any benefits at all for
us sticking the Arena in their neighborhood.
NOTE FOR THE RECORD: At this point, Mayor Suarez
recognizes students from Sunset Elementary School who
were present in the chambers.
a
Mayor Suarez: Let me say something for the young people who are here from
Sunset, right? -Sunset Elementary. And Commissioner Dawkins was suggesting
that I do this, but it makes sense anyhow. It may help us to focus a little
bit better on it. What happens with a facility of this sort, the Arena that
you all see, and you see the name Miami Arena, and you see a team called the
Miami Heat playing there. In the old days a stadium of this sort was built by
a government, paid for by government, police officers that were put there
would be those that this Commission would decide, or some government body
would decide. Now days, it's a little bit more complicated than that. And it
involves, as you have heard, a company which actually partly funded, partly
financed the Arena. Most of the financing was actually provided by people
that use our hotels through the bed tax, involves another company that put up
the money to bring the Miami Heat to our community. I think the franchise
cost to them was $35,000,000. I guarantee you, none of us had $35,000,000 up
here. Just like major league baseball now will cost $95,000,000 for someone
to pay for the team, just for the right to have a team that plays and calls
themselves major league baseball, major league baseball team. Somebody has to
build the Arena and somebody has to provide security, and I certainly have
heard all the arguments here. We don't want to seem like we're adopting the
Miami Heat certainly, and taking care of all their security needs. But the
neighborhood is Overtown. It pays taxes, and it is entitled to having
sufficient officers to have traffic moved properly through there, and I hope
that... and I'm sure that in Commissioner De Yurre's proposal, there's not an
implication that we have any of what we saw the first few nights at the Arena,
which is that the police officers would try to tell you not to go a particular
way. And I had a run in with one of them who told me not to drive into
Overtown. And I said, well that's where I want to go. And he said, no, no,
you're supposed to get on the expressway. And I said, well, that's not where
I'm heading. So anyhow, it was a little battle there to convince them that I
didn't have to get on the expressway if I didn't want to. That I wanted to go
up 8th Street, I guess it was, and see how things were in Overtown that night.
And he really had been told. He told me, I've been ordered to tell people not
to go in that direction. Not to go west on 8th Street. That's not the
purpose. The purpose is to organize traffic. The purpose is to keep
people... there are some transactions taking place around the Arena. I'm
talking about the ones having to do with tickets for the events which - I
guess they can be done legally if you resell your ticket at the exact price
that you get it, what you have paid for it. You can resell it for that, I
think, if I know the law correctly. But you can't get more than what you
paid, and that's called scalping. We have a little bit of that going on, and
we have the occasional person that offers to park your car, and charges a very
large amount of money. We have occasional vandalism, not a heck of a tot - an
occasional crime in or about the Arena, not a heck of a lot, as was pointed
out by the Authority, I think, in a letter to the Herald, and by the Arena
management folks, whatever your name is. And it really would help if you had
just sort like one name, you know. We can't force you to, I suppose, but, you
know, in the future when the City deals with some entity, we would like to
know exactly who we're dealing with. I was not aware of the history of the
Harry Stevens situation. I always assumed that they were a local company. If
10 May 9, 1991
they're not, got a lot of problems with that, and from hearing Commissioner
Dawkins it sounds like they're not a local company.
Vice Mayor Plummer: Well, guess how many subleases they now have?
Mayor Suarez: How many?
Vice Mayor Plummer: They're not the entire thing. They have now other
subleases for concessions of the souvenirs, and they have other subleases.
And guess what? They collected money for the subleases.
Mayor Suarez: And I hope that those are to local companies. And if not,
we've got a problem. So anyhow, that kind of lays an explanation of what
we're dealing with. These are not easy issues for us, and they're
particularly difficult when the media does not properly report the
relationship. The relationship involves the City. Yes, we approve everything
the Sports Authority do. We have to approve the bonding, we have to approve
their budget, and the Sports Authority enters into agreements with the Arena
company for management of the Arena. The Arena then enters into agreements
with the different exhibitors there, with the Miami Heat, which is the
principal tenant, the largest tenant. And we kind of keep an eye on the whole
thing, and must approve almost every element of it, so we're sort of... we're
not the landlords, as was stated by Commissioner Dawkins correctly. But we
certainly oversee the entire situation and we get blamed certainly for things
that don't go right. So we have a responsibility, and most importantly, we
have a responsibility to the community of Overtown. It's been divided,
bifurcated, truncated by expressways. I think part of the reason sometimes
the Miami Herald misses out on some of the news that he spends all his time
eating and drinking. You see him over there. That's our Miami Herald
reporter. You see him. I want to suggest a free breakfast for Mr. Goldfarb
in my office before Commission meetings from 8:00 to 9:00, and no eating from
that point forward.
Commissioner De Yurre: Mr. Mayor, I'm going to make a motion. To me it is
very very important that we provide that sense of protection that is needed
for the Arena. I'm going to ask that this Commission approve the four
additional officers for the balance of this fiscal year, which is about five
months remaining, understanding that it's probably going to be less than the
$5,000 per month because this is a dead period of the season. There are no
basketball games. There aren't that many events that actually happen during
the summer months at the Arena. In our budget - the Miami Sports and
Exhibition Authority's budget - I'm going to request that we add or we
increase our budget by the amount of the four police officers because that
money is going to come from the penny tax. It's not going to be City of Miami
taxpayers' dollars. So that then the Sports Authority can take that
responsibility, and take care of business as far as those four additional
police officers that Chief Ross has recommended. So basically what I'm asking
for at this point in time is support for the balance of our fiscal year, it is
uppermost in my mind that the safety of the people has to come first. I'd
hate to see something happen that because we were bickering about whose
responsibility it is, that something happened that certainly nobody wants.
Vice Mayor Plummer: You're saying the money coming from the Sports Authority
budget.
Commissioner De Yurre: For next year.
Vice Mayor Plummer: No, no, this year.
Commissioner De Yurre: Well, you know, we cut it so much that we don't have
anything left.
Vice Mayor Plummer: Then you got to tighten your belt.
Commissioner De Yurre: Well, there's nothing else to tighten, J.L.
Vice Mayor Plummer: Fire somebody, or cut out one of your luxuries, that's
all. Now, you know, I'll second the motion if you're going to pay it from
that, and you're going to find a way to cut your line item budget by $60,000.
How many more months in your budget, let's....?
11
May 9, 1991
Pak
Mr. Bill Perry: Well, for this year, if I understand Commissioner De Yurre's
-. motion, it will be $30,000. Because half of the fiscal year is gone.
Vice Mayor Plummer: OK, fine, find a way to cut your budget by $30,000, and
I'll back you on it to that extent.
Mr. Perry: We've already cut our budget significantly. We brought it to this
Commission to reduce a $100,000. Just to, you know, give you some
quantification on the numbers, the Miami Arena, in conjunction with the
Authority, last year spent approximately $200,000 for security.
Vice Mayor Plummer: Bill, a budget is setting priorities. I agree with
Commissioner De Yurre, safety is a highest of all priorities. Now, as far as
I'm concerned, you find something in your budget for $30,000, and cut it out.
Whether it's one employee or one kind of a luxury, you find a way to cut it
out. Now, if that motion is that the money comes from the Sports Authority
from which you derive your revenue, the operation of that Arena, then I'll
vote with the motion. I'll second the motion.
Mr. Perry: Well, Commissioner Plummer, keep in mind that the convention
development tax receipts and the collections thereof have been reduced because
of the economy. And I don't know when you say, you know, take it from the
convention development tax, we are responsible...
Vice Mayor Plummer: No, sir, I said not from that, I said from your budget.
Your budget...
Mr. Perry: Well, our budget is funded through the convention development tax.
Vice Mayor Plummer: That's correct, sir. But you've got what? -a $600,000
budget annually?
Mr. Perry: Eight hundred fifty-two thousand, which was reduced by a hundred
thousand by this Commission approximately two months ago.
Vice Mayor Plummer: I understand that, sir. Just like my International Trade
Board, I had to reduce that budget by forty percent. And I did. All I'm
saying...
Mr. Perry: All right, and the year before that, our budget was reduced by
42.6 percent.
Vice Mayor Plummer: Sir, the argument today should not even be before this
City Commission. It should not even be here. That is between you - you, the
Sports Authority - and your tenant. We don't derive any revenue from that
facility. Now, if in... I say to you, provide the four men. Provide them,
they should be provided. But you find that $30,000 in your budget. Now, I'll
tell you what, you bring your budget here. I'll find a way to cut it. You
might not like it. OK? But I'll find a way for you. If you don't know how
to do it, you bring me your budget and I guarantee you, before this afternoon
is out, I'll show you a way to cut your budget by $30,000. OK?
Commissioner De Yurre: Mr. Mayor...
Vice Mayor Plummer: You might not like it at all, because it might affect
your salary and it might affect others' salaries, and it might affect a lot of
people. But I'll find a way to get your budget cut by thirty thousand for the
remainder of the year. Just that simple. Now, where is your priority?
Mr. Perry: We11, I see how we can do it. OK, my priority would be then to
look at the budget and as it relates to event sponsorship from some of these
items that come before us, like the boat race, we're working on the Miami mile
and what have you. We'll cut it out.
Vice Mayor Plummer: That's out. Hey, if that's...
Mayor Suarez: The boat race.
Commissioner Dawkins: The boat race is J.L. Plummer's pet turkey.
Vice Mayor Plummer: Is out.
12 May 9, 1991
Mayor Suarez: Right.
Commissioner De Yurre: How much money we got for that?
Vice Mayor Plummer: Whatever you had set aside, use it for this.
Mr. Perry: I think last year it was about thirteen thousand.
Commissioner De Yurre: How much?
Mr. Perry: Ten to thirteen thousand for last year.
Vice Mayor Plummer: Hey, there it is. There's two policemen right there. Go
ahead, let's go ahead. What's the rest?
Mr. Perry: Well, you have no more event sponsorship. We have about, if
you're talking about $30,000 that reduces our event sponsorship item which has
been reduced in half...
Vice Mayor Plummer: I'm not speaking to event sponsorship items.
Mr. Perry: The budget, that's the budget, that's within the budget.
Vice Mayor Plummer: I'm talking to a $800,000 budget. That's what I'm
talking to. And you can't convince me.
Mayor Suarez: Well, he gave you a pretty creative answer when he went into
boat races and stuff like that is...
Vice Mayor Plummer: Well, you know, that was a little bit of a low blow, but
I'll accept that, you know. I'll accept that. OK? Because now I'm going to
go for $50,000 cut instead of thirty.
Mr. Perry: But I'll bring it back to you, but that will be the first one we
start on.
Vice Mayor Plummer: Right, and yours will be the first salary that I look at.
Commissioner Dawkins: Now, that's dirty pool.
Vice Mayor Plummer: And your pension is gone. But other than that, we'll
talk about it. Now, I second the motion as long as the motion is amended to
read that the money comes from the Sports Authority budget.
Mayor Suarez: Well, I have a suggestion not knowing how the vote is going to
come out if, as you say, you'd like to look more at the budget and have the
item considered in the afternoon. In view of the fact that it's not on the
agenda, if you would withdraw the motion, Commissioner De Yurre, table
consideration of this pending your review of their budget and who knows that
we can't find something. Maybe it will end up being a compromise, the
thirteen plus seventeen, or fifteen and fifteen. I just think that if we can
at all do it, and if we can get a consensus up here to approve the $30,000, if
that's the fair estimate of what it cost...
Vice Mayor Plummer: There's no approval necessary for the thirty thousand
since it's coming from their budget. They have that authority.
Mayor Suarez: Well, that assumes that you have found something, and that's
why I'm proposing to table it in the hopes that you will...
Vice Mayor Plummer: No problem.
Mayor Suarez: ...and asking Commissioner De Yurre to withdraw the motion.
Now, if he wants to proceed the other way, then, you know, you take your lumps
as you will. But...
Commissioner De Yurre: I got to go, Mr. Mayor. You know, we can play games
up here, and we can do this and we can do that, but I feel that it is sensible
that for a five month period, that we provide that security. And the Sports
Authority has cut their budget from day one because J.L., from day one, wanted
it cut for whatever reason. I know there was a deal go... you know,
Blaisdell, he did and didn't do a whole bunch of things there that we weren't
13 May 9, 1991
pleased with. But certainly, I think that Bill Perry has done a great job
cutting that budget. He streamlined that Sports Authority and...
Mayor Suarez: Will you accept at least so much of the thinning of the budget
as has been done so far by the proposal to cut out special events funding
which gives us what? -thirteen thousand the remainder of the year?
Mr. Perry: No, it will probably be somewhat more than that because we do have
some more event sponsors that we'll be coming to...
Mayor Suarez: Or build in some amount that would come, in fact... You know,
we're getting awfully close to a situation where...
Commissioner De Yurre: Yes, we've got things like the Northwest Track.
Mr. Perry: Right.
Commissioner De Yurre: And that's a good program, we give them $10,000.
Mayor Suarez: All right, I was just saying...
Commissioner De Yurre: You know, we got the Budweiser that gets our support
too. There's a number of things that are important to the community.
Mayor Suarez: Because we're quibbling on figures. I was just saying that
we're getting...
Mr. Perry: If I could shed...
Mayor Suarez: Wait, wait, Bill. We're getting very close to a fifteen -
fifteen split, if you want to propose that. The Authority thin down their
budget by fifteen thousand the remainder of the fiscal year from special
events or wherever, creatively worked out by Bill and with a little help from
Vice Mayor Plummer who's very good at that. And fifteen thousand from the
City's general fund creatively worked out by the Manager, maybe your motion
would pass on that basis.
Commissioner De Yurre: OK, well let's do it. If the City puts up fifteen,
we'll come up with the rest for this fiscal year.
Mayor Suarez: On the matching fund basis.
Commissioner Dawkins: I will not...
Mr. Perry: Just to keep in mind, also when you look at all the arenas through
the NBA (National Basketball Association) throughout the league - this is just
_ a point of information - in many instances the City is the one that handles
the police protection in the neighborhood. We're talking about more than the
Arena. We're talking about the neighborhood. We have been meeting with the
Police Department, along with Rob Franklin of LMM, and they have agreed to
come to this particular number as well as reassigning, taking some of the
officers from the outside of the Arena - from the inside of the Arena to the
outside - depending upon these four additional officers.
Commissioner Dawkins: Mr. Mayor, I will make a... I'm going to make a
statement...
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I will vote with the motion if the motion includes
$15,000 to hire - from the general fund. Fifteen thousand dollars to hire
extra police in Overtown outside of the Arena, from the railroad track I call
it, west, put $15,000. Put $15,000 on Biscayne Boulevard to stop the
prostitutes in northeast Miami. Put $15,000 in Liberty City to arrest drug
addicts, drug sellers, dope sellers, and prostitutes on 17th Avenue in my
neighborhood. Put $15,000 in the budget to put extra police in Coconut Grove
on Grand Avenue and what have you. Then I can vote with the motion.
Commissioner De Yurre: South Grove.
Vice Mayor Plummer: Hell, the Police Department will take all of that money
and...
14 May 9, 1991
0 0 -
Commissioner Dawkins: Yes, south Coconut Grove, not that other part of the
Grove.
Vice Mayor Plummer: Put more policemen in the police station. We only have
200 there now, so I...
Commissioner Dawkins: Will you accept the amendment? -the maker of the
motion.
Commissioner De Yurre: I got no problem with that.
Commissioner Dawkins: All right, I'm voting with the motion.
Vice Mayor Plummer: Huh? Excuse me. Mr. Manager...
Commissioner Dawkins: All right, I'll second.
Vice Mayor Plummer: No, no, no.
Commissioner Dawkins: I'll second the motion then.
Vice Mayor Plummer: Where are you going to get that money from?
Commissioner Dawkins: The same damn place you got the fifteen thousand from.
Give me a break now. Give me a break.
Mr. Odio: We do not have the monies to do that.
Commissioner Dawkins: You all found fifteen thousand, so find all of it.
Mr. Odio: We do not have the money to do that. The Police Department right
now, I'm worried about their overtime and we just don't have the money to do
that, that kind of amount.
Commissioner Dawkins: You know, all of a sudden now, now we just sat up here,
went through this exercise of futility. We've got a class here. We haven't
even come to the first item on the agenda.
Vice Mayor Plummer: And this item shouldn't even be before us.
Commissioner Dawkins: This is a pocket item for you students.
Mayor Suarez: All right, well let's follow...
- Commissioner Dawkins: This is a pocket item. This isn't even on the agenda.
We haven't gotten to the first item on the agenda. And we sit up here and go
through all of this, and now, after we get through discussing it, lightening
strikes somebody up here doesn't know where the money is coming from.
Mayor Suarez: OK, on the motion, we're going to stick to procedure,
Commissioners, please, so we can get on to the consent agenda.
Commissioner Alonso: Yes, but Mr. Mayor, I'd like to make a comment.
Mayor Suarez: Commissioner Alonso, yes, absolutely.
Commissioner Alonso: I'm very surprised to see that the concern now about
crime when we see neighborhoods, crime going up 67 percent, and we don't get
the extra policemen in the area. So I don't see really how we are so
concerned about the Miami Arena, and we don't worry about the rest of the
neighborhoods. So this is amazing to me that we use all this time and come
and discuss about the Miami Arena, and we are so concerned. Then we look at
the rest of the crime, the City of Miami, and we just don't assign extra
policemen, we don't look for the extra funds to resolve the problems. This is
amazing to me.
Vice Mayor Plummer: One of these days, I've been saying it for years, this
Commission is going to have to seriously look at the Police Department.
Ninety million dollars and they don't have enough money.
15 May 9, 1991
Mayor Suarez: While we're on that general topic of additional police
officers, budgeting, proper deployments, officers that are in the station. I
think Vice Mayor Plummer stated as many as 200 etcetera. Mr. Manager, I have
a memo that has been in your desk for quite a few weeks which makes reference
to something I found in the Overtown Independent Panel Commission's report to
the effect of a hiring freeze. Whatever hiring freezes you have in place with
or without this Commission's approval as an administrative or as a policy
matter, I surely hope that we have not suspended our prior resolution of this
Commission to continue adding police officers, and to put them on the street
of course. And I don't know of any hiring freeze in the Police Department.
If there's a hiring freeze in the Police Department, I certainly would like to
know about it. It sounds to me like we're spending a lot of money for
overtime which costs us time -and -a -half and you could probably, if you got
people through the academy quicker and would stop talking about a hiring
freeze, would actually be able to have more officers for less money not having
to work overtime.
Commissioner Dawkins: I second that motion.
Mayor Suarez: And that, to me, is just bad administration. That's all I can
say about it, and I don't understand, how can we just say we have a hiring
freeze? I think this Commission is entirely correct to be worried about the
deployment in that department. We have a new chief. Hopefully, you will
bring us back a plan of deployment that answers all of these concerns. Gets
those officers... I wouldn't be surprised if you could provide four more
officers in that Overtown area around Arena events without any new budgeting.
But anyhow, in the meantime, we're not at that point yet, and I just hope that
we hear from you on that because Vice Mayor Plummer has been pointing this out
for many months, and so has Commissioner Dawkins. And Commissioner Alonso now
adds to the chorus of concern over crime in all the neighborhoods, and it's a
fair statement to say that our deployment is one of the most confusing systems
that I've seen in my entire life. It provides no stability whatsoever. Now,
it's all done by a computer which I already questioned. I really would like
to see some logic applied to it, and some stability so people know who the
officer is in their neighborhood. And all of those concerns should be
attended to by yourself and brought back to this Commission to see how we can
have better deployment. We have been increasing the budget now, I guess
$90,000,000. Which, folks, I want you to know and kids, $90,000,000 which is
our Police Department's budget, is 90 percent of all the money that we derive
from our principal source, which is real estate taxes. We get a $100,000,000
from real estate taxes, and $90,000,000 of it is just to run one department.
Of course, it's a very important department, and we have an increasingly
better department we're pleased and proud to see. We'd like to see a few of
them more live in the City of Miami, and working to negotiate... build that
into our negotiations with the unions etcetera, so that they get to take their
cars home, and then we see the patrol cars at home. But, back to the item.
Commissioner, if you are amending your motion, please let us know, and if not,
we really should get on to the regular agenda. You may or may not want to
table the item for later consideration of this Ccmmission.
Commissioner De Yurre: Well Mr. Mayor, I've got to follow with the chief's
recommendation. He has made a recommendation on his expertise about what is
needed to be addressed. We are talking about dollars... I'll go... this
weekend, I'll go down to the Coconut Grove section, and I'll see two, three
police officers standing around, doing their job, but when they can deployed
in a different fashion. I can understand having fifteen, twenty police
officers being on Grand and Douglas, and spread out, but let's face it, anyone
of us can go down there and we are paying time and -a -half...
Mayor Suarez: That's Grand and Main Highway.
Commissioner De Yurre: On Grand, in the Coconut Grove district, when I know
that we can take some of that money that's being put there and put it at the
arena to deal with this issue for the rest of this fiscal year. You know,
that's... and it's a clear cut thing. And there can't be too much amazement
on this Commission, about this being brought up today, because it's a fact,
it's been talked about, and we have to deal with it. We may not want to vote
for it, but it's a fact, and at least I, my conscience has to be clear that I
am doing my job, in trying to do, and avoid a possible situation that can be
avoided, because we're putting up fifteen thousand dollars ($15,000) and we
will come up with the rest. That's my motion.
16 May 9, 1991
i
Mayor Suarez: OK. So if there is no tabling and no modification of the
original motion, would you restate it please?
Commissioner De Yurre: That's it. My motion is that the City put up fifteen
thousand dollars ($15,000). The Sports Authority will come up with the rest
to cover this fiscal year - so that next year, the Sports Authority can add
this additional four police officers in their budget. We will request the
additional funding from the County, whatever we have to get the approval from,
so that we can go ahead and provide the protection that Police Chief Ross
deems appropriate for arena events. That's my motion.
Mayor Suarez: So moved.
Vice Mayor Plummer: Is Chief Ross in his recommendation, going to provide
that from his budget? I mean, it's easy to say, "Hey, do this, I've got
ninety million dollars ($90,000,000) but don't touch my money." It's easy for
the Sports to say, "Do this, but we don't have any money."
Mayor Suarez: The motion as made...
Vice Mayor Plummer: Now I am asking, where is the money coming from?
Mayor Suarez: The motion as made is fifteen from the Authority... rather
fifteen from the City and the rest to be provided by the Authority.
Commissioner De Yurre: From the Authority. You know, fine, if it can come
from the Police Department - I've got no problem with that. You know, the
thing is, we can ask fifteen... people to come up here and we give them forty-
five hundred for this, we give them three thousand for that - you know, let's
be realistic about it.
Commissioner Dawkins: But they are taxpayers.
Vice Mayor Plummer: Shhh...
Commissioner Dawkins: OK. No problem.
Vice Mayor Plummer: I'll tell you something. You know, I am about ready to
invoke the rule for one reason.
Commissioner Dawkins: Oh, here we go. You guys listen. Here we go again.
Now, this is an exercise in verbiage, verbiage, verbiage. Here we go.
Vice Mayor Plummer: You know...
Mayor Suarez: Well, he hasn't invoked it, and I appreciate his not having
invoked it, because we are ready to call...
Vice Mayor Plummer: Miller, you know, you get the calls, and I get the calls.
With the average response time today, from the Police Department for a burglar
alarm call, is running almost an hour.
Commissioner Alonso: Or not at all.
Vice Mayor Plummer: Almost an hour. Or none at all.
Commissioner Alonso: If they call from a restaurant up to 911, a man is with
a gun, and no one responds the call. Something is very wrong.
Vice Mayor Plummer: Who do we serve?
Commissioner Alonso: But now we are talking about problem of a business who
makes money.
Vice Mayor Plummer: Do we serve the people of this town who are getting
robbed? - their places broken into? Or do we serve the Heat? I think my
commitment is to the people of this community.
Mayor Suarez: May I suggest that we end the philosophizing, folks.
Commissioners, please, let's vote on this item one way or the other. We all
know how we stand. We have a motion on the floor. Is there a second for the
motion as stated? Do you want to amend it, Commissioner De Yurre, to say that
17 May 9,1991
fifteen thousand of these dollars must be found from within the existing
Police Department budget? Or, are you not going to amend it that way?
Commissioner De Yurre: Well, that's fine. I don't care where it's found. We
need it. You know, we make three hundred thousand...
Vice Mayor Plummer: I'll amend it that the four policemen for thirty thousand
be approved, and that the money comes from the Sports Authority budget.
Commissioner De Yurre: Well, it ain't there. We are willing to come up with
half.
Vice Mayor Plummer: The Manager is saying, we haven't got it.
Mayor Suarez: The mover is not accepting that amendment, so you can make a
substitute motion if you'd like, but let me just see if...
Commissioner De Yurre: You know, we've got three hundred thousand dollars
($300,000) that we get from the arena on that land lease. You know, put
fifteen... five percent of it back. That's all.
Vice Mayor Plummer: Well, let's see if your motion gets a second.
Commissioner De Yurre: That's it.
Mayor Suarez: All right. On the motion which is fifteen thousand to be
provided from general revenues, and certainly, that would be looking at the
Police Department budget, and the rest from the Authority. That is the motion
as stated. Do we have a second? Do we have a second for the motion? All
right, before I do it three times, I'll second the motion. Vice Mayor, it's
your...
Vice Mayor Plummer: All right, the motion is on the floor, and I want to say
that if the motion fails, that I am in fact going to offer the same motion
from the Sports Authority budget. There is a motion made, fully understood,
half from the Sports Authority, and half from the City budget, which the
Manager says, we don't have. Is there any further discussion? Hearing none,
call the roll.
ON MOTION DUTY MADE BY COMMISSIONER DE YURRE AND SECONDED BY MAYOR
SUAREZ, THE ABOVE MOTION FAILED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller Dawkins
Commissioner Miriam Alonso
Vice Mayor J.L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: I'm voting no, because I think that the security around
the arena is the responsibility of the Leisure Management, and Leisure
Management should provide the money to pay for the police, therefore, I have
to vote no.
Vice Mayor Plummer: You know how I vote, the answer is no.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: OK.
Vice Mayor Plummer: Mr. Mayor, I make a motion at this time...
Mayor Suarez: Secondary motion, yes. Same topic.
Vice Mayor Plummer: In concurrence with Chief Ross who speaks, but provides
no funds, I make a motion at this time that the security be approved, and that
the money be found in the Sports Authority budget. I so move.
18 May 9,1991
i
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1
Mayor Suarez: So moved. Do we have a second on that motion? - to find the
money within the Sports Authority budget? Do we...?
Vice Mayor Plummer: Which we know already where half of it is.
Mayor Suarez: We expected... yes, that at least half will be available. Do
we have a second on that motion? Do we have a second on the motion, going
three times? OK. Motion dies for the lack of a second. Any other motions?
If not, we are going to begin with our consent agenda.
Mayor Suarez: Consent agenda consists of item CA-1 through CA-17. Quite a
few items, or a few items have been removed, I believe at the req...
Vice Mayor Plummer: Mr. Mayor, just... Mr. Perry, the dialogue between you
and I, I think you're still the best man that they have ever had in that
arena. I want that on the record. I want you to know, that the boat race
will not take place this year, and that fifteen thousand should be immediately
taken to hire more security even though, it's only half that's recommended.
Mayor Suarez: I would also hope that the Manager would look at the Police
Department budget for additional ways of finding the resources to deploy the
officers that are needed. I think we all agree on that.
Vice Mayor Plummer: I can tell you how to do that without any problem.
Mayor Suarez: Exactly. And that the City not simply pass on the problem to
the Sports and Exhibition Authority. And we do commend you for continuing to
make your budget a little bit tighter, Bill.
4. CONSENT AGENDA
Mayor Suarez: All right, item CA-1 through CA-17. How many have been pulled
out? I know Commissioner Dawkins has been religiously following the practice
of, in advance of the Commission meeting, more than twenty-four hours in
advance, which I appreciate, because it helps us to plan, asking for items to
either be clarified to his satisfaction, or pulled. And we have been
following up with the memos on that.
Mr. Odio: The consent agenda CA-9, and CA-15.
Vice Mayor Plummer: Have been pulled?
Mr. Odio: Yes.
Vice Mayor Plummer: Withdrawn?
Mayor Suarez: Is either one of those going to become a regular item?
Commissioner Dawkins: Yes.
Mr. Odio: For the next meeting.
Commissioner Dawkins: Fifteen, yes.
Mayor Suarez: OK. Item fifteen I thought was going to be handled separately,
which we will.
Commissioner Dawkins: Nine, we can handle today.
Mayor Suarez: And Nine...
Commissioner Dawkins: I've been... Mr. Manager, I have... they have explained
nine to me, so I am ready to go on that.
Mr. Odio: OK.
Mayor Suarez: OK. Great. One nine, we are OK. So all items except item...
19 May 9,1991
s
Vice Mayor Plummer: Nine is back in?
Mayor Suarez: Yes. Except item CA-15, which will be handled separately at
the properly made request. Any other items, general public?
Vice Mayor Plummer: Mr. Mayor, I would like to pull item 5.
Mayor Suarez: Can you try to clarify that in accordance with our policy
please?
Vice Mayor Plummer: The question I have on item 5 is, where is the money
coming from. Is this in the ninety million dollar ($90,000,000) budget of the
Police Department, or is this outside of it?
Mr. Odio: It's in the operating budget account. Yes.
Vice Mayor Plummer: Of the Police Department?
Mr. Odio: Yes.
Vice Mayor Plummer: Or the operating of the City?
Mr. Odio: Of the Police Department.
Vice Mayor Plummer: It comes out of their ninety million?
Mr. Odio: Of course.
Vice Mayor Plummer: I withdraw.
Mr. Odio: And it's not ninety, it's eighty-five.
Vice Mayor Plummer: It's more than ninety. It's over a hundred.
Mr. Odio: OK. From the operating budget of the Miami Police Department.
Mayor Suarez: Any further clarification on that?
Vice Mayor Plummer: The only reason I asked is, Mr. Manager, why is it on the
agenda for us, if it's a normal budgeted item?
Mr. Odio: This is a purchase of services, and we have to bring it to you.
Mayor Suarez: OK. Anything further on CA-5?
Mr. Odio: I thought you would know that by...
Mayor Suarez: What items did you want pulled?
Ms. Anne Marie Adker: I wanted an explanation on CA...?
Mayor Suarez: OK. CA-15 is going to be held separately Anne Marie. If you
would please take a seat, we're going to get to CA-15. That's going to be
handled separately. It won't be part of the agenda - of the consent agenda.
Commissioner Alonso: So CA-15... Mr. Mayor, CA-15 is no longer withdrawn
then?
Mayor Suarez: Well, you don't know yet.
Commissioner Dawkins: I'll explain it... let me explain it to her.
Mayor Suarez: But we will get to it. We handling it separately. Let's do
the consent agenda. We will get to it in a second. Please.
Commissioner Dawkins: OK.
Mayor Suarez: Mr. Mc Bride.
Mr. John Mc Bride: As CA-9, in favor of... we were here to speak in favor of
CA-9.
20 May 9,1991
Mayor Suarez: OK. The way it's going, it looks favorably, so if no one pulls
it, or asks for clarifications, we will take note of the fact that you
support, on behalf of the association presumably, CA-9. Anything further on
the consent agenda? If not, I will entertain a motion as to all of it, except
CA-15.
a Commissioner Dawkins: Move it.,
Mayor Suarez: Moved.
Commissioner Alonso: Excuse me.
Mayor Suarez: Yes, Commissioner Alonso.
Commissioner Alonso: CA-9 is back?
Commissioner Dawkins: Yes, ma'am.
Mayor Suarez: OK.
Commissioner Alonso: OK. Thank you.
Mayor Suarez: Thank you. As to all of it, except CA-15, we have a motion.
Do we have a second?
Commissioner Alonso: Second, yes.
Mayor Suarez: Thank you. Any discussion? If not, please call the roll.
ON A MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY
COMMISSIONER ALONSO, THE CONSENT AGENDA, WITH THE ABOVE CITED
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.
4.1 ACCEPT BID: LCR CONSULTANTS, INC. - FOR FURNISHING GROUNDS MAINTENANCE
SERVICES AT COCONUT GROVE CONVENTION CENTER.
RESOLUTION NO. 91-328
A RESOLUTION ACCEPTING THE BID OF LCR CONSULTANTS,
INC. FOR FURNISHING GROUNDS MAINTENANCE SERVICES AT
THE COCONUT GROVE CONVENTION CENTER FOR THE
DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC
FACILITIES ON A CONTRACT BASIS FOR ONE (1) YEAR
RENEWABLE ANNUALLY FOR THREE (3) ADDITIONAL ONE (1)
YEAR PERIODS UPON THE SAME TERMS AND CONDITIONS AT A
TOTAL PROPOSED FIRST YEAR COST OF $5,184.00;
ALLOCATING FUNDS THEREFOR FROM THE 1990-91 OPERATING
BUDGET ACCOUNT CODE NO. 350201-340; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE
AND THEREAFTER TO EXTEND THIS CONTRACT ANNUALLY
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
21 May 9,1991
4.2 ACCEPT BID: WEATHERTROL CORPORATION - FOR FURNISHING AND INSTALLATION
OF A MARLEY QUADRAFLOW WATER TOWER AT DON HICKMAN ADMINISTRATION
BUILDING (Project 311023).
RESOLUTION NO. 91-329
A RESOLUTION ACCEPTING THE BID OF WEATHERTROL
CORPORATION FOR FURNISHING AND INSTALLATION OF A
MARLEY QUADRAFLOW WATER TOWER AT THE DON HICKMAN
ADMINISTRATION BUILDING FOR THE DEPARTMENT OF
GENERAL SERVICES DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION/SOLID WASTE, PROPERTY MAINTENANCE
DIVISION AT A TOTAL PROPOSED AMOUNT OF $26,368.00;
ALLOCATING FUNDS THEREFOR FROM THE CAPITAL
IMPROVEMENT PROJECT NO. 311023, ACCOUNT CODE NO.
429304-670 ($25,000.00) AND OPERATING BUDGET ACCOUNT
CODE NO. 420401-726 ($1,368.00); AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT
AND SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.3 ACCEPT BID: CARRIER BUILDING SYSTEMS AND SERVICES, INC. - FOR
FURNISHING MAINTENANCE SERVICES TO AIR CONDITIONING SYSTEMS AT MIAMI
POLICE DEPARTMENT HEADQUARTERS FACILITY AND DON HICKMAN ADMINISTRATION
BUILDING.
RESOLUTION NO. 91-330
? A RESOLUTION ACCEPTING THE BID OF CARRIER BUILDING
SYSTEMS AND SERVICES, INC. FOR FURNISHING
MAINTENANCE SERVICES TO THE AIR CONDITIONING SYSTEMS
AT THE MIAMI POLICE DEPARTMENT HEADQUARTERS FACILITY
AND DON HICKMAN ADMINISTRATION BUILDING FOR THE
—` DEPARTMENT OF GENERAL SERVICES ADMINISTRATION
BUILDING FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE, PROPERTY MAINTENANCE
DIVISION, ON A CONTRACT BASIS FOR (1) YEAR RENEWABLE
ANNUALLY UPON THE SAME TERMS AND CONDITIONS FOR FOUR
(4) ADDITIONAL ONE (1) YEAR PERIODS AT A TOTAL
PROPOSED FIRST YEAR COST OF $49,056.00; ALLOCATING
FUNDS THEREFOR FROM THE 1990-91 OPERATING BUDGET
ACCOUNT CODE NO. 420401-670; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS SERVICE AND
THEREAFTER TO EXTEND THIS CONTRACT ANNUALLY, SUBJECT
TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
22 May 9,1991
r]
4.4 ACCEPT BIDS: (a)
AND PILAR MARTINEZ
SERVICE ($4,370) -
DEPARTMENT.
J. BALSERA SCHOOL BUS SERVICE ($11,700), (b) MANOLIN
BUS ($6,039), AND (c) CARLOS & SUSANA HERNANDEZ BUS
FOR FURNISHING BUS TRANSPORTATION SERVICES TO PARKS
RESOLUTION NO. 91-331
A RESOLUTION ACCEPTING THE BID OF J. BALSERA SCHOOL
BUS SERVICE IN THE AMOUNT OF $11,700.00, MANOLIN AND
PILAR MARTINEZ BUS IN THE AMOUNT OF $6,039,000, AND
CARLOS AND SUSANA HERNANDEZ BUS SERVICES IN THE
AMOUNT OF $4,370.00 FOR FURNISHING BUS
TRANSPORTATION SERVICES TO THE DEPARTMENT OF PARKS
AND RECREATION AT A TOTAL PROPOSED COST OF
$22,109.00; ALLOCATING FUNDS THEREFOR FROM THE 1990-
91 GENERAL FUND ACCOUNT CODE NO. 580301-530;
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.)
4.5 ACCEPT BID: TERRY PARKE - FOR FURNISHING BLACKSMITH / FARRIER SERVICES.
RESOLUTION NO. 91-332
A RESOLUTION ACCEPTING THE BID OF TERRY PARKE FOR
FURNISHING BLACKSMITH/FARRIER SERVICES TO THE
DEPARTMENT OF POLICE ON A CONTRACT BASIS FOR ONE (1)
YEAR RENEWABLE FOR FOUR (4) ADDITIONAL ONE (1) YEAR
PERIODS UPON THE SAME TERMS AND CONDITIONS AT A
TOTAL FIRST YEAR COST NOT TO EXCEED $8,000.00;
ALLOCATING FUNDS THEREFOR FROM THE 1990-91 OPERATING
BUDGET ACCOUNT CODE NO. 290201-270; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE
AND THEREAFTER TO EXTEND THIS CONTRACT ANNUALLY,
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.6. AUTHORIZE PURCHASE FROM SUNSHINE TRUCKING INC. OF 7000 TONS OF LIMEROCK
FOR ADDITIONAL CONSTRUCTION OF VIRGINIA KEY YARD WASTE COMPOSTING SITE
(Project 197003).
RESOLUTION NO. 91-333
A RESOLUTION AUTHORIZING THE PURCHASE OF 7000 TONS
OF LIMEROCK NEEDED FOR ADDITIONAL CONSTRUCTION OF
THE VIRGINIA KEY YARD WASTE COMPOSTING SITE FROM
SUNSHINE TRUCKING INC., UNDER EXISTING DADE COUNTY
BID NO. 1168-8-91 AT A TOTAL PROPOSED COST NOT TO
EXCEED $30,000,00; ALLOCATING FUNDS THEREFOR FROM
THE 1990-91 SOLID WASTE REDUCTION: RECYCLING AND
EDUCATION SPECIAL REVENUE GRANT FUND, PROJECT NO.
197003, ACCOUNT NO. 320306-750; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
23 May 9,1991
4.7 CLAIM SETTLEMENT: PNM CORPORATION ($40,833.80).
RESOLUTION NO. 91-334
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO PNM CORPORATION, WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $40,833.80 IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, IN CIRCUIT COURT
CASE NO. 91-5178-CA-21, UPON THE EXECUTION OF A
RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL
CLAIMS AND DEMANDS, SAID MONIES THEREFOR ALLOCATED
FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE
TRUST FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.8 CLAIM SETTLEMENT: EUTYCHUS AND GLORIA ROLLE ($40,000).
RESOLUTION NO. 91-335
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO EUTYCHUS ROLLE AND GLORIA ROLLE, WITHOUT THE
ADMISSION OF LIABILITY, THE SUM OF $40,000.00 IN
FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, IN CIRCUIT
COURT CASE NO. 90-17802 CA(17), UPON THE EXECUTION
OF A RELEASE RELEASING THE CITY OF MIAMI FROM ANY
AND ALL CLAIMS AND DEMANDS, SAID MONIES THEREFOR TO
BE ALLOCATED FROM THE CITY OF MIAMI SELF-INSURANCE
AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.9 AUTHORIZE ONETIME WAIVER OF MAINTENANCE REQUIREMENTS FOR USE / TENANCY
OF CITY -OWNED GARDEN CENTER IN SIMPSON PARK BY COUNCIL OF GARDEN CLUB
PRESIDENTS OF DADE COUNTY - AUTHORIZE ADMINISTRATION TO PROCEED WITH
REPAIRS.
RESOLUTION NO. 91-336
A RESOLUTION AUTHORIZING A ONETIME WAIVER OF
MAINTENANCE REQUIREMENTS IN EFFECT UNDER THE
EXISTING AGREEMENT FOR THE USE/TENANCY OF THE CITY -
OWNED GARDEN CENTER IN SIMPSON PARK BY THE COUNCIL
OF GARDEN CLUB PRESIDENTS OF DADE COUNTY AND
AUTHORIZING THE ADMINISTRATION TO PROCEED WITH
REPAIRS TO SAID STRUCTURE, SUBJECT TO SUCH
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY
THE ADMINISTRATION OF THE CITY OF MIAMI; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR THIS PURPOSE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
24 May 9,1991
4.10 EXECUTE AGREEMENT WITH PROPERTY OWNER FOR ACQUISITION OF PARCEL (#06-03)
WITHIN OVERTOWN COMMUNITY DEVELOPMENT TARGET AREA TO BE USED FOR
_ DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES -
_ ALLOCATE FUNDS FROM 1976 HOUSING GENERAL OBLIGATION BONDS (AFFORDABLE
HOUSING PROGRAM - Project 321024).
RESOLUTION NO. 91-337
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO MAKE AN OFFER AND EXECUTE AN AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE
PROPERTY OWNER FOR ACQUISITION OF ONE (1) PARCEL
(PARCEL NO. 06-03) WITHIN THE OVERTOWN COMMUNITY
DEVELOPMENT TARGET AREA, AND WHICH IS MORE
PARTICULARLY AND LEGALLY DESCRIBED IN THE ATTACHED
EXHIBITS "A" AND "B", TO BE USED FOR THE DEVELOPMENT
OF HOUSING AFFORDABLE TO LOW AND MODERATE INCOME
FAMILIES IN CONNECTION WITH THE AFFORDABLE HOUSING
PROGRAM; ALLOCATING FUNDS FROM THE 1976 HOUSING
GENERAL OBLIGATION BONDS AUTHORIZATION UNDER THE
AFFORDABLE HOUSING PROGRAM, PROJECT NUMBER 321024,
INDEX CODE 5991019 FOR ACQUISITION OF THE SUBJECT
PROPERTY; AND AUTHORIZING THE CITY ATTORNEY TO
PROCEED TO CLOSE ON THE SUBJECT PARCEL AFTER
EXAMINATION OF THE ABSTRACT AND CONFIRMATION OF
OPINION OF TITLE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.11 EXECUTE AGREEMENT WITH PROPERTY OWNERS FOR ACQUISITION
AND 04-17 WITHIN WYNWOOD COMMUNITY DEVELOPMENT TARGET
FOR DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND
FAMILIES (IN CONNECTION WITH CITY SPONSORED SCATTERED
HOMEOWNERSHIP DEVELOPMENT PROGRAM) - ALLOCATE FUNDS
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
ACQUISITION PROGRAM - Project 321026).
RESOLUTION NO. 91-338
OF PARCELS O4-13
AREA TO BE USED
MODERATE INCOME
SITE AFFORDABLE
FROM 11TH YEAR
(CITY-WIDE LAND
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO MAKE AN OFFER AND EXECUTE AN AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE
PROPERTY OWNERS FOR ACQUISITION OF TWO (2) PARCELS
(PARCEL NOS. 04-13 AND 04-17) WITHIN THE WYNWOOD
COMMUNITY DEVELOPMENT TARGET AREA, AND WHICH ARE
MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE
ATTACHED EXHIBITS "A" AND "B", TO BE USED FOR THE
DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND
MODERATE INCOME FAMILIES IN CONNECTION WITH THE CITY
SPONSORED SCATTERED SITE AFFORDABLE HOMEOWNERSHIP
DEVELOPMENT PROGRAM; ALLOCATING FUNDS FROM THE 11TH
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM UNDER
THE CITY-WIDE LAND ACQUISITION PROGRAM, PROJECT
NUMBER 321026, INDEX CODE 599101, FOR ACQUISITION OF
THE SUBJECT PROPERTIES; AND AUTHORIZING THE CITY
ATTORNEY TO PROCEED TO CLOSE ON THE SUBJECT PARCELS
AFTER EXAMINATION OF THE ABSTRACT AND CONFIRMATION
OF OPINION OF TITLE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
25 May 9,1991
4.12 EXECUTE AGREEMENT WITH SYLVESTER A. LUKIS, FOR PROFESSIONAL LEGISLATIVE
CONSULTANT SERVICES CONCERNING FEDERAL LEGISLATION WHICH IMPACTS ON THE
CITY - ALLOCATE $45,000 PLUS $3,000 FOR REIMBURSABLE EXPENSES
(Legislative Liaison General Fund).
RESOLUTION NO. 91-339
A RESOLUTION , WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH SYLVESTER A. LUKIS, FOR
PROFESSIONAL LEGISLATIVE CONSULTANT SERVICES
CONCERNING FEDERAL LEGISLATION WHICH IMPACTS ON THE
CITY OF MIAMI; ALLOCATING THEREFOR AN AMOUNT NOT TO
EXCEED $45,000 FOR SUCH SERVICES, AND AN AMOUNT NOT
TO EXCEED $3,000 FOR REIMBURSABLE EXPENSES FROM THE
LEGISLATIVE LIAISON GENERAL FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.13 EXECUTE AMENDMENT TO AGREEMENT WITH MARTIN LUTHER KING ECONOMIC
DEVELOPMENT CORPORATION, INC., RELATING TO ITS NEIGHBORHOOD ECONOMIC
DEVELOPMENT PROGRAM (JANUARY 1 - JUNE 30, 1991) - PROVIDE ADDITIONAL
$25,000 FROM 16TH YEAR CDBG FUNDS.
RESOLUTION NO. 91-340
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AMENDMENT TO AN EXISTING
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND THE MARTIN LUTHER KING
ECONOMIC DEVELOPMENT CORPORATION, INC., RELATING TO
SAID ORGANIZATION'S NEIGHBORHOOD ECONOMIC
DEVELOPMENT PROGRAM FOR THE PERIOD FROM JANUARY 1,
1991 TO JUNE 30, 1991, BY PROVIDING AN ADDITIONAL
AMOUNT NOT TO EXCEED $25,000 TO THE MARTIN LUTHER
KING ECONOMIC DEVELOPMENT CORPORATION, INC., FOR THE
ACCOMPLISHMENT OF ITS ADMINISTRATIVE AND
PROGRAMMATIC OBJECTIVES, WITH FUNDS THEREFOR BEING
ALLOCATED FROM SIXTEENTH (16TH) YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.14 EXECUTE AMENDMENT TO AGREEMENT WITH WYNWOOD COMMUNITY ECONOMIC
DEVELOPMENT CORPORATION, INC., RELATING TO ITS NEIGHBORHOOD ECONOMIC
DEVELOPMENT PROGRAM (JANUARY 1 - JUNE 30, 1991) - PROVIDE ADDITIONAL
$25,000 FROM 16TH YEAR CDBG FUNDS.
RESOLUTION NO. 91-341
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AMENDMENT TO AN EXISTING
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND THE WYNWOOD COMMUNITY
ECONOMIC DEVELOPMENT CORPORATION, INC., RELATING TO
SAID ORGANIZATION'S NEIGHBORHOOD ECONOMIC
DEVELOPMENT PROGRAM FOR THE PERIOD FROM JANUARY 1,
1991 TO JUNE 30, 1991, BY PROVIDING AN ADDITIONAL
AMOUNT NOT TO EXCEED $25,000 TO THE WYNWOOD
COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC.,
FOR THE ACCOMPLISHMENT OF ITS ADMINISTRATIVE
PROGRAMMATIC OBJECTIVES, WITH FUNDS THEREFOR BEING
ALLOCATED FROM SIXTEENTH (16TH) YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
26 May 9,1991
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.15 CODESIGNATE N.W. 1 AVENUE FROM N.W. 5 STREET TO N.W. 10 STREET AS:
ARENA BOULEVARD.
RESOLUTION NO. 91-342
A RESOLUTION CODESIGNATING NORTHWEST 1 AVENUE FROM
NORTHWEST 5 STREET TO NORTHWEST 10 STREET, MIAMI,
FLORIDA, AS "ARENA BOULEVARD"; FURTHER, DIRECTING
THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION
TO THE POLICE DEPARTMENT, FIRE, RESCUE AND
INSPECTION SERVICES DEPARTMENT, DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION/SOLID WASTE, DADE
COUNTY PUBLIC WORKS DEPARTMENT AND UNITED STATES
POSTAL SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.16 CODESIGNATE S.W. 1 STREET FROM S.W. 12 AVENUE TO S.W. 8 AVENUE AS:
HUMBERTO QUINONES, JR. WAY.
RESOLUTION NO. 91-343
A RESOLUTION CODESIGNATING SOUTHWEST 1 STREET FROM
SOUTHWEST 12 AVENUE TO SOUTHWEST 8 AVENUE, MIAMI,
FLORIDA, AS "HUMBERTO QUINONES, JR. WAY"; FURTHER,
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE POLICE DEPARTMENT, FIRE, RESCUE
AND INSPECTION SERVICES DEPARTMENT, DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION/SOLID WASTE, DADE
COUNTY PUBLIC WORKS DEPARTMENT AND UNITED STATES
POSTAL SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
NOTE FOR THE RECORD: At this point, the Mayor
recognizes the presence of Roberto Cedeno, Vice Mayor
of Managua, Nicaragua. Commissioner Dawkins
recognizes the presence of students from George
Washington Carver Middle School.
27 May 9,1991
5. DISCUSS AND DEFER PROPOSED RESOLUTION AUTHORIZING AGREEMENT WITH
OVERTOWN ADVISORY BOARD FOR GRANT OF $100,000, TO PROVIDE FOR SERVICES
IN CONNECTION WITH OVERTOWN COMMUNITY MASTER DEVELOPMENT PLAN.
(Deferred to June 13th.) [Note: This date was later changed to June
30th.]
------------------------------------------------------------------------------
Mayor Suarez: CA-15. Commissioner Dawkins.
Commissioner Dawkins: For those who where interested, I've explained to the
Manager, time and time again, not to put any item on the consent agenda for a
hundred thousand dollars ($100,000) or more. The Manager does not hear me.
Vice Mayor Plummer: Shame on you.
Commissioner Dawkins: The Manager continues to schedule items on the consent
agenda, without any explanation, without any questions, of a hundred thousand
dollars ($100,000). Now, this item could very easily have been put on the
regular agenda where we could discuss it, ask questions, and what have you.
And as long as the Manager continues to put items on the consent agenda that
are a hundred thousand dollars... even seventy-five thousand dollars, I am
going to pull it off. Because I need to be able to ask questions about a
hundred thousand dollar expenditure of taxpayers money. And that's why CA-15
has been deferred until the next meeting.
Mayor Suarez: And also, the chair recognizes that we have George Washington
Carver Middle School. And Mr. Sherling is here with the group, and we will
try to be as informative and educative and edifying as we possibly can.
Sometimes, that's a little difficult. OK, on CA-15, is there a motion? All
right. Do we need to continue the item?
Mr. Fernandez: If it's withdrawn, it's up to the administration to bring it
back.
Mayor Suarez: If the administration withdraws it, we don't need to vote on
it.
Mr. Fernandez: It was withdrawn by Commissioner Dawkins.
Mayor Suarez: OK. We'll move to continue consideration of the item, or to
defer it until the agenda presumably, of the first meeting in June.
Mr. Fernandez: Correct.
Commissioner Dawkins: So moved.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
ON MOTION DULY MADE BY COMMISSIONER DE YURRE AND SECONDED BY
COMMISSIONER ALONSO, THE ABOVE ITEM WAS DEFERRED TO THE FIRST
COMMISSION MEETING IN JUNE 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 AFTER ROLL CALL:
28 May 9,1991
Commissioner Dawkins: I need a clarification, Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Dawkins: I thought it was a policy that if you wrote a memo in
time, instructing the Manager that you wanted this scheduled for the next
meeting, that it would be done, and that you would not have to vote on it. Is
that the policy?
Mr. Odio: I thought it was out of my...
1
Mayor Suarez: Yes. Except that there may have been confusion. I thought
that the request was to have the item considered separately, on that item.
Commissioner Alonso: OK. It was withdrawn.
Commissioner Dawkins: OK.
Mayor Suarez: OK. And other Commissioners have a right by the way, if an
item is requested to be simply withdrawn by a Commissioner, to want the item
considered, so - once it's on the agenda, because it is fairness to do that.
But we have voted formally to defer in accordance with your request.
Commissioner Dawkins: Thank you.
Mayor Suarez: Very good.
6. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: EASTERN
AIRLINES DISLOCATED WORKER RETRAINING PROGRAM (FY'91) JTPA TITLE III -
APPROPRIATE $207,400 FROM SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM GRANT AWARD - AUTHORIZE MANAGER TO ACCEPT GRANT AWARD AND
ENTER INTO NECESSARY AGREEMENTS - STIPULATE THAT AUTHORIZATION GRANTED
SHALL REMAIN VALID IF ANTICIPATED GRANT AWARD IS REDUCED OR INCREASED.
Mayor Suarez: Item 1. Emergency ordinance, I believe. Item 2, rather.
Mr. Odio: This is establishing a special revenue fund entitled "Eastern
Airlines Dislocated Worker Retraining Program."
Mayor Suarez: OK.
Commissioner Alonso: I so move.
Mr. Odio: From JTPA (Job Training Partnership Act)
Mayor Suarez: On item 2, moved by Commissioner Alonso.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded, Commissioner Dawkins. Any discussion? If not,
please read the ordinance. Call the roll.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD, BY TITLE ONLY.
Mr. Odio: The reason this item is an emergency...
Mayor Suarez: Yes, emergency.
Mr. Odio: ... is in order to bring the necessary staff on board, to operate
the program, and meet the training needs of participants on an expeditious
basis.
Vice Mayor Plummer: Can I inquire?
Mayor Suarez: Yes, Commissioner.
Vice Mayor Plummer: Are all of these people residents of the City of Miami?
29 May 9,1991
0
Commissioner Dawkins: No, it's the State of Florida money.
Mr. Odio: I will... go ahead.
Mr. Castaneda: I'm sorry, Commissioner.
Vice Mayor Plummer: Are all of these recipients, citizens of the City of
Miami?
Mr. Castaneda: They are Countywide recipients, Commissioner.
Vice Mayor Plummer: Who else is contributing to this fund, besides the City?
Mr. Odio: The City is not contributing to this one.
Mr. Castaneda: The City is not contributing. We are receiving funding
from...
Mr. Odio: This is a grant.
Mr. Castaneda: ... Private Industry Council for this activity.
Vice Mayor Plummer: OK. But, aren't we about the business of providing for
the citizens of the City?
Mr. Odio: This is... we had an emergency meeting after Eastern Airlines went
broke. The State, the County, and the City, and everybody agreed that we
would be receiving funds, so that all, the whole County would help in
relocating the Eastern employees that were laid off.
Vice Mayor Plummer: Of which I am fully in favor of.
Mr. Odio: These are not City fund,.
Vice Mayor Plummer: But I want to protect - I am parochial to protect my City
residents first.
Mr. Odio: We cannot do it. We have to give it to the Eastern Airlines
dislocated people. No matter where they are from.
Mayor Suarez: But within that, can't we give preference to City of Miami?
Mr. Castaneda: We will give preference to City of Miami. We always do that.
Vice Mayor Plummer: Of course.
Commissioner Dawkins: I think we need to explain to the students. This is
one of the reasons why you need, all of you students, you need to get more
than one career choice. OK?
Commissioner Alonso: That's right.
Mayor Suarez: Now, all the people who worked at Eastern Airlines in a certain
position, got laid off. Had they had two or three career choices, they could
have moved to another career. So now, we have money from the State of Florida
to assist them in attempting to get another saleable skill that will make them
marketable. So, remember now, as you go through school, get more than one
trade. If you're going to be a doctor, be a lawyer like the Mayor also.
Commissioner Alonso: Commissioner, but you know, it's true. If you check
statistics, most people in their life time, they have more than one, so it's
very practical advice to give to the students.
Mr. Fernandez: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Fernandez: Just a minor correction, so that the record is correct. In
the third whereas of that ordinance, the correct number should be 2,368 and
not 12,000. Inadvertently, an additional one...
30 May 9,1991
Mayor Suarez: OK. All right, the interdelineation is made, and correction
for the scrivener's error.
Mr. Fernandez: Right.
Mayor Suarez: We have a motion and a second. Any discussion? If not, please
read the ordinance.
Mr. Fernandez: It's been read, sir.
Ms. Matty Hirai: It's been read, sir.
Mayor Suarez: Call the roll, please.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "EASTERN AIRLINES/DISLOCATED
WORKER RETAINING PROGRAM (FY191) JTPA TITLE III";
APPROPRIATING FUNDS FOR THE OPERATION OF SAID PROGRAM
IN THE AMOUNT OF $207,400 FROM THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM GRANT AWARD;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE
AFOREMENTIONED GRANT AWARD AND TO ENTER INTO THE
NECESSARY AGREEMENTS WITH THE SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM FOR IMPLEMENTATION OF SUCH
GRANT AWARD; STIPULATING THAT THE AUTHORIZATION
GRANTED HEREIN SHALL REMAIN VALID AND OUTSTANDING EVEN
IF THE ANTICIPATED GRANT AWARD IS REDUCED OR
INCREASED; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Alonso and seconded by Commissioner
Dawkins, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
Whereupon the Commission on motion of Commissioner Alonso and seconded
by Commissioner Dawkins, adopted said ordinance 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10880.
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.
31 May 9,1991
7. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: SUMMER FOOD
SERVICE PROGRAM FOR CHILDREN 1991 - APPROPRIATE $277,881 GRANT FROM U.S.
DEPARTMENT OF AGRICULTURE (USDA) - AUTHORIZE MANAGER TO EXECUTE
NECESSARY DOCUMENT(S).
------------------------------------------------------------------------------
Mayor Suarez: Item 3, also an emergency ordinance. Also, requiring two roll
calls.
Commissioner Alonso: Moved.
Mayor Suarez: And it's moved by Commissioner Alonso.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded by Commissioner Dawkins. Any discussion? If not,
please read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "SUMMER FOOD SERVICE PROGRAM
FOR CHILDREN 1991" AND APPROPRIATING FUNDS FOR THE
OPERATION OF SAME IN THE AMOUNT OF $277,881 CONSISTING
OF A GRANT FROM THE UNITED STATES DEPARTMENT OF
AGRICULTURE THROUGH THE FLORIDA DEPARTMENT OF
EDUCATION; AUTHORIZING THE CITY MANAGER TO ACCEPT THE
GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF
AGRICULTURE AND TO EXECUTE THE NECESSARY DOCUMENT(S),
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
ACCEPTANCE OF SAID GRANT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Alonso and seconded by Commissioner
Dawkins, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
Whereupon the Commission on motion of Commissioner Alonso and seconded
by Commissioner Dawkins, adopted said ordinance 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10881.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
32 May 9,1991
1
------------------------------------------------------------------------------
"` 8. AUTHORIZE METROPOLITAN DADE COUNTY (ON BEHALF OF THE CITY) TO ADVERTISE
/ EVALUATE / ACCEPT BIDS FROM VENDOR(S) TO PROVIDE USDA APPROVED MEALS
' TO ELIGIBLE CHILDREN FOR CITY'S SUMMER FOOD SERVICE PROGRAM - 1991.
------------------------------------------------------------------------------
Mayor Suarez: Item 4. Resolution for the USDA (United States Department of
Agriculture) program for meals.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-344
A RESOLUTION AUTHORIZING METROPOLITAN DADE COUNTY ON
BEHALF OF THE CITY OF MIAMI TO ADVERTISE FOR,
EVALUATE, AND ACCEPT THE BIDS) OF A VENDOR OR VENDORS
TO PROVIDE UNITED STATES DEPARTMENT OF AGRICULTURE
(USDA) APPROVED MEALS TO ELIGIBLE CHILDREN FOR THE
CITY'S SUMMER FOOD SERVICE PROGRAM - 1991; FURTHER
AUTHORIZING METROPOLITAN DADE COUNTY TO ENTER INTO THE
NECESSARY CONTRACT(S) WITH THE SUCCESSFUL BIDDERS)
FOR THIS PURPOSE.
(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.
------------------------------------------------------------------------------
9. SECOND READING ORDINANCE: AMEND CODE SECTION 4-10 (ALCOHOLIC
BEVERAGES) - STANDARDIZE DISTANCE SEPARATION REQUIREMENTS FOR ALCOHOLIC
BEVERAGE LICENSEES IN COMBINATION RESIDENTIAL AND COMMERCIAL DISTRICTS
TO 1,500 FEET - GRANT ZONING BOARD THE ABILITY TO REDUCE DISTANCE
SEPARATION REQUIREMENTS FOR NON-C.O.P. PACKAGE LIQUOR STORES.
------------------------------------------------------------------------------
Mayor Suarez: Item 5 is second reading of the ordinance on the distance
requirements for alcoholic beverage sales.
Commissioner Alonso: So moved.
Mayor Suarez: Moved, Commissioner Alonso.
Commissioner Dawkins: Second.
Mayor Suarez: Second, Commissioner Dawkins. Guillermo, do we need a report
on this? Anyone wished to heard on this item?
33 May 9,1991
Mr. Olmedillo: No, sir. It's the second reading.
Mayor Suarez: Let the record reflect, no one stepped forward. Second
reading... second hearing rather. Would you read the ordinance please? We
are going to call the roll, and as... before we do, we want you to know in
case you are wondering who this person is that is reading these ordinance, I
wish that he would do it just a little bit quicker, but anyhow, you might
practice your reading in case you ever want to be City Attorney. He is the
one that reads the ordinances. OK? Call the roll.
AN ORDINANCE -
AN ORDINANCE RELATING TO ALCOHOLIC BEVERAGES; AMENDING
SECTION 4-10 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY STANDARDIZING THE DISTANCE
SEPARATION REQUIREMENTS FOR ALCOHOLIC BEVERAGE
LICENSEES IN COMBINATION RESIDENTIAL AND COMMERCIAL
DISTRICTS TO FIFTEEN HUNDRED (1,500) FEET,. BUT
PROVIDING FOR A REDUCTION OF SUCH DISTANCE SEPARATION
REQUIREMENTS BY THE ZONING BOARD FOR NON -COP PACKAGE
LIQUOR STORES; ESTABLISHING PROCEDURES AND CRITERIA
FOR EXCEPTIONS; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of March 28, 1991,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Alonso, seconded by Commissioner Dawkins, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner 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. 10882.
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 AFTER ROLL CALL:
Mayor Suarez: I didn't mean that to be such a mirthful remark as represented
by our Herald reporter there.
NOTE FOR THE RECORD: At this point, Commissioner
Dawkins recognizes the presence of Aylin R. Mediola, a
teacher at Sunset Elementary School, and points out
that three of the students were related to City
officials.
34 May 9.1991
= it
------------------------------------------------------------ ------------------
10. SECOND READING ORDINANCE: CREATE NEW CODE CHAPTER 45.5: PUBLIC
NUISANCE - PROVIDE FOR CREATION OF NUISANCE ABATEMENT BOARD; FILING AND
HEARING OF COMPLAINTS AGAINST BUILDINGS, PLACES OR PREMISES ALLEGED TO
BE A PUBLIC NUISANCE; PROCEDURE FOR BOARD HEARINGS, INCLUDING
PRESENTATION OF EVIDENCE REGARDING CRIME -RELATED ACTIVITY / ANNOYING
CONDUCT ON PREMISES LOCATED IN MIAMI - PROVIDE FOR ENFORCEMENT
PROCEDURES AND PENALTIES; etc.
' ------------------------------------------------------------------------------
1 Mayor Suarez: On item 6, creating new chapter for public nuisances.
S
Commissioner Alonso: Moved, with pleasure.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Let the record reflect no one stepped
forward on this item. Any discussion? If not, please read the ordinance.
1 Mr. Fernandez: Mr. Mayor, before I read this ordinance, just for the
record...
Commissioner Dawkins: Here we go.
Mr. Fernandez: ... the copy that is in your package is, I would say, ninety-
eight percent accurate. In the last two days, as we have had an opportunity
to review it, in finally preparing for this meeting, we have made minor
changes that would further clarify, but they do not really add...
Mayor Suarez: Not substantial changes? OK.
Mr. Fernandez: ... any significant issue. Nonsubstantial, just really in an
attempt to putting out an ordinance for the first time that would be very
tight, we have in the last two days made minor corrections that again, do not
add anything significant, just further clarify it. And with that, I'll read
i the title.
Vice Mayor Plummer: Does this eliminate the Code Enforcement Board?
Mr. Fernandez: No, no. It does not, sir.
7
I
Vice Mayor Plummer: I don't know why not. They don't do anything.
Mr. Fernandez: Because they address... well, OK.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD, BY TITLE ONLY.
Mayor Suarez: Call the roll.
Vice Mayor Plummer: Wait a minute.
State Statute, right?
Mr. Fernandez: Yes, it is, sir.
Let me ask a question. This is not by
Vice Mayor Plummer: It is by State Statute?
Mr. Fernandez: Yes. We are...
Vice Mayor Plummer: Is there a maximum that the penalties that can be
imposed?
Mr. Fernandez: No. State Statutes do not set out the penalties.
Vice Mayor Plummer: So, we then can set our own penalties without having to
worry about the State maximum?
Mr. Fernandez: Yes, that's correct. And we have set within the parameters of
that which we consider reasonable, keeping very close proportion to the
expenses that it would cost, or what it would take for the City to be able to
provide this type of service.
35 May 9,1991
Vice Mayor Plummer: And then what have you set as the maximum penalty per day
that they can enforce?
Mr. Fernandez: It is not on the basis per day. I believe it's on the basis
of seventy-five dollars... I need to get that - one second, Commissioner.
Vice Mayor Plummer: Well I think that's very... If you do not give this Board
the clout of hitting people in the wallet, they are going to laugh at them,
like they do the Code Enforcement Board. You know, you can tell people, you
can ask people, but when you hit them in the wallet, they listen. Now, all
that you are going to do, is to bring them before a Board to charge them
seventy-five dollars administrative cost, to say, "Hey, you've been a bad boy,
don't be a bad boy no more," - you know, and I know, what's going to happen.
They are going to laugh at you.
Mr. Fernandez: It provides for penalty so severe, as to take away their
licenses, whatever licenses they have to operate on those premises, closing
those premises. Also, as well as imposing up to five hundred dollars ($500)
for each reported incident.
Vice Mayor Plummer: Per day?
Mr. Fernandez: No, it is not on a per days basis. It's per incident.
Vice Mayor Plummer: Why don't we get... isn't that what's presently under
State Statutes, the Code Enforcement has? - is up to five hundred a day?
Look, you know, to create a Board that possibly has the opportunity to do some
good, and you give them no clout, you've done nothing, except created another
bureaucratic nightmare. Now I want something written in there that gives this
Board some clout.
Mr. Fernandez: It reads this way, Commissioner. "The payment to the City of
Miami by owners of a fine of two hundred and fifty dollars ($250) for a first
violation, and five hundred dollars ($500) for every subsequent violation
found to exist in/at or at the same premises." After the third violation, we
can close the place.
Vice Mayor Plummer: But I want it written in, a financial penalty. You had a
guy down here that existed for over nine months. It was cheaper for him to
pay the fine than it was to move.
Mr. Fernandez: But you have to keep in mind Commissioner, the difference
between what the Code Enforcement does, and what the Nuisance Abatement Board
will do.
Vice Mayor Plummer: The Code Enforcement does nothing.
Mr. Fernandez: The Code Enforcement Board addresses, ongoing types of
violations that... so that...
Vice Mayor Plummer: If you create a nuisance, you get a fine for one day as
long as you create the nuisance. Does that make any sense to me?
Mr. Fernandez: No. Nuisances are, and on a current basis, a single incident.
A nuisance would be a drug transaction taking place inside of a motel. And
then that is the one incident for which the person will be fined. That drug
transaction does not take months to consume.
Vice Mayor Plummer: Excuse me. Can this Commission change it, legally?
Mr. Fernandez: No, sir. My advice would be that it will not...
Vice Mayor Plummer: I am not asking for your advice. I am asking you, can we
legally change it to give them the authority to impose a fine of up to five
hundred dollars a day? - while, in still violation. Can we do that legally?
Mr. Fernandez: No, you cannot.
Vice Mayor Plummer: Then if you... you're saying, legally, I can't?
36 May 9,1991
Mr. Fernandez: You cannot legally address the issue by... every time a
transaction occurs, it's a one single incident for which a penalty applies.
Vice Mayor Plummer: Not if it's a continuing nuisance.
Mr. Fernandez: But the nuisance is not continuing in nature. The nuisance is
single incidents that occur. Commissioner, there is a difference between
having an illegal kitchen which is something that is there and remains there
for the duration until you take it out, and...
Mayor Suarez: An incident of criminal activity.
Vice Mayor Plummer: Yes, but what happens if you tell them, you've got thirty
days to take out that kitchen, and they don't do it?
Mr. Fernandez: Then during those thirty days, and anytime thereafter that
they don't remove the kitchen, the fine continues to accrue on a daily basis.
That's a Code Enforcement Board.
Mayor Suarez: It's continued violation daily, subject to daily fine up to two
hundred and fifty dollars.
Mr. Fernandez: Right. While with a drug transaction, or an act of
prostitution, or the like, those are things that are consummated in relatively
short period of time.
Mayor Suarez: Let's not get into the issue of how long it takes to consummate
a prostitution transaction.
Vice Mayor Plummer: Mr. City Attorney, I am going to vote for it. I don't
think that you are giving them the clout that, that Board needs to be actually
enforcing what is necessary.
Mr. Fernandez: Sir, I believe that we have given them everything that would
be sustainable and defensible from a constitutional challenge, and I think
that there is sufficient teeth in this ordinance to be able to bring up all
—; significant changes in the City.
Commissioner Dawkins: OK. Mr. Mayor.
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: I'm going to vote like J.L. I'm going to vote for it,
because I want us to get it on the books, and get it done.
Mr. Fernandez: Yes.
Commissioner Dawkins: But I am also, going to instruct by memo, the City
Attorney to find out how I can do what J.L. Plummer is talking about doing.
And don't tell me about, it's indefensible in the courts, and what we can't
do.
Mr. Fernandez: I would look for every way to...
Commissioner Dawkins: No, no. I don't need an explanation now. I'm going to
send you a memo. You just told me that you don't know how to do it. So, let
me send you a memo, and you can send me one back telling me what you can't do,
and then we can go out and hire somebody else if we have to.
Mayor Suarez: OK.
Vice Mayor Plummer: I'll get outside counsel to come in and tell me how to do
it.
Commissioner Dawkins: There we go.
Mr. Fernandez: You all, stop that.
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: Yes. Now that we are in this topic, and before we take
a vote, I'd like to see if we can instruct the administration to look at
37 May 9,1991
— djt
j
restrictions in the area specifically, of Little Habana. It's an area that we
want to improve. And I am very concerned about the possibility of opening new
video rooms, game rooms, and pool rooms that create quite a bit of problems in
the area. And I would like that we instruct the administration to look into
that matter, and to move effective and in the least amount of time possible,
so that we can accomplish success in that.
Mayor Suarez: See if special zoning rules should exist for those kind of
activities.
Commissioner Alonso: And I don't want to limit it in the entire City of
Miami, but I think... in areas that we want to control, and have certain
development, I think we should really look into that.
Mayor Suarez: Yes. And it's proper to do a study and report back on a
particular area where you see a phenomenon happening, and try to stave it off
before it becomes out of control. OK, so on item 7, we have a motion and a
second? Read the ordinance please.
Commissioner Alonso: It's six.
Mayor Suarez: Six, I'm sorry. Is the ordinance read already?
Mr. Fernandez: Yes, it is.
Mayor Suarez: Call the roll then.
AN ORDINANCE -
j AN ORDINANCE CREATING NEW CHAPTER 45.5 ENTITLED
"PUBLIC NUISANCE" OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, AND THEREBY PROVIDING FOR THE
CREATION OF A NUISANCE ABATEMENT BOARD FOR THE CITY OF
MIAMI, FLORIDA; THE FILING AND HEARING OF COMPLAINTS
AGAINST BUILDINGS, PLACES OR PREMISES ALLEGED TO BE A
PUBLIC NUISANCE; PROCEDURES FOR FILING OF NOTICE TO
OWNERS AND/OR OPERATORS OF SAID BUILDINGS PLACES OR
PREMISES AND FURTHER PROVIDING THE PROCEDURE FOR THE
NUISANCE ABATEMENT BOARD HEARINGS, INCLUDING
PRESENTATION OF EVIDENCE REGARDING CRIME RELATED
ACTIVITY AND/OR ANNOYING CONDUCT ON PREMISES LOCATED
IN MIAMI, AUTHORITY TO DECLARE SAID PREMISES UNLAWFUL
PUBLIC NUISANCES AND TO ENTER ORDERS PROHIBITING THE
MAINTENANCE OF SAID LOCATIONS AND/OR THE OPERATION OF
SAID PREMISES; PROVIDING FOR THE BRINGING OF SUIT FOR
PERMANENT INJUNCTION AGAINST FURTHER MAINTENANCE OF
SAID BUILDING, PLACE OF PREMISES; FURTHER PROVIDING
THAT THE CITY THROUGH ITS ATTORNEY, MAY SUE IN THE
NAME OF THE STATE TO ENJOIN NUISANCES AS SET FORTH
HEREIN AND THOSE NUISANCES AS DEFINED IN CERTAIN
ENUMERATED SECTIONS OF THE FLORIDA STATUTES AND SUE
THE OWNERS OR AGENTS OF THE BUILDING, PLACE OR
PREMISES WHICH CONSTITUTE SUCH NUISANCES; FURTHER
PROVIDING FOR ENFORCEMENT PROCEDURES AND PENALTIES;
AND PROVIDING FOR A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
Passed on its first reading by title at the meeting of April 11, 1991,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Alonso, seconded by Commissioner Dawkins, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
38 May 9,1991
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10883.
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.
------------------------------------------------------------------------------
11. FIRST READING ORDINANCE: AMEND CODE CHAPTER 22 (GARBAGE AND TRASH) -
PROVIDE DEFINITION FOR: ROOMING AND BOARDING HOUSES - PROVIDE FOR FIXED
ANNUAL WASTE FEES - INCREASE WASTE FEES FOR COMMERCIAL GARBAGE SERVICES.
------------------------------------------------------------------------------
Mayor Suarez: Item 7. Rooming and boarding houses.
Commissioner Dawkins: Move it.
Mayor Suarez: Yes. Moved by Commissioner Dawkins.
Commissioner Alonso:
Mr. Odio: OK.
I have some questions.
Mayor Suarez: I understand the questions to also be a second.
Commissioner Alonso: I second, but I have some questions.
Mayor Suarez: Thank you. And then the Manager's probably going to want to do
some clarifying.
Commissioner Alonso: When it comes to commercial, it does include residential
and when it comes to building, three units or more, it means commercial. How
will it affect? Because some owners of properties are passing these bills
directly to the tenants. If we increase these as commercials, we are also
including residential area, because buildings that have three units are
considered commercial. How are we going to address this part?
Mr. Ron Williams: I think you are absolutely right, Commissioner. There are
a portion of those that would include those commercial units. I believe that
you may have been provided with that information that shows how those are.
Basically... how many of those are. Basically, we've got that in there,
including residential units. If the Commission desires, most certainly, we
can make that change.
Commissioner Alonso: Well, my concern is, that we are going to have residents
coming back to us and telling us, you have actually increased the Solid Waste
bill. And in fact, it's going to be true if we approve it as such.
Mr. Odio: Well, they do have the right to go out and get a commercial - a
private company to haul them, which we in the residential areas, don't have
that right. So, we are actually here competing for business. The other thing
is that we discovered, as we inspected the whole City, that some houses have
added rooms, and they are renting them. We have double garbage and double
trash, and we don't get paid for it.
Mayor Suarez: That's fine, but if we divide the ordinance and don't include
these buildings who are not properties, who are adding illegal units.
Mr. Odio: Can we exclude?
Commissioner Alonso: The rooming house is one thing, and the commercial...
residential buildings that are classified by us as commercial. And in fact,
they are residence.
Mr. Odio: But again, let me clarify. The commercials have the right to use
an outside private hauler. So, we are not forcing them to pay for it.
Commissioner Dawkins: Much to my regret.
39 May 9,1991
Mr. Odio: We are not forcing them to pay for this. In other words, if you
have a commercial building, and you don't like our rates, you can hire anybody
to pick up your garbage.
Commissioner Alonso: Well, remember that some of the rates as I saw it there,
some are a little bit higher than the competition. So, it's not that fair. I
would like if we can divide that, I will vote with the motion, and I'd like to
do so. And perhaps, we can vote in all but...
Mr. Odio: We can explain it.
Commissioner Alonso: ... the buildings - residential buildings who are
labelled commercial, and approve the rest...
Mayor Suarez: It's a bad name.
Commissioner Alonso: ... and separate these and come back with that section.
Mr. Odio: Fine. No problem.
Commissioner Alonso: That is, after all, a very small portion of what we are
trying to accomplish. Can we do that?
Mr. Odio: No problem. Yes.
Commissioner Alonso: OK. If Commissioner Dawkins accept this.
Commissioner Dawkins: Yes, ma'am.
Commissioner Alonso: OK.
Mayor Suarez: OK. How do you want to divide it then? Do you have the form
Mr. City Attorney?
—1 Mr. Fernandez: Yes. So then I'll only read that relevant portion of the
ordinance that deals with rooming houses.
Mr. Odio: Let me ask this, because...
Commissioner Alonso: Rooming houses, and commercial accounts, other than
residential buildings who are residential and considered commercial by our
regulations.
Mr. Odio: OK. But it is rooming and boarding houses.
Commissioner Dawkins: Where is the photographer?
Commissioner Alonso: Rooming houses of course, should be included.
Mr. Odio: OK.
Commissioner Alonso: Now, also think as, how are we going to enforce this law
in rooming houses? Are we going to count the number of rooms and so on? - and
it's going to be a big battle on how we enforce, but I am in favor of it.
Mr. Odio: See, that's the problem. We have identified locations where we
will get paid for one, and they have four different families living there.
The question that I have...
Vice Mayor Plummer: You have that all over.
Mr. Odio: ... and Commissioner Plummer asked me, why we don't have the
automatic escalators here? - on cost of living. We were told by the
Commission last year, not to do it, but if you want to, I'd be glad to put it
back in there.
Vice Mayor Plummer: Mr. Manager, and to my colleagues on the Commission, will
we ever learn by our good things of the past. When we used to have - some of
you were not here. We used to have an annual screaming match from the people
at the marina behind us here every year, to set the fees. We came about, and
we put an automatic escalation in, and I am happy to tell you that they are
happy back there, we are happy here.
40 May 9,1991
Mayor Suarez: It's a whole different thing.
i
Vice Mayor Plummer: Why is it a whole different thing, Mr. Mayor?
Mayor Suarez: Well because...
Vice Mayor Plummer: The cost of this service goes up every year.
Mayor Suarez: Because J.L., there is a philosophical problem with... in the
minds of a lot of people, with not even getting garbage pickup as part of your
basic taxes. Now, the people back here, 1 have no problem with escalating
their cost every year. There is a huge demand for slips out here. They are
getting everything the government can possibly offer. They are people who can
presumably can pay to have a boat, and they are not your average, ordinary
citizen having to pay taxes that they already consider high. In fact, these
people, a lot of them live in a doggone boats, they don't even pay real estate
taxes, as you yourself, have pointed out.
Vice Mayor Plummer: Yes, sir.
Mayor Suarez: It's a special governmental service that they are taking
advantage of. They are users of it, they ought to pay normal inflation by an
automatic escalation. But to do that in Solid Waste fees, you lose me.
Vice Mayor Plummer: Well, you see, my other side of the argument Mr. Mayor,
is one that says, that the fee that the City is costing, is not staying
static. It is increasing every year.
Mayor Suarez: I know that.
Vice Mayor Plummer: And how are we going to be able...?
Mayor Suarez: I was just saying that these are users. These are classic user
fees. And you can...
Vice Mayor Plummer: Are not these users?
Mayor Suarez: No. I think that people expect that if they are citizens, they
are not users, they are people who are there paying their regular taxes, and
they expect to get the full gamut of governmental services for it. They are
already paying... and if want to consider them as users, they are users paying
the highest rate of taxes of anybody in Dade County. And they, pretty soon,
not going to be able to users, and then we are not going to have citizens out
here. We are going to have people who are in fact, going to be wealthy enough
to live in the City. We don't want to promote that.
Vice Mayor Plummer: Mr. Mayor, how do we justify a hundred and sixty dollar
garbage fee, when in the County, they are paying three twenty?
Mayor Suarez: Oh gee, I'm sorry I even raised the point. We are going to
have a philosophical argument again.
Vice Mayor Plummer: OK.
Mayor Suarez: You know, I want to...
Vice Mayor Plummer: Hey, I'll vote for this, but I just would like to see it
where we don't have this coming up every year. If you had an automatic... and
I am not trying to say what the automatic escalator would be, but it has got
to be something reasonable, realizing that the costs are going up. And I
don't know where we are going to get the additional money, year after year,
after year, if it's not the consumer.
Mayor Suarez: By the way, if we had a real...
Vice Mayor Plummer: Like it or not, the consumer always pay.
Mayor Suarez: Yes. If we had a real good recycling system, mandatory
recycling system in place, people would find a way not to have the cost
increase. In fact, they would find a way to decrease the cost of the disposal
of their garbage, and I am sure they would, and I am hoping that one of these
41 May 9,1991
days, we will get mandatory recycling ordinance back, and maybe, we'll get the
votes, maybe, we won't. Thank you.
Mr. Williams: Mr. Mayor, we've discussed that with your office, and we are
most certainly are moving in that direction.
Mayor Suarez: And so that... and 'it is not a cost item? Don't anybody think
that when you tell people they must do something, it's a cost item for us,
it's a cost savings item. Because if you do it right, they are going to throw
out a lot less garbage, I guarantee you. And then if you couple it with a
minimum variable fee, then you are going to get an even greater incentive.
Then you hav3 a positiv:, incentive for people to recycle many items, and put
very few things out there for us to take care of. In some communities, it's
taking down the total amount of garbage of Solid Waste by fifty percent - just
mandatory recycling. All right.
Mr. Fernandez: Mr. Mayor, I need some...
Commissioner Alonso: I'm hoping for a full recycling in the City of Miami in
a very short period of time.
Mayor Suarez: A hundred percent recycling. And a bottle bill too, if we can
pass one locally. And a... by the way, Commissioner Alonso made a very good
point on these commercial... quote, unquote, commercial accounts. That name
is really confusing us. If there is any way Mr. City Attorney, Mr. City
Manager, you can work on finding a proper terminology to describe these
buildings, residential buildings that are above a certain size, where we begin
to...
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: ... consider them different kinds of accounts or something.
Yes.
Commissioner Dawkins: I hate to cut in. They have been sitting here quite
some time, and as youth, I know they are tired. Why don't we tell them to
take... why don't you order them as the Mr. Mayor, to take a break?
Mayor Suarez: You are hereby ordered... really, you might want to wander
around with them and see the offices of the Commissioners, and... they get a
little restless there. And I think we get a little restless thinking that we
have to be careful what we say up here.
Commissioner Alonso: Ignore this last section of what he said.
Mayor Suarez: We are pleased to have you. You can stay longer, but you
might... you can go up and see the terrace if you like on the Mayor's side, or
the Manager's side, or all the Commissioner's offices. See if you find any
hidden secrets, you know, tell the rest of us about them.
Vice Mayor Plummer: Don't bring any skeletons out of the Mayor's closet.
Commissioner Alonso: Best view from my office, or walk through.
Mayor Suarez: Commissioner Alonso has the best view of the beautiful marina.
OK. I'm sorry. On the item, do we have the form now of the motion being
made?
Mr. Fernandez: No. We need some clarification. I want you to understand
that this ordinance in front of you is comprised of two main parts. One
dealing with rooming and boarding houses, with which nobody...
Commissioner Alonso: And we had no objection.
Mr. Fernandez: ... has any problems with that.
Commissioner Alonso: Yes.
Mr. Fernandez: But then the second part of it that deals with commercial
accounts, it deals with three different types of commercial accounts. Those
that have four, thirty gallon containers, those that have two cubic yard bins,
and those that have four cubic yard bins. And it does not address the nature
42 May 9,1991
or the zoning of the area where those may be found. Now, Commissioner Alonso
addressed herself to whether they were residential or commercial. In this
case, this ordinance is blind to that type of definition. We are here talking
about sizes.
Commissioner Alonso: Well let's put "I"s to the ordinance. Let's put some
'III's to the ordinance. I... what the problem that I have, is either we just
eliminate this section, and we bring it again as a separate item, or we take
portions of it that might be more effective for us to maintain. Commercial,
what is considered commercial, and not referring to buildings who are
labelled, commercial when in fact, they are residential.
Mr. Fernandez: These are all commercial.
Mr. Odio: Wait, it can be done this way. We can leave D, and then pull E,
which is the apartment buildings, right? And this one...
Commissioner Alonso: Wait, wait, wait. How it goes?
Mr. Odio: On page 3 of the ordinance. You better... put it on the record.
Mr. Williams: Let me suggest, Commissioner.
Commissioner Alonso: Yes.
Mr. Williams: That we proceed with rooming and boarding houses...
Commissioner Alonso: Yes.
Mr. Williams: ... and on the commercial rates, that we include everything
except residential. And we will just have to pull those out, because we hear
the Commissioner's...
Commissioner Alonso: OK. Fine.
Mayor Suarez: All right.
Mr. Williams: ... concern in that regard, and we will make sure that those
are extracted.
Mayor Suarez: We've got the mechanics now in place. OK. Can we do the
motion as such, then?
Commissioner Alonso: Yes. Commissioner Dawkins had accepted that previously,
and now they are clarifying the same item that we had accepted.
Mayor Suarez: OK. So then with that motion made and seconded by Commissioner
Alonso, and properly understood by the City Attorney, City Manager, read that
ordinance with...
Mr. Fernandez: OK. This is in any event first reading, by the time we come
to you for second reading, we will have it all.
Mayor Suarez: Sure. You make whatever adjustments, modifications, et cetera.
All right.
Commissioner Alonso: Our act together.
Mayor Suarez: Call the roll. And then, Van, we are going to go ahead and do
one picture of that sort of us homogenous here.
43 May 9,1991
.::r
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 22, ENTITLED "GARBAGE
AND TRASH", OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, BY PROVIDING A DEFINITION FOR "ROOMING AND
BOARDING HOUSES"; FURTHER BY PROVIDING FOR A FIXED
ANNUAL WASTE FEE FOR SUCH ROOMING AND BOARDING HOUSES;
AND BY INCREASING THE WASTE FEES FOR CERTAIN
COMMERCIAL GARBAGE SERVICES; MORE PARTICULARLY BY
AMENDING SECTION 22-1 AND SUBSECTIONS 22-12 (c), (d),
(e), (f), (g) and (h); CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE, AND PROVIDING FOR EFFECTIVE
DATE.
Was introduced by Commissioner Dawkins 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.
12. FIRST READING ORDINANCE: AMEND 10760 - (a) INCREASE APPROPRIATION TO
SPECIAL REVENUE FUND: JTPA TITLE IIA / NEIGHBORHOODS JOBS PROGRAM (FY
191) (BY $48,600 TO $571,800); (b) INCREASE APPROPRIATION TO SPECIAL
REVENUE FUND: JTPA TITLE III / DISLOCATED WORKER (FY 191) (BY $2,550 TO
$145,350).
------------------------------------------------------------------------------
Mayor Suarez: All right. Item 8.
Mr. Odio: This is an ordinance by increasing the appropriation to the Special
Revenue Fund entitled JTPA, title...
Vice Mayor Plummer: Move it.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO.
10760, ADOPTED JULY 12, 1990, BY INCREASING THE
APPROPRIATION TO THE SPECIAL REVENUE FUND ENTITLED:
"JTPA TITLE IIA/NEIGHBORHOODS JOBS PROGRAM (FY-91)" IN
THE AMOUNT OF $48,600, THEREBY INCREASING THE
APPROPRIATION FOR SAID SPECIAL REVENUE FUND TO
$571,800; AND INCREASING THE APPROPRIATION TO THE
SPECIAL REVENUE FUND ENTITLED: "JTPA TITLE
III/DISL.00ATED WORKERS (FY-91)" IN THE AMOUNT OF
$2,550, THEREBY INCREASING THE APPROPRIATION FOR SAID
SPECIAL REVENUE FUND TO $145,350; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
44 May 9,1991,
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.
13. FIRST READING ORDINANCE: AMEND CODE SECTION 53-135 - INCREASE CHARGES
FOR ORANGE BOWL STADIUM RESERVED PARKING PASSES AND FOR GENERAL EVENT
PARKING - PROVIDE FOR APPLICATION OF THESE INCREASED RATES FOR PARKING
AT MIAMI BOBBY MADURO BASEBALL STADIUM - ELIMINATE SPECIFIED PARKING
RATES FOR UNIVERSITY OF MIAMI STUDENTS AT ORANGE BOWL STADIUM.
Mayor Suarez: Item 8?
Mr. Odio: Nine.
Mayor Suarez: Thank you. Item 9.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Yes, second.
Mayor Suarez: Seconded.
Vice Mayor Plummer: This was part of the agreement worked out with the
University and all of the users, they agreed to it.
Commissioner Dawkins: What item is it?
Mayor Suarez: Item nine.
Mayor Suarez: Moved and seconded.
ordinance. Call the roll.
AN ORDINANCE ENTITLED -
Any discussion? If not, read the
AN ORDINANCE AMENDING SECTION 53-135 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY INCREASING
THE CHARGES FOR ORANGE BOWL STADIUM RESERVED PARKING
PASSES AND FOR GENERAL EVENT PARKING AND PROVIDING FOR
THE APPLICATION OF THESE INCREASED RATES FOR PARKING
AT THE MIAMI BOBBY MADURO BASEBALL STADIUM; FURTHER
ELIMINATING SPECIFIED PARKING RATES FOR UNIVERSITY OF
MIAMI STUDENTS AT THE ORANGE BOWL STADIUM; CONTAINING
A REPEALER PROVISION AND 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:
45 May 9,1991
4
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 put ,0 c record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: What happens...?
Mayor Suarez: Why don't we pull back the roll call, and have full discussion
as I should have.
Commissioner Dawkins: No. No full discussion.
Mayor Suarez: OK. Commissioner Dawkins - intervention.
Commissioner Dawkins: I just need to know what happens to all the parking
spaces that the University of Miami is going to get eventually?
Vice Mayor Plummer: What happens with them?
Commissioner Dawkins: Yes.
Vice Mayor Plummer: They get control over them, and they will in fact pay us
for the parking space.
Mr. Odio: But they have to pay us.
Commissioner Dawkins: OK. Thank you. No further questions.
Mayor Suarez: Complete the roll.
14. FIRST READING ORDINANCE; AMEND CODE SECTION 2-75 - INCREASE FEES FOR
ANNUAL REINSPECTION OF BUILDINGS AND PREMISES DEFINED AS CONVENIENCE
STORES BY CHAPTER 90-346, LAWS OF FLORIDA - TO COVER INCREASES IN
OPERATIONAL COSTS OF ENFORCEMENT.
------------------------------------------------------------------------------
Mayor Suarez: Item 10.
Mr. Odio: This is the convenience store inspection fees. We were mandated to
get into a convenience store ordinance, and this covers the cost of inspecting
and re -inspecting of those buildings and premises.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second. This is as a result of that...
Mayor Suarez: Seconded.
Commissioner Alonso: ... unfortunate ordinance that we had to approve? - an
order from the State.
Mr. Odio: Convenience store ordinance. Yes.
Mr. Fernandez: From the State of Florida. Right.
Commissioner Alonso: Yes, State of Florida. Yes.
46 May 9,1991
4
Mayor Suarez: An unfortunate ordinance. That's a good way to phrase it.
Commissioner Alonso: That's right. Because we were forced, it made no sense.
Now, we have to increase the fees in order to have enough funds to conduct the
inspections.
Mr. Odio: To cover that cost.
Mayor Suarez: Moved and second. Any discussion? If not, please read the
ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 2-75 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY INCREASING
FEES FOR THE ANNUAL REINSPECTION OF BUILDINGS AND
PREMISES DEFINED AS CONVENIENCE STORES BY CHAPTER 90-
346, LAWS OF FLORIDA, SAID CHARGE BEING NECESSARY TO
COVER INCREASES IN OPERATIONAL COSTS OF ENFORCEMENT OF
SAID STATE STATUTE; 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.
15. FIRST READING ORDINANCE: AMEND CODE SECTIONS 54-47 AND 54-48 (STREETS
AND SIDEWALKS, CONSTRUCTION AND REPAIR) - CLARIFY REQUIREMENT OF RIGHT-
OF-WAY DEDICATION PRIOR TO ISSUANCE OF PERMITS - ELIMINATE REQUIREMENT
OF A COVENANT PRIOR TO ISSUANCE OF PERMITS.
Mayor Suarez: Item 11.
Commissioner Alonso: Eleven.
Mayor Suarez: Thank you.
Mr. Odio: This was a result of Commissioner Alonso. In the last... about a
month ago, we were asked to come back. This is to clarify that the Code to
require that ROW (right-of-way) dedication be dedicated only when it is
determined by the Public Works director that the dedication is necessary.
Mayor Suarez: Not as an automatic...?
Mr. Odio: It is not.
Commissioner Alonso: I so move.
Mayor Suarez: So moved.
Vice Mayor Plummer: Second.
47 May 9,1991
Mr. Fernandez: Again, Mr. Mayor, the copy that was just passed to you, just
enhances and clarifies the meaning of this ordinance, so that its
enforceability would be easier. And the title has not been changed. We just
added just a minor few words throughout the ordinance to make it more _
consistent internally. _
'Mayor Suarez: OK. I could add at the end of all that explanation, "who
cares," but I won't, I will just ask you to read the ordinance.
Mr. Fernandez: The record needs to be clear of what's being passed.
Mayor Suarez: Call the roll.
Ms. Matty Hirai: Mr. Mayor, I need a second on the motion.
Vice Mayor Plummer: I seconded it.
Ms. Hirai: Thank you.
AN ORDINANCE ENTITLED -
AN ORDINANCE RELATING TO STREETS AND SIDEWALKS AND
CONSTRUCTION AND REPAIR; AMENDING SECTIONS 54-47 AND
54-48 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY CLARIFYING THE REQUIREMENT OF RIGHT-OF-WAY
DEDICATION PRIOR TO ISSUANCE OF PERMITS; ELIMINATING
THE REQUIREMENT OF A COVENANT PRIOR TO ISSUANCE OF
PERMITS; AND CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
Was introduced by Commissioner Alonso 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: 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.
NOTE FOR THE RECORD: At this point, agenda item 12,
was withdrawn.
48 May 9,1991
------------------------------------------------------------------------------
16. EXECUTE AGREEMENTS FOR ONE-YEAR PERIOD WITH: (a) PEOPLES NATIONAL BANK
OF COMMERCE, (b) HAMILTON BANK, AND (c) CAPITAL BANK - ESTABLISH SPECIAL
DEPOSITORY BANK ACCOUNTS. —
------------------------------------------------------------------------------
Mayor Suarez: Item 13.
Vice Mayor Plummer: Move it.
Mr. Odio: I have been notified that Peoples National Bank of Commerce House,
asked to be withdrawn, at this time.
Mr. Carlos Garcia: At this time.
Vice Mayor Plummer: Fine. Let them withdraw.
Mayor Suarez: OK. As to the other two, the motion is made.
Vice Mayor Plummer: Move it for the others.
Commissioner Dawkins: I want to adjust the year to one year.
Commissioner Alonso: What it will mean?
Mr. Odio: To one year? Fine.
Commissioner Dawkins: Yes.
Commissioner Alonso: Yes.
Mayor Suarez: Absolutely.
Mr. Odio: No problem.
Vice Mayor Plummer: Move it with that amendment.
Mayor Suarez: Moved and seconded. Any discussion with that modification?
Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-345
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
SEPARATE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR A ONE-YEAR PERIOD, WITH HAMILTON BANK
AND WITH CAPITAL BANK FOR ESTABLISHING SPECIAL
DEPOSITORY BANK ACCOUNTS.
(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.
49 May 9,1991
NOTE FOR THE RECORD: At this point, agenda item 14
was withdrawn.
17. DISCUSS AND DEFER PROPOSED RESOLUTION ESTABLISHING PROCUREMENT POLICY
FOR CITY FAVORING WASTE -REDUCTION; CREATING RECYCLING PROCUREMENT
COMMITTEE; AND IMPLEMENTING PROGRAM TO PURCHASE COMMODITIES CONTAINING
RECYCLED OR RECYCLABLE CONTENT.
Mayor Suarez: Item 15.
Mr. Odio: This is the establishing a procurement policy for the waste -
reduction, creating a recycling procurement committee. This is part of the
State law that we were mandated, that we promote the use of waste -reducing
recycle, and recyclable products. This is part of all the... this whole
recycling thing that...
Vice Mayor Plummer: You're saying that we've got to do it?
Mr. Odio: yes, sir.
Vice Mayor Plummer: I move it.
Commissioner Dawkins: Second, and under discussion.
Mayor Suarez: Moved and seconded.
Commissioner Dawkins: In here, in the back up that you have given me, you
state "reasonable prices," then at the last three lines, you say "the
management division found that recycled paper meeting the minimum ten percent,
post consumer waste -recycled contents standard set for the by the EPA, could
cost the City, on an average, twenty-one percent more than non -recycled
paper." Are we going to buy the recycled paper, or are we going to buy the
cheaper non -recycled paper?
Ms. Judy Carter: That's one of the things that the committee plans to review.
We have done some preliminary investigation.
Commissioner Dawkins: All right. I move that this be deferred until the
people who want to tell the committee what to do, tell me what we are going to
do. I move that this be deferred.
Mayor Suarez: So moved.
Vice Mayor Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY VICE
MAYOR PLUMMER THE ABOVE ITEM WAS DEFERRED TO THE COMMISSION
MEETING ON JUNE 20TH 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 AFTER ROLL CALL:
50 May 9,1991
Mayor Suarez: I usually vote no, on such deferrals, except I have no interest
whatsoever in creating committees.
Mr. Odio: We have no choice.
Mayor Suarez: So, as far as I am concerned, you can defer it forever. I vote
yes.
18. AUTHORIZE MANAGER TO ENTER INTO COLLECTIVE BARGAINING AGREEMENT BETWEEN
CITY AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO LOCAL 587
(OCTOBER 1, 1990 - SEPTEMBER 30, 1993).
Mayor Suarez: Item 16.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion?
Commissioner Dawkins: Hold it, hold it.
Mayor Suarez: Discussion. I am glad you said that because I was going to
delve into it.
Commissioner Dawkins: Yes. Mr. Manager,
Mr. Odio: Yes, sir.
Commissioner Dawkins: I think it was instructed to you, that before you bring
an agreement to us for the Fire Department, that the differences between
the... and that's what it is, the black firefighters, and the other
firefighters, be, I can't say resolved, but be in a state of suspension. Is
that a correct statement?
Mr. Odio: I'll have to research it. I might...
Commissioner Dawkins: All right. Let me go back. I'm going to say it again.
Do not bring any agreement expecting me to vote for it, when the bargaining
agent does not represent the total work force. Now, the black firefighters
have been eliminated by the other firefighters, and constantly, the
firefighters say that they will take the black firefighters back, and the
black firefighters say, we can't go back on that condition, or something to
that effect. So I need to know from the Manager... no, Tony, you have... and
I have to say this to all of you. You have bargained in good faith, OK? You
have... but the Manager, got us in this bind. Because I told the Manager,
don't bring this up here until it was resolved. And the Manager, sat down
with you and did not tell you "Hey, we've got to meet this," so, you, I mean,
my hats off to you guys. You bargained in good faith, the Manager did not, in
my opinion.
Mayor Suarez: And I, you know, I don't want to tell you how to run your shop.
You're the president of the collective bargaining unit, but if I was to tell
you, I would suggest you sit down and just sort of smile your way through
this, and see how it goes. Yes...
Commissioner Alonso: I have one question. The fire prevention pay supplement
will increase from three twenty-five to five hundred quarterly, retroactive to
October 190. Is that in the budget?
Mr. Odio: Yes.
Commissioner Alonso: It is.
Mr. Odio: And the increase for next year of course, will have to be provided
for in the next budget.
51 May 9,1991
Commissioner Dawkins: While you're going through that? I mean, not that I am
going to discuss... I mean, I am deferring this. But what is... why would you
put in here, "four percent without roll -up would equal "X" dollars, and four
percent with roll -up will equal one dollar," when it's impossible to sign an
agreement with the firefighters unless you got the roll -up. You can't take
out the fringe benefits.
Ms. Sue Weller: We are not taking the fringe benefit out, Commissioner.
Commissioner Dawkins: But you're not telling the public that we are putting
them in. You're giving me a figure here that, for 1991/92, the four percent
increase, and then you put, without roll -up, equals one million ninety-seven
thousand, a hundred and twelve dollars ($1,097,112). Now the public goes away
from here thinking that that is what the firefighters got as a raise.
Vice Mayor Plummer: No, that's from previous years. No, no.
Commissioner Dawkins: Then when the papers see that they got, with roll -up,
which is fringe benefits, which they are entitled to - they got one million
five hundred and forty-nine thousand, one hundred and twenty-two dollars
($1,549,122), that is the bottom line.
Vice Mayor Plummer: No the roll -up though, Commissioner, is from previous
years. It's not for this year when there is no increase.
Commissioner Dawkins: Ninety-one...
Vice Mayor Plummer: No, sir. You have an accumulation of roll -up that
carries over from year to year.
Commissioner Dawkins: I did not say... you know, it's amazing how sometimes,
I make sense with my blood brother, and sometimes, I don't. OK? We're not
discuss... it says here, "subject fiscal year 90/91." OK?
Vice Mayor Plummer: Correct.
Commissioner Dawkins: Then it goes down, it says, "no increase." That's what
it says here in the agreement.
Vice Mayor Plummer: And that's correct.
Commissioner Dawkins: Then it says, "Fiscal Year 91-92."
Ms. Weller: That's correct.
Commissioner Dawkins: Now, then it says, "increase four percent in the Fiscal
Year 91-92."
Vice Mayor Plummer: It's the accumulation over past years.
J
i
Commissioner Dawkins: DO That has nothing to do with 1991. OK? So that's
the fringe benefits in 1991/92. That's what I am discussing.
Vice Mayor Plummer: You're correct, but what you have to take into
consideration, that the roll -up, whether they get a dollar more a year or
nothing, is an accumulated over a period of years. That's the roll -up
Commissioner Dawkins: All I am saying to you... all I saying is, say that.
Don't put nothing in there about, without roll -up. It's got to be with roll -
up - the cost of living, anything. All I am saying is, that we are not being
fair with nobody - the public, with them, and nobody.
Ms. Weller: Commissioner, it does state both situations, so that it is there
and it is clear on the record.
Commissioner Dawkins: Why would you put, "without a roll -up"? All right, let
me ask a question of the administration.
Vice Mayor Plummer: It's not clear to him.
52 May 9,1991
Commissioner Dawkins: Yes. Let me ask a question. Is it possible to force
the firemen to agree to a contract that eliminates money that they are
entitled to?
Mr. Odio: Well, we have in the... for instance, and let me see if I can
explain. The article on the fire prevention supplement, besides...
Commissioner Dawkins: Wait a minute. Well, let me ask my question.
Mr. Odio: Let me explain.
Commissioner Dawkins: See, all I need... I don't need for you to do the J.L.
Plummer with me. I don't need no philosophizing. I need for you to answer
the question.
Mr. Odio: No, I'm not. I am going to tell you that by giving them a fire
prevention supplement...
Commissioner Dawkins: No, no, no, that's not what I asked you.
Mr. Odio: ... you don't have roll -up.
Commissioner Dawkins: I asked you, can you sit down with the firefighters and
force them to tell you that they are not entitled to a cost of living, roll -
up, or what else you want to call it?
Mr. Odio: Yes, we can negotiate that. Yes, we can.
Commissioner Dawkins: No, you cannot.
Mr. Odio: Yes, I can, Commissioner. And I have.
Commissioner Dawkins: OK. Why is it...? You see, you all seem to forget
things when you tell them to me. Wait a minute, wait a minute. Now, when you
had the residency argument, and I explained to you, that we needed to force
people to live in the City, then you told me that because previously, we have
allowed people to move out of the City...
Mr. Odio: Yes.
Commissioner Dawkins: ... we can no longer force them to live in the City.
Mr. Odio: That is correct.
Commissioner Dawkins: So now, you're going to tell me in the same vein, that
since we have previously given the firefighters a cost of living raise, we can
demand that they no longer get it, when historically, you've given it to them.
Mr. Odio: No. I didn't say that. I said that I can nego...
Commissioner Dawkins: You said, you could force... you could negotiate it.
That's what you said.
Mr. Odio: Yes, I can negotiate a...
Commissioner Dawkins: But you can't win the negotiation.
Mr. Odio: Commissioner, let me explain something. When you give them a flat
bonus, like four hundred and sixty-five thousand dollars ($465,000) you in
fact, are eliminating the roll -up.
Commissioner Dawkins: That do a what? You do a what?
Mr. Odio: We have negotiated with the unions, where they get the fire
prevention pay for instance, that has no roll -up whatsoever. That's why I
believe in those bonuses. Because they don't have any roll -up in the future.
Commissioner Dawkins: And that's why as a union man, I'd tell them, they are
out of their...
Mr. Odio: So you can negotiate that.
53 May 9,1991
Commissioner Dawkins: That's why as a union man, I'd tell them, they are of
their cotton picking mind. Because if you give me a basic five hundred
dollars ($500) it does not go to my pension rights, and you're shafting me,
because later on, I will not get it. But you've got some younger fellows on
the firefighters, anywhere in the City of Miami, in the workforce, who does
not understand that for their benefit, in the long run, the raise is more
beneficial to them, because they will get more pension rights, than the little
bit of money that they will go and buy a TV with, or something that you give
them five hundred dollars ($500) with. Now that's my interpretation as a
union man.
Mr. Odio: I understand that, but think...
Mayor Suarez: Wait, let's hear some interpretations of union men. Let me
tell you my interpretation as, in this sense, Management. I already think
that the pension rights in the Fire Department, Police Department, are way too
high. So anything that reduces that in any way, and still gives them some
incentive to work a little harder, and make some additional monies is
acceptable with me. Although I understand from the union standpoint, that may
not be the ideal thing - what can you do? And I am going to start asking...
inquiring about future pension issues, and present issues as soon as
Commissioner Dawkins is finished his line of inquiry.
Commissioner Dawkins: OK. The other thing I need to bring to your attention,
and this is to all members who work for the City of Miami. Article 12.5. In
the event an employee desires the presence of an attorney to discuss a
controversy with representatives of the Claim Division of the City of Miami,
the parties agree that the attorney shall receive a token fee for his
presence, of fifty dollars ($50) per hour, not to exceed one hundred dollars
($100). And so, now, none of the... I've looked at all contracts and I don't
see that in none of the other bargaining agreements. So now you all can sit
out there, and don't have it. Now, the other thing I need to point out is....
In the Parks and Recreation, the Manager forced you to take a 25 percent
reduction.
Mayor Suarez: Let me just interrupt and note for the record on your prior
item, the head of the Police and General Employees Union both nodded like this
as you were speaking. I don't know if that means that they agree with you, or
that their necks are bothering them, but whatever we have it on the record.
Commissioner Dawkins: OK, no problem. All right, 18.2. "Those employees
hired after ratification of the labor agreement shall be hired at 10 percent
below step one, and shall remain at 10 percent below the step one rate for a
period of six months. Upon the completion of six months period, the
firefighters probationary employees shall be paid as reflected in step one of
the appropriate appendix." Charlie, you do not have any... If they hire a
person for 25 percent reduction, they stay there. See? It's right here.
We're not setting a precedent when you get ready to bargain. It's right here
for you, OK? The other thing is, you have given - what they call it? -the
safety pay or what you call it?
Mr. Odio: Fire prevention pay.
Commissioner Dawkins: What now?
Mr. Odio: Fire prevention pay.
Commissioner Dawkins: See, that's the way we give them money to keep from
giving them a raise which should really go into their - in my opinion - should
go in as a raise, because they're getting the money anyway.
Mayor Suarez: That's not a very creative name either, fire prevention pay. I
mean, everything they do is fire prevention.
Commissioner Dawkins: That's right, see, and the police get... What do the
police get?
Ms. Weller: It's called crime prevention pay.
Commissioner Dawkins: They get crime...
54 May 9, 1991
Mayor Suarez: Crime prevention pay for the police! Fire prevention pay for
the firefighters! God, we're not very creative today!
Commissioner Alonso: Both names are really something.
Commissioner Dawkins: All right, what kind of prevention pay does the general
service employees get?
Mayor Suarez: General prevention pay.
Commissioner Dawkins: What do they get?
Ms. Weller: This last year they got a $700 bonus.
! Mayor Suarez: Just flat out bonus. The old...
i
Commissioner Dawkins: They don't prevent anything, so they got a bonus.
I
Mayor Suarez: So you can't come up with another term that fits that little
mold?
Commissioner Dawkins: All right, what did the sanitation workers get?
Mayor Suarez: Waste prevention pay.
Ms. Weller: I believe they got a thousand dollar productivity bonus.
Commissioner Dawkins: All right, now...
Mayor Suarez: Productivity bonus. They produced more garbage.
Commissioner Alonso: Productivity bonus, oh well.
Commissioner Dawkins: All right. So now, Sanitation Department got $1,000
per worker. Is that right? That's right?
Ms. Weller: Yes, Commissioner.
Commissioner Dawkins: All right, and the General Service employees got $500
per worker. Is that right?
Ms. Weller: Seven hundred dollars.
Commissioner Dawkins: Seven hundred dollars. But, the firefighters get $500
per quarter, Charlie. And there's how many quarters in a year? Four.
Mayor Suarez: Most years, four.
Commissioner Dawkins: All right, and four times five is two thousand, OK?
Vice Mayor Plummer: No, no, no, no, it's an increase from three twenty-five
to five, so it's only a hundred and seventy-five a quarter more.
Commissioner Alonso: Yes, yes.
Mayor Suarez: Let the record reflect we have the AFSCME head, Charlie Cox,
speaking out of turn and out of order.
Commissioner Dawkins: And I want all of you to know, I'm not knocking this,
OK? But you guys allowed the Manager to let you all beat up on each other
instead of coming in collectively as a unit, and all of you get the same
thing. But when it ends up, you got the firefighters mad with the police
because the police got something. The police mad with... I mean, sanitation
workers mad with everybody because they didn't get something. And they didn't
get it because they didn't know what was bargained.
Mayor Suarez: There are some Commissioners here who don't believe that all
the unions should get exactly the same thing, Commissioner, so, I mean...
Commissioner Dawkins: Well, see, that's why I'm saying that the workforce
need to be united, and then the Commissioners who are in favor of those who
they want to have it, will either have to vote for everybody to have it or
nobody get it. It's just this.
55 May 9, 1991
IM
Mayor Suarez: And maybe we'll never have any agreements, that just...
Commissioner Dawkins: No further discussion.
Mayor Suarez: All right. On the black firefighters, is there anyone here
representing the Association of Black Firefighters?
Mr. Reynold Martin: Reynold Martin, the president of the Professional Black
Firefighters Association.
Mayor Suarez: OK, would you come up to the mike for a second?
Mr. Martin: I'm here.
Mayor Suarez: Or just stand by, just let me see what we can do by way of
getting a report. I had a private meeting yesterday with the president of the
union, and he gave me his version of where things stood. Is there anything
you want to put into the record at this point? I know you're not represented
here today by counsel on the continuing disputes, if any, or do you think that
progress is being made?
Mr. Martin: I just want to say that I can't support a contract that would not
include some agreement on discrimination within the Fire Department. You
know, in the Fire Department in the City of Miami, you're now involved in a
dispute called Bazemore that the City is going to probably lose because you
fired the guy that you said, you know, did not provide a certain standard of
care. My point is, that if you don't provide a certain standard of care, the
patient dies. We got a problem in the Fire Department that for lack of care
on the part of the Commission, we're going to have the Fire Department if not
die, suffer irreparable injury. We think that the discrimination issue should
be resolved before you sign the contract. It does not make any sense to me to
leave it outside the contract, and move forward and leave that there.
Vice Mayor Plummer: There is a provision as I read here...
Mr. Martin: Yes.
Vice Mayor Plummer: ...that is in this contract, and let me put it in the
record. Negotiations will continue on discrimination, prevailing benefits,
vacancies, promotions for the next 90 days. If an agreement is not reached,
it will then be referred back to the City Commission.
Mr. Odio: That is correct. We made sure of that.
Commissioner Dawkins: Why can't the City Commission settle it before you pass
it and it don't have to come back?
Mr. Martin: Good point.
Commissioner Dawkins: No, no, no. No, I'm talking to my fellow
Commissioners, sir.
Mr. Martin: Is that question directed to me?
Commissioner Dawkins: No...
Mayor Suarez: No, no, no.
Commissioner Dawkins: No, no, no, not to you, sir.
Vice Mayor Plummer: Well, let's get off dead center. What are the remaining
issues that have not been discussed?
Ms. Weller: All right.
Mr. Odio: OK, we have discussed, and we are discussing is affirmative action
promotions...
Ms. Weller: May I...
56 May 9, 1991
[2
Vice Mayor Plummer: OK, they came to see me, OK? As I
and every member of this Commission. One of the biggest...
think they did each
Mayor Suarez: Please, please, please.
Mr. Martin: When you say they, sir, who are you referring to?
Vice Mayor Plummer: One of the biggest...
Mayor Suarez: Please, please, please, he's referring to the union.
Vice Mayor Plummer: One of the biggest, as I recall, problems that existing
was the split, as it's so called, between the white firefighters, or the
present union and the black firefighters. That was one of the biggest issues
of discrimination.
Commissioner Dawkins: Some of the black firefighters, because some of the
black firefighters are in with the other group.
Vice Mayor Plummer: OK, but...
Commissioner Dawkins: OK, all right, OK.
Vice Mayor Plummer: But, it was expressed to me, and I take it that the man
is not going to sit there and lie to me, that they have over the past months,
sent letters, got approval of the international to bring in the black
firefighters as part of, at no penalty, at no back dues payment, and that they
have invited them to come back within the fold. And that, as I recall, seven
of them have done such, and for whatever reason, the others have not - whether
it's their own personal reasons or whatever - but that they had made this,
what I guess, what I thought was a big stride, because at the last time that
we discussed it here in front of the Commission they were absolutely
deadlocked. Now, what other areas beside that still remain?
Mr. Martin: Sir...
Mayor Suarez: Wait, wait, before you address the Commission, let me clarify
in approving or not approving, or contemplating approving, a contract with the
collective bargaining unit of the City of the firefighters. We are only
negotiating with that unit. We are pleased, and I think we have an absolute
right to take comments from any employee including an association of
employees, and for that matter, from the general public. So I just want to
clarify that on the record, and as we Commissioners discuss this item, let's
be careful and on issues affecting the agreement, we direct them essentially
to our management, and to the union to the extent that they need to clarify
anything, and I have to suggested to him that he not clarify too much. He is
probably going to get into some hot water if we does, for other reasons,
practical and otherwise, but he certainly has a lawful right to be making
their presentation and as to black firefighters, or any other individual
firefighters that we just get input from you which we're entitled to get, I
think under the first amendment and a few other amendments probably to the
Constitution of the United States which also binds us. So, as Vice Mayor
Plummer is inquiring, what other things, Mr. Manager, would you expect that in
that 90 day period would be pending to be discussed and worked out if you're
able to define it. If you're not able to define it understanding this dispute
has been going on now for two or three years, and at different times we've had
a tough time figuring out exactly what the discussion is. We know that
affirmative action is a big matter of dispute. We know where this Commission
stands. We would much prefer not to be litigating with the union on that, but
again, we can't prevent them from litigating that item.
Mr. Odio: Well, let me say this on...
Mayor Suarez: Besides that item...
Mr. Odio: For the first...
Mayor Suarez: ...because that really isn't under discussion. The
Commission's policy is rather clear. It's unanimous, and I know your
statements are very much in support of it...
Mr. Odio: Let me - I have to say this...
57
May 9, 1991
Mayor Suarez: ...to continue with a system which may not be perfect, but it's
the best one we've got so far of implementing affirmative action. And they
have a right to be in court about it, I suppose. I wish they wouldn't.
Mr. Odio: For the first time though, I have to say this, they have come forth
with a plan. First time that the union...
Mayor Suarez: I've heard that also.
Mr. Odio: ...has come forth with a plan. And I'm very pleased with that. We
are trying to find a middle...
Mayor Suarez: Maybe at some point if the rules allow, we could discuss that
in executive session with the Commission what that plan is, and what
alternatives there may be.
Mr. Odio: The first plan was not acceptable to me, so we're back to the
table. We hope that we can find a way of finding a middle of the road
solution to promotions that meets the goals of the consent decree. We...
Mayor Suarez: OK, but on that issue...
Mr. Odio: ...want to continue on that.
Mayor Suarez: ...obviously, we are on the side, I would say roughly described
as being the side of the black firefighters.
Mr. Odio: I'm not dealing with the black firefighters on this. I'm just
dealing with...
Mayor Suarez: Right, but the Commissioners question, the Vice Mayor's
question, and all of our questions is, what other issues are pending, other
than affirmative action, with the black firefighters? How would you
categorize those? I know they're generally described, and have been described
by Mr. Martin as discrimination, etcetera.
Mr. Odio: We cannot negotiate with the black firefighters. We're negotiating
with the union.
Mayor Suarez: As to the issues of discrimination which have kept apart black
firefighters from the union, etcetera, what other things are mentioned in the
agreement...
Commissioner Alonso: Prevailing benefits, vacancies, promotions...
Mr. Odio: Prevailing benefits and the vacancies and so forth. But the...
Mayor Suarez: I thought you had a 90 day clause that Vice Mayor...
Commissioner Alonso: Yes, yes, maximum ninety...
Mr. Odio: That's right, we do.
Ms. Weller: I'd like to... Let me clarify something on what...
Mayor Suarez: Wait a minute. Which refers, I thought it referred to black
firefighters and their concerns.
Mr. Odio: Discrimination that's per se...
Mayor Suarez: All right, could you please describe to us where we are on
those and...
Ms. Weller: No, that's...
Vice Mayor Plummer: Well, but wait a minute, that's not a complete statement.
Let's also remember the black firefighters are affected by a pay increase,
prevailing benefits...
Mr. Odio: Oh, they'll get all of that, yes.
m
May 9, 1991
Vice Mayor Plummer: It's all of that is to their advantage also even though
they have these other areas of concern...
Mr. Odio: And we want...
Vice Mayor Plummer: ...that any kind of a delay does, in fact, affect them
also.
Mayor Suarez: Yes, it does, but as to the items that specifically apply to
them, is there any other way to... any other basic issues that can be stated
into the record?
Ms. Weller: Mr. Mayor, let...
Mr. Odio: I need to say something. We have to be careful, there's still a
litigation over the Boykin case that directly affects me personally and the
Fire Chief personally, not as City....
Mayor Suarez: Fine, if you want to limit yourself to making any comments on
the Boykin case, that's fine. Is that one of the items that would be
considered to be part of this whole picture? What other items?
Ms. Weller: Let me explain one thing here. When you talk about the
discrimination article, and you talk about the prevailing benefits article,
there are only two sections in those two particular articles that are open.
And those are two sections that coincide and can be affected by whatever is
agreed to under the promotional article. And that's why those three articles
have been set aside to be discussed for the next 90 days. The only other
thing that is...
Mayor Suarez: What does the prevailing benefit article refer to? What is
that?
Ms. Weller: The particular section that's open under prevailing benefits?
Mayor Suarez: Yes.
Ms. Weller: That talks about that there will be nothing in preventing this
City from implementing items under the consent decree. In other words, if we
come to an understanding on how promotions...
Mayor Suarez: What is the term prevailing benefit have to do with the consent
decree?
Ms. Weller: Prevailing benefit is a benefit that is a...
Mayor Suarez: What do you mean by prevailing benefit in that context?
Ms. Weller: Is a benefit that has continued on in force or a past practice as
it was referred to in a lot of cases. It's typically for just a past
practice.
Mayor Suarez: And what does that have to do with the consent decree?
Ms. Weller: Because there is a section in the prevailing benefit article, a
j particular section, that specifies those things that have been implemented
under the consent decree we cannot do away with unless we go to court.
Because that is a prevailing benefit.
Mayor Suarez: Of course. So you would have a provision that says, we hereby
incorporate into this agreement each and every judicially imposed norm,
guideline, legal requirement, and you sure as heck wouldn't call it prevailing
benefit, whatever that means. Anyhow, that's what you mean by that? Then why
do you need to leave that out for 90 days further consideration? That's just
what the law is.
Ms. Weller: Because there is specific language in that article, that's why.
That addresses the consent...
Mayor Suarez: In which article?
Ms. Welter: The prevailing benefits article. It says...
59 May 9, 1991
Mayor Suarez: I don't give a hoot about the prevailing benefit article. I'm
questioning whether we should have a prevailing benefit article. What are you
saying?
Ms. Weller: I would love to get rid of the prevailing benefit article.
Mayor Suarez: Can anybody explain this to me in anything that makes any
rational sense? Why do we have a prevailing benefit article?
Ray Irizarri, Esq.: If I may, Commission...
Commissioner Alonso: We have discussed it.
Mayor Suarez: If you're saying that you want to be absolutely sure that this
contract incorporates as it has to, the prevailing law - if that's what you
mean by prevailing benefit, the prevailing law - as stated in the consent
decree, so why do you need to have a 90 day provision as to that? What are we
talking about?
Mr. Irizarri: The purpose of the prevailing clause article in the labor
agreement is the counterpart of the "zipper clause" in the management rights.
Mayor Suarez: Ah, you gave me another term that I have no idea what you're
talking about.
Mr. Irizarri: All right, let me... it incorporates past practice in any and
all regulations that have been acted by, in this case, the Commission.
Mayor Suarez: Well, in this particular case, as to the consent decree, it
incorporates a judicial decree that has been worked out after much litigation,
and that's all that the clause should do. And I don't see why there's any 90
day provision related to that unless we expect some decision in 90 days or
something that's going to change that. Anyhow, you have that in there. OK,
what else...
Mr. Odio: That's it.
Ms. Weller: Other than the reopener, that's it, Commissioner.
Mayor Suarez: Other than what?
Ms. Weller: That's it, Commissioner.
Mayor Suarez: Other than what?
Ms. Weller: The reopener in the third year, that's it, on residency.
Mayor Suarez: All right, is that opener in any way relating to residency
requirements?
Mr. Odio: Yes, it is, that's what you told us to do at residency, and
increase of salaries.
Mayor Suarez: Mr. Bryson is it...
Commissioner Alonso: Oh, excuse me. Couldn't we have done everything
together rather than separating these parts, and just discuss the entire
package together?
Mr. Odio: The promotion issue is something, Commissioner, that we might
not...
Commissioner Alonso: It does make sense to me.
May 9, 1991
NOTE FOR THE RECORD: At this point, the Mayor
recognizes the presence of Yoshinori Akasaki, Mayor of
Kagoshima, Japan. (Interpreter: Yoshihiro Obat,
attorney.)
Mayor Suarez: The chair takes this opportunity to recognize Mayor Akasaki
from the city of Kagoshima. (APPLAUSE) Mr. Mayor, we are discussing one of
the toughest issues that any local government has to discuss, which is a
collective bargaining agreement with one of our principal unions which is
specifically the Fire Department, and to make matters even more complex, we've
had...
Mr. Yoshihiro Obat: (COMMENTS IN JAPANESE.)
Mayor Suarez: Are you on the union's side or on our side?
Mr. Obat: (COMMENTS IN JAPANESE.)
Vice Mayor Plummer: Do you speak Spanish?
Mr. Obat: No, I don't think so.
Vice Mayor Plummer: Oh, OK.
Commissioner Alonso: Oh, we are so glad.
Mr. Obat: I have enough problems with the Japanese.
Mr. Odio: No, Plummer, he's an attorney.
Mayor Suarez: And Mrs. Akasaki too, right?
Commissioner Dawkins: And his wife.
(APPLAUSE)
Mr. Obat: (COMMENTS IN JAPANESE.)
Mayor Suarez: Usually the way it splits up, the Mayor is on the management
side, and the Mrs. is on the union side. So if you want to, you can take up
your...
Commissioner Alonso: Good for her.
Mr. Obat: (COMMENTS IN JAPANESE.)
Mayor Suarez: It works like that at my house, 1 know that.
Mr. Obat: (COMMENTS IN JAPANESE.)
Mayor Suarez: We have the additional complexity here that we have a...
Mr. Obat: (COMMENTS IN JAPANESE.)
Mayor Suarez: ...somewhat nationally determined issue that affects our
collective bargaining agreement with the firefighters which has to do with the
proper way to redress past discrimination against minorities, and that issue
is also part of our discussion. It involves judicial proceedings and
philosophical arguments that are being carried out throughout the nation, and
it's complicated. So that further makes the collective bargaining agreement
an issue to be debated today.
Mr. Obat: (COMMENTS IN JAPANESE.)
Mayor Suarez: OK.
Commissioner Alonso: Be certain we make all of that part of our record.
61 May 9, 1991
r 0
Mr. Obat: (COMMENTS IN JAPANESE.)
Mayor Suarez: OK, I have been inquiring, but Commissioner Alonso wanted to
pursue one of them, no?
Commissioner Alonso: No, I wanted to find out why didn't we consider all of
the points at the same time rather than having it 90 days and leave it as a
separate group of discussion?
Mr. Shorty Bryson: OK, Shorty Bryson, president of Miami Firefighters
Association, Local 587. Let me just go back if I may, it will only take a
couple of seconds here. But, first of all, the black and the union issue, we
want to resolve that issue worse than any issue internally that we have. We
have tried, we've opened the door. Anybody can come back at this point and
get back in with no back dues or anything else. I've even gone further.
Yesterday in the Labor Management Conference sponsored by the City Manager's
office, we sat in a task group with the chiefs, with some of the black
firefighters, and we talked about new suggestions to try and open those doors
up. So I want you to know that we're not giving up on that issue. We realize
that under the law, we represent everybody, and we're the strongest with
everybody in our union.
Commissioner Alonso: That's right.
Mr. Bryson: So, we're trying to get past it ourselves. Secondly, on these
issues that remain open. The reason they remain open is we're taking the
constraints that are imposed on us legally, and saying, how can we create a
better system for everybody? There is a better system that will still allow
the City to do what they have to do. Right now we have lists that you can
study on and you can be number nine or ten, and you don't know if you're going
to die there, or you'll get promoted. What we're trying to do is make it so
that people would know with some certainty whether or not they had a good shot
at getting promoted and stopping this thing where they sit there in total
anxiety and they fight amongst themselves. All those three articles are tied
into that promotional system. If we can't do it in 90 days, we can go to
impasse, and you know who the final power rests with, and that's you, as a
political body.
Mayor Suarez: OK.
Mr. Bryson: So we know what's happening here, and that's what we're trying to
do. The reason we can't tie it up right now is that it is a complicated
issue. We've been struggling with it for two or three years, and you all know
how complicated it is, because you have too.
Commissioner Alonso: Thank you.
Mayor Suarez: OK.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Like he said, I want to thank him for the efforts that
they have put forth to resolve this. And I said to Shorty yesterday, and I
say to him again today, my problem right now is not with the black
firefighters or the other firefighters. My problem is that the Manager
refused to let me know that he had sat down with the black firefighters and
heard their side of it, and told me in writing, or in this document anything
that was discussed with them, any agreement that was made with them, any
agreement that he could not make with them, and that's my problem.
Mayor Suarez: OK. I am, for myself...
Vice Mayor Plummer: Well, excuse me.
Mayor Suarez: Yes.
Vice Mayor Plummer: The Manager is saying that he can't do that, and I
understand. I think of where he is coming from, I don't think that...
Commissioner Dawkins: I did not ask him to negotiate.
62 May 9, 1991
Vice
Mayor
Plummer: He
said discussion, he didn't say negotiate.
Mr.
Odio:
I have asked
him...
Commissioner Dawkins: I did not ask him to... You see, I did not ask him to
negotiate. I said that he sit down, just like Shorty said, that he call him
and Shorty in and say, hey, look, they have bent over backwards, you guys are
refusing to even budge. Now, if you budge then we can solve this. That's not
negotiating. That's bringing people together to try to find a solution, in my
opinion.
Mayor Suarez: Thank you. Because at one point, two of us were suggested for
that task. It never happened, and perhaps any effort that is made by
management or otherwise to bring the two sides together would be very helpful.
Mr. Odio: We sponsored a conference, a two day...
Mayor Suarez: I'm not interested in pursuing that. If you want to answer it
privately. No, I was just making a statement, and I would hope that... I
don't happen to think that it will be resolved at the level of the Manager
frankly. I think it has to be resolved at other ways. So I don't have any
faith in that particular. Not because of you personally, just because of
other things. You feel very compelled by the law, and by what you consider to
be your constraints to quote, unquote, negotiate. I feel a little bit less
constrained by it I know that, and I think some of the other Commissioners
feel less constrained. Did you want to make a statement on...
Mr. Martin: Sure I do. The word good faith comes to my mind. The Manager
has initiated a process...
Commissioner Dawkins: Pull the mike...
Mayor Suarez: Yes, get the mike a little closer to you.
Mr. Martin: The Manager has initiated a process called labor management
committees and to the best of my knowledge, my organization has not been
contacted so that we can get people placed so that he can get our point of
view even in that process. They had a labor management kind of negotiation
session - well, I wouldn't call it negotiations, it was informal workshops -
for the past couple of days where blacks were involved. And they had a task
force, according to Shorty, that they discussed certain issues. But our
organization was not formally invited, and I don't think that's good faith.
Mayor Suarez: We11, he's trying to do that informally because the formal
invitation to a labor management type committee or deliberation might sound a
lot like treating it as a collective bargaining unit, but that...
Mr. Martin: You know, we're still talking about good faith. An invitation
could have been extended. If you want, the issues before you...
Mayor Suarez: And it's always helpful to be at a table where things are
discussed affecting employees, that's for sure.
Mr. Martin: If you want, the issues before you, you must involve the people
that have the issues.
Mayor Suarez: By the way, at the prior hearings that we had on this
Commission where the allegations were made, affirmative action, obviously, was
in the minds of everybody, both sides, and that was always an issue. And all
of its repercussions created tension in the department. We haven't solved
that. Obviously we haven't solved that. We've just restated Commission
policy and what we think the law is and how we want the law to continue being
implemented. We also discussed - and I, just for the life of me, can't
believe we don't have the Fire Chief here, but...
Mr. Martin: He's here.
Mayor Suarez: ...we'll get the best answers we can, and from the Manager and
from Assistant Fire Chief. What have we done to eliminate - and I've gotten
Shorty's version of it, of course - but to eliminate this feeling that we have
a fraternity, we have initiation rites. Is that now something that we can say
63 May 9, 1991
is behind us? The department is going to be a, you know, acting as a
department, as a professional department.
Mr. Odio: The first thing we did in compliance with what we agreed to, we
hired an affirmative action officer, and from what I've heard, she's doing
very well. Duke cannot...
Mayor Suarez: Is it clearly understood, Chief Duke - forget hiring
affirmative action officers - that this is not a fraternity, that we don't
have initiation, that we don't have hazing, that we don't have pranks any more
than I don't pull any pranks on my employees or my employees pull any pranks
on each other. Is that something that you think is safely outside in the past
history of this department?
Chief C. H. Duke: I would like to believe that it's absolutely in the past of
this department, and we're working in that direction for the last four and a
half years.
Mayor Suarez: I'd like to believe it too. All right. Have you taken and put
it in writing? Have you gone to the individual employee...
Chief Duke: We have visited fire stations, we have put it in writing.
Mayor Suarez: At one time, I was at some kind of a seance they called a
school. I remember that, they called it a school. It's a heck of a term, but
then it could be administration not doing better with terms. And have you
attended those sessions in the individual Fire Department buildings and spoken
to the rank and file?
Chief Duke: Yes, sir.
Mayor Suarez: All right. On the issue of ethnic pranks, ethnic jokes, sexual
innuendos, do you think that clear guidelines have been laid down, not only at
your level, but at the level of the captains, division chiefs, and so on,
lieutenants?
Chief Duke: I feel very comfortable that the directions have been given,
absolutely.
Mayor Suarez: And you believe, I presume, that there is still an atmosphere
that pervades the department of - or at least affects the department to an
intolerable degree of discrimination?
Mr. Martin: There are unresolved issues, yes, sir.
Mayor Suarez: There are unresolved issues. Are they mostly individual issues
at that...
Mr. Martin: No, I think they're collective.
Mayor Suarez: Collective. That's another way of saying institutional.
Mr. Martin: As it relates to us as a group.
Mayor Suarez: As a group. All right, I figured that's where we were going to
end up. But at least we got it...
Chief Duke: I addressed the professional black firefighters group the other
night at their meeting. We had an open discussion for about an hour. I would
say roughly an hour that 1 was there, Reynold?
Mr. Martin: There about.
Chief Duke: And we covered many many items, and I think there are still some
collective...
Mr. Martin: It would have appeared that there were unresolved issues too, I
would think.
Chief Duke: There are still unresolved issues as there are in any major
organization, but we're working on them.
64 May 9, 1991
Mayor Suarez: I understand that. By the way, the fact that you appeared
before the group to me means something. In fact, it means a lot. And I don't
want to tell you what...
Mr. Martin: Well, I invited him.
Mayor Suarez: Right. I wouldn't want to tell you who else to invite, but I
think some of us up here would be most pleased to be invited. And I think all
the individual Commissioners would like to...
Mr. Martin: You guys have anybody to deal with validation studies within the
City?
Mayor Suarez: All right, if you don't want to invite us, don't invite us.
Mr. Martin: No, that's not my point.
Mayor Suarez: I don't do validation studies but the City certainly has to do
validation studies. If you want to discuss the items with me, I would be most
happy to meet with the black firefighters collectively or individually. In
fact, I'm trying to do that individually and I'll be reaching you on that to
do.
Mr. Martin: I'll be pleased.
Mayor Suarez: Very good. Other issues. What is the total amount of the
firefighters' pension fund? Does anybody have that figure? How much do we
have right now in the pension fund?
Mr. Odio: They're combined with the police fund. It's up.
Mayor Suarez: OK, what is the total amount of police and firefighters'
pension fund?
Mr. Odio: From memory, it's about five hundred... I don't want to use a
number. I'll have...
Mayor Suarez: Is there anyone, Shorty, from your organization that is here
that's a member of the board?
Mr. Bryson: No, but I know.
Mayor Suarez: OK, thank you. I'm glad somebody knows.
Mr. Bryson: The FIPO (Fire and Police) plans...
Mayor Suarez: This has been the topic of a lawsuit that involves a
$200,000,000 liability for the City of Miami, you'd think somebody would know
where we are on it.
Mr. Bryson: The FIPO plan last actuary report was $390,000,000. Today it's
more.
Mayor Suarez: I thought you knew.
Mr. Bryson: It is. It's three ninety, it's the last actuarial number was
three...
Mr. Odio: Three ninety.
Mayor Suarez: You know that it's more than three ninety. Is it more than
four hundred?
Mr. Bryson: Yes, sir.
Mr. Odio: Could be.
Mr. Bryson: But it fluctuates.
Mayor Suarez: All right, let the record reflect that just as to Police and
Fire, the City has over $400,000,000, Mr. Mayor, for their pensions.
65 May 9, 1991
Mr. Odio: And the...
Mayor Suarez: One of the reasons that we have a tight budget every year is
that this is an incredible, incredible pension and on top of that, a court has -
found that we have underfunded it, believe it nor not. But at least we're
investing wisely, and all of those who are on the board... Who represents the —
administration on the board? -of Fire and Police?
Mr. Bryson: Al Ruder.
Mr. Odio: Al Ruder.
Mayor Suarez: Al Ruder. He's not here by any chance, is he?
Mr. Odio: Yes, he's here in the building. Let me say...
Mayor Suarez: If he happens to be here, I might ask him a couple of
questions. Yes, Mr. Manager.
Mr. Odio: The unfunded part of it is only $37,000,000 at this point, or it
was. _
Mayor Suarez: For this particular plan.
Mr. Odio: For FIPO yes.
Mayor Suarez: For Police and Fire. If we could take a $37,000,000 check, we
would have solved that underfunding of this particular one, if we had it.
Vice Mayor Plummer: Wait, wait, that doesn't include the Gates' settlement.
Mr. Odio: Yes.
Mayor Suarez: Yes, that is the Gates' settlement.
Mr. Odio: You could settle Gates with $37,000,000.
Mayor Suarez: As to this part of the plan.
Mr. Odio: As to FIPO. Am I right?
Mr. Bryson: I can't give you that answer.
i
Mr. Odio: I saw the number. It could be...
Mayor Suarez: Well, there may be some quibbling on the figure, but it's a
hell of a lot less than it used to be.
Vice Mayor Plummer: Are you speaking to Police and Fire?
Mr. Odio: FIPO. FIPO.
Mr. Bryson: I will tell you this, that your normal cost, not including Gates,
has been going down steadily every year. You pay very little now.
Vice Mayor Plummer: No, no, no.
Mayor Suarez: Yes, we know that. Our normal contribution has been going
down. In fact, it was zero, I think, one year.
Vice Mayor Plummer: Wait a minute, let me ask this question. In the Gates
settlement, you're telling me...
Mr. Odio: I'm telling you.
Vice Mayor Plummer: ...that if we settled it completely today for
$37,000,000?
Mr. Odio: Yes.
Mr. Bryson: I don't think so.
66 May 9, 1991
r 0
Mr. Odio: Yes.
Mayor Suarez: But only...
Vice Mayor Plummer: But wait a minute, I've got to go back and ask, why did
the administration come out here about a year ago asking us to put out a bond
for $225,000,000...
Mr. Odio: Because the combined...
Vice Mayor Plummer: ...which was going to cost the City $600,000,000...
Mayor Suarez: Thank you. Thank you.
Mr. Odio: The combined plans, GESE (General Employees and Sanitation
Employees) and FIPO are about a hundred and some million. I have to look at
the numbers. I'm just going from memory.
Mayor Suarez: If you pay off the liability over time, if you don't have the
money to pay right now, and if you make certain assumptions on investment, it
comes out to a huge amount. But right now we've reduced that liability as to
this plan to the point of somewhere around thirty-seven. You might disagree a
little bit on the figure, Shorty. And everybody has their own actuaries. Mr.
Manager, are you satisfied that we are making progress? And if so, what does
this agreement say as to pension benefits to new firefighters coming into the
department?
Mr. Odio: Yes, I...
Mayor Suarez: Are we beginning to reduce those and bring them into line with
the private sector? -which, by the way, if I had to characterize the private
sector right. Generally, the private sector, except very large companies,
there are no pension benefits. You work until they can pay you, and then
you're gone and you rely on the good old social security.
Mr. Odio: Well, we are in very serious negotiations with the board and with
the firefighters and the police union in trying to find a total solution for
the pension payments and etcetera, and the benefits will change accordingly.
Mayor Suarez: OK now, does agreeing to this contract tie us down for another
three years as to new employees and them having vested rights to what I
consider to be very large pension benefits?
Mr. Odio: Yes.
Mayor Suarez: It does. How about...
Mr. Bryson: Sir, wait...
Mayor Suarez: No?
Mr. Bryson: That article was left open.
Mr. Odio: But it's open, it's open.
Mr. Bryson: The pension is left open.
Mr. Odio: Whatever we agreed to, it will affect any new employees also.
Mr. Bryson: It could be closed any time there's an agreement.
Mr. Odio: That one is open.
Mr. Bryson: So new hires can be negotiated in.
Mayor Suarez: But open at one...
Mr. Bryson: But, of course, you realize the other fire departments are now
getting three percent a year.
Mayor Suarez: To be renegotiated at one point though. To be renegotiated at
one point.
67 May 9, 1991
Mr. Odio: We are now doing that.
Mayor Suarez: OK, that's open. So we're going to sign an agreement with that
open.
Mr. Odio: And I'm hoping that before this year, budget year is over, we have
a solution.
Mayor Suarez: And the "rule of seventy" you told me yesterday what, Shorty,
on that?
Mr. Bryson: That the "rule of seventy" affects those that are under Gates
which no one hired after 1985.
Mayor Suarez: Mr. Manager, we discussed this yesterday, and I want to tell
you for myself - I don't know how the rest of the Commission feels - you know,
I'm against the "rule of seventy." I want to do away with the "rule of
{ seventy" for new employees. I understand that the proposed, or the existing
norm, for new employees is they must reach the age of 50.
Mr. Bryson: That's their normal retirement age is age 50 for new employees.
Mayor Suarez: Right. I would submit to you that not only should we not move
away from having the rule of seventy not apply to new employees, as I hear
Shorty say he's planning for the future to try to negotiate, but I would
suggest that the retirement age be moved to an older age in view of the older
population that we have. In view of the fact that we simply cannot afford
benefits to people, fully vested benefits to people, who are fifty. Mr.
Bryson, what is so funny about that proposal, sir?
Mr. Bryson: It's not funny, it's just scary.
Mayor Suarez: Well, you're certainly getting enjoyment out of it.
Mr. Bryson:
Well, it's scary to me, Mr. Mayor...
Mayor Suarez:
Why?
Mr. Bryson:
...because right now Dade County is going to three
percent a
year, we're at two and -a -half. Miami Beach is at three percent
a year for
fifteen years...
Mayor Suarez:
Wait, wait, wait, what are you talking about? I
don't know
what you're talking
about. What do you mean three percent a year?
Mr. Bryson:
Their pension benefits, sir.
Mayor Suarez:
Three percent a year meaning what?
Mr. Bryson:
Mean for every year of service...
Mayor Suarez:
Three percent accumulated benefits for every year of
service.
Mr. Bryson:
That's correct.
Mayor Suarez:
So, if you're 20 years of service, you get sixty percent.
Mr. Bryson:
Sixty percent. That's correct.
Mayor Suarez:
Sixty percent of?
Mr. Bryson:
Your final highest year's average here in the City under Gates.
Mayor Suarez:
I've been on this Commission five and -a -half years,
and I have
accumulated zero
percent after five and -a -half years.
Mr. Bryson:
Well, you might need a union, sir.
(APPLAUSE AND
LAUGHTER)
Mayor Suarez:
I have been in a law firm...
68 May 9, 1991
t r
Mr. Bryson: That wasn't a shot, that was supposed to be funny.
Mayor Suarez: Fine. It was supposed to be. I have been in a law firm for
almost three years, and I have accumulated zero benefits. I do have some...
Vice Mayor Plummer: Change law firms.
Mayor Suarez: I do have some termination benefits, I guess. I submit to you
once again - and I don't know if I speak for the rest of this Commission - the
taxpayers are saying these are excessive benefits. If you don't have the
ability to negotiate with existing employees because they can argue that
you're violating contractual rights, etcetera. I'm not sure, by the way, that
that argument is iron bound, you know, cast bound like that. I think you
could change it if you simply go into bankruptcy, all right? -or if you simply
can't pay the benefits. But as to new employees, I would submit to you that
you explain to them as they come into the union, as they come into the
department, these are excessive benefits. They're incredibly excessive
benefits, I believe. Maybe the other Commissioners think that they're
slightly excessive or medium excessive, or maybe they think they're great, and
they should be added to. I don't know. And I'm not pointing at anybody
because, you know, I just kind of went like that because sort of a...
Mr. Odio: Mr. Mayor, we are addressing one percent under the rest of the
other unions.
Mayor Suarez: I think whoever we're one percent under, we're many percent
over the market as I stated. In fact, we're almost infinitely over the market
because the market is almost zero for many many people, many employees. They
get no pension benefits vesting over ten years or twenty years. Yes,
Commissioner Dawkins.
Commissioner Dawkins: Mr. Mayor, point of special privilege. Where is the
interpreter? OK, will you ask him to come to the mike.
Mr. Yoshihiro Obat: I'm your side now.
Commissioner Dawkins: OK. I would like for you to have the Mayor stand, the
Mayor, have the Mayor...
TRANSLATED INTO JAPANESE BY MR. OBAT.
Mayor Suarez: Mayor Akasaki from the city of Kagoshima.
Commissioner Dawkins: These are students from our international school of
languages. It is a elementary school, and they will visit the school and
these youngsters take Spanish, French, and German. And they are here to see
the delegation and welcome you and they wanted to see you. That's why we...
they've been here all day. And they wanted to say hello to the Mayor. OK,
and they're going to leave. Tell him. Thank you.
TRANSLATED INTO JAPANESE BY MR. OBAT.
Vice Mayor Plummer: They are also our financial advisors.
TRANSLATED INTO JAPANESE BY MR. OBAT.
Commissioner Dawkins: OK, thank you, sir.
Mayor Suarez: That's the boards of trustees of our pension plan right there.
On the issue of the "rule of ninety." See, I want to make it the "rule of
ninety" already.
(APPLAUSE)
Commissioner Alonso: It's been a very exciting day.
Mayor Suarez: Really.
Commissioner Alonso: Yes.
Mayor Suarez: You're witnessing an exciting... On the issue of the "rule of
seventy", do I understand correctly that the agreement as to new employees,
the agreement does not affect that at this point?
69 May 9, 1991
Mr. Odio: Yes, it does not.
Mr. Bryson: About the past six years no ones been affected with the rule of
seventy.
Mayor Suarez: All right. Hopefully, that will continue. Residency to be
reopened, third year. You can reopen, you can reclose, you can do whatever
you want. If you want my vote, when you reopen it, it's got to be applied to
all new hires. And I think there's one other Commissioner that feels that
way, maybe two. So you can see right there that's not going to be a
negotiable issue in three years. We're saying it's negotiable, but we
understand that we're going to win that one. Entry level salaries, step one.
I heard something different today.
Mr. Odio: It's ten percent less.
Mayor Suarez: Ten percent less for how long?
Vice Mayor Plummer: Only probationary.
Mr. Odio: While they are on probation.
Unidentified Speaker: Six months.
Mr. Odio: Six months.
Mayor Suarez: Well, I thought entry level salaries meant just like it does
for AFSCME, for the first step in the department. Now you're saying it is
not, just for probation.
Mr. Odio: They used to be the same dollars that they would be on the step
one. And we're reducing that by...
Mayor Suarez: I don't care if you reduce them by the amount you told me that
other departments were reflecting throughout the country. I don't care if
they were less or more than before. If they're excessive, we have 1,200
applications sometimes for 20-30 positions. Mr. Manager, I submit to you if
we vote favorably to this contract, that you get ready to impose a much much
radical reduction of entry level compensation in this department. And we're
still going to get quality people, and we're still going to get people as
qualified, if not more, than the ones we have in this department. The
qualifications, the education, the productivity of the new employees in the
department if anything, nothing derogatory about the older ones that have been
around 20 and 30 years, has improved substantially. I've been known to say,
and I'm not going to say it specifically to this department, but I'm not
afraid to say it. Generally there are some departments in the City of Miami
that if you inverted them and put the bottom people at the top, and the top
people at the bottom, they would function a heck of a lot better.
(SINGLE APPLAUSE FROM ANNE MARIE ADKER)
Vice Mayor Plummer: Another country heard from.
Mayor Suarez: I'm going to translate that to Japanese"and see if we get a
little bit better reaction than just Anne Marie. All right. But thank you,
Anne Marie.
Ms. Adker: Yes.
Mayor Suarez: Tell that to the community because it really does make sense in
some situations. Anyhow, we're getting very qualified people, and we're
paying them more than we have to, to get qualified people, that's my feeling,
at the entry level. And I hope the Manager takes that into account.
Deployment. The other day I saw firefighters, I believe they were
firefighters. They were training, they were doing physical exercise. They
were on South Bayshore and they were helping to direct traffic because there
was a car accident. It was very nice that they were doing that. I presume
that they were doing that on a voluntary basis. Shorty, may I ask you, on the
record, I asked your predecessor who's back there, if you're not willing to
entertain discussions... you may have heard the discussions we had this
morning, Vice Mayor Plummer usually leads the chorus on them, to try to get
our police officers to do patrolling, to do crime prevention, so that your
70 May 9, 1991
department would be more inclined to help in accident situations, in flood
situations, in... I want to remind everyone, the last time there was a huge
flood, I started calling departments to see who could help, because the cars
were just driving right into floods on South Bayshore. They were driving
right into puddles where they could never get out of, and the department that
I have to say said, yes, we'll take care of it right away - I got all kinds of
hocus-pocus out of the Fire Department, I got all kinds of hocus-pocus out of
the Police Department, frankly. The police officer said, 1 can't even get
there, I can't get to that area, I'm bogged down in traffic. But Solid Waste
Department said, Mr. Mayor, we'll go out there and do something right away.
We're going to clean up the gutters, we're going to just help cars. They just
took some of their equipment out there and helped cars. Now, is there any
inclination - I'm sure there is, and the Manager should be negotiating this -
to go beyond voluntary help in accident cases to actual involvement in dealing
with car accidents so we can get police officers to do other things.
Mr. Bryson: On the record, any job that helps us in productivity, any new
work, we're always willing to look at.
Mayor Suarez: Yes, you have - and convey this, please, back to your members -
you have extremely well trained, qualified, physically fit, intellectually
competent members of your union, who spend many, many hours studying, working
out, preparing, so on, for an incident to happen, particularly the ones that
are not being called out there all the time. And I understand the paramedics
are almost on permanent call, it seems like, out there and the rescue. Some
of the other ones could help us in many, many ways. Plus, when you're out
there, and you see something happening, I would like to systematize it. I,
really, Mr. Manager, I really would like to see systematizing so that
firefighters are the ones that take care of car accidents. They have to go
out there many times because they're afraid that there may be a leak or their
services may be needed, rescue, etcetera. To me, it would make sense that
they would do the accident reports. They're not going to do it any worse than
police officers, they don't have any less training.
Vice Mayor Plummer: You got to get them recertified. That's the problem.
Mayor Suarez: Whatever we have to do. Whatever we have to do to get them
mobilized. As long as they're mobilized, as long as we have them, as long as
they're well trained to do other tasks. And get the police officers to do
crime prevention and patrolling. That's the end of my inquiry. I don't know
that we'll ever see this actually happen, but at least I keep getting your
assurances to the effect that you're inclined to do that. It should be a
positive thing. Lou took it as a positive thing when I told him to tell his
members that this is a way that we get... And some of us who are a little bit
tight on the money and benefits and compensation, and I guess I'm probably the
toughest on o u r particular department, will see that we're getting more bang
for our dollar, and I think I'll be more inclined to accept these kinds of
agreements. All right. Commissioners, anything further on the agreement, or
on the motion? Was it a motion? There was a second, I believe it was.
Vice Mayor Plummer: Motion was to approve as presented, Mr. Mayor.
Mayor Suarez: It was a motion and it was seconded.
Vice Mayor Plummer: As recommended by the administration. That was my
motion.
Commissioner Alonso: Second.
Mayor Suarez: Any discussion? If not, please call the roll.
71 May 9, 1991
r *I
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-346
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 INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO, LOCAL 587, 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: None.
ABSENT: Commissioner Miller J. Dawkins.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: A hesitating, reluctant, doubtful yes.
------------------------------------------------------------------------
19. SET PUBLIC HEARING CONCERNING DESIGNATION OF STREET IN COCONUT GROVE IN
HONOR OF THE LATE ALICE WAINWRIGHT (FORMER CITY COMMISSIONER) - SET
PUBLIC HEARING FOR JUNE MEETING - STIPULATE SAID CODESIGNATION SHALL NOT
TAKE PRECEDENCE OVER PRIOR CODESIGNATION HONORING MILTON "BUTTERBALL"
SMITH.
------------------------------------------------------------------------------
Mayor Suarez: All right, item 16.
Vice Mayor Plummer: Mr. Mayor, it's 11:58...
Mr. Odio: Seventeen, seventeen.
Mayor Suarez: I'm sorry, and we have a ceremony coming up, of course, with
the Mayor. Did you want to bring us some items that you want to take care of
in the morning?
Vice Mayor Plummer: Mr. Mayor, the only thing I would ask of the
administration, Mr. Manager, Jack can wait. Mr. Mayor, I would like to
propose to this Commission that we hold a public hearing for the consideration
of naming Main Highway, renaming Main Highway in Coconut Grove, in honor of a
former colleague, Alice Wainwright, and changing that name to Wainwright Way,
or that appropriate designation. There is no one by the name of Main to my
knowledge....
Mayor Suarez: Can we do it as a codesignation, Commissioner?
Vice Mayor Plummer: I have no problem with that, sir, but I think that we
should...
Mayor Suarez: Because eliminating the... from all public records, plats,
etcetera, the name of Main Highway, that...
Dr. Luis Prieto: There is a minor problem.
has suggested that we never use two names.
name with a number, or the post office will...
The committee that oversees this
But rather we could combine the
72 May 9, 1991
f
Mayor Suarez: What committee? Are you talking about the committee that we
created?
Mr. Prieto: Yes.
Mayor Suarez: You mean the committee has actually met?
Mr. Prieto: Well, you'd have two names. You'd have Main...
Mayor Suarez: I'm not too worried about their recommendation unless you are.
Imean...
Mr. Prieto: No, whatever...
Mayor Suarez: I'm not going to vote in favor of removing the name Main
Highway. No way, no way, no way.
Vice Mayor Plummer: Well, OK. I would like to see a designation for the
honor of a former colleague who served this City well.
Mayor Suarez: I couldn't agree with that more.
Vice Mayor Plummer: Whether you come out in the final analysis with the Main
Wainwright Way or how you want to do it, I think you can combine the names
rather than having two separate. But I would like to have a public hearing
held...
Mayor Suarez: That's fine.
Vice Mayor Plummer: ...to bring about some honor in her service.
Mayor Suarez: And remember...
Commissioner De Yurre: Isn't that park named after her?
Vice Mayor Plummer: Wainwright Park, yes.
Commissioner De Yurre: OK, so we want additional honors then?
Vice Mayor Plummer: I would want that something in the heart of the Grove
where she lived.
Commissioner De Yurre: She lived on what? -Bayview, around there?
Vice Mayor Plummer: She lived on Bay Homes Drive, which is further down, yes.
Commissioner De Yurre: Bay Homes.
Mayor Suarez: Yes, and then another street may be more indicated, so to set a
hear...
Mr. Prieto: Yes, yes.
Vice Mayor Plummer: All right, but if we hold a public hearing...
Mayor Suarez: No problem.
Vice Mayor Plummer: We at least get it started to get something done.
Mayor Suarez: Do we need a motion on that, Mr. City Attorney?
Mr. Jorge Fernandez: No.
Mayor Suarez: OK.
Commissioner De Yurre: Mr. Mayor, but...
'Dice Mayor Plummer: To set a public hearing? You don't need a...
Mr. Fernandez: Well, if that's what you want, a public hearing, then you do.
73 May 9, 1991
4101,
Vice Mayor Plummer: I would like to set a public hearing for June the 13th.
Mayor Suarez: So moved by Vice Mayor Plummer.
Commissioner Alonso: Second.
Mayor Suarez: Seconded, Commissioner Alonso. Any discussion? If not, please
call the roll.
Commissioner De Yurre: Discussion, Mr. Mayor.
Mayor Suarez: Yes?
Commissioner De Yurre: I have a problem with - not with the concept that
we're dealing with here - but just the whole situation of, you know, why did
we create a committee if we're going to bypass it everytime we...
Vice Mayor Plummer: No, no, sir. I'm not bypassing. I'm going through the
process. I'm asking for a public hearing to go through the process...
Mayor Suarez: OK, why don't we then have the public hearing after the
committee has met on the issue?
Vice Mayor Plummer: Well, I'm saying the public hearing is on the 13th.
That's more than a month. I would assume the committee would meet within that
period of time.
Commissioner Alonso: Yes.
Commissioner De Yurre: OK, fine, I just want to make...
Mayor Suarez: OK, so that... just so that we don't begin deliberations
without having the committee recommendation. Because that's what we indicated
that we wanted to do with the ordinance. So moved and seconded. Any
discussion? If not, please call...
Commissioner Dawkins: Under dis... No farther discussion.
Mayor Suarez: Yes, Commissioner Dawkins. OK, call the roll.
Commissioner Dawkins: You know... No, wait.
Mayor Suarez: Further discussion, Commissioner Dawkins.
Commissioner Dawkins: You know, there is the desire to name a street after
Milton "Butterball" Smith. Now, that has been in committee or been, I don't
know, four or five months. Now, all of a sudden, we're going to move Alice
Wainwright overnight. I mean, that's ridiculous!
Mayor Suarez: OK, let's clarify that this does not move out of order the
recommendation of naming a street after Mr. Smith, and does not, in any way,
change that order of consideration and recommendation back to the Commission.
OK. Call the roll then.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 91-347
A MOTION INSTRUCTING THE CITY ADMINISTRATION TO
SCHEDULE A PUBLIC HEARING DURING THE CITY COMMISSION
MEETING OF JUNE 139 1991, IN CONNECTION WITH THE
RENAMING OF A STREET IN COCONUT GROVE IN HONOR OF THE
LATE ALICE WAINWRIGHT (FORMER MIAMI COMMISSIONER);
FURTHER STIPULATING THAT THE AFOREMENTIONED PROPOSED
CODESIGNATION SHALL NOT TAKE PRECEDENCE OVER THE
CODESIGNATION OF A STREET TO BE NAMED AFTER MILTON
"BUTTERBALL" SMITH, WHICH IS ALSO CURRENTLY BEFORE THE
MIAMI STREET CODESIGNATION REVIEW COMMITTEE.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
74 May 9, 1991
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.
20. MAYOR SUAREZ MAKES PRESENTATION ON BEHALF OF CITY TO DELEGATION FROM
SISTER CITY KAGOSHIMA, JAPAN.
Mayor Suarez: Mayor Akasaki and your entire delegation, if you would approach
the dais here so that we can make... and I would like, actually, the Mayor to
come up to the top. Maybe the rest of the delegation can stand here if they
would. We're not yet adjourned. This Commission is not adjourned. This
Commission is in session for a very important ceremony. Mayor Akasaki, on
behalf of this entire Commission...
Vice Mayor Plummer: Go to the microphone.
Mayor Akasaki: (COMMENTS IN JAPANESE.)
Mayor Suarez: On behalf of then Vice Mayor Miller Dawkins and now
Commissioner.
Mayor Akasaki: (COMMENTS IN JAPANESE.)
Mayor Suarez: On behalf of his "Blue Brother", you need not translate that,
now Vice Mayor J.L. Plummer, and all of the Commissioners who are here
unanimously gathered acting for the citizens of Miami, and on behalf of our
entire City, I am pleased to give you this plaque and the keys to the City of
Miami. I should also recognize Japan Airlines, I think that they were very
instrumental in this being brought to pass, Ricoh Corporation, of course, whom
we recognized yesterday. Commissioner Dawkins, they also got their
recognition as they're entitled to and as Channel 6 doesn't seem to understand
has inured to the benefits of the City of Miami and our citizens enormously.
We are pleased of the Sister City's relationship being completed. This key to
the City of Miami and to our hearts is extremely important, Mr. Mayor, because
there may be another Mayor in the future, obviously, and you want to make sure
you can get into City Hall. This key will always open City Hall. You might
not want to try right now. So once again, we are pleased and proud to deliver
to you on behalf of all our citizens, the key to our City and to our hearts.
TRANSLATED INTO JAPANESE BY YOSHIHIRO OBAT.
(APPLAUSE)
Mayor Akasaki: (COMMENTS IN JAPANESE.)
TRANSLATED INTO ENGLISH BY . Ladies and gentlemen, I was very
impressed with such diligent work of the Honorable Mayor and Commissioner
Miller Dawkins. You're working so hard for the citizens and when I see this
City Commission agenda I was very surprised. You're working so hard. On this
such a high platform I receive wonderful key of your City, and using this City
I would like to devote all my energy into the very good communication between
the City of Miami and the city of Kagoshima forever, as long as my life goes.
And thank you very much indeed.
(APPLAUSE)
Mayor Suarez: I would like Mayor Akasaki to introduce the... I know we have
the president of Kagoshima University. The president of the university is
with us, and we're pleased and honored to have you, sir. Hopefully, you
understood what we did before during the agenda as a university president, and
can explain it to us later. We're proud to have you. And the rest of the
delegation which includes important members of the business community and the
chamber of commerce of Kagoshima. At this time of the day we usually adjourn
75 May 9, 1991
for very light meal before the afternoon session. Today we're going to have
an important banquet with all of you. And Commissioner De Yurre suggests that
we therefore reconvene at 3:00. I do want to say that Commissioner Arthur
Teele wants to address us. Has he been told a particular hour?
TRANSLATED INTO JAPANESE BY YOSHIHIRO OBAT.
Commissioner Alonso: No, I believe he's going to be here at 2:00 o'clock, but
I'm not certain. So maybe we should... yes, we invite him to the lunch.
Vice Mayor Plummer: We invite him to the lunch.
Mayor Suarez: Invite Commissioner Arthur Teele from the county to lunch so he
won't be here too early. OK, so we're recessed then until 3:00 p.m. Thank
you and congratulations.
TRANSLATED INTO JAPANESE BY YOSHIHIRO OBAT.
(APPLAUSE)
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:09 P.M. AND RECONVENED AT 3:09 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT COMMISSIONER DAWKINS.
21. (A) PERSONAL APPEARANCE BY COUNTY COMMISSIONER ARTHUR TEELE GIVING
AN OVERVIEW OF THE METROPOLITAN DADE COUNTY TRANSPORTATION
INFRASTRUCTURE PROGRAM WHICH CAN BE ACHIEVED THROUGH
IMPLEMENTATION OF THE ADDITIONAL 1C SALES TAX PROPOSED BY
METROPOLITAN DADE COUNTY.
(B) COMMISSIONER DAWKINS TAKES OFFENSE AT SIGNS IN THE AUDIENCE
INTIMATING HIS ALLEGED LACK OF SUPPORT FOR PUBLIC HOUSING.
Mayor Suarez: If we could please have your attention, we'd like to reconvene
officially, and begin by extending a courtesy to newly elected, you all know,
our newly elected County Commissioner, Arthur Teele, now with our sister
jurisdiction, substantially larger budget than we've got, Metropolitan Dade
County. So Commissioner Teele, we'd like to recognize you for remarks related
to the transportation plan unveiled today.
NOTE FOR THE RECORD: Commissioner Dawkins entered the
Commission Meeting at 3:11 p.m.
Mr. Arthur Teele: Thank you, Mr. Mayor and members of the Commission, and to
the citizens of the City of Miami. I'm honored to be able to join you and I
think you probably already have a hand out. If not, I'd like to make sure
that you do have one. Mr. Mayor and members of the Commission, I'm here today
to very briefly give you an overview of a program that has been released today
to the Dade County, Metro -Dade County, transportation infrastructure task
force. On earlier this morning I was privileged to be invited by the task
force to come before them and to outline my vision, or at least a vision for
the future regarding a very important issue relating to transportation
mobility, and what we call growth management. But what we really mean is the
concurrency component of growth management. On last November, the Metro -Dade
Commission proposed a one cent for transit. At that time, I did not support
that one cent because I felt that the plan was fundamentally flawed, because
it really didn't look to the long term needs not only of the County, but for
the municipalities, the cities, as well as the citizens. As you know, the one
cent would have released approximately $82,000,000 of existing funds, and
those funds would have gone back to the general fund of Dade County and in
effect, would have funded fully the transportation needs probably for about a
year and -a -half, maybe two years. And then two to three years from now we'd
be right where we are now. The outgrowth of that was I was challenged by the
76 May 9, 1991
newspapers, the Kendall Federation and others, that if I don't support the one
cent sales tax for transit, then what would you be for? And I was challenged
to develop a process to rationalize mobility transportation and land use, and
pursuant to that Metro -Dade County appointed a committee or a task force of
some eleven persons chaired by Jeff Bercow, who I think is no stranger to this
City because he's a member of your DDA. The Mayor, of course, had
appointments and that committee, or that task force represents a cross section
of this community. In developing this plan, we developed what we are
determining as the blueprint for transportation and a vision for the future.
I'd like to share just very briefly with you that vision. It's a vision, Mr.
Mayor and members of the Commission, of a County, Dade County, that will be
the capital of the western hemisphere. The crossroads or the hub of a diverse
community of what is truly becoming a global village. It is a vision that all
children, no matter what neighborhood they live in, or what language that they
are speaking will be able to walk on sidewalks and not on streets. It is a
vision that decent parks in every neighborhood, parks and playgrounds, will
have swings and slides and see saws and sand boxes. And if they already have
swings, they'll have the dollars to maintain them. It is a vision in which
our County faces up to the huge unfunded environmental needs. Our precious
aquatic beachfronts, our open spaces and historical sites have been neglected
too long. And they must be enhanced and preserved. Members of the
Commission, here in Dade County, all of us are literally being swallowed by
debris, erosion, literature, and congestion. And I believe that we must make
a commitment to this little space that is assigned to us on the planet, a
commitment to improve our environment. Quite frankly, I laid out earlier this
morning that Dade County does some things well, but in some other areas the
citizens, and I think even some of the municipalities may think we're doing a
lousy job. Consider this. We've got a technologically sound rail system that
doesn't serve the whole community. We have a state-of-the-art Peoplemover
system that is stimulating and has stimulated downtown development, but it is
a system that continues to be expanded at the expense of the bus system. And
the bus system is a system that primarily serves the decent and hardworking
citizens, many of whom are transit dependent, and some of whom have reached
the golden age of life, and now only need a little patience, love, and a
little support to carry out their lives with dignity. We've got a bus system
that continues to be downgraded in the size of the number of buses. Yet our
population is increasing. The land mass is increasing that they're serving.
We've got a bus service that is being cannibalized by a jitney system that
continues to pick off the productive routes, leaving the more difficult and
less profitable routes to the Transport Workers Union, the men and women of
291 which hold some of you very much, I know, in such high regard. So let me
say for the parenthetically that for the most part - and I've said this
before - that the men and women who operate our Countywide transportation
system are dedicated and hardworking professionals. They're not lousy,
they're good people, darn good people. But the overall Dade County
transportation system is lousy, and we've got to change that. And what are we
proposing? We're proposing a blueprint for the quality of life in Dade County
for the 21st century. The first thing that we've said is that we're going to
create jobs. We'll jump start this economy with the program that is before
you and we'll create jobs, real jobs, and jobs that will put young men and
women back to work. Return the dignity that can only be won by participating
in the work ethic. The needs are very great. The sidewalks, for example, and
a host of transportation needs, our traffic, are just some of the problems.
I'm concerned about the sidewalks, the bike paths, and the scavenges that are
just a few examples of the improvement that will make our streets safer and
enhance our quality of life for all of the citizenry by providing for
wholesome mobility and recreational needs.
Mayor Suarez: I know you've mentioned trying to get across DuPont Plaza.
Folks, if you've ever tried to walk across DuPont Plaza to get to Brickell
from downtown, it's like taking your life into you own hands. And we really
have not provided for pedestrians in that area at all.
Mr. Teele: Mr. Mayor, you know, let me say this.
Unidentified Speaker: ...I'm trying.
Mr. Teele: Much of what I've said about Dade County is right in terms that
there are some things that are right. But there are a lot of things wrong,
and likewise, there are some things that I am proposing that are wrong with
the way the City of Miami, and particularly the Metro -Dade County's Public
Works Department, working with the City and the DDA, that we've got wrong that
77 May 9, 1991
we need to address. Consider this. We spent millions of dollars on Bayside.
It's a beautiful facility. But try on a Friday evening, or a Saturday evening
to cross Biscayne Boulevard and go to Bayside. It's an obstacle course.
There is no reason that we as intelligent people would spend tens of millions
of dollars, try to bring tourists here from all over the world, and not
provide for an intelligent safe mobility system. This plan addresses that.
The one point that I want to make, Mr. Mayor, are two final points and the
statements are before you, is...
Mayor Suarez: By the way, on the issue of crossing Biscayne Boulevard right
next to the bay, most cities solve that by underground tunnels and...
Mr. Teele: By underground tunnels where...
Mayor Suarez: ...pedestrian, pedestrian tunnels, which would be magnificent
there.
Mr. Teele: Pedestrian tunnels, that's correct. That would literally open up
there at Bayside. It would facilitate the Orange Bowl Parade, it would...
Mayor Suarez: Yes, at least one there, yes.
Mr. Teele: It would facilitate the Grand Prix. It could be a part of what
makes our City even greater. There's an important point that I want to make,
and some people are saying, well, what's different from the one cent that was
proposed in November as to what you're saying now? Well, first of all, there
are a lot of differences. The one cent for transit in November would have
only dealt with bus and rail transportation. It would not have increased the
buses dramatically. It would not rationalize our rail system. This proposal
does, but it deals with the environmental issues, the beach front issues. It
deals with the quality of life issues. The largest and preponderance of
dollars will be committed to our Parks and Recreation Departments. But there
is one important difference that I think affects the pocketbook of every man,
woman and child that is truly living week -to -week or month -to -month the way
many of us are, that is truly reaching a point where you can no longer afford
the high cost of living. And you know, when Andy Young came here last week he
spoke extemporaneously, and I didn't even prime him, Miriam. He spoke
extemporaneously and said, you know what made Atlanta work was back in 1970
when we had a fifty cent fare, we rolled back the fares in Atlanta - this is
what Mayor Young was saying - to fifteen cent, and we guaranteed those fares
for about six years. Well today, members of the Commission - and Commissioner
Dawkins, I know this is something that you've expressed some concern about -
we're proposing, I am proposing, that we slash the bus fares from $1.25 to
fifty cents, and that we hold those fares for a minimum of four years which is
going to put money in the pocket, and will keep money in the pockets of the
people who are truly transit dependent, the people who really need money to be
able to buy food and the other essentials of life. The other point that I
want to make to this committee and this Commission is this. The dollars are
going to be raised Countywide, and I think they're going to require... and the
rail system and the bus system does serve a Countywide system. But I think
it's important to know that this proposal envisions working in a cooperative
manner with cities like the City of Miami. And to that extent, we have
proposed a infrastructure grant program, and we said in the speech quite
frankly before the County, that we've got to work intelligently, and work
cooperatively. We must build along our fixed rail system and along our bus -
ways, and as a part of our intermodal terminals where we propose having
jitneys and buses working cooperatively together, and we must begin to fund
those kinds of activities. And so if you look at the proposal, you will see
that we're proposing to provide funding not only to Dade County, our parks,
our recs, our environment, but to cities that will have projects that are
infrastructure related. It is budgeted at this point at $50 million dollars
over a ten year period of time, and the two examples that we used were the
city of OpaLocka, which basically could build a government center along a rail
corridor, or the City of Miami that has been working with the Latin Quarter's
specialty area in which... man, with an intermodal terminal, that would be an
eligible activity for funding so that we can begin to work together to rebuild
our community together. Mr. Mayor and members of the Commission, I think
there's an opportunity. There's an opportunity, but the window, quite
frankly, is closing. The program that we've outlined is before you in the
document entitled "The Proposal", and on page four you see the numbers, and
I'd like to briefly go over them with you. We're proposing some $450,000,000
over a ten year period of time for new roadway improvements, for parks and
78 May 9, 1991
open spaces, over $200,000,000 over a ten year period of time. And these are
dollars that will go to the neighborhood parks programs to ensure that they
are being properly designed and maintained. There will be $20,000,000 of
aquatic and beachfront enhancements, and quite frankly, that was carefully
designed to ensure that the Miami River could become a second type of focal
point if the City and the County and the various coordinating committees are
able to come together on what that vision should be. And so, we're proposing
$20,000,000 for culture and historical preservation. Because historical
preservation is the one thing that is built by man that once you lose it, you
cannot regain it. We think that future generations should know and should be
able to experience a part of the history of this great community. And there's
to the point that I mentioned, there is $50,000,000 for local infrastructure
and ridership enhancement programs. Programs that are basically grant in aid
to cities, municipalities and community based organizations. And then there's
a CDBG related program which basically will take out our capital program. And
just so that there's no confusion, that money will be designed to take out our
existing capital improvement section of the County's CBDG program, but to
provide Countywide services in the area particularly of minority and women -
owned businesses. We will not fund those programs directly, but we'll take
out the capital improvement program out of our CDGB allocation with the
requirement that the minority business and women business programs be
enhanced. As you can see, there's an additional $900,000,000, or roughly a
billion dollars that we would be able to leverage with this program from
federal and state funding, coupled with another $900,000,000 that would be
generated for a total of 2.2 billion. The total program, as outlined over a
ten year period of time, would be almost five billion dollars. Thank you very
much and I'd be happy to try to answer any brief questions or comments that
you may have.
Mayor Suarez: Thank you, Commissioner. I know that in the study, in the
analysis, you expressed concern about the reduction in the level of buses in
Dade County from 500 to about 450, I believe, and people here should be
advised of the fact that one of Commissioner Teele's main concerns echoes this
Commission's concern about the fleet of buses - that we're always spending
money on just about everything except buses. And most of you use the bus
system of, of course, proposing to reduce the fare to fifty cents, I think is
such an interesting idea. When I first proposed reducing the Metrorail fares
to zero, or a quarter, just to get people used to the system, everybody
laughed. And actually, it's a magnificent idea. So much so that it's worth
translating into Spanish. UNA DE LAS PROPUESTAS DEL COMISIONADO TEELE ES DE
REDUCIR LO QUE SE PAGA, EL COSTO DE LOS AUTOBUSES, A 50 CENTAVOS, EN LUGAR DE
UN DOLLAR VEINTICINCO, PARA QUE PODAMOS USAR MAS EL SISTEMA, INCLUSIVE PUEDE
QUE PRODUZCA MAS DE ESA MANERA PORQUE MAS GENTE LO USA, MAS 50 CENTAVOS, Y EL
GASTO ES IGUAL POR LOS AUTOBUSES. ASI QUE YO CREO QUE ES UNA BUENISIMA IDEA.
(APPLAUSE) OK, Commissioner, we appreciate it and we, of course, are pleased
that you're including the City of Miami in much of the concept of this, and
particularly as to the funding.
Commissioner Dawkins: Again, Mr. Mayor, let me thank Commissioner Teele.
This is the second time that Commissioner Teele has seen fit to come report to
attempt to get a working relationship between the two municipalities. I must
say that your idea of reducing the ridership fee is a novel one, and worth
trying. Because if you save the bus driver's job, then we keep people
working. And if the buses continue to run, you keep mechanic's working. If
you keep mechanic's working, they keep buying at Publix. And Publix keep
_ people working. So it's a novel way for us to get people to work and keep
them working. So I stand ready to help you in any way I can.
Mr. Teele: Thank you, Commissioner.
Commissioner Alonso: Thank you. I also want to say thank you for coming with
this project and advising us, and I think we all have to thank you for having
the vision to think of the 21st century, and I think it's marvelous. And I'm
very proud to see you, Commissioner Teele, the person that I have supported
very strongly, doing the kind of work that I always knew you were capable of
doing. So count on me helping you in this marvelous project. And especially
transportation. You know that this is very dear thing for me. So in any way
that we can help, count on us.
Mr. Teele: Thank you, Commissioner.
Commissioner Alonso: Thank you.
79 May 9, 1991
Mayor Suarez: Once again, thank you, Commissioner Teele.
Commissioner Dawkins: Mr. Mayor, point of special privilege.
Mayor Suarez: Yes.
(APPLAUSE)
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: A point of special privilege. I see signs that said,
"Miller Dawkins, you didn't support public housing. Come election time, we
won't support you." You know, it's amazing how people forget. As long as I
have been up here - in my opinion, and check the record - I have supported
public housing, I've supported senior citizens. But the one thing I will not
tolerate is intimidation. I am not going to let anybody intimidate me. I
lived 58 years without being a Commissioner, and the only thing you have to
remember up here is, you're only an elected official as long as people elect
you. When the people no longer elect you, you're no longer an elected
official. So, in '93, if the majority of you choose not to elect me, then I
will no longer be an elected official. But if the majority of the voters in
Miami decide to vote for me, I will still be an elected official. Now, I
promise you I will not allow you to intimidate me and make me not do the
things I think is right for senior citizens. I will continue to do everything
I can within my power and with my vote up here to do what we think is best,
not what somebody comes out there who just got to town, and tell you that they
think is right. Thank you.
(APPLAUSE)
22. DIRECT ADMINISTRATION TO DONATE 10 SURPLUS PATROL CARS, WHEN AVAILABLE,
TO CITY OF WEST MIAMI (EFFECTIVE MAY 9, 1991 - MAY 8, 1991).
Mayor Suarez: All right. OK, Commissioner, we're going to try to run through
these items as quickly as possible.
Commissioner Alonso: Mr. Mayor...
Mayor Suarez: I believe... yes, Commissioner Alonso.
Commissioner Alonso: Yes, can we recognize Jose Matas, City Manager of West
Miami? -who is here with us...
Mayor Suarez: Yes, the City Manager of West Miami. Would you please approach
the mike.
Commissioner Alonso: And I have a resolution that I would like to present and
move that we approve - and it's carbon copy of the resolution approved by this
Commission is the number 90-456 that was approved by this Commission June 7,
1990, and I would like to introduce only one change, and it is the date for
the approval of the surplus police patrol cars, ten, that was given to West
Miami. They were not able to obtain any. It is my understanding and I would
like, at this time, to move that we approve an extension of that date to May
8th, 1992, so that they have an opportunity to obtain the ten cars that were
given to them, and they had not opportunities to obtain.
Mayor.Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
80 May 9, 1991
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
' RESOLUTION NO. 91-348
A RESOLUTION CLASSIFYING UP TO TEN (10) SURPLUS PATROL
SPECIFICATION CARS AS CATEGORY "A" STOCK, SHOULD SUCH
CARS BECOME AVAILABLE AS SURPLUS CITY STOCK; FURTHER
DONATING THE SAME TO THE CITY OF WEST MIAMI, FLORIDA,
SUCH CLASSIFICATION AND DONATION TO BE VALID AND
EFFECTIVE BETWEEN MAY 9, 1991 AND MAY 8, 1992, UPON
THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS,
SAID VEHICLES TO BE USED BY THE CITY OF WEST MIAMI ,
FLORIDA, IN ITS EFFORTS TOWARD DETERRING CRIME.
(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.
Mr. Jose Matas: Thank you, Mayor. Thank you, Commissioner.
Mayor Suarez: Mr. Manager.
23. (A) INSTRUCT MANAGER TO ALLOCATE $3,000 IN SUPPORT OF THE THEODORE
R. GIBSON UNITY DINNER.
(B) COMMISSIONER DAWKINS REQUESTS $25,000 IN SUPPORT OF THE THEODORE
R. GIBSON ORATORICAL DECLAMATION PROJECT, AND $15,000 FOR
KIZOMBA.
------------------------------------------------------- ----------------------
Mayor Suarez: All right, item...
Vice Mayor Plummer: Mr. Mayor...
Mayor Suarez: Yes, Vice Mayor Plummer.
Vice Mayor Plummer: Mr. Mayor, every year, as you know, in honor of our
former colleague, Theodore Gibson, we have been a dinner underwriter. This
year it's less than the previous year, it's $3,000 as the City of Miami in his
honor, and I would so move at this time that the City of Miami do as we have
in the past and be a dinner underwriter for $3,000. I so move.
Commissioner Alonso: Second.
Mayor Suarez: So moved, seconded. Any discussion? If not, please call...
Commissioner De Yurre: Discussion. Where's the money going to come from?
Mayor Suarez: Where is the money coming from? Whose discretionary fund?
Vice Mayor Plummer: Sports Authority.
Commissioner De Yurre: Yeah.
Commissioner Alonso: Discretionary fund.
Vice Mayor Plumper: Mr. Manager, can you find the funds available?
81 May 9, 1991
4
Mr. Odio: I'll take it out of my discretionary fund, I guess.
Vice Mayor Plummer: Thank you, sir.
Commissioner Dawkins: Whoa, whoa!
Commissioner De Yurre: How much money is in that discretionary fund?
Mr. Odio: I'm running out.
Commissioner Dawkins: No, no, no, not where you're running. What do you have
left?
Mr. Odio: I don't know. I don't know, I have to check it out.
Commissioner Dawkins: All right. By 5:00 o'clock, give me an accounting of
what you have left.
Vice Mayor Plummer: And that's less $3,000.
Commissioner Dawkins: And in the meantime... I see, you know, I promised not
to do this. Anesta, come out here! I want $25,000 for the Theodore R. Gibson
Oratorical Contest. I want $15,000 for Kizomba, OK? All right? And I'm
going to find three or four other special events in the black community that I
want funded. I told you during budget hearings that I would go along with not
funding any projects if we didn't throw away money.
Mr. Odio: Fine, and I'm...
Commissioner Dawkins: No, no, no. You finding $3,000.
Mr. Odio: I don't vote up there, Commissioner.
Commissioner Dawkins: No, no, no. That's fine, but come back at 5:00
o'clock, have somebody on your staff tell me what's left in the discretionary
fund so I can get....
Mr. Odio: No, no, let me tell you. What I...
Commissioner Dawkins: No, when I finish this afternoon, your discretionary
fund will be broke.
Mr. Odio: I had the same amount that you had, $40,000.
Commissioner Dawkins: No, let me know what you have left.
Mr. Odio: I had $40,000.
Commissioner Dawkins: You got forty thousand left.
Mr. Odio: And that's all I had to start.
Commissioner Dawkins: All right, so three from 40 leave 37.
Mr. Odio: No. I don't what.. we've been buying tables and other...
Commissioner Dawkins: You just told me you got forty thousand, and you said
and three from forty leaves thirty-seven.
Mr. Odio: At the beginning...
Mayor Suarez: Would you please give him an accounting by 5:00 p.m. as
requested. If you can get it by 5:00 p.m. Hopefully, you can. All right...
Vice Mayor Plummer: Hey, I didn't tell you where to get it from.
Mayor Suarez: Please, please, please. On item 16...
Ms. Hirai: Mr. Mayor.
Mayor Suarez: Yes?
82 May 9, 1991
Mr. Fernandez: It's been passed.
Mayor Suarez: I'm sorry we did that. Yes.
Ms. Hirai: On the motion, do we call the roll now, sir?
Mayor Suarez: Yes, call the roll on that motion.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 91-349
A MOTION INSTRUCTING THE CITY MANAGER TO ALLOCATE AN
AMOUNT OF $3,000 FOR THE PURPOSE OF UNDERWRITING, AS
IN PREVIOUS YEARS, THE NINTH ANNUAL THEODORE R. GIBSON
UNITY DINNER.
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
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
24. AUTHORIZE SPONSORSHIP OF THE DADE-MIAMI CRIMINAL JUSTICE COUNCIL -
ALLOCATE $35,000 (Law Enforcement Trust Fund).
--------------------------------------------------------------------------------
Mayor Suarez: Item 17. Sponsorship date, Dade -Miami Criminal Justice
Council. Mr. Manager, do you recommend item 17? I'll entertain a motion on
17, from Law Enforcement Trust Fund.
Vice Mayor Plummer: Seventeen, I move it.
Mayor Suarez: Moved. I noticed Commissioner Alonso leaning to one side.
That's close enough to a second.
Commissioner Alonso: Oh, I couldn't hear, yes, yes.
Mayor Suarez: Thank you, call the roll. Did you want to address the Law
Enforcement Trust Fund Criminal Justice Council?
Mr. Manuel Gonzalez-Goenaga: Yes, Mayor.
Mayor Suarez: All right, before we call the roll, you have two minutes under
the Charter.
Commissioner Dawkins: No, take the large one, sir.
Mr. Gonzalez-Goenaga: Which one? -the larger?
Commissioner Dawkins: Yes.
Mr. Goenaga: Hello. Can you hear me?
Mayor Suarez: Madam City Clerk.
Ms. Hirai: It is on.
Mr. Goenaga: Well maybe, you want me to... Do you hear me wel1?
83 May 9, 1991
t' f
Mayor Suarez: Are you sure it's on?
Mr. Goenaga: It's not working well. Anyway, I think I have enough voice for
half a minute. There we go again. The police, I think that on the last...
I'm sorry. I think that...
Mayor Suarez: If that one works better for you, go ahead and use that.
Mr. Goenaga: 1 think that on the last Commission meeting, Commissioner
Plummer ordered the City Manager to provide - and also Mayor Dawkins - to
provide the what's left in that fund. And that report have not come yet.
Vice Mayor Plummer: No, I'm sorry. You might not have a report, but I do
have a copy of the report that I found on my desk this morning.
Mayor Suarez: OK, you're welcome to go by the Vice Mayor's office and get a
copy of the report.
Vice Mayor Plummer: I do have a copy on my desk now.
Mr. Goenaga: Oh, I'm sorry. Well again, they are asking for many different
parts, like diving suits. Look, I wish that the police instead of diving into
the ocean, they protect the citizenship and not treat them badly.
Mr. Odio: Ohhhhh.
Mr. Goenaga: I don't think that $16,000 cannot come out of the normal Police
Department budget. Because if we go back three or four meetings, which I have
been present here, and you add all those special figures, they come out to
more than $300,000. So I urge the Commissioners to study this very
consciously because here today, tomorrow, the day after, the Police Department
will come with more, more, money, and I don't think that they're doing a good
job in this community. Time will tell, and this afternoon I'm going to
express that. Thank you.
Mayor Suarez: All right, item... Call the roll, please, on 17.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-350
A RESOLUTION AUTHORIZING THE SPONSORSHIP OF THE DADE-
MIAMI CRIMINAL JUSTICE COUNCIL, AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $35,000, FROM THE
LAW ENFORCEMENT TRUST FUND, SUCH COSTS HAVING BEEN
APPROVED BY THE CHIEF OF POLICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
84 May 9, 1991
25. DECLARE FULL SUPPORT FOR: HABITAT FOR HUMANITY OF GREATER MIAMI, INC.,
TO BUILD AFFORDABLE HOUSING - RECOGNIZE URGENT NEED FOR SKILLED
VOLUNTEER WORKERS AND EXPRESS WILLINGNESS TO PROVIDE SKILLED CITY
WORKERS (CARPENTERS, PLUMBERS, ELECTRICIANS, PAINTERS, MASONS AND
BRICKLAYERS) - ASSIGN HERBERT BAILEY TO COOPERATE WITH STATE SENATOR
CARRIE MEEK IN IMPLEMENTATION OF THIS COMMUNITY PUBLIC SERVICE PROJECT.
Commissioner Dawkins: Mr. Mayor...
Mayor Suarez: Yes.
Commissioner Dawkins: Mr. Mayor, I got a special... pocket item.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I would like for this Commission to pass a resolution
which says.
THEREUPON, COMMISSIONER DAWKINS READ THE RESOLUTION INTO THE
PUBLIC RECORD, BY TITLE ONLY.
As you know, they are going to build some houses between, I think it's 22nd
and 23rd Avenue on 62 Street, but they need skilled volunteers to work with
the unskilled ones. If we could in some way provide, even if we have to allow
one or two workers the day off, that would be our contribution to doing
affordable housing. And I would so move.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-351
A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING
ITS FULL SUPPORT OF THE EFFORTS OF "HABITAT FOR
HUMANITY OF GREATER MIAMI, INC.", TO BUILD AFFORDABLE
HOUSING IN DADE COUNTY DURING THE PERIOD OF JUNE 17-
22, 1991; FURTHER RECOGNIZING AN URGENT NEED DURING
THIS PERIOD FOR SKILLED VOLUNTEER WORKERS TO GIVE
INSTRUCTIONS TO NON -SKILLED VOLUNTEER WORKERS;
EXPRESSING THE WILLINGNESS OF THE CITY OF MIAMI, TO
THE GREATEST POSSIBLE EXTENT, TO PROVIDE SKILLED CITY
WORKERS IN THE AREAS OF CARPENTRY, PLUMBING,
ELECTRICAL, PAINTING, MASONRY, AND BRICKLAYING TO
ASSIST IN THIS COMMUNITY PUBLIC SERVICE PROJECT; AND
REQUESTING THE CITY MANAGER TO ASSIGN HERBERT BAILEY,
THE DIRECTOR OF THE CITY'S DEPARTMENT OF DEVELOPMENT
AND HOUSING CONSERVATION, THE TASK OF COOPERATING WITH
STATE SENATOR CARRIE MEEK IN MAKING ARRANGEMENTS WHICH
WILL ENABLE THE CITY TO RENDER MAXIMUM ASSISTANCE IN
THE IMPLEMENTATION OF THIS 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:
85 May 9, 1991
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.
26. (A) APPROVE PURCHASE OF DIVE SUITS SUITABLE FOR DIVING IN HAZARDOUS
MATERIALS - ALLOCATE $16,000 (Law Enforcement Trust Fund).
(B) VICE MAYOR PLUMMER AGAIN PROTESTS ASSIGNMENT OF REGULAR SWORN
POLICE OFFICERS AS SCHOOL CROSSING GUARDS - POINTS OUT NON-USE
OF THE WHOLE SECOND FLOOR OF THE LITTLE HAVANA AND LIBERTY CITY
POLICE SUBSTATIONS - STRESSES GREATER USE SHOULD BE MADE OF
PUBLIC SERVICE AIDES (PSAs) TO PERFORM OFFICE -RELATED TASKS
(e.g. POLICE REPORTS, etc.) TO FREE SWORN POLICE OFFICERS TO
CONCENTRATE ON LAW ENFORCEMENT.
------------------------------------------------------------------------------
Mayor Suarez: Item 18. I'll entertain a motion on it.
Vice Mayor Plummer: Mr. Mayor, I'm going to move it. I just have to ask a
question. Are we duplicating... doesn't the Fire Department already have all _
of this equipment?
Lt. Joseph Longueira: No, sir, they don't suits like this. The only
protective...
Vice Mayor Plummer: Well, wait a minute, wait a minute. Suits like this, I
mean are we going into super-duper deluxe? I was in the Miami River when they
retrieved a car, and the Fire Department had adequate diving suits with all of
the adequate gear, and I'm wondering why now we're going to duplicate it and
put it in the Fire Department to just buy more suits? I don't understand.
Why do we need all of this in the Fire Department, all of this in the Police
Department. To me, it's a waste of money.
Lt. Longueira: Commissioner...
Vice Mayor Plummer: Mr. Manager. You know, they call the Fire Department.
Does anybody else care? Nobody else cares? Pass it.
Lt. Longueira: Commissioner, I don't believe it's the same thing, but it's
the same thing but if you want, I'll check.
Commissioner Dawkins: You know, it's a...
Lt. Longueira: Yes. These are dry suits.
Commissioner Dawkins: You know, it's not a matter, J.L., of not caring, but
it's a matter of us being informed. All right? -now...
Vice Mayor Plummer: We11...
Commissioner Dawkins: You say that we have enough equipment. The men who do
the job naturally say, we do not have enough equipment. Now, the men who do
the job says, and they've got documentation that the river is polluted with
AIDS virus and etcetera, and they need a special suit that would ensure that
none of the water touch their bodies. Now whether this is true or not, I
don't know...
Vice Mayor Plummer: Commissioner...
Commissioner Dawkins: ...but maybe further study needs to be done or
something, J.L., before we go off the deep end.
Vice Mayor Plummer: The only question that I have is that the Police
Department calls upon the Fire Department who do have all the equipment
presently. And I can't understand why...
May 9, 1991
Mayor Suarez: Well, you know, one way is that in future years, the Fire
Department borrow the police ones because they're the ones that are...
Vice Mayor Plummer: No, they've already got them.
Mayor Suarez: Right, but I mean for whenever the next time we need to buy for
the Fire Department, we use the police ones because these are the ones that
are paid for by the Law Enforcement Trust Fund which, by the way, ladies and
gentlemen, is from a... it's a fund that's created by forfeitures, by things
that we seize from people who are dealing in drugs, or otherwise committing
crime. So it's actually not from you pockets in that sense, certainly not tax
monies, and maybe it should be the other way around. Maybe the police should
have theirs and the firefighters borrow them if need be. J.L., my reason for
not questioning this kind of item, it's $16,000 Law Enforcement Trust Fund,
recommended by the Manager, recommended by the department. I mean, there
comes a point where we simply cannot, you know, go beyond that. I mean, if it
was a hundred and sixty, I'd probably be doing a lot more questioning.
Commissioner Alonso: The amount is involved, the only thing that makes us
wonder is that Commissioner Plummer is the person who works with them in the
Awareness Program, and then it's very disturbing to see that he's not
convinced....
Mayor Suarez: Yes, that's true. That's true. If it doesn't come with the
recommendation of the Commissioner in the Awareness Program supervisory
capacity...
Commissioner Alonso: ...and it sends a very wrong signal.
Vice Mayor Plummer: Mr. Mayor...
Commissioner Alonso: It disturbs me that he's not convinced that this
even though it's a small amount, and something that we think has
some validity when they are asking from the department. But in the other
hand, what kind of signal are we sending if he's not convinced?
Vice Mayor Plummer: Mr. Mayor, it is $16,000. You know, I guess it's the
principle that I have that's involved, and the fact is that, you know, maybe
they don't have the suits that this one has and this one doesn't have what
that one has. You know, I just think that the money could be better spent
addressing the problems on the streets of the City of Miami. And I continue
to strive for that. But, you know, go ahead and move it. I'm not going to
make a big point out of it.
Mayor Suarez: All right...
Commissioner Alonso: May I make a comment?
Mayor Suarez: Yes.
Commissioner Alonso: When we look at the funds of the Law Enforcement Trust
Funds, sometimes it's a little bit disturbing to see the number of items that
we get in the agenda, and sometimes we have to take their word that it's
something that has to be done and, therefore, we go along with them. But many
times, I wonder, are you really trying to spend this money in a very efficient
way? Or are you trying just to use the funds. And then I.. for example, when
we make a recommendation like we did with Regis House, and we don't have an
answer for a program to fight the drug fight that we have in the City of
Miami, then we don't get an answer, then I wonder how it is done. And seeing
Commissioner Plummer very disturbed about that, and being the person who is
working very closely with you through awareness program, it makes me wonder.
Vice Mayor Plummer: Well, let me just say, you know, one of these days, I
keep telling everybody around here, that we are not going to be able to afford
the luxury any more, of business as usual. The cry...
Commissioner Alonso: Well, I think we all are very aware of that, and we try
to twist the penny in every item. I think we are more than aware that that's
the case right now.
87 May 9, 1991
Vice Mayor Plummer: You know, I keep saying about the ninety million dollars
($90,000,000) of the Police Department. It doesn't cover the budget. From
this Law Enforcement Trust Fund alone, let me just give you an example, that --
there is almost a million dollars of rental cars.
INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD
Vice Mayor Plummer: Rental cars. Yes.
Commissioner Alonso: Well maybe, because the money comes from the...
Vice Mayor Plummer: Confiscated.
Commissioner Alonso: ... Law Enforcement Trust Fund. Sometimes it's used in
a very light fashion that you can...
Vice Mayor Plummer: It's easy come, easy go.
Commissioner Alonso: That might be some part of the feeling. Even though
some of the items are very important, and I find that they are of great
importance to your department.
Vice Mayor Plummer: It's a lot of money.
Lt. Joe Longueira: Commissioner, the...
Vice Mayor Plummer: All right, Mr. Mayor, I am going to cut this short.
Commissioner Alonso: Let him answer, he was going to tell me something.
Vice Mayor Plummer: I'm sorry.
Lt. Longueira: I know that some of the items appear maybe, what you would
say, is not standard. But if they were standard type of items, you wouldn't
be able to buy them through the Law Enforcement Trust Funds. You would have
to buy them out of the budget. These are things that we can't cover in the
budget. They fall under Law Enforcement Trust Fund, therefore, we can do it
that way. If it was a standard item, we couldn't buy it.
Vice Mayor Plummer: I still say to you, the day is going to come. All right?
And I am just going to put this on the record for a tickler. Mr. Mayor, this
Commission spent five million dollars ($5,000,000) of taxpayers money to build
a substation... Where is Miller? - to build a substation in Liberty City. How
many of us are aware that the second floor has never been used?
Mr. Odio: Because it...
Vice Mayor Plummer: Because... no, no, no, wait.
Mr. Odio: ... let me tell you why.
Vice Mayor Plummer: Let me finish, and I'll shut up. OK? There was supposed
to be a full service facility - it's not. It has not been. The second floor
is clean as a whistle...
Lt. Longueira: That's not true.
Vice Mayor Plummer: ... because it's never been used.
Commissioner Alonso: Because when the taxpayers were asked, and they went and
voted in support of that, and I was very involved in that, they had the
impression that the construction was not going to be that costly. And they
had the impression that it was going to be a more efficient service, and that
the police was going to be in the streets, helping the people, and doing the
kind of work that they wanted it to be done. So, that's why they supported
that when they were asked in the ballots to vote in favor of that. And I was
one of those who felt that we needed the police protection, and that's why we
went along and support it. And then, we were surprised by the fact that it
was a... there were two buildings, the one in Liberty City, the one in Little
Havana is having the same problem. Huge buildings, a lot of money, and it was
not accomplished what we wanted at that time.
88 May 9, 1991
_ • s
Vice Mayor Plummer: And didn't even have enough money to buy furniture.
Commissioner Alonso: Yes.
Vice Mayor Plummer: Did not even have enough money to put in fueling
facilities, which take up about an hour of each patrol shift, to have to go
downtown to fuel up their cars, and take them out of service. Does not have a
Property Bureau.
Mr. Odio: Can I ask a question, Commissioner?
Vice Mayor Plummer: I'll shut up as soon as I am finished.
Mr. Odio: I'm going to ask you a question.
Mayor Suarez: Is that a promise?
Vice Mayor Plummer: You can ask me all you want. OK?
Mayor Suarez: That's a promise. All right.
Vice Mayor Plummer: That we don't have a Property Bureau. That every time a
man accumulates property from a given crime scene, once again, he has got to
drive all the way downtown, another hour out of service. Now I'll shut up.
Mr. Odio: Are you saying - I'll fill the second floor with employees. Is
that you are saying?
Vice Mayor Plummer: I'm saying, it's never been used.
Mr. Odio: That's not true.
Lt. Longueira: Commissioner, that's not entirely true.
Vice Mayor Plummer: Joe, it's maybe... yes, you have two captains that are
the headquarters that have the far end down there, and that's all that the
second floor is being used for.
Lt. Longueira: The Office of Professional Compliance also...
Vice Mayor Plummer: When did it move in?
Lt. Longueira: Approximately a month ago, I believe.
Vice Mayor Plummer: A month ago. Then I'll stand corrected. OK? - as far as
that is concerned. But that still was existing in the old police station for
years. It's a matter of convenience to move them. That is not what we
promised the public. That is not what we said to the taxpayers that we were
going to put there. We were going to put a full service facility. It is not
the case.
Mayor Suarez: I think we are using it pretty creatively, given the amount of
money that we spent on it, but then that's why. In fact, I was thinking, some
of the computer departments could maybe go in.
Vice Mayor Plummer: Go look at it. It's not used. It's brand new
Mayor Suarez: I'd hate to be paying for office space, with all due respect to
our principal lessor, if we have space in City buildings as I have been
suggesting. All right... yes.
Commissioner Alonso: And if that is the case, Mr. Mayor, now that you have
made the comment.
Mayor Suarez: Yes.
Commissioner Alonso: If that is the case, why didn't we look at that
before? - and perhaps, we should have done that. And if we have all this
space that I hear coming...
Mr. Odio: You don't even have fifteen hundred square feet.
89 May 9, 1991
7
r
Mayor Suarez: Yes.
Commissioner Alonso: ... the City Manager has an obligation to come forward
and say, we have all this space that is conducive to good business in the City
of Miami, and we should go in the direction of saving all the money that we
can, and we are always in favor of that. And it should be done that way.
Now, a government has to function as a government, and if the offices are
appropriate, why not? We have been using buildings that really, are not
really appropriate for the offices that they have been in, and we've been
paying very good money - twenty-two, twenty-six, twenty-seven, twenty-eight,
thirty-two dollars a square foot, and to me, that's a lot of money. And it's
been done for years, and we've been spending good money for many, many years.
And I think that now that we have the administration building and discussing
that, I think it might be the greatest time to discuss all of these
possibilities.
Mayor Suarez: Absolutely.
Vice Mayor Plummer: Mr. Mayor, let me just make one final salvo here. Two
months ago, we had a promise from the administration, that we would no longer
use regular policemen out of patrol to use at school crossing guards.
Remember that? OK? As of yesterday, they are still pulling patrolmen, out of
regular patrol, for school guard crossing, when they have twenty-seven SRO's
in the school - but he can't walk outside and act as a school guard crossing.
Seven hundred thousand dollars ($700,000) a year.
Mayor Suarez: I know, I...
Vice Mayor Plummer: Now, I'm asking, when the money is there from a State
grant, out of the license tags as you remember, that they are still pulling
patrolmen off of the streets to act as school crossing guards. Now, I heard
two months that that was going to stop. They had a problem with recruitment,
there was a class going through, and they were in fact, going to not do that
anymore. They are still doing it. They are still using able policemen, not
what we heard once before, that light duty, or whatever, for station security.
Now, you know, I am saying, and I am going to continue to say, and I am going
to start saying more of it. We have got to get the Law Enforcement personnel
to enforce the law. We can no longer sit up here and have the citizens
calling our office, that they called at noon, about a disturbance in their
restaurant, and at six o'clock a police department called and says, "Is there
still a disturbance there?" We can't have that Mr. Mayor. We can't put up
with that, because the citizens expect more.
Mayor Suarez: I distinctly remember making the point as to the police that is
at the entrance to the Police Department building, that that is supposed to be
non...
Vice Mayor Plummer: They're pulling patrol men off of the street to go and do
it. Now, it's not just downtown. Now, they are pulling them off the street
to go out to the substations. So, we are pulling three policemen off on a
twenty-four hour basis. Thank God, we don't have that many on light duty.
Commissioner De Yurre: So, what do you propose?
Vice Mayor Plummer: I propose that either they get some kind of a key system,
get some kind of a security system, since we have such a difficult problem of
getting law enforcement men through the academy and graduated. Take these men
out of the police... let me give you an example, last year, not this year, but
last year's budget, we provided one million dollars ($1,000,000) to put in one
hundred PSA's - you remember? And primarily that was to in fact, relieve the
policemen of having to be eighty percent report writers. Do you know how many
of that one hundred went to the street? - eighteen.
Commissioner De Yurre: Were the hundred hired?
Vice Mayor Plumper: Yes.
Vice Mayor Plummer: We got ninety-six, I'm sorry. Eighteen went to the
street. We can use PSA's exclusively for writing accident reports. We've got
what Joe? - thirty-six sworn officers writing accident reports.
Lt. Longueira: I believe that we pared that down, sir. It's not that many.
90 May 9, 1991
Vice Mayor Plummer: OK. Thirty. OK? You've got thirty policemen writing
accident reports, who could be out patrolling the streets, because PSA's are
fully certified to write accident reports.
Mayor Suarez: I'd like to see a full, fledged hearing on the issue of police
deployment.
Vice Mayor Plummer: You have...
Mayor Suarez: We began to express our concerns this morning on this, and it's
not particularly on the agenda, although I understand that it's related to the
issues, I think we ought to have a full fledged hearing. And I think you
ought to have workshops as chairman of the Awareness Committee.
Vice Mayor Plummer: Mr. Mayor, unfortunately, I had that scheduled with Chief
Anderson, and in fact, I told him if you are going to leave, there is no use
of my taking up your time, the Commission's time. OK? And I would like to...
Mayor Suarez: All right, with the new Chief, go through it. Do workshops if
you need to, and report back to the entire Commission, because we have got to
look at this. I mean, it would have been something, it would have been nice
if it could be worked out between the Manager and the Chief. So far, that
hasn't worked. At least, not to my satisfaction. Maybe, this Commission is
going to have to try to set some policy on it.
Lt. Longueira: Mr. Mayor.
Mayor Suarez: Yes.
Lt. Longueira: I know it appears that we don't have a lot of PSA's on the
street, but we do have them in essential jobs. A big bulk of them are in the
records unit, and they do reports, over the telephone.
Vice Mayor Plummer: And that could be done...
Lt. Longueira: They do thirty-four percent of the reports, over the phone.
Vice Mayor Plummer: I apologize. Mr. Mayor, that can be done by civilians.
Mayor Suarez: Well, they are quasi -civilians. They have a little bit of
police training, and that's the whole idea, you know. But at least... we
understand what you are saying. I think we ought to have a full report on
that. I really do. I think our deployment is lacking.
Vice Mayor Plummer: Mr. Mayor.
Mayor Suarez: Yes.
Vice Mayor Plummer: You're very much aware. In this town, unfortunately,
there are thirty cars on the average day stolen. That's the average day,
ninety-nine in Dade County. And today, they are stilt sending policemen out
to write a report on a stolen car.
Lt. Longueira: Commissioner, that's not true either. We take stolen cars
over the telephone.
Vice Mayor Plummer: You try to get it over a phone, if you can. OK?
Lt. Longueira: Yes.
Vice Mayor Plummer: And if the people...
Mayor Suarez: A lot of time, the citizen gets quite perturbed if the police
doesn't go out there. I mean, you know...
Vice Mayor Plummer: Mr. Mayor, in Dade County, you could be disturbed all you
want.
Mayor Suarez: I know, but we have a slightly different view of police
community relations.
91 May 9, 1991
Vice Mayor Plummer: I'm just saying that we've got to get more deployment
than what we have presently.
Mayor Suarez: That may be also the kind of thing that we ought to make
recommendations on, and should be followed. Because that's a matter of
policy.
Vice Mayor Plummer: I think we've got to set...
Mayor Suarez: I mean, if we as a Commission don't feel that police should be
going out to respond to a stolen vehicle, give that in the form of a policy
statement to the Manager, and see if he will implement it. I suspect, he
will.
Vice Mayor Plummer: When I had... hey, when I had a break-in at the funeral
home, OK? - I called to get a report that I had had a break-in at the funeral
home, they transferred me to a teller report, they call it, and they took it
right over the phone, they gave me a case number, and that was it. No
policeman ever came there.
Commissioner Alonso: No wonder they don't catch anyone.
Vice Mayor Plummer: OK?
Mayor Suarez: There are different philosophies of this, and really, a lot of
people do insist on having a police officer go out there and...
Vice Mayor Plummer: You can't imagine the time that we use in missing
persons.
Commissioner Alonso: How do they investigate?
Mayor Suarez: ... I mean, if somebody steals your car, they might also come
back and do some other things to you too. So, I mean, you know, there is all
kinds of arguments you can make that a police officer should go out there. I
mean, it's a major and serious crime. All right.
Vice Mayor Plummer: Let's get back to the sixteen thousand dollar issue.
Mayor Suarez: Please, yes. On item 18, I'll entertain a motion.
Vice Mayor Plummer: I made my point.
Commissioner Alonso: Yes, I move.
Mayor Suarez: So moved.
Vice Mayor Plummer: And I'll second it.
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. 91-352
A RESOLUTION APPROVING THE PURCHASE OF DIVE SUITS
SUITABLE FOR DIVING IN HAZARDOUS MATERIALS, AND
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED
$16,000, FROM THE LAW ENFORCEMENT TRUST FUND, SUCH
COSTS 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 Vice Mayor Plummer, the resolution was passed and
adopted by the following vote:
92 May 9, 1991
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: Excuse me, I'm sorry. This is
19, correct?
Mayor Suarez: Eighteen.
Ms. Matty Hirai: Eighteen, sir.
Vice Mayor Plummer: You did not call the roll on that?
Commissioner Alonso: No.
Mayor Suarez: No.
Ms. Matty Hirai: No, sir.
—
Vice Mayor Plummer: I'm sorry. I vote yes.
27. APPROVE COMMITMENT OF FUNDS TO THE ASPIRA
PROGRAM - ALLOCATE $15,000
(LAW ENFORCEMENT TRUST FUND).
------------------------------------------------------------------------------
Mayor Suarez: Nineteen, ASPIRA.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Vice Mayor Plummer: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-353
A RESOLUTION APPROVING THE COMMITMENT OF FUNDS TO THE
ASPIRA PROGRAM, AND ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $15,000, FROM THE LAW ENFORCEMENT
TRUST FUND, SUCH COST 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 Vice Mayor 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.
93 May 9, 1991
Mayor Suarez: You know, this is really not the way to be doing this, and
then, if anybody comes up with a very good - you know, with a better system, I
mean, to have the ASPIRA people for example, stand around for something that
we all think is an important program, the Police Department has given it it's
seal of approval, the Manager recommends it. I don't think anybody here has
any problems with it. It's got to be a better way so that we don't even have
to...
Commissioner Alonso: Not only that. If we don't have problems like that,
it's going to be much more costly.
Mayor Suarez: Yes. And it worries me to see the representatives of the
organization in question being here, instead of out there taking care of
business.
Commissioner Alonso: That's right.
Mayor Suarez: All right.
Unidentified Speaker: Thank you.
------------------------------------------------------------------------------
28. ACCEPT BID: ASSOCIATES CONSTRUCTION CORPORATION - FOR GRAPELAND STORM
SEWER PROJECT - PHASE I B-5576 ($1,627,565) (Project 352188).
------------------------------------------------------------------------------
Mayor Suarez: Item 20.
Mr. Odio: This is the storm sewer project.
Vice Mayor Plummer: Mr. Mayor, I'm going to move item 20, but I want...
Mayor Suarez: Grapeland Storm Sewer Project.
Vice Mayor Plummer: I'm going to move it, but I want discussion.
Mayor Suarez: OK. Moved for discussion. And hopefully...
Commissioner Alonso: Second.
Mayor Suarez: ... seconded for discussion. Yes, Commissioner - Vice Mayor.
Vice Mayor Plummer: Doctor, I don't know, but I think that I and my
colleagues are entitled to know, what is two hundred and eighty-one thousand
dollars ($281,000) worth of expenses? For the life of me, what the hell are
you doing?
Dr. Luis Prieto: This includes a vast variety of services. It starts with
surveying, the engineering of the project, and the inspection of the projects
providing personnel throughout the job, plus the actual administration of the
job.
Vice Mayor Plummer: Well, you know, let me tell you. When you look down here
at this item of two hundred and eighty-one thousand. The next item, two
hundred and thirty-seven thousand. This is just the cost. The next item, a
hundred thousand. The next item, two hundred and twenty-six thousand. The
next item, thirty-six thousand, and you keep going right down the line, you're
talking about expenses of a million dollars.
Mr. Prieto: These are much less if we went out to consultants. In
consultants, we were saving enormous amounts of money by doing it in-house.
If we went outside, I can guarantee that you will see many, many hundreds of
thousand of dollars increase over this.
Vice Mayor Plummer: I'd like... if I may, you can take any one of them as you
choose.
Mr. Prieto: Yes, sir.
94 May 9, 1991
Vice Mayor Plummer: But I would like to see a complete break down of what
entails expenses. OK?
Mr. Prieto: Absolutely, sir. I'd be very happy.
Commissioner Dawkins: You know, I don't know why we are concerned, when I've
been saying all along that you need to put in a total bid, a total
expenditure, and J.L... and now, everybody wants to know what it is I said.
If it is a part of the bid, make it a part of the bid.
Mr. Prieto: It's not part of the bid, sir.
Commissioner Dawkins: Well it's a part of the total cost.
Mr. Prieto: It is part of the total cost, yes.
Commissioner Dawkins: So, you've got here, the project cost a million six,
but you've got a quarter of a million dollars for expenses. It's still the
total project. I don't understand why you have to separate it. And I said
that before, and I am going to say it again. That if a project has a total
cost of "X" dollars, I don't want to see one quarter "X" one place, and three-
quarters "X" another place.
Mr. Prieto: Actually, we did this to accommodate some Commissioners that
desired a break down. We would be happy to go back to the other system.
Vice Mayor Plummer: No, no, no. Miller, it was I that asked for it. Let me
tell you what happens here. There are certain things that are included in
expenses, legitimate fees at maybe, reasonable or unreasonable cost. But for
example, you don't ask a bidder to bid on the advertising. You don't ask a
bidder to pay for the cost of the RFP (Request for Proposal). So all I am
saying to you is, the service cost are done in-house, are not done by the
bidder. So you can't ask the bidder to bid on that, but there is another
factor involved.
Commissioner Dawkins: OK, Let me ask... I'll ask another question. Of the
two hundred and eighty-one thousand, one hundred and forty-five dollars
($281,145) in item 20, what portions of that could be spent with a black
contractor, and what portion could be spent with a small Latin contractor?
Mr. Prieto: These are not contractors.
doing this job. This is in-house work.
Commissioner Dawkins: So in other words...
These are City employees that are
Vice Mayor Plummer: That's why it's not a part of the bid.
Commissioner Dawkins: ... the people who work for the City of Miami...
Mr. Prieto: Are earning this.
Commissioner Dawkins: ... you're paying their salary this way...
Mr. Prieto: Exactly.
Commissioner Dawkins: ... instead of putting it out of the General Fund?
Mr. Prieto: Yes, sir.
Commissioner Dawkins: Then why the hell - why don't you say that?
Mr. Prieto: Let me... that's what we are saying.
Commissioner Dawkins: You don't... you see...
Mr. Prieto: Let me give you the good side of this thing.
Commissioner Dawkins: No, no.
Mayor Suarez: No, no. Don't give us the good side, or the bad side, or any
side. I think they are now satisfied.
95 May 9, 1991
O
Commissioner Dawkins: If that's the bad side, don't tell me about the good
side.
Mr. Prieto: No, no, no.
Mayor Suarez: No, no, thank you, doctor. I think we finally got a
clarification here. Let's just kind of...
Commissioner Dawkins: That's right. I finally found out what you all are
doing. See? Then when you pass the budget, and you tell me that the City of
Miami employees is three "X" dollars...
Mr. Prieto: Yes.
Commissioner Dawkins: ... it really isn't. It's five "X" dollars because...
Mr. Prieto: No, sir.
Commissioner Dawkins: ... you're picking up the other two "X" this way.
Mr. Prieto: Commissioner, let me explain.
Mr. Odio: years ago, you needed about five million dollars a year...
Mr. Prieto: Seven million.
Mr. Odio: ... seven - from the General Fund to fund the Public Works
Department. This year, you only used eight hundred thousand dollars, and next
year you're going to use zero.
Mr. Prieto: Zero.
Commissioner Dawkins: It's still.. OK. Where does the two hundred and
eighty-one thousand one hundred and forty-five dollars ($281,145) come from?
Mr. Odio: That comes from storm waters fees.
Commissioner Dawkins: From what?
Mr. Odio: Storm water sewer fees.
Vice Mayor Plummer: Fees, or bond?
Mr. Odio: Fees.
Commissioner Dawkins: And the storm water sewer fees, how do you get that?
Mr. Odio: They are through the water bills.
Commissioner Dawkins: All right. And who pays that?
Commissioner Alonso: Taxpayers, users.
Mr. Odio: Every user of ...
Commissioner Dawkins: Does the citizens pay that?
Mr. Odio: Yes.
Mr. Prieto: Yes.
Commissioner Dawkins: So that is a tax on the citizens. Where does the
General Fund money come from?
Mr. Prieto: It's a fee.
Commissioner Dawkins: The tax on the citizen.
Mr. Odio: From property tax, yes.
Commissioner Dawkins: So, you see, you're not mixing apples and oranges, it's
all apples.
96 May 9, 1991
Commissioner Alonso: Oh yes, it comes from the same pocket. The citizens.
Mayor Suarez: Slightly different kind of apples, but they are all apples,
yes.
Commissioner Dawkins: That's right. You know, but yet and still, you have
people... you have me believe when I pass the budget, that I passed it on "X"
dollars, when really, you're double dipping.
Mayor Suarez: All right. On item 20 then,
Vice Mayor Plummer: It's moved and seconded.
Mayor Suarez: Moved and seconded. Any discussion accepting the bid? If not,
please call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-354
A RESOLUTION ACCEPTING THE BID OF ASSOCIATES
CONSTRUCTION CORPORATION, IN THE PROPOSED AMOUNT OF
$1,627,565.00, TOTAL BID OF THE PROPOSAL, FOR
GRAPELAND STORM SEWER PROJECT - PHASE I B-5576; WITH
MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR 1990-91
CAPITAL IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO.
352188, IN THE AMOUNT OF $1,627,565.00 TO COVER THE
CONTRACT COST AND $281,145.00 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$1,908,700.00; 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 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.
91
May 9, 1991
-------------------------------------------------------------------------------
29. ACCEPT DID: RESOL, INC. - FOR GRAPELAND STORM SEWER PROJECT - PHASE II
B-5578 ($1,365,365) (Project 352266).
------------------------------------------------------------------------------
Mayor Suarez: Item 21, accepting the bid of Resol, Inc.
Vice Mayor Plummer: Move it.
Commissioner Alonso: Second.
Mayor Suarez: Moved and second for Grapeland Storm Water Sewer Project Phase
II. Any discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-355
A RESOLUTION ACCEPTING THE BID OF RESOL, INC., IN THE
PROPOSED AMOUNT OF $1,365,365.00, TOTAL BID OF THE
PROPOSAL, FOR GRAPELAND STORM SEWER PROJECT - PHASE II
B-5578; WITH MONIES THEREFOR ALLOCATED FROM THE FISCAL
YEAR 1990-91 CAPITAL IMPROVEMENT ORDINANCE NO. 10782,
PROJECT NO. 352266, IN THE AMOUNT OF $1,365,365.00 TO
COVER THE CONTRACT COST AND $237,505.00 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$1,602,870.00; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
(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.
------------------------------------------------------------------------------
30. ACCEPT BID: SITE TECH ENGINEERING CORP. - FOR DURHAM STORM SEWER
PROJECT B-5577 ($569,908) (Project 352193).
------------------------------------------------------------------------------
Mayor Suarez: Item 22. Site Tech Engineering Corp.
Vice Mayor Plummer: Move it.
Commissioner Alonso: Second.
Mayor Suarez: For Durham Storm Sewer Project.
Mayor Suarez: Moved and seconded. Where is Durham? - other than North
Carolina.
Mr. Prieto: No, sir. Durham is just north of NW 7 Street, between 37th
Avenue and 42nd Avenue.
Commissioner Alonso: Wonderful.
98 May 9, 1991
Mr. Prieto: It's right north of the Flagler race track, all the way up to
836.
Mayor Suarez: OK. Very good. Now, we know where Durham is in the City of
Miami.
Mr. Prieto: As you can see, what we are doing, is that we are clearing a lot
of the problem areas of storm drainage in the City.
Mayor Suarez: Very good.
Vice Mayor Plummer: Bull Durham.
Mayor Suarez: Moved and second. Any discussion? If not, please call the
roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-356
A RESOLUTION ACCEPTING THE BID OF SITE TECH
ENGINEERING, CORP., IN THE PROPOSED AMOUNT OF
$569,908.00, TOTAL BID OF THE PROPOSAL, FOR DURHAM
STORM SEWER PROJECT B-5577; WITH MONIES THEREFOR
ALLOCATED FROM THE FISCAL YEAR 1990-91 CAPITAL
IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO. 352193,
IN THE AMOUNT OF $569,908.00 TO COVER THE CONTRACT
COST AND $100,602.00 TO COVER THE ESTIMATED EXPENSES,
FOR AN ESTIMATED TOTAL COST OF $670,510.00; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
(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.
------------------------------------------------------------------------------
31. ACCEPT BID: MARKS BROTHERS, INC. - FOR DOWNTOWN HIGHWAY IMPROVEMENT
PROJECT - PHASE II - BID "B" B-4521 ($1,110,181) (Project 341115).
------------------------------------------------------------------------------
Mayor Suarez: Item 23. Marks Brothers for Downtown Highway Improvement
Project Phase II.
Vice Mayor Plummer: Move it.
Commissioner Alonso: Move.
Vice Mayor Plumper: Second.
Mayor Suarez: Moved. Seconded. Any discussion? If not, please call the
roll.
99 May 9, 1991
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-357
A RESOLUTION ACCEPTING THE BID OF MARKS BROTHERS,
INC., IN THE PROPOSED AMOUNT OF $1,110,181.00, TOTAL
BID PLUS ALTERNATE "A" OF THE PROPOSAL, FOR DOWNTOWN
HIGHWAY IMPROVEMENT PROJECT - PHASE II - BID "B" B-
4521; WITH MONIES THEREFOR ALLOCATED FROM THE FISCAL
YEAR 1990-91 CAPITAL IMPROVEMENT ORDINANCE NO. 10782,
PROJECT NO. 341115, IN THE AMOUNT OF $1,110,181.00 TO
COVER THE CONTRACT COST AND $226,934.00 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$1,337,115.00; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor 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.
Mayor Suarez: On 23, Mr. Manager...
Commissioner Dawkins: Under 23, please Mr. Mayor.
Mayor Suarez: Yes. Go ahead, Commissioner.
Commissioner Dawkins: You had one black bidder...
Mayor Suarez: I was going to ask that.
Commissioner Dawkins: ... and the black bidder withdrew. Why?
Mayor Suarez: Why did the...?
Mr. Prieto: Yes, sir. We wanted to grant the contract to them. They
unfortunately had made a mathematical mistake, leaving six hundred thousand
dollars ($600,000) under their cost. We permitted them to withdraw.
Commissioner Dawkins: Six hundred... wait a minute.
Commissioner Alonso: That's a lot of money.
Commissioner Dawkins: They put in a bid with a six hundred thousand dollar
error in it?
Mr. Prieto: Yes sir.
Vice Mayor Plummer: Under their cost?
Mr. Prieto: Under cost, sir.
Mayor Suarez: You did not want to award the bid to them, doctor. You were
looking to award it to the lowest bidder. If there was a mistake of six
hundred thousand dollars, that changed the lowest bidder, and you went to the
lowest bidder, right?
Mr. Prieto: That's right, sir.
100 May 9, 1991
1
Mayor Suarez: Very good.
Commissioner Dawkins: No, they withdrew because they made the error.
Commissioner Alonso: Yes. They could not afford to do it.
Commissioner Dawkins: I just can't see how a firm can underbid a contract,
but I mean, miss six hundred thousand dollars in their bid.
Mayor Suarez: Only one black bidder in that case?
Mr. Prieto: Yes, sir, unfortunately.
Mayor Suarez: All right, and you are of course out there beating the bushes
informing the Black Contractor Association, and everybody else that we have
got these nice juicy contracts out there?
Mr. Prieto: We have. We have been working very closely with our own
minority...
Mayor Suarez: Have you spoken to the association at their meetings lately?
Mr. Prieto: Yes, sir. We in fact have had their own list submitted to us,
and they get preferential advertising. We call them on the phone, we cajole
them to come on over.
Mayor Suarez: They get proper notification, not preferential advertising.
Mr. Prieto: Well, we call them on the phone.
Mayor Suarez: All right. Very good. Just make sure you use your
preferential legs to go out there and talk to them, and your preferential
mouth to call them on the phone. OK. Item 23, we have a motion and a second.
Any discussion?
Ms. Matty Hirai: We've done 23, Mr. Mayor.
Mayor Suarez: We've passed it.
Commissioner Alonso: We already did.
101 May 9, 1991
32. ACCEPT BID: MARKS BROTHERS, INC. - FOR ORANGE BOWL AREA SANITARY SEWER
PROJECT - PHASE I B-5591 ($193,997.50) (Project 351287).
Mayor Suarez: Item 24. Marks Brothers again. I guess it's a companion item.
No, it isn't. It's Orange Bowl Area Sanitary Sewer project.
Commissioner De Yurre: Move.
Commissioner Alonso: Second.
Mayor Suarez: I guess that's certainly needed. Moved and second. Any
discussion? If not, please call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-358
A RESOLUTION ACCEPTING THE BID OF MARKS BROTHERS,
INC., IN THE PROPOSED AMOUNT OF $193,997.50, TOTAL BID
OF THE PROPOSAL, FOR ORANGE BOWL AREA SANITARY SEWER
PROJECT - PHASE I B-5591; WITH MONIES THEREFOR
ALLOCATED FROM THE FISCAL YEAR 1990-91 CAPITAL
IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO. 3512879
IN THE AMOUNT OF $193,997.50 TO COVER THE CONTRACT
COST AND $36,225.50 TO COVER THE ESTIMATED EXPENSES,
FOR AN ESTIMATED TOTAL COST OF $230,223.00; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
(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.
Commissioner De Yurre: Where are we at with the Orange Bowl? -as far as the
work that needs to be done?
Mr. Odio: We had a prebid conference. Six contractors showed up, and I hope
they can write a bid package correctly.
Commissioner De Yurre: Are we on schedule still?
Mr. Odio: Yes. We are still within the schedule allowed. Hope to have next
week...
Mr. Prieto: On Tuesday.
Mr. Odio: On Tuesday.
Mr. Prieto: Tuesday morning at eleven o'clock right here.
Mayor Suarez: Will be the...
102 May 9, 1991
Mr. Odio: The opening.
Mayor Suarez: The opening.
Mr. Odio: And we note that this bid... if we had done that, making mistakes
like they made, we would have been in the front of the Herald. Private sector
makes mistakes, and nothing happens.
Mayor Suarez: All right, item twenty...
Commissioner Alonso: Five. Maurice Pons is my appointment.
Mayor Suarez: Well who... one last question, I'm sorry. On items 23 and 24,
just out of curiosity, if I may, Commissioner Alonso. I forgot, who are the
Marks Brothers?
Vice Mayor Plummer: There is one left.
Mr. Prieto: There is one Marks Brother.
Mayor Suarez: Are these our Marks? Like in Gene and Company?
Mr. Prieto: Yes, sir. Gene Marks. Yes, sir.
Mayor Suarez: All right. I just wondered who these Marks Brothers are that
keep showing up.
Vice Mayor Plummer: Xavier, it's the only one left.
Mayor Suarez: Only one left, Gene?
33. APPOINT INDIVIDUAL AS MEMBER OF CODE ENFORCEMENT BOARD (Appointed was:
Maurice Pons).
Mayor Suarez: Item 25. Code Enforcement Board.
Commissioner Alonso: My appointment.
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: Maurice Pons.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-359
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF
THE CODE ENFORCEMENT BOARD OF THE CITY OF MIAMI,
FLORIDA, TO SERVE THE REMAINDER OF AN UNEXPIRED TERM.
(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:
103 May 9, 1991
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.
------------------------- ------------- -----------------------------------------
34. CONFIRM ASSESSMENT ROLL: N.W. 8 STREET ROAD HIGHWAY IMPROVEMENT
(DISTRICT H-4520).
------------------------------------------------------------------------------
Mayor Suarez: Item 26. Assessment roll for construction NW 8 Street Road
Highway Improvements.
Vice Mayor Plummer: Public hearing. Let the record reflect no one came
forward, I move it.
Mayor Suarez: On item 22... 26, no one wishes to be heard.
Commissioner Alonso: Second.
Mayor Suarez: Moved and second. Any discussion? If not, please call the
roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-360
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF N.W. 8 STREET ROAD HIGHWAY IMPROVEMENT
IN N.W. 8 STREET ROAD HIGHWAY IMPROVEMENT DISTRICT H-
4520 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 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 Dawkins: Mr. Manager.
Mr. Odio: Yes, sir.
Commissioner Dawkins: Do the people in this area know that they are going to
be assessed? I mean, did you have a meeting with them to tell them that they
are going to be assessed for this improvement?
Mr. Prieto: Yes, sir. Yes, there's a public meeting.
Mr. Odio: It's normal procedure to do so.
104 May 9, 1991
Commissioner Dawkins: No further questions.
Mayor Suarez: Call the roll.
35. CONFIRM ASSESSMENT ROLL: NORTH RIVER DRIVE HIGHWAY IMPROVEMENT (DISRICT
H-4501).
------------------------------------------------------------------------------
Mayor Suarez: Item 27. North River Drive Highway Improvement - confirming
assessment roll. Does anyone wish...
Vice Mayor Plummer: Let the record reflect no one came forward. I move it.
Commissioner Alonso: Second.
Commissioner Dawkins: Second.
Mayor Suarez: OK. No one wishes to be heard on item 27. OK. Moved and
second. Any discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-361
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF NORTH RIVER DRIVE HIGHWAY IMPROVEMENT
IN NORTH RIVER DRIVE HIGHWAY IMPROVEMENT DISTRICT H-
4501 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 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.
------------------------------------------------------------------------------
36. CONFIRM ASSESSMENT ROLL: CITYWIDE HIGHWAY IMPROVEMENT - PHASE III
(DISTRICT 4516).
------------------------------------------------------------------------------
Mayor Suarez: Item 28. Citywide Highway Improvement Phase III. Confirming
assessment roll.
Commissioner Alonso: Move.
Vice Mayor Plummer: Let the record reflect no one came forward.
Mayor Suarez: Thank you.
Vice Mayor Plummer: I second Commissioner Alonso's motion.
Mayor Suarez: It says, Citywide. Does that mean Citywide, Citywide?
105 May 9, 1991
f f.
Mr. Prieto: No, sir. This one happens to be 26th Street, between 12th and
14th Avenue.
Mayor Suarez: Any particular reason why it says Citywide?
Mr. Prieto: It's a formality that perhaps we shouldn't have used here.
Mayor Suarez: OK. And that's in southwest?
Mr. Prieto: Northwest.
Mayor Suarez: Northwest - in Allapattah.
Commissioner Alonso: Just one question. Dr. Prieto, the way we notified the
residents, it's by individual notification, or publication?
Mr. Prieto: It's through a letter that is sent to each of them, advising them
of what the assessment will consist of, and advising that they have the option
of coming to the Commission and bringing a protest.
Commissioner Alonso: OK. And then the form of payment, it could be in
installments?
Mr. Prieto: They can have either a lump sum or they can be an installment
over ten year period.
Mayor Suarez: OK. Fine. Thank you.
Vice Mayor Plummer: At a very low rate of interest.
Commissioner Alonso: Yes.
Mr. Prieto: Yes, sir.
Vice Mayor Plummer: I think it's three percent, isn't it?
Mr. Prieto: Yes, sir. It's a very low rate.
Commissioner Dawkins: Is this a total assessment of twenty-three thousand
dollars ($23,000) - that's a low assessment. That's the total assessment for
that area?
Mr. Prieto: Yes, sir. It's only two blocks.
Commissioner Dawkins: Two blocks?
Mr. Prieto: Yes, sir.
Commissioner Dawkins: Well, how many homes are in the two block area to be
taxed for the twenty-three thousand? Like it could be five homes. And that's
not little. That's four thousand dollars a home.
Mr. Prieto: No, we are looking more. We are looking...
Commissioner Dawkins: How many homes?
Vice Mayor Plummer: It's on the front footage.
Mr. Prieto: Approximately twenty homes.
Commissioner Dawkins: Twenty homes.
Mr. Prieto: Yes, sir.
Commissioner Dawkins: So then the assessment would be approximately a
thousand dollars a home?
Mr. Prieto: A little over a thousand dollars. Yes, sir.
Mayor Suarez: That's what he said, approximately.
106 May 9, 1991
Vice Mayor Plummer: But it's not based on that. It's not based on the amount
of homes, is it?
Mr. Prieto: No, it is not.
Vice Mayor Plummer: it's based on the front footage.
Mr. Prieto: That's right.
Commissioner Dawkins: Well, how can a home... OK.
Vice Mayor Plummer: Some people... well, Commissioner, some people have a
double lot, some people have a smaller lot.
Mayor Suarez: All right, with those variations, it's based on the number of
homes, and...
Commissioner Dawkins: Homeowners.
Mayor Suarez: ... right, and footage, etcetera. But it's technically on
footage. All right?
Commissioner Dawkins: OK. No problem. Thank you.
Mayor Suarez: We all understand.
Commissioner Alonso: And one more question. Do we have any kind of cap on
these things?
Mr. Prieto: Yes. Twenty-five percent of the actual cost.
Commissioner Alonso: Twenty-five percent. OK, thank you.
Mayor Suarez: OK.
Mr. Prieto: Actually, it's less. Because the corner intersections are lost
areas we can't charge to anybody. So, tax - really less.
Mayor Suarez: The lost area.
Commissioner Alonso: Thank you.
Mayor Suarez: OK. We've got a motion and a second?
Commissioner Alonso: Yes.
Mayor Suarez: Call the roll please.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-362
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF CITYWIDE HIGHWAY IMPROVEMENT PHASE III
IN CITYWIDE HIGHWAY IMPROVEMENT DISTRICT -PHASE III H-
4516 AND REMOVING ALL PENDING LIENS FOR THIS
IMPROVEMENT NOT HEREBY CERTIFIED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Plummer, the resolution was passed and
adopted by the following vote:
107 May 9, 1991
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.
--------------- --------------------------------------------------------------
37. CONFIRM ASSESSMENT ROLL: CITYWIDE HIGHWAY IMPROVEMENT - PHASE IV
(DISTRICT H-4526).
------------------------------------------------------------------------------
Mayor Suarez: Twenty-nine is Citywide Highway Improvement Phase IV. I'll
entertain a motion on it.
Commissioner Alonso: Moved.
Mayor Suarez: Moved and seconded. Any discussion? Does anyone wish to be
heard on this item? Let the record reflect, no one stepped forward.
Commissioner Dawkins: Same question, Dr. Prieto.
Mr. Prieto: Sir.
Commissioner Dawkins: How many homes that the sixty-one thousand dollars
($61,000) has to be spread across?
Mr. Prieto: It's a little more complicated. We are dealing with four
different areas here. There are three blocks in the first. There are
approximately three blocks in the second, makes six. There are four blocks in
the third, making ten. And there are two blocks in the others, so that's
twelve.
Commissioner Dawkins: Where is Northwest 12th Street Drive?
Mr. Prieto: I must confess, right now...
Commissioner Dawkins: OK. Forty-second Avenue. OK. No further questioning.
Mayor Suarez: OK. Call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-363
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF CITYWIDE HIGHWAY IMPROVEMENT -PHASE IV
IN CITYWIDE HIGHWAY IMPROVEMENT DISTRICT -PHASE IV 14-
4526 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 De Yurre, the resolution was passed
and adopted by the following vote:
108 May 9, 1991
�i
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.
------------------------------------------------------------------------------
38. CONFIRM ASSESSMENT ROLL: CITYWIDE SANITARY SEWER EXTENSION
IMPROVEMENT - S.W. 8 COURT (DISTRICT SR-5539-C).
Mayor Suarez: Item 30. Assessment roll Citywide Sanitary Sewer Improvement -
SW 8 Court. I entertain a motion on it.
Commissioner Alonso: I so move.
Vice Mayor Plummer: Second.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
Mr. Jorge Fernandez: Public hearing.
Mayor Suarez: Does anyone wish to be heard on this item? Let the record
reflect no one stepped forward. Thank you. Call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-364
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF CITYWIDE SANITARY SEWER EXTENSION
IMPROVEMENT - S.W. 8 COURT IN CITYWIDE SANITARY SEWER
EXTENSION IMPROVEMENT - S.W. 8 COURT DISTRICT SR-5539-
C AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT
NOT HEREBY CERTIFIED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor 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.
109
May 9, 1991
3
�j
39. SECOND READING ORDINANCE: AMEND 11000 ZONING ATLAS - CHANGE
CLASSIFICATION AT 1712-1814 N.W. 22 PLACE FROM R-2 TWO FAMILY
RESIDENTIAL TO PR PARKS AND RECREATION.
------------------------------------------------------------------------------
Mayor Suarez: Item 31.
Commissioner Alonso: So moved.
Vice Mayor Plummer: Second.
Mayor Suarez: Zoning atlas by changing in zoning classification et cetera.
Commissioner Alonso: That's for the Clemente Park, that we needed that
change.
Mayor Suarez: For Clemente Park effort. Moved and second. Any discussion?
Vice Mayor Plummer: Wait a minute.
Commissioner Alonso: It's a zoning change that was needed for the park.
Mayor Suarez: Anyone wish to be heard on this item?
Mr. Guillermo Olmedillo: Curtis Park.
Mayor Suarez: Let the record reflect that no one stepped forward.
Commissioner Alonso: For the park, right?
Mr. Olmedillo: Curtis Park.
Vice Mayor Plummer: Curtis, not Clemente.
Commissioner Alonso: Yes, Curtis Park.
Mayor Suarez: Curtis.
Commissioner Alonso: That's right. I'm sorry.
Vice Mayor Plummer: OK.
Mayor Suarez: OK. Read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 1712-1814 NORTHWEST 22ND PLACE, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM R-2
TWO FAMILY RESIDENTIAL TO PR PARKS AND RECREATION; BY
MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES
ON PAGE NO. 25 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of April 11, 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:
110 May 9, 1991
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. 10884.
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.
40. AUTHORIZE MANAGER TO SUBMIT APPROVED GRANT PROGRAM FINAL STATEMENT TO
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) - REQUEST
$12,613,000 FOR CITY'S PROPOSED COMMUNITY DEVELOPMENT PROGRAM DURING
1991-1992 - AUTHORIZE MANAGER TO ACCEPT GRANT AND EXECUTE NECESSARY
AGREEMENTS.
Mayor Suarez: Item 32. Correct?
Vice Mayor Plummer: Move it.
Commissioner Alonso: CDBG (Community Development Block Grant) funds.
Mayor Suarez: Moved, as per the recommendations and prior discussion. Do we
have a second on that? - somebody.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Thank you.
Vice Mayor Plummer: Mariano, this is just to accept the money - you want to
argue later.
Mr. Mariano Cruz: Thirty-two.
Vice Mayor Plummer: Thirty-three.
Mr. Cruz: Oh! Thirty-three, oh.
Commissioner Alonso: Thirty-two, we accepted.
Mayor Suarez: If you would like to make your remarks, they may be more
indicated at thirty-three. And let us accept the money on thirty-two. OK?
Sounds like good strategy? Call the roll.
Vice Mayor Plummer: If we don't accept thirty-two, there is nothing to argue
kiI
about in thirty-three.
-!
Mayor Suarez: Call the roll.
0
ill May 9, 1991
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-365
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO SUBMIT THE APPROVED GRANT PROGRAM FINAL
STATEMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) REQUESTING FUNDS IN THE AMOUNT OF
$12,613,000 FOR THE CITY'S PROPOSED COMMUNITY
DEVELOPMENT PROGRAM DURING 1991-1992; FURTHER
AUTHORIZING THE CITY MANAGER, UPON APPROVAL OF SAID
GRANT BY HUD, TO ACCEPT THE SAME AND EXECUTE THE
NECESSARY AGREEMENTS, SUBJECT TO APPLICABLE CITY CODE
PROVISIONS.
(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.
------------------------------------------------------------------------------
41. AUTHORIZE MANAGER TO SUBMIT AMENDMENT TO APPROVED 15TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FINAL STATEMENT TO U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) TO REFLECT
REALLOCATION OF FUNDS: $700,000 FROM THE $1,000,000 ALLOCATED FOR LAND
ACQUISITION IN OVERTOWN - FOR PURCHASE OF CAMILLUS HOUSE - TO MIAMI-DADE
COMMUNITY COLLEGE AS A LAND ACQUISITION GRANT FOR EXPANSION OF DOWNTOWN
WOLFSON CAMPUS.
-----------------------------------------------------------------------...------
Mayor Suarez: Item 33.
Commissioner Alonso: Now, we are talking.
Mayor Suarez: Who do we hear from first? - other than the Miami Herald
reporter, and the City Manager, and so on? OK. We've got a few requests
here. Do we need to hear a recommendation from the administration first?
Mr. Castaneda: Commissioners, we made the change as you requested. Those
agencies, those social service agencies that were in the food category that
requested additional funding, we gave them a five percent increase, and that
way, we reduced the contingency amount from sixty-eight thousand one sixty-
nine, to five thousand, five hundred dollars. Let me just clarify that the
items that you are on now...
Vice Mayor Plummer: Frank, hold one second please. Anybody wishing to
address the Commission on this issue, I would appreciate if you would go to
the Clerk and register your name, so we can handle it in an orderly manner.
Anybody wishing to speak. I have three names so far. Go ahead, Frank.
Mr. Castaneda: Let me just clarify that there might be some confusion here.
Item 33 is the reallocation of the seven hundred thousand dollars ($700,000).
Item 32 is the block grant application.
Commissioner Dawkins: Item 33 is the one we want to discuss... item 34.
Mr. Castaneda: Well, I think you want to discuss both items.
112 May 9, 1991
11
El
Commissioner Dawkins: Thirty-four is the one that they want to speak on.
Mr. Castaneda: That is correct, Commissioners.
Commissioner Dawkins: OK. Thirty-four is the one they want to speak on.
Mr. Castaneda: Right. Thirty-three is per your request. We are allocating
the seven hundred thousand dollars ($700,000) for Miami -Dade Community
College. If you recall, you wanted eight hundred and fifty thousand dollars
($850,000) for Miami -Dade Community College, and eight hundred and fifty
thousand dollars ($850,000) for Dade County HUD (Housing and Urban
Development). What we did is, we took seven hundred thousand dollars
($700,000) from Camillus House for that amount, and the other hundred and
fifty thousand dollars will be in the seventeenth year application for the
eight hundred and fifty thousand.
Mr. Mariano Cruz: Oh, I'd like to talk on that - Miami -Dade.
Vice Mayor Plummer: Well, hold on. Let's let him finish and then we will
start calling on people.
Mr. Cruz: OK.
Mr. Castaneda: OK. So basically besides that, what we did in the social
service category is, we increased the programs that were requesting increases
in the meals category by five percent, and...
Vice Mayor Plummer: Excuse me please. Excuse me please. Could we have a
little quiet? Thank you.
Mr. Castaneda: And we still left the daycare contingency of a hundred and
sixty-one thousand dollars ($161,000) in case we have some problems in getting
the daycare money. If not, that money will be available for reallocation
later on.
Vice Mayor Plummer: All right. First and foremost, is there any Commissioner
wishing to make a comment? If not, I will start in to the public comments.
Commissioner De Yurre. I'm sorry?
Commissioner De Yurre: We're g:;ng to comment on thirty-three, or thirty-
four?
Vice Mayor Plummer: Well, I woulc: assume thirty-three is before us right now.
But I don't know why you can't, since they are companion, the thirty-three and
thirty-four couldn't accept comments on either one.
Commissioner Alonso: Yes.
Vice Mayor Plummer: You want me to go ahead with the public?
Commissioner De Yurre: Yes, go ahead.
Vice Mayor Plummer: First speaker is Sheila Richter.
_. Ms. Sheila Richter: Sheila Richter, 1310 NW 16th Street. You know, I've been
sitting here and I have been listening to the different people talking.
Commissioner Teele impressed me the most. He got up here and he spoke
eloquently about the beach front, and about assuring a piece of history to
Miami's residents. However, if people don't have standard living situations,
if crime increases at the rate that it's going, you're not going to have
anybody here to enjoy history, not to enjoy history, it's not going to make a
difference. Recently, the United States went to war in the Gulf and the
country backed, as he has now been dubbed, "Stormin' Norman." - didn't
necessarily mean that they appreciated him or not as a person, but it meant
that they realized that the outcome of the war in part, rested upon this man's
shoulders. Well, you don't have to like Earl Phillips, many people don't.
And you don't have to like Greg Burns, because some people don't. But they
too are our "Stormin' Normans," and the war that we fight every day, whether
you like public housing or not, we don't have that option, because we live in
public housing. OK? And the fight that we fight is dependent upon these men.
However, their success or their failure in part, rest upon your shoulders.
Because you would no more try to paint your house, exterminate your yard
113 May 9, 1991
I
without pesticides, or try to mow your grass without a lawn mower, than we can
implement our programs without money. War cost money. The cost it,
and the fight in HUD cost it. I am personally here today against advice of a
lot of people, because last night I received a death threat. OK? Because I
choose to be a soldier in the war on drugs. I may be taking risks now saying
this here. However, I believe in it enough, because our youth and our
building is not just our future, they are your future too. You can spend a
couple of dollars today in programs to deter them from crime, or you can spend
money years later keeping them in the penal system. J.L. Plummer, you know
the Vice Mayor, with all due respect, I listen to you and I respect you a lot.
You try to account for every dollar. Based on that, as a businessman, I am
sure you can appreciate the value of a few dollars today to help us save our
children. The elderly are another situation that we face. These are people
who by large, work their whole lives and save their money for what was called
the "golden years."
Mayor Suarez: Sheila, you're very eloquent. It sounds like you're ready to
run for public office. I think you're doing pretty well, and your time is up.
So, if you could just paraphrase. Believe me, we have heard the arguments and
I think we are pretty sure how we are going to vote on this item.
Ms. Richter: Thank you.
Commissioner Alonso: Yes.
Mayor Suarez: OK. Very good. I have a certain Mariano J. at 1227 NW 26th
Street - that's not yourself, is it?
Mr. Cruz: That's my - yes. Well, I am talking on item 33. That's what we
are discussing now, right?
Commissioner Alonso: Yes, thirty-three.
Mr. Cruz: Miami -Dade Community College monies.
Mayor Suarez: We will entertain your remarks on either thirty-two, or thirty-
three
Commissioner Alonso: No, thirty-two, it's over.
Mr. Cruz: No, no. I will talk on thirty-three now.
Mayor Suarez: Right. But if you thought that they would apply to something
else, we will...
Commissioner Alonso: We will take it too.
Mr. Cruz: Well, I have more than that later on.
Mayor Suarez: OK.
Mr. Cruz: But, on thirty-three specifically, I see that... no, first, Mariano
Cruz, 1227 NW 26 Street, 33142. I see that they're allocating seven hundred
thousand dollars ($700,000) for Miami Dade. I say, it's very good, I know
they need it. But, I see that the money also, is coming from the Camillus
House money, or they forgot to say that the Camillus House money previously
came from money...
Mayor Suarez: Correct.
Mr. Cruz: ... that was supposed to go to little HUD, Little Haiti, Overtown,
and Allapattah. And they took that money from the fifteen years CD and they
gave it to Camillus House, supposedly, to buy the house to help them with the
relocation. Well, see, that is a dead issue. Now, I see there on the
background information, the only thing they mentioned from the Camillus
House...
Mayor Suarez: That's really an omission, that's not a...
Mr. Cruz: ... when the moral thing for the Commission to do, is give the
money back to the neighborhood, or back to the homeless where it was
originally intended for. OK, Miami -Dade is a good issue, but that's a State
n'!
114 May 9, 1991
=`7
endeavor. And it's not our problem in way of the City, because we can't take
of the County problem, the State problems, and all that. Remember,
Proposition Three, that if they tell you something to do, they've got to find
the money for you to do it.
Mayor Suarez: That's right.
Mr. Cruz: And Miami -Dade is good for the City, but it's not what those monies
were intended for. The Community Development money were intended for the
neighborhoods, and they should be spent in the neighborhood. And I remember
many people that ran in the premise and the platform that to take care of the
neighborhoods, not to take care of downtown - main thing. There was so much
money spent on downtown. What about the neighborhood? - you're supposed to
represent the neighborhoods. And the neighborhoods are the people who vote -
election time come. Thank you, on that.
Mayor Suarez: All right. Thank you, Mariano. Rubin D. Cruz.
Mr. Cruz: He passes, I said it already.
Mayor Suarez: OK, he yielded to you?
Mr. Cruz: Right.
Mayor Suarez: And he is not related to you, is he?
Mr. Cruz: Well, now I will be talking on the... what about the thirty-two?
Mayor Suarez: OK. No, I'm sorry, I'll take by my question. I'm sorry I
asked - that's OK.
Mr. Cruz: What about the item thirty-two? - it's going for discussion now,
too? The HUD things. Well, going... now, you've seen the time of my brother
and Capitan Elias there, I'd like to mention that on the HUD issue, eight
hundred and fifty thousand dollars ($850,000). Well, that's very good too,
but we are not the County. The County got more resources. And the County and
the federal government, that's the problem of the HUD. That's not our
problem, the City problems. When you know that HUD has been a bottomless pit
for years, and years, and years, they have been sinking money. I asked, I
even sent a fax to them to tell me the salaries on the top level management.
I'm still waiting for that - still waiting for that - no respond.
Mayor Suarez: I thought you argued last time in favor of this?
Mr. Cruz: No.
Mayor Suarez: No?
Mr. Cruz: I never was in favor of that. I am in favor of affordable housing,
not... I mean affordable housing.
Mayor Suarez: I thought you had been in favor of this. OK.
Mr. Cruz: Right. But I see that the County say... have all the wonderful
ideas on that. They can use a lot of money in the County. The County gets
the water and sewers too, that the City of Miami gave... I think last year,
they got... that's public record, four hundred and some million retained
earnings from water and sewer. The people - everybody paid for that. They
can top some of that money, you know, four hundred and -some million dollars
retained earnings. That's a tot of money there. And they have to come to the
City...
Mayor Suarez: Let me ask just the City Manager, to please get a report to
this Commission on what exact retained earnings there may be in the hand of
the Water and Sewer Authority, and for what purpose they are being retained -
just so we know. It's interesting, anytime you get a figure like this to
investigate exactly what...
Mr. Cruz: It's there, because I know where they are, right there, twenty
something Le Jeune Road, 33146. You can go there.
Commissioner Alonso: Or the port.
115 May 9, 1991
Mayor Suarez: I would love to get the same figures also for the airport and
the Port of Miami.
Mr. Cruz: The port, the Port of Miami.
Commissioner Alonso: And the port, now that we are on it.
Mayor Suarez: Three major enterprises that are all making substantial amounts
of money, and that are treated sometimes like a private business instead of a
public.
Mr. Cruz: And nobody knows who the board is. Nobody knows who they are.
Commissioner Alonso: And just to remember that the three places already
mentioned, were ours.
Mr. Cruz: Right - produce a lot of money, and we don't get anything. And
they've got the...
Commissioner Alonso: And we gave them away.
Mr. Cruz: To come here.
Mayor Suarez: Well, the case of the airport and the...
Mr. Cruz: The port.
Mayor Suarez: ... port, both, I think, just to contradict what you are
saying, not to contradict it, but I mean to clarify it, I think the boards are
the board of County Commissioners in both cases.
Mr. Cruz: Right. But I know that the water and sewers you can go there
publicly.
Mayor Suarez: And I think in that case... well I know in that the case, it's
a board of County Commissioners, because they took back from a semi-
independent authority. So it's now all... the three of them, I believe all
three are the Board of County Commissioners.
Mr. Cruz: Now, going back to HUD, I see here - they have a problem, I just
read in the papers too, that the HUD got a problem with a suit, a federal
suit, coming equal employment opportunity and sexual harassment. Sexual
against somebody... Hector Gutierrez, that is going to cost them a lot of
money. Maybe they are going to use some of the money that the City is going
to give them to pay off that man. That's costing them a lot of money already.
I say, it's public record.
Mayor Suarez: They better not. Because I think that's part of the motion, is
that we are going to retain supervisory...
Mr. Cruz: Well, it's a lot of money coming. And now, just to touch again the
Jackson, I see that they are giving money to... three hundred thousand dollars
to Jackson. I gave you a copy.
Mayor Suarez: The Trauma Center.
Commissioner Alonso: Trauma Center.
Mr. Cruz: Trauma Center. Well, but that's Jackson. It's the Public Health
Trust. I gave you a report of who...
Mayor Suarez: No, no, Mariano. We have a particular concern about the fact
that fifty percent of all the people that go to Jackson are City of Miami
residents. They fact that they are being made to wait after an emergency -
seven, eight, ten hours, and even though it's not our jurisdiction, the City
of Miami feels that it ought to do something, you know.
Mr. Cruz: But still, there is a lot of waste.
Mayor Suarez: But it's the Trauma Center.
116 May 9, 1991
Mr. Cruz: Right.
Mayor Suarez: It's not the general...
Mr. Cruz: But still, a lot of waste there when you see there, when you see
here.... see, I am not...
Commissioner Alonso: And not only that, all of us if we have an accident, we
end there.
Mayor Suarez: Yes, anyone of us could be there.
Mr. Cruz: Not me.
Commissioner Alonso: We all have to go there. It's the only one.
Mr. Cruz: I was there already, and I paid. Because workmen's compensation
paid every penny, whatever they spent there. I didn't go there for free. So,
I mean, I paid. I went to Jackson.
Mayor Suarez: Yes. You paid, and we all paid too, because you work for the
federal government.
Mr. Cruz: Right, we all pay,
right.
Now I see here...
I am
not going to
talk about
affirmative action,
that's
only one Hispanic
male. I
am not going
to say
anything about that.
But I am
going to say that
got like
a Stephen
Nathan,
a position that was created
- chief executive
office, a
hundred and
thirty
thousand dollars, plus
perks,
secretaries, and...
that's
about three
hundred
thousand dollars right
there -
in that position
alone.
Mayor Suarez: In what position?
Mr. Cruz: Chief... it says... down from he got the personnel public
, he created. He created that position.
Mayor Suarez: Oh, I am the first to agree that the salary scales in the
County generally, and in the Public Health Trust...
Mr. Cruz: And this... nothing of this goes for medical care. It's not going
for nurses.
Mayor Suarez: OK. But this... our three hundred thousand dollars ($300,000)
are going to the trauma center, and they are for physical, I believe physical
plan.
Vice Mayor Plummer: It is. Bricks and mortar.
Mr. Cruz: They all go to the same pool there. It's County money.
Mayor Suarez: If they go to salaries, we'd take it back - I guarantee you,
because I don't agree with that salary scale over there.
Mr. Cruz: That will be three hundred thousand dollars they don't have to
spend on salaries, they get it from the same other pool.
Mayor Suarez: Oh, they just won't build an additional expansion to the Trauma
Center.
Vice Mayor Plummer: No, ours is bricks and mortar.
Commissioner Alonso: Yes.
Mr. Cruz: But still, I say that at the time that the City... going back to
the neighborhood, we spend umpteen hours discussing this in the neighborhood,
the priority. And then I come here, Allapattah priorities, that the physical
thing, even we put Comstock as a priority in the budget here in the park,
right? And then, it state, big title here, Frank Fernandez, Senior Safety and
Health Program Development Analyst, Bureau of Consultation, and informing
division of safety. He goes there to the park and tell that the City had to
fix something at the park, or the pavilion, because it's unsafe, or whatever.
Now, Proposition Three, tells you that if the State want the cities to do
something, they have to provide some monies for that. And you go to the State
117 May 9, 1991
and they don't give any money to the parks. And they come and tell... have
the guts to say go over there and tell us that we have to fix the park. Give
us the money. And then you come here and say, priority...
Ms. Annie Love: Equal time, Mr. Mayor.
Mayor Suarez: Wait, wait, wait.
Ms. Love: We respectfully request equal time, Mr. Mayor.
Mr. Cruz: Oh, I'm taking the time of two more people. They passed, and I am
using their time.
Mayor Suarez: I'm sorry, I haven't seen the red light come on.
Mr. Cruz: No, no, no. You remember I've got the time of my brother and
Capitan Elias.
Mayor Suarez: I know. Don't start arguing about procedure. I'm keeping a
pretty good eye on it.
Mr. Cruz: Right.
Mayor Suarez: He had the two minutes left from Mr. Cruz, his relative...
Mr. Cruz: My brother - my body guard there.
Mayor Suarez: Right. OK. And presumably, he is just about using that up
Madam City Clerk.
Mr. Cruz: Right.
Mayor Suarez: Otherwise, maybe, you didn't...
Mr. Cruz: And Capitan Elias too is there with me.
Mayor Suarez: ... keep track of the time. Yes.
Mr. Cruz: Look Mayor, we were enemies at the time of the revolution, now we
are friends together now, see.
Mayor Suarez: There you go.
Mr. Cruz: Well, look at that.
Mayor Suarez: Please don't get into the revolution now.
Mr. Cruz: Well, you know... no, we do the revolution here - this way, we come
here, right? That's the way.
Vice Mayor Plummer: It's called, double trouble.
Mayor Suarez: That's the way we do it here. Yes.
Mr. Cruz: That's the way... "good old boy" system. That's the way we were
doing. We're playing the game. Right. Now remember, now here, you've got
the street improvement in Allapattah, nothing was allocated. Recreation
building Comstock Park, and you know that building Comstock serve most...
ninety percent of the children that is served there, come form the projects of
HUD. HUD put them in the project, warehouse them.
Mayor Suarez: Yes, we all support all of these things. We all think that
they are fine, worthy objectives, and programs. The question is, which ones
do we prioritize.
Mr. Cruz: But don't take the money away from the neighborhoods, because
you've got to fund HUD, and you've got to fund Miami -Dade which is State,
County, and federal.
Mayor Suarez: I understand your argument. We understand your argument. Just
complete it.
118
May 9, 1991
Mr. Cruz: We are not in that business. And anyway, now, going down to the
bottom line, when the time of politics came, then you will have to tell HUD,
and Eduardo Padron, those bodies, to do your leg work in the neighborhood,
because I won't be doing it - for sure.
Mayor Suarez: All right. Please, please, please, Ms. Richter. Al right,
are you finished?
Mr. Cruz: Well, I can go on an on, but the main idea is that...
Mayor Suarez: I have a feeling we are going to hear form you later on the
day, but...
Mr. Cruz: The main idea is, remember that you are there to represent the
neighborhoods.
Mayor Suarez: Yes.
Mr. Cruz: We pay... at the most, we pay federal taxes, and Community
Development is federal taxes. Make sure that those monies goes back to the
neighborhood. But, you took away already one part that was paying with
federal money. Why you spent so much money in downtown in the two and two
northeast where you should... you know, how it was being used, and you took a
basketball court in our neighborhood, was paying with federal monies too. And
at the time, I remember, it was nothing why so Mr. told me about
the playground for the children, blah, blah, blah. And I said, look at that,
there was a playground, there was a basketball thing, and they took it away.
Mayor Suarez: Mariano, I have to tell you. The first time I went to
Allapattah and argued for more parks, people said, we've got enough parks,
please give us something to do in the parks. So, anyhow, in this particular
case, you're referring to a totally different item which is not the one before
us, which is a... the placement of a child care facility.
Mr. Cruz: Well, you know, this is the only soapbox that we've got anyway.
Mayor Suarez: I know. And you use it very effectively.
Mr. Cruz: I know. Well, I've got to say it. Off the record anyway.
Mayor Suarez: All right. Thank you.
Mr. Cruz: Thank you.
Mayor Suarez: I've got Annie Love.
Ms. Love: Mr. Mayor and Commissioners, I am going to let our Vice Chair of
OTAG. Her name is there first, and then I'll speak.
Mayor Suarez: All right.
Ms. Juanita Horton: Mr. Mayor, and fellow Commissioners, we are appearing
here today...
Mayor Suarez: Give us your name for the record, please Juanita.
Ms. Horton: Juanita Horton, 7440 NW 19th Avenue.
Mayor Suarez: All right.
Ms. Horton: I don't live in the City, but as vice chair, I speak for the
residents of housing. And I am here this afternoon because we are asking you
all to vote and give us the money that we need. We are not asking for
something that we don't need, we need the funds. We realize that other
programs need funds also, but living conditions should be improved. And to
Commissioner Dawkins, I am sorry, we are not trying to intimidate you, and we
are not doing anything that anybody came to town and told us to do. I am
sorry when you said that Mr. Phillips had no idea that we had signs of what we
were doing. OK? Wait a minute Mr. Dawkins, and I'm going to let to speak
darling. But, look at us, we are...
Mayor Suarez: Well, you don't decide that.
g 119
g
May 9, 1991
Ms. Horton: Wait a minute, we are grown people.
Mayor Suarez: Right, go ahead and finish your statement, the Commissioner is
going to answer.
Ms. Horton: And I think we can do some things on our own. Nobody has to tell
me how to walk, nor talk, because I know how to talk and walk. I know what I
want to say when I come down here, and I came with the expressed purpose of
asking you all to give us the funds, and I think that's what everybody else
came for. And we've listened about everybody talking about what housing don't
need, but we are residents, we have residence in the City, and I think we are
entitled to something. And we are entitled to be treated with dignity, I
don't care... you don't have to get up and try to put down all the other
programs that need money. We can't help where we live at, but you can't lump
us all in the same basket, because we are not all ignorant. You don't know
why we live in low income housing. So... and don't you think that because
you're living in a house today, that when you... before you leave here, you
might be looking for a place in public housing also. So, don't put your nose
up in the air, because it might have to come down.
Mayor Suarez: OK. Would you please...
Ms. Horton: And it's worse to live someplace and to be climbing a ladder, and
by the time you get in your senior years, you're in low income housing. So,
please don't do that. Don't make that kind of judgement you're trying to make
and pass.
Commissioner Dawkins: Mr. Mayor.
Ms. Horton: Yes, Mr. Dawkins.
Mayor Suarez: All right. Commissioner Dawkins.
Commissioner Dawkins: Let the record reflect please, that at no time during
Commissioner Dawkins' speech, did Commissioner Dawkins call anybody's name.
Anybody's name who was injected into this was done by the speakers who spoke.
Now, I want it clear in the records that I don't want anybody to go out here
and say that I called anybody's name.
Ms. Horton: You didn't today, but you called it enough, the other day.
Commissioner Dawkins: All right then, all right...
Ms. Horton: And you said enough for us to know who you're talking about.
Mayor Suarez: Wait, wait, wait. We are not going to get into a back and
forth.
Commissioner Dawkins: Let the record reflect.
Ms. Horton: I'm not going to get in no debate with you.
Mayor Suarez: Please.
Commissioner Dawkins: I just want the records to reflect...
Ms. Horton: But only one thing I want to say, that we hope that...
Mayor Suarez: Please.
Commissioner Dawkins: See, so that when it is reported, that it is reported
correctly. That's all I ask, please.
Mayor Suarez: All right, very good. OK. So, we got the clarification, and
we've got the basic argument.
Vice Mayor Plummer: May I ask a question?
Ms. Horton: All right. So, we hope that you all will see a way to fund us.
Vice Mayor Plummer: Let me ask a question...
120 May 9, 1991
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a#
s�
Ms. Horton: You know, and we are trying to be as polite about it as it is,
but we just resent the attitude that these people have toward low income
housing residents.
Mayor Suarez: OK, ma'am. Thank you for your statement.
Vice Mayor Plummer: Of the speaker.
Mayor Suarez: Vice Mayor Plummer.
Vice Mayor Plummer: At anytime, did you ever go and make this same plea to
the County Commission?
Ms. Horton: Yes, we have, sir.
Vice Mayor Plummer: And what deaf ears did you fall on?
Mayor Suarez: No. On the CDBG, they've made substantial contributions to
public housing.
Vice Mayor Plummer: Mr. Mayor, I am trying to make a point, because I watched
very carefully on cable...
Mayor Suarez: OK. Maybe, I missed something.
Vice Mayor Plummer: ... OK? - When Metropolitan Dade County addressed this
issue, and I want to tell you, from their community development grant funds,
and Mr. Phillips was there, and I'll tell you for the record, I think he is
one of the finest choices they could make, and I have no problem with Mr.
Phillips, OK? Of all the applications that went before them as applications
come before us, none of them were denied - none of them. Now, what I am
saying to you - you, not you, but overall, you the people of the housing - are
asking this Commission, in effect, to cut programs which we have to do, to
provide the money for HUD. I did not hear the County cut one program from
their funding - none.
Ms. Horton: Yes, sir.
Vice Mayor Plummer: What?
Ms. Horton: Yes, sir.
Vice Mayor Plummer: If it hadn't have been for Arthur Teele, the first one
they were going to cut was the DDA (Downtown Development Authority) OK?
Ms. Horton: I'm sorry.
Vice Mayor Plummer: That was the first one that was mentioned that they were
going to cut. The DDA.
Ms. Love: When I am allowed to speak, I'll tell you what was cut.
Vice Mayor Plummer: OK.
Ms. Horton: Wait a minute.
Vice Mayor Plummer: All I am saying to you, is just simply this. The County
has the money. The reason that you are here is because the County did not
adequately fund HUD as needed to be. We understand that. We understand that
fully. But what irritated me was, is that they fulfilled all of their
commitments to their programs, and did not cut them. And in my estimation,
here we are being asked to cut programs of food programs, of neighborhood
programs, to fund this program. That's where I have felt, and felt before,
that there was an unfair equalization of the distribution of the dollars. So,
that's all I have to say.
Mayor Suarez: OK.
Ms. Horton: Mr. Vice Mayor, may I ask a question please?
121 May 9, 1991
Mayor Suarez: Or you can yield, and then we can get on with the discussion,
because we've heard your arguments before.
Ms. Horton: Well, he brought it up, sir, and I mean, I'm just... I want...
OK.
Mayor Suarez: But either way, just to move on the debate, because we are not
going to change our minds, I don't think, from last time.
Ms. Horton: I would like to know, when you apply for funds from federal HUD,
you do not use the count of the residents in the City to get those funds?
Vice Mayor Plummer: Of course, we do.
Mayor Suarez: Yes, absolutely.
Ms. Horton: Well, do you count low income housing residents? Are they
counted in the funds?
Vice Mayor Plummer: We count hopefully, all people.
Ms. Horton: Well, OK. If you count all, why can't all share in the monies
that you receive?
Vice Mayor Plummer: There is no question that you do as the same...
Ms. Horton: I mean, if we are wrong for coming to you.
Vice Mayor Plummer: No, let me answer you.
Ms. Horton: No. If we are wrong for coming to you, if we are not counted for
coming to you...
Vice Mayor Plummer: You are counted.
Ms. Horton: ... I would like for you to justify it to me. You used head
counts to get the monies, but then you don't want us to have any of the money.
Vice Mayor Plummer: It's not what I said. I said to you, and I will say
again. You, in the housing, are receiving the same municipal services that
are provided to the homeowners. You're getting police protection - you might
argue whether it's enough - you're getting fire protection, you're getting the
sanitation, all of that, in those same numbers that are used to get these
grants. We are not denying you those - not at all.
Mayor Suarez: All right, the argument on the use of the population has been
made before, and it's a valid argument.
Vice Mayor Plummer: Sure, it is a valid argument.
Vice Mayor Plummer: Why don't you make yours, and then we go back over to
Pat.
Ms. Love: Mr. Mayor, and the rest of the Commissioners, my name is Miss Annie
L. Love, and I live at 2206 NW 72nd Street. I have been a resident of Dade
County housing development for well over twenty years. I have paid as little
as sixteen dollars a month, and as high as five hundred and sixty-three
dollars a month rent that I am now paying. And I am not here in taxpayers
uniform, floating around, I am taking annual time off in behalf of the
residents that I represent. Understand? I am a taxpayer, and I've been for
many years. And the residents that I am here representing are good law
abiding citizens you will find anywhere here in the State of Florida. And I
don't have to stand here and name you some names. And I resent anybody here
saying, that we don't deserve monies that we are coming down here to ask. No,
I do not live in the City of Miami. I was born in the City of Miami, Vice
Mayor Plummer. I was raised in the City of Miami. I do have family, friends,
and I may have some enemies that still live in the City of Miami. But I am
here because my sister, and my brother neighbors, in the City part of Miami,
needs more monies. I don't care what have gone on before, in part. We are
not asking you all for something that we don't rightly deserve. We are asking
you all for something that you all should have already given us. But, and
since we have to come down here and ask you... we were here before, we're here
122 May 9, 1991
now, and we may have to come again. And let me tell you something. Yes,
there were cut from Dade County. The residents from special programs in the
James E. Scott housing development, where I proudly live and serve, they are
losing their job May 31st 1991. They are homeowners that have lived there...
I see the light flashing, but since some sisters neighbors had their time, I
am sure Mr. Mayor, you will allow me a couple of minutes. Thank you, sir.
Those residents... when that program started in 1990, the program, the
proposal was written in, 2200 NW 72nd Street, right next door where I was
transferred at during the riot. The late Ms. Helen Sawyer wrote those
programs, and residents that live in that housing development was able to get
jobs and try to do something to enhance our, and motivate ourselves that this
wasn't the way to do. Out of that, some of those residents were able to buy
homes... Miller Dawkins, and you all can check the records, and they are
living outside of HUD. Some of them are now still living there. Yes, they
didn't get funded, that's why they are not being... they are not going to be
funded after May 31st.
Mayor Suarez: Annie.
Ms. Love: Now, you need to check that record. All we respectfully ask you...
Mayor Suarez: Very good.
Ms. Love: ... to do your part in the City of Miami, and please fund the
program.
Mayor Suarez: OK.
Ms. Love: We as residents are going to monitor. We are going to sit down and
we are going to plan with Mr. Phillips and are going to monitor how these
funds are going to be spent. And it's one thing that I know, that I am going
to keep up with the money.
Mayor Suarez: Yes, that part is very important. And we have a saying around
here you know, when momentum is on your side, don't push it, OK? So you're
going...
Ms. Love: I'm not going to blow it, but I just wanted to say that...
Mayor Suarez: That's another way of saying it, OK.
Ms. Love: All right. That there are some people that are still going to lose
jobs from the County that they did not fund. Thank you.
Mayor Suarez: OK. Annie, thank you. Ms. Keller.
Ms. Pat Keller: I am Pat Keller, president of the Allapattah Community
Association, and Mr. Cruz and I and others have been in conference. We demand
_ that our CD monies and other monies be used to put back our park. We demand
that our hundred foot high oaks with a canopy that spread over a hundred and
fifty feet, be brought back. That our basketball court, our tot lot and our
open space that... and incidentally, it was all given away without putting the
property up for bid. Since when can City properties be given away for a buck
a year, and not put it up for bid? In the interim, Mr. Cruz and I are in
agreement, and the Allapattah Community Association, while our park is being
reconstructed with CD monies, we demand the use of the City owned lot on 14th
Avenue between 14th Terrace and 14th Street. This was deeded by Dade County -
if the Public Works Department is here - when Dade County enlarged 14th
Avenue. We want that used by the kids, and the City of Miami to put back the
children's basketball hoops. Do you know that this brilliant developer even
took down, and bashed down the basketball courts that the children had
supplied because the City of Miami wouldn't replace those basketball hoops.
We want those hoops back. I want to be able to face those children for what
they went through. We examined the proposed building plans... would you pass
these out Mariano? Mariano and I are in agreement... I want them back because
S!
they cost too much money. We examined the proposed building plans for our
park.
Vice Mayor Plummer: You're delivering the mail.
Ms. Keller: The proposed childcare center is one huge zoning violation.
123 May 9, 1991
Vice Mayor Plummer: I got the mail delivered without a stamp on it. Thank
you.
Ms. Keller: Good. You will notice, there's a card from the Mayor's
representative in the corner...
Vice Mayor Plummer: This is the wrong item. But we said, "Hey, we would take
them both together, thirty three and thirty-four." They're really speaking to
thirty-four.
Ms. Keller: ... who just happens to be the developer of this property. Now,
the proposed childcare center is one huge zoning violation. You will see,
first of all, you will see the trees how they are lined up.
Mayor Suarez: You remarks on zoning are far afield today, Ms. Keller. Your
remarks on the card are ever more far afield, but I am not going to respond to
those.
Ms. Keller: But there, 1 am addressing Community Development, Mr. Mayor.
Mayor Suarez: Wait, wait, wait, ma'am. Your two minutes are completed. Now,
to the extent, Mr. Bailey, Mr. City Attorney, that there are any zoning
violations, we certainly want to be attentive to those, whether the individual
who is building this is our friend, or our enemy, and I am sure you will take
notice of any allegations to that effect. We are not here on a zoning
hearing.
Ms. Keller: We are here on CD.
Mayor Suarez: Right.
Ms. Keller: All right. I'll get to my point on CD. We demand...
Mayor Suarez: You'll get to it right now, and finish very quickly, Ms.
Keller.
Ms. Keller: Yes. I'll happy to, Mr. Mayor.
Commissioner Alonso: Just one comment, Mr. Mayor, just to clarify the record.
I was not a City Commissioner at the time, but I am certain that the City
followed all the steps, public hearing, in order to give the park to these
individuals. Yes, it was done.
Mr. Bailey: Yes, it was done.
Mayor Suarez: It's a revocable use permit, I believe.
Ms. Keller: Ms. Alonso, I think we should understand this. The owners,
absentee owners, were notified. The youngsters were never notified. The
renters were never notified. Mr. Mariano Cruz, who was our representative,
was never notified. The Allapattah Community Association, which is located a
block and -a -half from it, was never notified. So, we are not going to have
that later on our shoulders. That was our beautiful park given to us by CD
monies. We designed that park. Now, I want to get to my final point...
Mayor Suarez: Yes.
Ms. Keller: ... and that is, that we demand our park back. We will settle
for nothing less than our park back. The law calls for that park to be put
back in the way it was, and in the interim, we want our basketball hoops back
so that we can go home and face these children, that wonder, what kind of
madmen were down here in this City Hall, that allowed those trees to be rained
on our head, as they threatened our lives, without a permit.
Mayor Suarez: Very good. All right, Ms. Marcus.
Ms. Bessie Marcus: I'm going to make mine very short and sweet. I back up
Pat to the fullest extent. My name is Bessie Marcus. I live at 1452 NW 15th
Avenue, and I feel, since the Commission was instrumental in killing the park,
they should try to restore it with CD funds. We need it. We've really
showered you with letters and calls and petitions, so I won't go in to the
real needs of our neighborhood for that park. So, I back up everything Pat
says.
124 May 9, 1991
AIR* s
Mayor Suarez: OK. Thank you for your remarks Ms. Marcus, and thank you for
being brief. We have Sharon Williams.
Ms. Ileana Tomaselli: I would like to make a few comments. I am an owner of
a daycare, a block and -a -half.
Mayor Suarez: Your name is, what, ma'am?
Ms. Tomaselli: Ileana Tomaselli, at 1515 NW 14th Street. We take care...
Ms. Sharon Williams: I am Sharon Williams.
Mayor Suarez: All right. If you haven't filled out one of these cards, but
make your remarks very quickly ma'am, in two minutes under the Code.
Ms. Tomaselli: We are a block and -a -half away from the park that our kids use
for the summer. We provide subsidized care for children of the government
which is the purpose of this new daycare. There is one daycare of the
government that is closed a block from there. And there is another one that's
also closed west of there a block and -a -half. I'm licensed for a hundred and
seventeen kids, and we have vacancies for twenty-five children. I don't know
what is the need of this daycare for.
Mayor Suarez: I am sure you're not going to propose to us that there are
enough subsidized childcare centers in Allapattah to take care of the need.
And if you are, that will be a novel proposition for this Commission to hear.
Ms. Tomaselli: That's not what I am saying, sir.
Mayor Suarez: Well.
Ms. Tomaselli: I am saying that within the area, there are two facilities
that are closed, of childcare facility already licensed, that met the
requirements.
Mayor Suarez: Just for the record, what is the cost of yours per... would
it...?
Ms. Tomaselli: It cost over half a million dollars, and about fourteen
years...
Mayor Suarez: All right. No, but I mean, if somebody wants to send a child
to your facility, what do they pay? - if they pay...
Ms. Tomaselli: Through subsidized care, we get the maximum rate which is
sixty-five for an infant, and fifty-two fifty for any child over two.
Mayor Suarez: What does the individual have to pay who goes there, and...?
Ms. Tomaselli: Seventy dollars private, and eighty for an infant.
Mayor Suarez: Per what?
Ms. Tomaselli: Per week.
Mayor Suarez: Per week. All right, a lot of people can't afford that. All
right. Thank you.
Ms. Tomaselli: Ninety-eight of our children are subsidized. Only twenty-
seven are private.
Vice Mayor Plummer: Well, but you know, I...
Mayor Suarez: Very good. Their subsidies don't cover all the kids that want
them. Yes.
Vice Mayor Plummer: I think she is trying to tell us something...
Ms. Tomaselli: Exactly.
125
May 9, 1991
Vice Mayor Plummer: ... that was not told to us before, if true, Frank. I am
assuming that you are speaking to that which was approved by this Commission
on City property to put up a daycare. Is that correct?
Commissioner Alonso: Yes.
Vice Mayor Plummer: OK. And she is telling us, within the immediate area,
there two facilities which have been closed. Am I to assume the reason they
were closed was because of not enough clients?
Ms. Tomaselli: I am not saying that. One of them belonged to the City. I
don't know if it was mismanagement, or lack of funds, or the programs were
cut. I am not aware of the reason, so I cannot comment.
Vice Mayor Plummer: Which one of them belong to the City?
Ms. Keller: It belongs to Dade County.
Ms. Tomaselli: It's one on NW 17th Street.
Mayor Suarez: Please, Ms. Keller. You may approach the mike and be
recognized.
Vice Mayor Plummer: Well, I guess the question has to be asked Mr. Mayor, if
there is a need, and there are two of them that's closed, and one of them
could have been reopened up, why are we going to go and take away a City park,
to put another one, when there are two closed in the immediate area?
Mr. Tomaselli: I just want to...
Vice Mayor Plummer: Whoa, whoa, whoa, please. I think that's a legitimate
question to be answered, Mr. Bailey. Now, I don't know that you can answer it
today, but why didn't this applicant choose one of those two that are already
there, closed and licensed, instead of coming and opening up another one? I
don't understand that.
Mr. Cruz: Can I answer?
Vice Mayor Plummer: Excuse me. Ma'am, I am assuming what you're telling me
is correct, but I also would like the administration...
Ms. Tomaselli: Sir, with all due respect...
Mayor Suarez: We have discussed this at length. We have discussed this at
length.
Vice Mayor Plummer: You know about the two that are closed? - I didn't.
Mayor Suarez: We heard they even have pictures of them. Yes.
Commissioner Alonso: We11, sometime ago Pat mentioned the - one of the ones
that was closed and then we inquired...
Mr. Tomaselli: With all due respect.
Commissioner Alonso: ... is it available, the building, and I guess it was
not...
Mayor Suarez: It's privately owned. They are all privately owned buildings.
Commissioner Alonso: ... and it was privately owned, and it was... at least
one she mentioned some time ago.
Mr. Tomaselli: One was leased, or run by the City, with all due respect
Commissioner Plummer.
Mayor Suarez: Ma'am, you are out of order. Commissioner is speaking, please.
You're not even on the agenda. You didn't even fill out one of these forms.
Anything further, any questions of this particular...?
Vice Mayor Plummer: I would just like an answer Mr. Bailey, if that's...
126 May 9, 1991
is 0
Ms. Tomaselli: You're never going to get an answer, because we are being shut
up.
Mayor Suarez: Ma'am.
Ms. Tomaselli: Forgive me.
Mayor Suarez: You are out of order.
Vice Mayor Plummer: I'll get an answer.
Mr. Bailey: We'll check into it.
Vice Mayor Plummer: Please.
Ms. Keller: Why is the Mayor's representative...?
Mayor Suarez: Vice Mayor Plummer has the floor, madam. Ms. Keller and
Mariano and all of you, when you are recognized, you will speak. Please, Mr.
Vice Mayor.
Vice Mayor Plummer: I relinquish the floor. All I want is just an answer to
that question. I think it's legitimate to ask.
Mayor Suarez: All right, Sharon Williams. I'm sorry, do you want to try to
get it now, or are they going...?
Vice Mayor Plummer: No, no, no, they can give it to me later.
Mayor Suarez: All right. Sharon Williams.
Vice Mayor Plummer: Because the action has already been taken.
Ms. Sharon Williams: I am Sharon Williams, I am representing the Episcopal
Community Development Loan Fund. Donald Benjamin and Bishop Schofield have
been before this Commission several times to request funding for this
organization. In one of our last letters that we received from Frank
Castaneda, it said that, in accordance with Commission action at the April
meeting, that we needs to provide the City of Miami with a letter of guarantee
that one hundred thousand dollars ($100,000) will be provided by the
archdiocese. That the archdiocese needed to establish nondenominational
corporation, and the ECDLF guidelines had to meet all federal requirements.
We complied with every one of these requirements, and...
Mayor Suarez: Excuse me for a second Sharon. OK, quiet in the chambers,
please. We are almost finished this part of the deliberations. Thank you.
Please, go ahead.
Ms. Williams: We complied with every one of these requirements, and we were
told that once we complied with these requirements, that funds would be
disbursed. At lease, that's what this letter says. And to date - I mean it's
been over a year now - We still don't have any money, and there has been
several meetings with Frank Castaneda, meetings lately with the City Manager,
and we would like to bring closure to this issue right today.
Mayor Suarez: What's the latest on that? Or did we already make a
determination that the program was too similar to Miami Capital?
Mr. Castaneda: That's correct, Commissioner.
Mayor Suarez: OK. I guess we found that your proposed lending system was
very similar to a existing City agency, which did not require any further
administrative expenses, and that you were going to spend some of it, I think,
for administrative expenses, I believe. I think that determination has
already been made, but we note all your remarks for the record.
Ms. Williams: Thank you.
Mayor Suarez: Thank you, Sharon. OK. Mr. Cortada. Xavier Cortada, there he
is.
127 May 9, 1991
Mr. Xavier Cortada: I am Xavier Cortada from Regis House, 2010 NW 7th Street.
Commissioners, what a heart -wrenching deliberation we have here, and I just
have one thing to say. 1 have another thing to add. It's another heart -
wrenching anecdote.
Mayor Suarez: How are you doing in your Law Enforcement Trust Fund
application to which Commissioner Alonso referred to earlier in the day?
Mr. Cortada: I thank her for alluding to it, and that's exactly what I come
to talk about. The window is closing on Regis [louse with the enactment, I
guess, of this resolution. Because, once this resolution is enacted, Regis
House is barred from looking at CDBG funds for the psychologist to take care
of our outpatient kids.
Mayor Suarez: How is your application with the Law Enforcement Trust Fund
goi ng?
Mr. Cortada: And Mayor, the Law Enforcement Trust Fund application still
hasn't responded to us. Apparently, they are still working on that.
Vice Mayor Plummer: No, no, no. I got a memo this afternoon on it.
Mr. Cortada: Ohl Good. What's...? Let me know.
Commissioner Alonso: What did they say?
Vice Mayor Plummer: I didn't read it, but I saw it. If my secretary would
please bring it in, there is a memo on my desk.
Mayor Suarez: Yes. I could have sworn I saw one too.
Vice Mayor Plummer: Yes. From Police Department on the Regis House. If they
will bring it in, I'll let you read it.
Mr. Cortada: Well, that is heartening.
Mayor Suarez: Yes, it's heartening. Because I think it's not closing that
door.
Vice Mayor Plummer: Why don't you let the other speakers go first, and then
you could look at this.
Mr. Cortada: OK. I'll come back.
Mayor Suarez: OK? Why don't you take a look at that, Xavier.
Mr. Cortada: Thank you.
Mayor Suarez: Gloria Rosello, and Nilsa Velazquez, and that will complete the
hearing. We'll vote.
Ms. Gloria Rosello: Mayor, and members of the City Commissioner, I am here
representing the CBDG board. The chairperson is not present today. However,
the last time we were here, we spoke amongst ourselves, and Vice Mayor Plummer
even said, you know, I don't know what you people are doing in that board. We
felt very, very depressing after we came out of here, and we heard that none
of the projects that we did recommend, most of them, ninety percent of them,
were not approved by you, and each of you have two...
Mayor Suarez: You're talking, on the economic development side, not the
social services side.
Commissioner Alonso: Social services? - almost all.
Mayor Suarez: I think almost all were approved by us. In fact, almost your
entire package was approved. And even on the economic development, we...
Commissioner Alonso: I will be very disturbed to see that.
Mayor Suarez: Well, I thought we tried to follow pretty closely...
Ms. Rosello: You could look at your records.
128 May 9, 1991
. 0 0
Mayor Suarez: ... the Community Development Advisory Board's recommendation.
Who is the chairperson, by the way?
Ms. Rosello: Frankie Rolle.
Mayor Suarez: OK.
Ms. Rosello: We talked, you know, she was here last time with us - you saw
her. And we spent a lot of time, believe me, and at home, reading every
single program of those programs, trying to do the best for the City of Miami.
Some of us are appointed by you. I am, you know, elected from the area. And
I mean, we try to do the work the best we can, and then when we come here, we
hear, no, it has to be done this way, or the other way, or this other way. We
will like for you to please look at this once more, look at the necessity that
we have within the City of Miami. I mean, I know that we have to share and
share alike, but what all the other cities have done to put money in the pot?
And yet, everybody that comes from different towns find out - I go to the City
of Miami, and I solve the problem. And I am very glad the Commissioner who
was here this morning, and that other Commissioners have come here and
cooperating with you...
Mayor Suarez: Seems like a whole new era.
Commissioner Alonso: That's right.
Mayor Suarez: At least, as to some Commissioners.
Ms. Rosello: ... but until now, you go over there and they tell you, "Do you
belong to the County, or do you live in the City of Miami"? If you live in
the City of Miami, go to the City of Miami.
Mayor Suarez: Yes, we are in both, and we deserve help from both. OK.
Nilsa - closes the hearing.
Ms. Nilsa Velazquez: My name is Nilsa Velazquez, and I am here representing
Holy Cross Daycare Center, and the House of Senior Center. And I would like
to express to you our frustrations on these appointments. Throughout the
years, we have been getting funds - I mean getting cuts - six per cent, four
percent, five percent, and finally, we see an increase, ten percent. We keep
our hopes very high that we are going to get that percent increase in our
programs. By the contrary, what we get for Holy Cross, which is our childcare
center, is two-thirds cut. And for the elderly center, the same amount. No
increase at all.
Mayor Suarez: Well the childcare is partly resolved from State funds that are
expected, and I think we've got a contingency plant set up for that.
Ms. Velazquez: That's what I would like to bring up again. And I brought
some information...
Mayor Suarez: Why do you want to bring it up again? We've heard the
argument. I think we have provided a full contingency plan to reinstate your
funding if there is any problem, have we not?
Mr. Castaneda: Yes, Commissioner.
Ms. Velazquez: Are you going to help us get those funds?
Mayor Suarez: Are we going to help you? Of course, we are going to help you.
Ms. Velazquez: How? - I would like to know.
Mayor Suarez: We're going to go and battle for you. We are going to go and
do everything except threaten the legislators, and whoever else is making the
decisions on the allocations.
Mr. Castaneda: That is true.
Ms. Velazquez: OK. So we could rest assured that our programs will continue
for the year?
129 May 9, 1991
Mayor Suarez: Yes, absolutely.
Ms. Velazquez: Now, regarding the elderly, we are also getting ten meals cut
every... next year, next fiscal year.
Mayor Suarez: That's a tougher one, because we have no simple solution. But
you can see a lot of the elderly who are here also, supporting another one of
the allocations. I mean, it just gets to the point that it's, you know, a
tough trade off.
Ms. Velazquez: But I would need to be clarified or something. Why do we have
a ten percent increase? We don't get any percent in our programs, and what we
get is cut in the childcare.
Mr. Castaneda: Nilsa, I am sorry, we are recommending an increase in your
Wynwood program of... to a hundred and ninety-four thousand three ninety-five.
Ms. Velazquez: Where is that?
Mr. Castaneda: That is in the recommendations that we made to the
Commissioner.
Ms. Velazquez: Thank you. We appreciate it.
Commissioner Alonso: I thought you are going to be delighted.
Ms. Velazquez: We appreciate it.
Mayor Suarez: I hoped that we could get this clarified in advance to the
hearing.
Ms. Velazquez: Anyway, OK.
Mayor Suarez: All right, Commissioner, on item thirty-three, right? Is that
the one we are on, Madam City Clerk?
Ms. Matty Hirai: I'm sorry, sir?
Mayor Suarez: The correct one that we are supposed to be voting on is thirty-
three, right?
Commissioner Dawkins: I thought he said thirty-two.
Commissioner Alonso: Thirty-two, we already did.
Mayor Suarez: I thought the... thirty-two, we basically thought we were...
Mr. Castaneda: Commissioner, thirty-three is the seven hundred thousand
dollars ($700,000) to Miami Dade.
Mayor Suarez: What item are we on? We agree on all of this.
Ms. Hirai: We are on thirty-three.
Mayor Suarez: Somebody tell us how to vote so we can get on to the next item.
Ms. Hirai: Mr. Mayor, we passed thirty-two and we are on thirty-three.
Mayor Suarez: I'm sorry?
Commissioner Alonso: We are in thirty-three.
Ms. Hirai: We are on thirty-three, sir.
Mayor Suarez: All right. I'll entertain a motion on thirty-three as
recommended. Moved. I'll second. Vice Mayor, you got it. You want to
second? Seconded by Commissioner Alonso.
Commissioner Alonso: But I thought there was already a motion, and a second.
Mayor Suarez: I'll take back my second, and Commissioner Alonso seconds, just
to make it easier here.
130 May 9, 1991
Commissioner Alonso: Take a look.
Ms. Hirai: No.
Commissioner Alonso: No? OK. I thought we did.
Mayor Suarez: On thirty-three, OK, we have a motion and a second. Any
further discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-366
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN
AMENDMENT TO THE APPROVED FIFTEENTH 15TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FINAL
STATEMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) TO REFLECT A REALLOCATION OF FUNDS
IN THE AMOUNT OF $700,000 FROM THE $1,000,000
ALLOCATED FOR LAND ACQUISITION IN OVERTOWN FOR THE
PURCHASE OF CAMILLUS HOUSE, TO THE MIAMI DADE
COMMUNITY COLLEGE IN THE FORM OF A LAND ACQUISITION
GRANT TO ASSIST IN THE EXPANSION OF THE DOWNTOWN
WOLFSON CAMPUS.
(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.
42. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND:
COMMUNITY DEVELOPMENT BLOCK GRANT (SEVENTEENTH YEAR) - APPROPRIATE
$12,613,000 FROM DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) GRANT
AWARD AND $1,400,000 FROM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM INCOME (SEVENTEENTH YEAR), FOR TOTAL APPROPRIATION OF
$14,013,000.
Mayor Suarez: Item 34, companion item.
Mr. Castaneda: Right. Thirty-four is companion to thirty-two. We had... I
don't know why they put...
Mayor Suarez: Or to whatever.
Mr. Castaneda: Right.
Mayor Suarez: All right, on thirty-four, I'll entertain a motion. Moved by
Commissioner De Yurre.
Vice Mayor Plummer: Question.
Mayor Suarez: I deem Commissioner Alonso's movement of her hand to constitute
a second.
131
May 9, 1991
Commissioner Alonso: No, I am just looking at my papers.
Mayor Suarez: Then that particular quote to be a second.
Commissioner Alonso: No, he is asking a question.
Mayor Suarez: But can you second, so we have it on the floor?
Commissioner Alonso: Yes, yes.
Mayor Suarez: Thank you. Commissioner, Vice Mayor Plummer.
Vice Mayor Plummer: As I understand, the money for the HUD is not coming from
this? - is that correct?
Mr. Castaneda: Yes, sure.
Vice Mayor Plummer: It is coming from this?
Mr. Castaneda: Right, eight hundred and fifty thousand dollars.
Vice Mayor Plummer: And that is of this year's funding?
Mr. Castaneda: This coming year - coming in June 16th.
Vice Mayor Plummer: OK. So, that is not from a future year? -it is from this
year.
Mr. Jorge Fernandez: It's from a future year.
Mr. Castaneda: This coming year that starts June 16th.
Vice Mayor Plummer: All right. Then my question has to be, if anything is to
be done with the Camillus House, where will you get the money to do it?
Mr. Castaneda: I don't have any money.
Commissioner De Yurre: Next year's money.
Mr. Fernandez: Who knows?
Mayor Suarez: The next grand cycle is the only one.
Vice Mayor Plummer: OK. So, I just want to make the record clear that if, in
fact, the people of the downtown come here and want to complain about the fact
of Camillus House, that the money is gone. There is no more money. So, I
guess in the administration, you better tell all of those people who have
called our offices daily about the problem, the money has gone. It's not
there, assuming this motion is going to pass.
Mayor Suarez: All right.
Vice Mayor Plummer: The only other question that I have, Frank, is in fact,
in the federal guidelines, daycare centers considered to be social service
programs?
Mr. Castaneda: Yes, Commissioner.
Vice Mayor Plummer: Why?
Mr. Castaneda: Because it is a public service.
Vice Mayor Plummer: How is the City able to take its allocation of Community
Development funds to run its daycare centers, and keep it aside and separate?
Mr. Castaneda: No. They are not funded by Community Development, the
daycares of the City of Miami, they are not. The only daycare is funded with
Community Development are those of the private nonprofits, and what we are
trying to do is to get them all funded by the new childcare legislation that
gives about thirty million dollars to the State of Florida.
Vice Mayor Plummer: I didn't get chance to read it. OK.
132 May 9, 1991
Mayor Suarez: Yes, that's the hope. That we will be able to substitute what
has been up to now, CDBG.
Mr. Castaneda: Right, and that would free up a hundred and sixty some
thousand dollars which you could give then, later on in October, to other
nonprofit entities,.
Mayor Suarez: Including those in Allapattah?
Mr. Castaneda: Including those in Allapattah.
Mayor Suarez: Yes. Allapattah, Wynwood. Is that it? Does that complete
your inquiry?
Vice Mayor Plummer: Just for the record, I gave the gentleman. I don't know
what it says, I haven't read it. OK. On Regis House, I know I saw it, so.
Mayor Suarez: All right, thank you, and when...
Commissioner Alonso: Have they given you the money, or not.
Unidentified Speaker: No. I haven't seen the memo yet.
Commissioner Alonso: Ohl Everyone has passed the memo.
Mayor Suarez: Can anybody tell us what the memo says? Does anybody know what
the memo says? - now that we have gotten it.
Commissioner Alonso: No. It has passed several hands, no one has read that.
Give me a copy.
Mayor Suarez: ...Lieutenant Longueira presumably read it, or constructed it,
or confected it, yes?
Vice Mayor Plummer: Joe.
Lt. Longueira: Commissioners, I believe the letter says that we have received
your applications, and they are going through the review process, but there
hasn't been a commitment to fund them at this time.
Mayor Suarez: The old "we are looking at your application."
Commissioner Alonso: Listen my friend. If you allow this to pass, and you
tell us now, you don't have an answer, what do we do with them? The answer
should be, yes. Because it's actually the same type of program that you
approve every day. And that we go through this agenda and we will say, yes.
I don't see any difference.
Mayor Suarez: Sure sounds like it.
Vice Mayor Plummer: Same thing as you tell the Camillus House.
Commissioner Alonso: So, how in the world can you say, no? How long will it
take before we know?
Lt. Longueira: I believe that they are with our legal attorney now getting a
decision...
Commissioner Alonso: If it went to the hands of the attorney, it's going to
take forever.
Lt Longueira: Well the have to. • 9 � y They get a decision on whether they meet
the State Statute, and then it goes to the Chief of Police after that.
Commissioner Alonso: No offense.
Commissioner Dawkins: Mr. Mayor. I need to...
Commissioner Alonso: That is a very bureaucratic answer.
133 May 9, 1991
c
Commissioner Dawkins: I'm sorry.
Plummer.
Vice Mayor Plummer: Yes, sir.
I need a clarification from Commissioner
Commissioner Dawkins: You said, if the people from downtown come in here and
want the Camillus House moved, you said, what now?
Vice Mayor Plummer: That the money that had been allocated 1n this year's
budget, is now being used and being given to HUD, as I understand it. And
that if they come back in here during this community calendar year, there is
no money left in that fund, is my understanding. Now, if I am wrong, I would
stand corrected, but that's what my understanding is.
Commissioner Dawkins: But my concern is, we have a problem where the Camillus
House is, and if you move Camillus House to quote, a residential area, you're
going to have the same problem. So, why are we going to move the Camillus
House to a stable - for the lack of a better word - neighborhood, and create
the problem in the stable neighborhood that you have where we are?
Vice Mayor Plummer: Commissioner Dawkins, I was not... 1 guess I was wrong
in...
Mayor Suarez: He was directing it at resources. Resources for the homeless.
Commissioner Dawkins: Oh, OK.
Vice Mayor Plummer: What I was saying was basically, I should of said it for
the homeless. All right?
Commissioner Dawkins: OK.
Mayor Suarez: Not Camillus House.
Vice Mayor Plummer: As we've all read, the Mayor is proposing a program of a
million dollars. Now, you can agree or disagree with that program, but now,
as I understand it, we are not going to have the money.
Mayor Suarez: In this Community Development Block Grant funding cycle...
Vice Mayor Plummer: There would not be.
Commissioner Alonso: Next year?
Mayor Suarez: There will not be. Although, we've added what so far has been
allocated to programs related to the homeless. The City Manager provided that
to me yesterday, from existing?
Vice Mayor Plummer: Yes.
Mayor Suarez: And we are close to four hundred thousand.
Vice Mayor Plummer: Or more.
Mayor Suarez: Now, I want to make sure I distribute that to the Commission.
Commissioner Dawkins: Is that proposed center - for the lack of a better
word - going to be, and again, just for a name of discussion, will that
proposed center be at the Homestead Air Force Base, where there are barracks,
or hospital, and et cetera, or will that quote, proposed center, be in again,
a stable neighborhood?
Mayor Suarez: I think the... one of the more interesting ideas, is to have it
at Krome, and of course, the Homestead Air Force Base - I hadn't thought about
that - that's pretty interesting too. The Biltmore Hotel has always been one
that is sort of a fanciful idea, that always comes up here. But no one is yet
ready to make any recommendation. I think what everybody agrees on, is that
the Camillus House type operation, with eight hundred people being fed, with
only fifty beds there, is the wrong way to do it. And even the Camillus House
people believe that, so. Everybody wants...
Commissioner Alonso: Has the County agreed to give the five million?
134 May 91 1991
0
Mayor Suarez: No.
Commissioner Alonso: No?
Mayor Suarez: But, who knows, who knows?
Commissioner Alonso: And, we will have to wait to have that amount of money.
Mayor Suarez: I think so. I think to make a real dent in the problem, we
need the bulk of the money to come from the County. I think that's a... I
have a feeling it will happen. All right.
Mr. Cortada: Mr. Mayor, if I may?
Mayor Suarez: I'll keep everyone apprised of that. Yes.
Mr. Cortada: With respect to Regis House, when we met here on the lath, at
the Commissioner's suggestion, Regis House submitted an application and had it
the next day.
Mayor Suarez: I'm letting you speak because you had about a minute left.
Mr. Cortada: OK. And I'll be so short, it's not even funny - so brief, it's
not even funny. On the 12th, the next day after the City Commission meeting,
there was an application on Major Warshaw's desk asking for this money for a
psychologist. I knew there was a time line, in fact, the time line being
today in a couple of minutes, and I am just wondering, if this doesn't go
through to the Law Enforcement Trust Fund, is there any guarantee for Regis
House, or what can be done? - if anything.
Mayor Suarez: Let me say something on Regis House. Just to clarify because
people never, including friends of ours, like yourself, never quite say the
entire story. Did we not allocate monies to Regis House last year for the
physical part of the program.
Commissioner Alonso: Yes.
Mr. Cortada: Right.
Mayor Suarez: Physical improvement, how much?
Mr. Cortada: Fifty thousand dollars ($50,000).
Commissioner Alonso: Fifty.
Mayor Suarez: All right. Just want to say on the record, we have helped
Regis House to the tune of fifty thousand dollars ($50,000). Prior
Commissions either didn't have Regis House around, or didn't help it. Now, we
are trying the best we can. And the answer to your question is, they should
have done it a lot quicker. Unfortunately, the Law Enforcement Trust Fund
procedure is one that is very clumsy. We have been struggling with it all
day, and we are trying to figure out a way to put it more under the Commission
than under the chief, and I am tempted to go to legislature and ask them for a
change in the whole program. I don't...
Commissioner Alonso: Ohl That will be great, yes.
Mayor Suarez: You know, because we'd love to have the ability to spend that
money as it comes into the forfeiture fund without all this clumsiness. Best
we can do.
Mr. Cortada: Can I ask each of the Commissioners to try to intercede on our
behalf, and speak to the chief about it, see if he can expedite it?
Mayor Suarez: We will all do that.
Mr. Cortada: Thank you.
Mayor Suarez: I think by the tone of today's discussion, he will know. And
it's a new chief you know, and perhaps is not so set in the old ways, who
knows. All right?
135 May 9, 1991
Mr. Cortada: Thank you so much, Mayor.
Vice Mayor Plummer: Frank, one other question. I had asked at the last
Commission meeting about the feeding of people at the Flagami Center.
Mr. Castaneda: Right - Oh! At the Southwest Social Program, or the Flagami?
Vice Mayor Plummer: No, that was for improvements.
Mr. Castaneda: Right.
Vice Mayor Plummer: Now, at the Flagami Center, there were to be... how many
to be fed?
Mr. Castaneda: No, you... Southwest Social Program.
Vice Mayor Plummer: No, no, no, not Southwest. Southwest is covered. They
are covered with their expansion. The Flagami asked for additional funds.
Commissioner Alonso: Are you talking about Flagami Community Center?
Vice Mayor Plummer: Yes.
Mayor Suarez: OK.
Vice Mayor Plummer: Well, what... all I am asking is, what happened with
that?
Mr. Castaneda: I'm sorry, Commissioner. I thought that you were referring to
Southwest.
Vice Mayor Plummer: All right. There are contingency funds of a hundred and
sixty-one thousand possibly there?
Mayor Suarez: Yes.
Mr. Castaneda: Right, for the daycare contingency.
Vice Mayor Plummer: OK, then we can address it from there.
Mayor Suarez: When we take care of it... All right. On item thirty-four
then, we have a motion and a second, do we?
Commissioner Alonso: It's serious.
Vice Mayor Plummer: Mr. Mayor, I am in a serious problem here, and I don't
know how to get off of it. As you know, I am opposed to giving the money to
HUD, I've made that very clear. Now, if I vote against the total Community
Development, I don't want to do that, OK?
Mayor Suarez: I got you.
Vice Mayor Plummer: But I do have a problem when my people, you know, the
other programs. So, all I am saying to you is, I don't want my vote to
reflect whether I announce it on the record, or how.
Mayor Suarez: I'll take it any way you'd like to do it. Mr. City Attorney,
if you have any simple way for him to reflect...
Vice Mayor Plummer: I would hope that it could be taken in two portions.
Mayor Suarez: ... that he only disagrees with that part of it? What do you
propose? - so that that can be taken as a vote.
Vice Mayor Plummer: Is that possible, or just...?
Mayor Suarez: We are at the point of an ordnance, and I think you voted
before consistent with that position.
Vice Mayor Plummer: Correct, sir.
136
May 9, 1991
Q
Mayor Suarez: So the fact that you vote for the ordinance, I don't think,
implies that you agree with every aspect of it. Just that as it...
Vice Mayor Plummer: All right. Well, then my...
Commissioner Alonso: He has made the clarification of his position.
Mr. Fernandez: You made your point.
Vice Mayor Plummer: OK.
Mayor Suarez: All right, with those reservations, I'll entertain... well we
have a motion and a second, right?
Commissioner Alonso: Yes, we do have.
Mayor Suarez: OK, read the ordinance, please.
AN ORDINANCE -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "COMMUNITY DEVELOPMENT BLOCK GRANT
(SEVENTEENTH YEAR)"; APPROPRIATING FUNDS FOR EXECUTION
OF SAME IN THE AMOUNT OF $12,613,000 FROM THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
GRANT AWARD AND $1,400,000 FROM COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM INCOME (SEVENTEENTH YEAR) FOR A
TOTAL APPROPRIATION OF $14,013,000; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of April 11, 1991,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner De Yurre, 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
Mayor Xavier L. Suarez
NOES: Vice Mayor J. L. Plummer, Jr.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10885.
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:
Vice Mayor Plummer: For the reasons so stated on the record, my vote has to
be no to reflect my thinking. But I want it to be understood that it is only
no in the one portion, and the rest of it would be favorable.
Commissioner Dawkins: I too have a problem with the portion of it for HUD.
But as I said when I opened, I'm not going to allow my vote to be conditioned
upon that which was said or is implied. So I'm going to vote yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: Item 35.
Ms. Cortada: Thank you very much.
(APPLAUSE)
Mayor Suarez: Please. Puerto Rican Cultural Fo-indation. OK.
Mr. Luis De Rosa: Hi, my name...
137
May 9, 1991
Mayor Suarez: Celebrations, discussions, debates, commiserations,
afterwards - I mean outside rather - if you would. Please. I think it had
the opposite effect of what I intended it to have. they understood.
OK. POR FAVOR.
(APPLAUSE AND CHEERING)
Commissioner Alonso: This means we did the right thing.
Vice Mayor Plummer: Huh?
Commissioner Alonso: I think we did it.
Mayor Suarez: Very good. Don't thank us, thank the Lord. OK, Mr. Castaneda,
could you help us a little bit in this process rather than... Mr.Comoglio,
could you help us to ease the people out. We're going to enlist Bonnie
Anderson pretty soon to help us clear the chambers here. John Kilby, I
mean... Rafael Licea, we'll take help from anybody. Bill Rios even. I'm
worried about why you're here, you know. I don't even want to ask. I know
we're going to get to you sooner or later. OK.
43. GRANT REQUEST FROM PUERTO RICAN CULTURAL FOUNDATION FOR CERTAIN FEE
WAIVERS, RESTRICTION OF RETAIL PEDDLERS, AUTHORIZATION FOR USE OF
PORTION OF BISCAYNE BOULEVARD - CONCERNING PUERTO RICAN CULTURAL PARADE.
Mayor Suarez: All right, proceed. OK, go ahead, sir.
Mr. Luis DeRosa: OK. Luis DeRosa, representing the Puerto Rican Cultural
Foundation, 1477 South Miami Avenue.
Mayor Suarez: Somebody explain to Mr. Phillips and anyone else that's there,
that they're supposed to have their celebration outside, please, with Mr.
Laburu, from my staff. Martin Laburu, from my staff.
Unidentified Speaker: Senor Martin.
Mayor Suarez: Would you please help to ease everybody out. Lieutenant
Longueira, when you finish your phone call, would you help us to do what
otherwise would be characterized as police work. That's it, you take Mariano
Cruz physically out, that will take care of part of the problem. Thank you,
City staff. Thank you. Somebody's actually cooperating out there. Former
City Attorneys. You know, I don't know what to do any more. Mr. Manager,
we're going to... pretty soon we're going to... I'm not going to plead any
more. So you either have the officers do their job out there, or I'm going to
take a recess.
Vice Mayor Plummer: You're here on the Puerto Rican thing?
Mayor Suarez: Jesusl
Mr. DeRosa: Yes, sir.
Vice Mayor Plummer: Can I ask you a quick question? How many people do you
anticipate?
Mr. DeRosa: Fifteen thousand, if not more. And I'll tell you why.
Vice Mayor Plummer: No, no, no. No, don't tell me why.
Mr. DeRosa: OK.
Vice Mayor Plummer: OK. Mr. Manager, you know we had a big argument this
morning about the security around the Arena. If you look at their budget,
they are budgeted here, put out by the Police Department, at $3,000 for
policemen and $2,000 for security, for a total of $5,000 for the same amount
of people that a maximum capacity of the Sports Arena would be. And the
Sports Arena is only putting out ten policemen at $18 an hour. That would be
138 May 9, 1991
one eighty times four, thirty-two... $720 is what the Sports Authority - I'm
sorry - Leisure Management, LMI, whatever it is, are spending $720 as a
promoter, for security and here are these people with the same amount are
demanded that they put out $5,000. I just wanted that for the record. Thank
you, go ahead.
Mr. DeRosa: Sure, Commissioner. Once again, we're knocking on heaven's door,
if I may use that term. As you know, the foundation held a first -ever parade
last year, and to some degree, we like to think it was a success. This time
around, the board of directors have taken on the responsibilities of the day-
to-day operation. And we're confident that this year it's not only going to
be a success, but it's going to be a contribution to the City, to this great
City of Miami. We expect a large number of people coming in from not only the
northern states of our country, but also Puerto Rico. Over the weekend we met
with the representatives from the Puerto Rican Tourism Company, Mr. Salvador
Rebald, who represents Demenech, who represents the government of Puerto Rico.
There is expected a large group of people coming from Puerto Rico, which in
turn, will have a positive economic impact on the City of Miami. We've
elicited the support of Super-Q FM, who will finance the festival, along with
Budweiser. We're in negotiations with Marta India, we're meeting with Pepsi
Cola tomorrow. We'll be meeting Channel 23, Channel 51. I've met with the
Miami Herald, and we have their commitment in terms of publicizing our event.
We'd like to think it's not only going to benefit this great City, but also
its people. But, as with all things who starting out, we're in dire need of
not only moral and political, as well as community support, but financial
support.
Mayor Suarez: I'll entertain a motion to give you all the moral support you
need, and all the prayers and everything else that heaven can provide.
Mr. Odio: Mr. Mayor...
Commissioner Alonso: So move.
Mayor Suarez: As far as anything that requires money, we don't have it.
Mr. Odio: We need to approve the street closures.
Mayor Suarez: All right, on that, moved by Commissioner Alonso.
Mr. DeRosa: OK, now, I...
Mayor Suarez: Seconded by Commissioner De Yurre. Call the roll on that.
Mr. Odio: Please, Mr. Mayor, could you include the...
Mayor Suarez: That's the part that heaven can allocate. Yes.
Mr. Odio: Could you include the restriction of the peddlers too.
Mayor Suarez: With restriction of the peddlers. Whatever is recommended by
the administration.
Vice Mayor Plummer: Mr. Manager, just for your edification, we've gone
through that, and the restriction of peddlers is, by the City Attorney's
thing, is anything... peddlers have to be west of the Boulevard now.
Mayor Suarez: OK.
Vice Mayor Plummer: There are seven designated spots only on the Boulevard,
so I think in the future, you don't have to worry about the designation of
peddlers.
Mayor Suarez: Very good.
Mr. DeRosa: OK...
Mayor Suarez: With... the motion is to allow the street closures and to
provide for the correct mechanism for the peddlers, whatever it may be, in the
existing law and regs.
Mr. DeRosa: We'd like to extend that into, if it's possible, the...
139 May 9, 1991
Aak
Mayor Suarez: Extend what?
Mr. DeRosa: We'd like to extend that motion, if it's possible, just a
discussion on that, with the approval of the waiver of all City Codes in
regards to the...
Mr. Odio: No, I'm not recommending that.
Mayor Suarez: Wait, wait, I don't even know where he's headed. Why don't we
just.... Let's just take a vote on that.
Mr. DeRosa: All right.
Mayor Suarez: You were doing OK on part of this. Please call the roll on
that part, and then we'll see what else you want. If it's money, I doubt it.
Vice Mayor Plummer: This is also just for your edification. One of the
community days of thirty that the Bayf ront Park is already approved.
Mayor Suarez: Very good. So they're getting that already as a...
Mr. DeRosa: Now...
Mayor Suarez: Wait, wait, wait. You weren't asked anything. Go ahead, call
the roll, please. Madam City Clerk, what are you troubled by?
Ms. Hirai: I think he wants to include the banner permit, the street banner.
Mayor Suarez: The what permit?
Ms. Hirai: The permit for the street banners, Mr. Mayor.
Mayor Suarez: Street banners, all right. Movant accept that?
Commissioner Alonso: Yes, yes.
Mayor Suarez: Permit for the street banners. The second, Commissioner De
Yurre, accepts it, yes. Call the roll on all of that.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-367
A RESOLUTION RELATED TO THE PUERTO RICAN CULTURAL
PARADE TO BE CONDUCTED BY THE PUERTO RICAN CULTURAL
FOUNDATION, INC. ON SUNDAY, NOVEMBER 17, 1991;
AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO
THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF
PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE
AND INSPECTION SERVICES; ESTABLISHING AN AREA
PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF
SAID EVENT; FURTHER WAIVING THE BANNER FEES RELATED TO
SAID EVENT; CONDITIONED UPON THE ORGANIZERS PAYING FOR
THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH
SAID EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY
IN THE AMOUNT PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
140 May 9, 1991
n
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: Mr. City Manager, Madam City Clerk, Mr. City Attorney, all of
you, we've done many many of these. You know that we're willing to vote as a
package on all items that have no economic impact on the City. Please help us
to state the motion correctly so we get that over, and we don't have to go
through this discussion every single time. All right. Sir, what else did you
want? At your own risk.
Mr. DeRosa: Well, I want money.
Mayor Suarez: We don't have any.
Mr. DeRosa: I need assistance. I know, I've come to expect no. I've been...
the foundation, rather, has been fortunate enough that Commissioner De Yurre's
been contributive.
Mayor Suarez: If you expect that, let me fulfill your expectations very
quickly and tell you, you're not going to find any, so...
Mr. DeRosa: Well, I'm sure there's no harm in trying. And my idea - and I'll
tell you why - because there is a benefit to the City as well. And as with
all things, this is a major project. It's better organized and we expect
bigger and better things this time around. And I'm hoping that I can get some
consideration from the City Commission in the form of $10,000.
Mayor Suarez: I won't say that's humorous, but it's interesting. All right.
You know, I have to tell you this, I once ran on a platform of Miami as a City
of festivals. And Miami is a City of festivals. You know what I found out?
That in some parts of the City, people are not willing - even if it were for
free, I mean even if... aside from the issue of money, they don't want one
more blank festival, if you know what I mean, OK? Coconut Grove is - you know
how to spell it...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Blank, b-1-a-n-k. And that's Coconut Grove. But it's getting
to the point that as much as we note the festivals are very useful and do
bring a public benefit, they also cost money, they wear and tear the
community. In your particular case, we've made the streets available, given
you special permits for banners and made, I guess, the amphitheater available,
I understand, right? That's the best we can do. Thank you. Go to it. Get
private sponsors.
f------------------------------------------------------------------------------
44. PERSONAL APPEARANCE: KIWANIS OF LITTLE HAVANA - DISCUSS REMOVAL OF BLACK
a OLIVE TREES TO BE REPLACED BY ROYAL PALM TREES ON S.W. 8 STREET.
(Reschedule for next Commission meeting.)
I
Mayor Suarez: Thank you. Item 36, Mr. Cohen, is he here? If not, as far as
I'm concerned...
Vice Mayor Plummer: Mr. Mayor, let me ask a question. There was some people
here from Little Havana Kiwanis and the people from the opposing view. Maybe
you can take them now, if you would.
Mayor Suarez: Yes. Maybe even though it was actually put on the agenda by
someone else.
Vice Mayor Plummer: Is Mr. Westbrook here? You're still here. This was
asked to be a pocket item. There is a tree planting program that was approved
141 May 9, 1991
by this Commission, and I'm using only the terminology - don't ask me to back
this up - that there was a program in place in what the Little Havana Kiwanis
want to do is to expedite that program. And Mr. Westbrook...
Mayor Suarez: Is this item related to that, you think, or... no.
Vice Mayor Plummer: Mr. Westbrook is his... representing the Shenandoah
Homeowners Association, who have some comments or some views that they want to
express based on a previous meeting that took place in reference to that, if
this Commission wants to hear it today.
Mayor Suarez: Well, it's up to the Commission, but I...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: OK, we're going to hear a very quick presentation on both
sides. I don't know that we're going to take any action on this. Let me say
this if I may, by preamble. I don't want to preempt your argument, but this
Commission should not have to deliberate on an argument between people who
want to give us something, specifically royal palm trees or whatever, and
people who think that that's very nice, but why not put those royal palm trees
elsewhere other than where there are already some nice trees. I mean, that
sounds like the silliest of all arguments that I have contemplated. And, God
knows, I have contemplated a few silly ones since I've been here. Why can't
you all just sort of agree on where the royal palm trees should be placed
other than where there are existing, healthy, useful trees? How can this be a
conflict? It's not like they're making any money off of this. Last time we
ended up being confronted with the issue of the person who had been contracted
with for the trees, you know, and that somehow created a... for the palm
trees, and that created a problem. Well, that was kind of a side issue that
was complicating the whole thing, but presumably that's been worked out that
he's willing to give the royal palm trees or provide them for the appropriate
compensation to be placed in the appropriate place. Why should they be placed
where we have existing trees? Can anybody explain that?
Alberto Cardenas, Esq.: Great question and it has a very reasonable response.
Commissioner Alonso: I have a lot to say.
Mr. Cardenas: I understand. My name, for the record, is Al Cardenas, I'm the
attorney for the Kiwanis Club and have been for some time. They asked me to
come and articulate their position quickly for you. This, as you know,
started out as being that gift horse in the mouth comment from Commissioner
Plummer. And then both Commissioner Alonso, and you have raised some very
valid points. What I think we failed to see is the old light at the end of
the tunnel. Let me, if I can...
Mayor Suarez: You're full of cliches today, aren't you?
Mr. Cardenas: Yes, yes, it's...
Mayor Suarez: Gift horse in the mouth, and we got the light at the end of the
tunnel.
Commissioner Alonso: He's doing so well today. He's just...
Mr. Cardenas: Yes, and to da to da. And the... let me tell you what it is.
If you were answering your question, Mayor, on a one-year program, I would say
your statement makes a tot of logic. But let me tell you what the Kiwanis are
trying to do and, hopefully, you will see it from that perspective. In 1987,
they planted 200 royal palm trees. In 1990, they planted a hundred. This
year, they want to plant 250, and they want to go on and on. The program
started by planting trees on corners and on islets, the first hundred trees.
Then last year, they went out and planted trees on the south side between S.W.
27th Avenue and 17th Avenue. What you're really doing is, you're judging them
by an unfinished labor. What they want to do, is they want to go from 27th
Avenue to downtown, both on the north side and south side, and have all of 8th
Street beautifully landscaped with royal palm trees running along both sides,
so that it's a beautiful boulevard. Because the income that they receive
yearly from their Calle Ocho Festival is limited, they can only plant 200-250
trees per year. This is a program which started only 2 years ago. It's a
program that is going to take five years to complete. And by the time it's
over, you're going to have a beautiful boulevard on both sides.
142 May 9, 1991
Mayor Suarez: You mean we're going to have this argument every year for five
years? -on people wanting to donate royal palm trees to the City?
Mr. Cardenas: Mayor, that's... but the only way this thing is going to look
beautiful is when it's finished. But, you know, we... if you ask me, Al, if
this was all you were going to do, plant a hundred trees on the south side of
8th Street between 27th and 17th, there are trees there. Why don't you just
plant them elsewhere? Sure, that makes a lot of sense, if that's what this
project was. But that's not this project. This project is to have a thousand
some trees lining both the north and south side from 27th Avenue to downtown.
So if you're somebody driving from downtown, Al, or in this case, we only have
one way now, but if you're coming in, you're going to see a beautifully
landscaped boulevard for many years.
Mayor Suarez: I don't think so. I don't think so. I don't think you're ever
going to have that view. Anyhow, I shouldn't interpose my own opinions. It
just doesn't work out, Al. It's not like when you drive into a beautiful
estate where you have palm trees on both sides, there's no other obstructions.
Here you've got every possible kind of building, sign, street lights,
everything. It isn't going to look quite the way... That's my opinion, maybe
I shouldn't interpose my...
Commissioner Alonso: It's not only that, Mr. Mayor. The problem is that
everything started wrong. The first project that it was done not by them, but
federal money, I believe it was, about - well, in the 701s. They did a plan
that supposed to be beautification for the area.
Mayor Suarez: The old bricks and stick the sidewalks way out in the street.
Commissioner Alonso: What happened is, they used the money, then they went
and got inexpensive trees, because the price was only $10 at the time. They
put the wrong kind of trees in the area. Now, some of the trees are not very
attractive. Some have grown to be very beautiful trees. The other problem
was, they got permission to plant palms. Then they went along and they did
that in areas that no one really thought it was the best for the area. So, in
some sidewalks, they have the palm tree, and then there is no space to walk.
Also, we have trees here, palm trees there. Some of them have died, and don't
think that I'm not appreciating what you're doing, because I do. I think you
are trying to do something beneficial for the area. But I have said, I have
met with them several times. They have come to my office. We have met. I
have met with Dr. Prieto. We have had lunch. We have met in 8th Street, and
it has been on and on and on. And all that I want is that something is done
In the way that it should be, what the people of the area want, and also I
think it's very important to preserve the trees. I think that is very
important. And some sort of compromise we will have to find. Some of the
palm trees that are dead have to be replaced. I believe you have started to
do that. I saw last night, at least in some locations, something that
indicates to me that's exactly what you are doing. But I also believe that
the public should have some say in what we are doing, and taking this as a
pocket item, in my book, it's not an appropriate way, because it's not going
to be appropriate for the citizens of Miami and I don't think it's right for
your organization, and it's not right for us either. So I think that this
item we should not take any action today. That's my belief. But maybe if the
opposition wants to say, and they agree...
Commissioner De Yurre: Let me ask this. What's happening to the black olives
that are being removed?
Mr. Cardenas: Well, there are about 40 black olives that were previously
removed. The problem, Commissioner, with replanting a black olive tree...
Mayor Suarez: I think he means, what is done with the tree that is removed?
Mr. Cardenas: I understand. Well, here is my answer.
Mayor Suarez:
right?
Mr. Cardenas:
replant them.
They've been disposed of. I mean, you can't replant them,
Right. They cost $500. That's the estimate per tree, to
143 May 9, 1991
Mayor Suarez: Does that answer the question correctly? You cannot replant
them.
Commissioner De Yurre: How much does it cost to replant?
Mr. Cardenas: Five hundred dollars per tree to replant them without a
guarantee of survival. That's more than the mature royal palm trees that are
replacing them. And so my point to you is that it... you know, we wouldn't
mind planting these trees, new trees, but replanting existing trees is beyond
a reasonable budget.
Commissioner De Yurre: Does that tell, you know, with the ecology and the way
the ozone and everything is going down, and we're trying to get people to
plant trees. You know, I'd hate to see black olives just die off and be
killed without being replaced somehow other than the palm trees that we're
talking about.
Vice Mayor Plummer: Can I ask a dumb question?
Commissioner De Yurre: Well, might as well.
Vice Mayor Plummer: It's only dumb if you don't know the answer.
Mayor Suarez: For a change.
Vice Mayor Plummer: DO Has anybody considered planting the royal palms in
between the black olives so we have both? No, I'm asking the proposer.
Commissioner De Yurre: You know, this is like deja vu. We went through this
last year, the exact same issues...
Mayor Suarez: It's deja vu all over again.
Commissioner De Yurre: The same questions were asked. We're going to get the
same answers.
Commissioner Alonso: In the meantime, I approve of the new City Manager.
Vice Mayor Plummer: Who is the new City Manager?
Commissioner Alonso: She is.
Mr. Cardenas: Yes, I...
Commissioner Alonso: He's a she for a change.
Mr. Cardenas: You know, this is a matter which...
Commissioner De Yurre: We have to check her discretionary fund.
Mr. Cardenas: Yes.
Mayor Suarez: Rosalind, I know you're...
Commissioner Alonso: Maybe she will do better.
Commissioner De Yurre: You know...
Mayor Suarez: I know you're itching back there. You're - whatever the
expression is - you're full of cliches today.
Mr. Cardenas: Ready to go. Ready to go. Right.
Mayor Suarez: Right. I think momentum is on your side up here, and you've
got some exhibit there to show us, God knows what it is. Oh, it has to do
with the fact that you're using that to water other...
Commissioner Alonso: Oh, she's been watering the palms.
Mayor Suarez: Right. That's right.
Ms. Rosalind Forrest: I brought this up to...
144 May 9, 1991
7'a
Mayor Suarez: All right, why don't you come up to the mike and tell us.
Counsel yields to you so that you can...
Commissioner Alonso: No wonder that was in my office.
Ms. Forrest: I put it in your office so you'd know what....
Commissioner Alonso: Yes, I was wondering.
Ms. Forrest: OK. Five...
Mayor Suarez: Would you please organize your watering days to coincide with
Commission days...
Ms. Forrest: OK...
Mayor Suarez: ...and take the Commissioner with you for the bigger part of
the day and water everything.
Ms. Forrest: I'll tell you quickly, three weeks ago at my request, the
Department of Transportation planted and gave to the City of Miami 14 royal
palms. I wasn't there after they were planted. I thought that the DOT was
going to water them or Israel Landscape who put them in would water them, or
the City would water them. So I was on my way to Mayo Clinic with my husband.
When I returned in six days, three trees looked half dead. Nobody was
watering them, every....
Mayor Suarez: How about the Little Havana Kiwanis? They look like they're
eager to help you.... And I know you were having a meeting with Mr. Licea.
Did that lead to anything?
Ms. Forrest: Nobody came to help me. Nobody.
Mayor Suarez: No, I mean, you had a meeting before during the day. Did
you...
Commissioner Alonso: They didn't know.
Mayor Suarez: Yes, maybe Mr. Licea has an all volunteer group of Kiwanis.
Yes.
Mr. Rafael Licea: OK, the City doesn't own any facilities to water the palm
trees. So what we were doing. What we plan to do with these is when we
planted ours, we would then water hers. It costs about...
Mayor Suarez: Right.
Commissioner Dawkins: Oh, so, if we don't let your put yours, you let hers die
from lack of water.
Mr. Licea: No, what happened is that we don't have the...
Commissioner Dawkins: Oh, the truck.
Mr. Licea: No, we didn't even know she was planting the trees. We had
nothing to do with them.
Mayor Suarez: OK, now you do. Do you have any - now that she talked to you
before - is there any way you can help her Rafael?
Commissioner Alonso: Isn't this unusual? No one really knew the new palm
trees, where they were coming from.
Mr. Licea: Exactly.
Commissioner Alonso: I've been trying to find out. Who is planting all of
these palms? I thought you guys were getting away with it.
Vice Mayor Plummer: No, that's what I heard started it.
Mr. Licea: Between twelve and eleven...
145 May 9, 1991
Commissioner Alonso: That's why I got in your case. And then I found out
they were not doing it.
Mayor Suarez: The old bandit who plants palm trees without anybody knowing.
Commissioner Alonso: It was her acting.
Mr. Licea: She got them to plant them, DOT (Department of Transportation).
Commissioner Alonso: Yes, she got the palm trees.
Mayor Suarez: All right.
Ms. Forrest: But I have to explain please. They owed the trees to the City.
They were removed five years ago, and nobody replaced them, and I kept
petitioning for them. What happened is, Rosario Kennedy, bless her heart, got
an $800 donation to come down the street...
Mayor Suarez: Let's not bring former Commissioners into this.
Ms. Forrest: But she had the trees cut. And then when they came to where I
complained about dead trees, they were yanked out. Nobody replaced them. I
petitioned for so many years and nobody replaced them. Finally, I went to the
DOT and I carried on and carried on, but I want you all to know that I called
Governor Chiles and five days later the DOT planted those trees.
Mayor Suarez: That will do it every time.
Commissioner Alonso: Next time I need something from the Governor, I'll ask
you to do it for me.
Ms. Forrest: OK. Now I've been going with... There's no facilities to water
for me. I've been lugging this whole contraption from tree to tree there.
And I'm too old to do this really.
Commissioner Alonso: Yes. May I make a comment?
Mayor Suarez: But we appreciate it, please. I mean, don't think we don't,
really.
Commissioner Alonso: Mr. Mayor...
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: It's frightening to see that things are happening in our
streets, and we, City of Miami, we don't have any idea what's happening. So
someone might decide to cut a tree, and we have no idea what's happening. Or
someone might decide, these are nice palm trees, but next day they will put
something else...
Ms. Forrest: No, they have a permit...
Commissioner Alonso: This is a little bit disturbing. How can we get things
organized...
Mayor Suarez: Well, yes...
Commissioner Alonso: ...and maybe Dr. Prieto can get that resolved.
Mayor Suarez: Doctor, I know that the Commissioner's remarks are well taken.
I do want to say, just sort of intuitively, aren't royal palm trees supposed
to grow in this weather absent special circumstances, without being watered
all the time?
Ms. Forrest: Not new ones.
Commissioner Alonso: No, they need water at the beginning.
Dr. Luis Prieto: The first year they do need special treatment.
Mayor Suarez: First year. All right.
146 May 9, 1991
Mr. Prieto: Two waterings a week.
Mayor Suarez: All right, so if we plant any more palm trees or allow anyone
else to plant them for us, we have to have an irrigation plan in effect to
guarantee that they won't be dying, and then the Miami Herald will be writing
articles...
Commissioner Alonso: Yes. Or the right time of the year.
Mayor Suarez: ...you know, saying that we're killing all the palm trees,
etcetera, and people will start watering them on their own. Which is nice. I
mean, we were happy that you're doing that.
Ms. Forrest: Well, these were done with a permit, and examined. The holes
were examined, and the trees were examined. Everything was done legitimately.
Mayor Suarez: All right. Well, you've heard us say that in the future if we
plant any more, we're going to have to have an irrigation plan in place.
Ms. Forrest: You must have an underground irrigation system. You have to.
Mayor Suarez: Well, underground, overground, some irrigation system.
Ms. Forrest: Not overground, because you'll be paying for trucks and water
and labor and...
Mayor Suarez: I'm not an expert in irrigation system, Rosalind. But we
understand the point you're making.
Commissioner Alonso: Maybe the merchants can help. Little watering of the
plants is very simple. Yes.
Mayor Suarez: Yes, citizens helping is not a bad deal at all. It keeps
everybody busy. All right.
Vice Mayor Plummer: Where are we?
Mayor Suarez: On the palm trees. How many neighborhood association
representatives are here, by the way, who were concerned about the removal of
the black olives? Could you raise your hand, so that we don't have to hear
everybody on that issue. And you have an in between position, Mr. Rojas. No?
Vice Mayor Plummer: What do you want? -banana trees?
Mr. Elio Rojas: Yes, we are in favor to remove the tree, Mr. Mayor. We
prefer the...
Mayor Suarez: You're in favor of removing the trees, and putting royal palms.
Mr. Rojas: That's right. Well, I say the name Latin Quarter Association
where I manufacture, I have a lot of merchants over here that are very, very
against too, to the tree.
Mayor Suarez: OK, let me see a show of hands of people...
Mr. Rojas: Let me see...
Mayor Suarez: ...from the association who support your position.
Mr. Rojas: LOS DE LATIN QUARTER PARENSE, LEVANTEN LA MANO.
Mayor Suarez: There we go. OK, I wish we knew the answer.
Mr. Rojas: I want all the Latin. the Calle Ocho, the Latin Quarter, please
raise the hands, LEVANTEN LA MANO LOS QUE ESTEN A FAVOR DE MOVER LOS ARBOLES
DE LA CALLE OCHO.
Mayor Suarez: All right, let's hear that point. Why...
Mr. Rojas: Mr. Mayor, all of these you see, they are merchants and neighbors.
147 May 9, 1991
0
Commissioner Alonso: Are you on 8th Street, Mr. Cardenas?
Mayor Suarez: Yes, but what... the argument I think I've heard is that some
of the merchants don't believe that the black olives are all that great. What
is that argument?
Mr. Cardenas: A lot of maintenance, the leaves in the sidewalk slipping and
falling of the clients, maintenance that has to be done by the merchants. The
sidewalks become a nuisance, the leaves drop in the awnings, a terrible
situation. They cover the signs...
Mayor Suarez: Terrible, terrible. All right.
Commissioner Alonso: OK, 8th Street doesn't want the trees. Can we give the
trees to the people of Shenandoah that want the trees?
Mr. Cardenas: Let me put it this way. We would be happy to have them remove
the trees if they wish.
Vice Mayor Plummer: Yes, but at whose expense?
Commissioner Alonso: Theirs.
Vice Mayor Plummer: They ain't about to.
Mr. Cardenas: To agree to remove and replant the trees for them is
prohibitive. It's $500 per tree without any...
Commissioner Alonso: Are you sure, Mr. Cardenas, that it's that expensive?
Mr. Cardenas: Yes, ma'am. Yes, I am. And without...
Mayor Suarez: Wait, wait, wait. That's not too bad though. I mean, you're
providing work for people. You're keeping the tree alive. You're replacing
it with another one. You can put a few less palm trees, royal palm trees,
there's nothing wrong with that. I mean, I would strongly suggest you go back
and review that. You're not losing the money.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Cardenas: Mayor, here's the problem.
Mayor Suarez: No, no, no, ma'am. No one else, please.
Mr. Cardenas: Here's the predicament.
paid for these palm trees.
Mr. Odio: Mr. Mayor... Psssst.
We already have contracted for and
Mayor Suarez: The old, we've already contractually bound...
Mr. Cardenas: And the reason for that is that, and now we know better, but...
Mayor Suarez: For how many years worth of this plan that you had of putting
royal palm trees all the way down...
Mr. Cardenas: What happened was two years ago, we were allowed...
Mayor Suarez: No, no, no, answer my question, Al. How many years do you have
contracts for?
Mr. Cardenas: To this year or next year. And...
Mayor Suarez: That was not a very smart contract.
Mr. Cardenas: Well, but here's why it was smart...
Commissioner Alonso: Mr. Cardenas...
Mr. Cardenas: ...because they had the precedent from the City of two years of
letting them do it. And now, some issues have been brought up which I admit
are reasonable.
148 May 9, 1991
Mayor Suarez: Aside from that, not a smart contract.
Commissioner Alonso: No, remember that the same issues were very well
expressed last year, but remember, one day we found the trees lining the
street. They were cut. We didn't know then it was after the fact. You know,
what's happening here is - and it's happening very often - Latin stars come
and says, well, we have no choice. You have approve these stars.
Mayor Suarez: Right.
Commissioner Alonso: Then the people come with the trees and say, you have to
approve them because we already contracted it. Why don't you people check
with us ahead of time, and you don't have the headaches and something very
nicely can be done.
Mr. Cardenas: I agree.
Commissioner Alonso: Let's find some solution in the middle, give the trees
to the Shenandoah area. Everyone will be happy. The people of 8th Street
will have palm trees. The people of Shenandoah will have nice trees, and
everyone will live happily ever after.
Mayor Suarez: I don't think you've... I'll tell you right away, I mean right
off the bat, if you take this to a vote, I don't think you're going to
prevail.
Mr. Cardenas: OK.
Mayor Suarez: So I would strongly suggest you meet...
Mr. Cardenas: Fine. I think we can work a solution. Let me give you this
quick four points for you, if I can.
Commissioner Alonso: OK.
Mr. Cardenas: Number one, we'll work a solution where we will also plant,
agree to plant, in the future, black olive trees. Now, frankly, I think the
replacement is more prohibitive than planting new trees, but we'll get
together with the neighbors.
Mayor Suarez: We will agree to plant black olive trees which you have said
are not all that great.
Mr. Cardenas: Yes, sir. Number two, the merchants don't...
Commissioner Alonso: When you say you will plant where?
Mr. Cardenas: Where you tell us. But this year, we're committed... here's
what we would agree to do in a resolution if it makes sense to you. Number
one, plant the trees that we've contracted for. Number two, we provide at our
expense the full maintenance for a year.
Mayor Suarez: I'm not prepared to vote on this today, and I don't think any
of the Commission is. I'm telling you, if you push the item today and unless
the Commission overrides me, without any further explanation, without having
to hear the opponents, you're going to lose, I think, from the feeling that I
get up here. I would strongly suggest, since the item is not scheduled, that
you meet with the neighbors, you come up with a plan. I am not impressed by
the argument that it costs $500 to transplant them. So what? Use the money
that you do have from the festival, and keep the neighbors happy. That's what
this whole thing is about, folks. Is not to try to impose something on people
that they don't want. The merchants apparently are pleased that you would.
remove a lot of black olive trees, and presumably put the royal palms. The
neighbors, presumably, will be happy to get the black olive trees in other
parts. I know I can think of a few areas where I'd love to have a few black
olive trees. You might lose a few, that's part of life too. And use the
money that way, and come up with that kind of a compromise. I don't think
we're ready to vote on it today, and we're certainly not ready to hear any
more argument on it. And, you know, again, folks, this is all backwards.
Plans to donate trees to the City of Miami are not supposed to create
controversy with neighbors. They're supposed to be the kind of thing that
149 May 9, 1991
everybody says, my God, this is like what I call "applehood and mother pie",
you know. "Apple pie and motherhood" type thing, but transversed a little
bit. Something you couldn't possibly object to. Not to create controversies
for us, Al. We got enough other controversies over real issues of people
needing money for certain things, other people needing better services, to
have a program that's supposed to be just no downside create a negative for
us. Not what we'd like to do up here, and I think, really, the Little Havana
Kiwanis does so many good things. I just happened recently to have written an
article about them. And, you know, to now create for yourselves a controversy
with neighbors, is not good PR. I mean, I...
Commissioner Alonso: No, and they're going to help in the beautification of
8th Street...
Mayor Suarez: Yes.
Commissioner Alonso: ...and we are very grateful for that. The solution is
what I've been saying all along. Give the trees to Shenandoah, plant palm
trees in 8th Street, everyone will be happy.
Mayor Suarez: Slow down... yes.
Commissioner Alonso: We don't lose the trees, and we have the palm trees and
that's great.
Mayor Suarez: Look at him, he's ready to help put together the compromise,
you can tell. All right, that's the end of the debate on this item.
Commissioner Alonso: Don't you think it's right? Great.
Mayor Suarez: I am not going to hear the opponents, because I think you have
momentum on your side so far. And to hear you now would just add, and we've
heard Rosalind kind of give her version of a somewhat related issue.
Mr. Cardenas: Yes.
Mayor Suarez: Yes. Well, you have to come up to the mike. But don't get
into the substantive parts of the argument because then we... everybody is
going to want to speak.
Mr. John Westbrook: No, to save the Commission time, I just have one...
Mayor Suarez: Put your name on the record.
Mr. Westbrook: My name is John Westbrook, 1823 S.W. 13th Street. I'm vice
president of the Shenandoah -West Little Havana Homeowners Association. My one
requests are... we were very disturbed to find that this was going to be an
item on today's agenda. And...
Mayor Suarez: Oh, please, let's not get into the procedural aspects of this,
John.
Mr. Westbrook: No, I would just request...
Mayor Suarez: We have listened to logical arguments. We have made your
arguments for you. What more do you want?
Mr. Westbrook: No, absolutely, absolutely. I would just request that if
there's any action to be taken on this, that it be part of the normal agenda
in the future. That's all.
Mayor Suarez: That is precisely what I said that it's...
Mr. Westbrook: Thank you, sir, thank you.
Mayor Suarez: Right, right, we're not going to take any action because if we
took any action, it would be counter to those that wanted us to take action
here today, and who were prepared to make their argument. Not your side.
Mr. Cardenas: Mayor, if you're going to defer this, I would appreciate it if
it's...
150 May 9, 1991
Mayor Suarez: We're not deferring it. We're not deferring. The item is not
on the agenda.
Commissioner Alonso: It's not on the agenda.
Mayor Suarez: We're just going on to our items on the agenda.
Mr. Cardenas: Well, that's right. But I would hope you instruct the Manager
to put it at the next possible agenda item meeting.
Mayor Suarez: Yes, please, yes. That's one...
Commissioner Alonso: Next Commission meeting.
Mayor Suarez: Yes. Next regularly scheduled Commission meeting.
Mr. Cardenas: OK.
Mayor Suarez: You got 30 days to work out a deal. Hopefully, folks, please.
I mean, we don't need controversies over donated trees.
Mr. Cardenas: OK.
45. GRANT REQUEST BY MIAMI WHEELERS FOR CLOSURE OF DESIGNATED STREETS
CONCERNING MIAMI WHEELERS BICYCLE RACE.
Mayor Suarez: Item 37, Miami Wheelers. Street closures. Recommended by the
Manager?
Commissioner De Yurre: Move.
Mayor Suarez: OK, we'll take a vote on that. Moved by Commissioner De Yurre.
Vice Mayor Plummer: Second.
Mayor Suarez: Seconded by Vice Mayor Plummer. Call the roll.
Vice Mayor Plummer: What day of the week is this?
Mr. Joe Avalos: Sunday.
Vice Mayor Plummer: What time of the day?
Mr. Avalos: Eleven to 2:00.
Vice Mayor Plummer: And what street are you using?
Mr. Avalos: Biscayne Boulevard. Biscayne Boulevard. The DDA and the DMBA
have all been...
Vice Mayor Plummer: Let me just ask a question, because you're going to be
going through a lot of expense, I would assume, of police and all the rest of
it to close that off. Have you considered using Bicentennial Park where you
wouldn't need all of that police and...
Mr. Avalos: That was my first choice, but the course is too long for the
format of race we're using. The race course cannot be longer than 7/10ths of
a mile. I mean, you can't get anything less than 1.3 out of Bicentennial.
Vice Mayor Plummer: OK.
Mayor Suarez: Call the roll on that motion.
151 May 9, 1991
I'm Ila
Ow dv
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-368
A RESOLUTION RELATED TO THE MIAMI WHEELERS BICYCLE
RACE TO BE CONDUCTED BY THE MIAMI WHEELERS BICYCLE
CLUB ON SUNDAY, JUNE 2, 1991, AUTHORIZING THE CLOSURE
OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC;
SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS
OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES;
FURTHER CONDITIONING ALL APPROVALS AND AUTHORIZATIONS
GRANTED HEREIN UPON THE ORGANIZERS PAYING FOR ALL THE
NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID
EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN
THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
Mr. Avalos: Thank you.
46. SUPPORT AND ENCOURAGE PROPOSAL BY: MIAMI'S TALENT PREVIEW, CONCERNING A
HALF-HOUR TELEVISION (TV) SHOW GEARED TO CREATE OPPORTUNITIES FOR
MIAMI'S INTERNATIONAL PERFORMING COMMUNITIES.
------------------------------------------------------------------------------
Mayor Suarez: Item 38, Miami's Talent Preview. Don't thank us, thank the
Lord. Anyone here on... yes, we go. Yes, sir. Endorsement of Talent
Preview. Talent Preview, is that a wholesome, positive activity?
Mr. Serge Jean: Yes, sir.
Mayor Suarez: We endorsed it. What else you got?
Mr. Jean: We just wanted to present ourselves to you this afternoon and...
Mayor Suarez: OK, give us your name and anything else you want to tell us.
Mr. Jean: My name is Serge Jean, 430 N.W. 89th Street. This is my associate,
Joe Cuzan. Basically, we sat here listening to problems after problems, and
our approach basically, if you could read what's on the agenda there, it's
more enlightenment to the City itself. And...
Mayor Suarez: Enlightenment?
Mr. Jean: Enlightenment.
Mayor Suarez: Ah, we need that.
Mr. Jean: And it's a different taste to give you something to do instead of
worried about the daily problems we always have here.
Mayor Suarez: Please, please, please. Thank you.
152 May 9, 1991
Mr. Jean: We'd like to know if the Commission have any questions pertaining
to the Talent Preview that we may have.
Mayor Suarez: Do we have any questions, Mr. Manager? Does anybody have any
questions?
Mr. Odio: No.
Mr. Jean: Great.
Mayor Suarez: OK, no questions.
Commissioner Alonso: No, I think... do we need to take any action? If not,
we should support the idea...
Vice Mayor Plummer: Thirty-eight.
Commissioner Alonso: ...which is great.
Mayor Suarez: All right, I'll entertain a motion supporting the idea.
Commissioner Alonso: And I met with them, gave them some suggestions. We are
going to be working on certain things, and I think that in the future...
Mayor Suarez: You've look at it?
Commissioner Alonso: Yes, I did.
Mayor Suarez: Very good.
Commissioner Alonso: And they need more than anything else, some type of
guidance and how to go, and that's all that they are asking. So, if we need
to take any action, I don't think so, but if so, we should perhaps take a
vote, Mr. City Attorney.
Mayor Suarez: So...
Mr. Jorge Fernandez: They are not asking for anything specific...
Commissioner Alonso: No, just...
Mr. Fernandez: ...if your endorsement, and if they - sure.
Mayor Suarez: Our heavenly blessing and so on. Enlightenment, and everything
else, encouragement.
Commissioner Alonso: Indeed they have it.
Mayor Suarez: So moved by Commissioner Alonso. Seconded by Commissioner
Dawkins who moved the paper up and down, and that's close enough. Any
discussion? If not, please call the roll.
Mr. Jean: Great. Thank you.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-369
A RESOLUTION ENDORSING THE MIAMI TALENT PREVIEW, A
TELEVISION PROGRAM SHOWCASING MIAMI'S ARTISTS AND
PROMOTING MIAMI AS AN INTERNATIONAL 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:
153 May 9, 1991
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.
-------------------------------------------------------------------------
47. APPOINT VICE MAYOR J.L. PLUMMER, JR. AS MEMBER OF COCONUT GROVE STANDING
FESTIVAL COMMITTEE.
------------------------------------------------------------------------------
Mayor Suarez: Item 40, appointment of Commissioners, a member of Coconut
Grove standing Festival Committee. Why don't we just reappoint the person
that has been serving there?
Vice Mayor Plummer: No, no, no, no.
Mayor Suarez: I move.....
Vice Mayor Plummer: No, no, no, no, no.
Mayor Suarez: ...Vice Mayor Plummer.
Vice Mayor Plummer: No, no, no, please.
Commissioner Alonso: Second.
Mayor Suarez: Seconded by Commissioner Dawkins. Thirded by Commissioner
Alonso. Cali the roil.
Commissioner Alonso: Yes.
Mr. Jorge Fernandez: You got it, J.L.
Commissioner Alonso: He has done such a great job.
Mayor Suarez: Let the record reflect that the Commission really appreciates
the magnificent job you've done, and wishes to reappoint you against your own
wishes.
Commissioner Alonso: Yes, for life.
Vice Mayor Plummer: Do I have the opportunity to reject...
f
Commissioner Dawkins: Call the roll.
Vice Mayor Plummer: Shut up.
i
Commissioner Dawkins: Mr. Mayor, call the roll.
Vice Mayor Plummer: Do I have the opportunity to reject?
I
Commissioner Alonso: I don't think so, and majority rule.
Commissioner Dawkins: Call the roll, Mr. Mayor.
154
May 9, 1991
El
U
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-370
A RESOLUTION APPOINTING VICE -MAYOR J.L. PLUMMER, JR.,
AS AN EX-OFFICIO NONVOTING MEMBER OF THE COCONUT GROVE
STANDING FESTIVAL COMMITTEE FOR A TERM OF OFFICE
EXPIRING ON THE FIRST COMMISSION MEETING FOLLOWING THE
1991 REGULAR CITY ELECTION.
(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:
Vice Mayor Plummer: Nol (in jest!)
Mayor Suarez: By all means, yes.
-----------------------------------------------------------------------
48. APPROVE CODESIGNATION OF S.W. 55TH AVENUE ROAD FROM FLAGLER STREET TO
S.W. 57TH AVENUE AS: HOWARD F. ANDERSON WAY.
------------------------------------------------------------------------------
Mayor Suarez: Forty-one. Commissioner Alonso's request.
Commissioner Alonso: Yes.
Mayor Suarez: Codesignation of a street after Howard Anderson. I thought
that was already scheduled.
Commissioner Alonso: It was, it is, it has been approved, actually when we
requested to be in the agenda, it had not been approved. It has been
approved. I'm delighted to say that we are going to have a street given the
name of Howard Anderson, and it's a great honor that we're going to have it in
the City of Miami.
Vice Mayor Plummer: Where?
Commissioner Alonso: If we need to expedite anything that this take place as
soon as possible, what do we have to do?
Dr. Luis Prieto: It's not only expedited, I managed to do something almost
impossible. The County is going to give us the signs for free so he doesn't
have to pay anything.
Mayor Suarez: Ohhhhhhl
Commissioner Alonso: Wonderfull The County should do it for a man like that,
and we are very proud of all that he has done.
Vice Mayor Plummer: Tell me where it will be.
Commissioner Alonso: Fifty-fifth...
Mr. Bernard Barker: It's on 55 Avenue Road which goes across to 57th.
155 May 9, 1991
Vice Mayor Plummer: Oh, yes. From Flagler over to Red?
Mr. Barker: Right, it's about five three, right in front of the cemetery.
Vice Mayor Plummer: Yes. No, I know...
Mr. Barker: And it's a very appropriate street.
Vice Mayor Plummer: Yes, I know 55th. There's a park there.
Mr. Barker: That's right, there's a small park there.
Commissioner Alonso: That's right.
Mayor Suarez: Would you like to say something, Bonnie?
Mr. Barker: I would like to say something.
Mayor Suarez: Ahl You don't look like Bonnie, but...
Mr. Barker: And I would like to present Bonnie too.
Mayor Suarez: OK.
Vice Mayor Plummer: You know, let me tell you something.
Mr. Barker: She needs no...
Vice Mayor Plummer: Mr. Mayor, I would hope in this case as a starter, but
other cases in particular. There's a City park there, and so that people like
myself and others don't have to, twenty years from today, say, who was Howard
Anderson, I think there should be an appropriate plaque...
Commissioner Alonso: That's right.
Vice Mayor Plummer: ...that should be placed in that park, I think, would be
great.
Mayor Suarez: Please, let's do that so people remember the history and the
reason for the designation.
Vice Mayor Plummer: So that people can say... they can read that plaque and
say, hey, here is the reason that this City Commission thought enough to do
something. And here is a little bit of a history on this individual. I think
we should do that in all cases, I really think so.
Commissioner Alonso: That's right, that's right.
Mayor Suarez: Yes, and let's not do that retroactively because we'll have to
go back and explain a bunch of strange names that we have there of former...
Vice Mayor Plummer: Yes, like Luis Sabines Way.
Mayor Suarez: Yes, I wouldn't want their...
Vice Mayor Plummer: Who could put on a plaque what Luis Sabines represents?
Commissioner De Yurre: Yes, five hundred years from now, who was Luis
Sabines, huh?
Mayor Suarez: We'll do this prospectively.
Commissioner De Yurre: They'll know.
Commissioner Alonso: And we should give a resolution from this Commission...
Mayor Suarez: Yes.
Commissioner Alonso: ...so that Bonnie Anderson can have it, his daughter.
Mayor Suarez: All right.
156 May 9, 1991
0 0
Vice Mayor Plummer: I think you ought to get the... you have the Historical
Society or whoever, that could write this plaque for you and could be erected
at the time of the dedication of that way.
Mayor Suarez: OK. Anything else? We've said everything for you.
Vice Mayor Plummer: Bernardo, quit while you're ahead.
Mr. Barker: You've said everything for me, but I think that there's a lot of
people that don't know who....
Mayor Suarez: Would you put your name on the record for those that don't know
the...
Mr. Barker: My name is Bernard Barker. I'm an ex -City of Miami employee, I'm
retired. And I'm an ex member of the American Community of Cuba. In Cuba I
was an American. Here I'm a Cuban. And it's very appropriate...
Mayor Suarez: Where's Pat Keller when we need her?
Mr. Barker: ...that we do this in this street in a Cuban neighborhood, and in
front of a cemetery where the greatest percentage of those who rest there are
Americans - or Cubans from the exile community in Miami. And this is
something that I want Suarez and Alonso and De Yurre to present to Mr. Dawkins
and to Mr. Plummer, because this is something backed by the Cuban people. And
we want you to know that how greatly we loved this great American that went
out there. First of all, Howard F. Anderson was a Chief Petty Officer in
Naval Intelligence attached to the embassy of Havana. He took his family out
of there during the era of the Bay of Pigs, brought them to Miami. Bonnie was
just a little girl then. And then went back to do the job that he had to do
for his country and for the cause of the liberation of Cuba. And in those
efforts, he gave on the 19th of April, 1961 - two days after the Bay of Pigs -
his last devotion to the cause of the liberation of Cuba. And today we want
to honor his memory and perpetuate his memory in this street like saying to...
like the Cuban people saying to the American people, after 30 years he stands
tall in our hearts. We have never forgotten him. We shall never forget him.
Just like we will never forget this country and very especially the City of
Miami in our hour of greatest need have opened their loving hearts and
generous arms to the Cuban people. So it is with great honor that I'm going
to ask the daughter of this great American to stand up.
Mayor Suarez: Bonnie.
(APPLAUSE)
Mr. Barker: Following her father's tradition, she has just returned from
being a war correspondent in the Gulf. She is also a great American.
Ms. Bonnie Anderson: I'll be brief. I'm extremely touched, and I want thank
all of you (APPLAUSE) just thank all of you on behalf of my mom and my
brothers and my sisters. Thank you.
Vice Mayor Plummer: Very nice.
Commissioner Alonso: And we have a resolution to present.
THEREUPON, COMMISSIONER ALONSO READ THE RESOLUTION INTO THE PUBLIC
RECORD, BY TITLE ONLY.
I'd like to read also some parts of the resolution that we never do, but I
think it's appropriate in this case.
"Whereas Howard F. Anderson, a citizen of the United States,
represents liberty as well as freedom to all American men who have
served this great country, and whereas Howard F. Anderson can be
identified with the same men who sacrificed their lives more than
30 years ago in the Bay of Pigs invasion in Cuba, and whereas it
is only fitting to demonstrate our appreciation on behalf of all
citizens of the City of Miami, to remember Mr. Anderson by
codesignating a street after him."
Mayor Suarez; Very good. So moved.
Vice Mayor Plummer: Second.
157 May 9, 1991
Mr. Barker: This ceremony is planned. The committee for this is planning on
dedicating this street on May the 20th of this year at 10:30 in the morning.
I think the day is most appropriate. That's the Cuban Fourth of July, the
day.
Mr. Odio: Mr. Mayor, I want to say, I never do this, but I happen to have
been a friend of Howard Anderson and I think that you are honoring a great
man. He was really truly a good man.
Mayor Suarez: All right. Thank you for all the remarks, and I'm sure Bonnie
who has documented many, many aspects of his life, as well as her visits to
his tomb and everything else, will make available all of the history. Call
the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-371
A RESOLUTION CODESIGNATING SOUTHWEST 55TH AVENUE ROAD
FROM FLAGLER STREET TO SOUTHWEST 57TH AVENUE, MIAMI,
FLORIDA, AS "HOWARD F. ANDERSON WAY"; FURTHER,
INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS
RESOLUTION TO AFFECTED 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
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
49. (A) AUTHORIZE FINAL NEGOTIATIONS FOR LEASE OF OFFICE SPACE IN DUPONT
PLAZA BUILDING, TO CONSOLIDATE ALL CITY DEPARTMENTS PRESENTLY
LEASING AT DIFFERENT LOCATIONS.
(B) INSTRUCT MANAGER TO PREPARE REQUEST FOR PROPOSALS (RFP)
CONCERNING CONSTRUCTION OF A NEW ADMINISTRATION BUILDING FOR
CONSOLIDATION OF ALL CITY DEPARTMENTS - DIRECT MANAGER TO
EXCLUDE POSSIBILITY OF ACQUIRING AN EXISTING BUILDING OF SIMILAR
GENERAL SPECIFICATIONS AS THOSE CONTAINED IN THE RFP. (Manager
to present the specifications at Commission meeting on June
13th.)
Mayor Suarez: Item 42.
Mr. Odio: Oh, yes. Leases.
Commissioner Alonso: Mr. Bailey.
Mr. Odio: We sent you a memo last night. Sorry it was this late. We had
very late negotiations going on, and I'll let Mr. Bailey explain what we came
up with.
Mr. Bailey: On 42? As
per your instruction at the last Commission meeting,
we held discussions and
negotiations with
the three proposers for interim
office space. One was
Jordan Marsh, who,
incidentally, sent us a letter
backing out of the deal.
They thought that
the type of space that we needed
s,
158
May 9, 1991
was not an economical deal for them so they decided to withdraw their offer.
We have talked with the Miami Downtown Center - I think I'm calling it right -
at 200 South Miami Avenue. We have visited the site, and we have talked with
the representative from Cushman -Wakefield that is the broker for the site. We
have had some discussions with the attorney from Fine, Jacobson that
represents Cushman -Wakefield on the site. We have walked the property at the
DuPont Plaza, and we have had a considerable amount of discussions with the
representatives of DuPont. We've talked about all of the things that you've
asked us to consider. The amount of parking that would be given in the lease,
and the cost for the space. The amount that would be allowed for tenant
improvements, and the base rehab of the building. You also, in the last
Commission meeting, asked us to come back with a recommendation after looking
at all three of the proposals, and we have done that in the memorandum which
each one of you have. The rationale behind our decision is based on pure
factual information that was given to us, and that information that we could
determine from our own site visit. What we have in this document that we have
submitted represents our best effort in terms of negotiating a reasonable
price, or fair price, cheap price with each one of the proposals. And what
you have in summary is that based on our evaluation, we have recommended that
we consider the space at the DuPont Plaza. The both remaining proposers which
is the Downtown Center and the DuPont Plaza, economically were not too far
apart. There were some discrepancies that caused us a lot of concern. One
was parking and both entities will have to provide some off -site parking.
However, at the Downtown Center, the on -site parking that they have was 60
spaces, with a commitment from private owners that they would provide another
290 spaces. At the DuPont Center, the commitment is for 200 spaces on site
with a commitment to provide another 150 spaces off -site for which 150 of
those spaces is in one of our own garages. They have also provided to put in
25 hours per day of parking spaces for visitors.
Commissioner De Yurre: Let me ask, the 150 in our own parking garage they
would lease from us? -the 150 so that we could use them?
Mr. Bailey: We would have to pay for 150 spaces. Their lease offered us a
base 200 spaces free.
Commissioner De Yurre: So they're not giving us anything then.
Mr. Bailey: Two hundred spaces free.
Commissioner De Yurre: But they're not giving us the 150.
Mr. Bailey: The 150 is at $40 per space.
Commissioner De Yurre: That we're paying to ourselves.
Vice Mayor Plummer: Is that guarantee?
Mr. Bailey: The $40?
Vice Mayor Plummer: For the term of the lease, is it guaranteed for the
term...
Mr. Bailey: We have the offer of the space, and the DuPont Plaza did indicate
that the $40 was for the term of the lease. However, that offer did come from
the CenTrust Building, from our own Tony Pajares over at the Convention Center
where we had that available space there.
Commissioner De Yurre: I'm confused, Herb.
Mr. Bailey: OK.
Commissioner De Yurre: Now, what the prior example that you gave us, you were
talking about 290 spaces. Is that what you said?
Mr. Bailey: It was always offered as 200 free spaces.
Commissioner De Yurre: No, not the DuPont. The prior example that you gave
US.
Mr. Bailey: The prior is that they only have 60 spaces...
1 41
Commissioner De Yurre: OK.
Mr. Bailey: ...associated with the site. They indicated they would guarantee
another two hundred and...
Commissioner De Yurre: Ninety.
Mr. Bailey: ...ninety spaces off site from other private operators.
Commissioner De Yurre: At what price?
Mr. Bailey: It's free.
Commissioner De Yurre: Free.
Mr. Bailey: Yes.
Commissioner De Yurre: So we're talking about 350 parking spaces for free.
Mr. Bailey: Three hundred fifty free spaces according to their proposal, yes.
Comnissioner De Yurre: Compared to the DuPont Plaza's 200 free.
Mr. Bailey: Right.
Commissioner De Yurre: Because the other 150, we got to pay for.
Mr. Bailey: That's correct.
Commissioner De Yurre: OK, I just wanted to be clear.
Mr. Bailey: That's a negotiating point.
Commissioner Alonso: And 25 valet, right?
Mr. Bailey: How's that?
Commissioner Alonso: Twenty-five valet parking free.
Mr. Bailey: And 25 for guests. For guests.
Vice Mayor Plummer: That's at the DuPont Plaza?
Commissioner Alonso: Yes.
Mr. Bailey: That's at the DuPont Plaza.
Vice Mayor Plummer: Now...
Mr. Bailey: Now, I have not finished with the analysis. I will stop if you
want me to.
Commissioner De Yurre: Well, no, keep going because...
Vice Mawr Plummer: No, if you're going to get into relocation, cost is where
I want to get.
Mr. Bailey: All of the cost, yes. The items that you asked us about...
Vice Mayor Plummer: Because I assume relocation costs would be the same
regardless of what basic building you went to.
Mr. Bailey: Regardless of where you went, you would have the same relocation
costs, at least for the communications and the computer equipment, considering
the distance was downtown from the locations that we are. It would be pretty
much the same regardless of where we went. The other analysis that we went
through, and we went through it very thoroughly. It was just comparing
building to building. And it's in our opinion that we were comparing apples
to oranges. Because the downtown building, Downtown Center, is a building
that was originally built for commercial use. It's more of a warehouse and
not being derogatory about the character of the structure, but I was comparing
that to a building that is already an office building. We did give all of the
160 May 9, 1991
benefit of the doubt for the base building renovation that the proposer was
willing to make. They were willing to make a substantial amount of
renovations. However, even under the best circumstances, we would be
occupying two floors and I could get no indication as to what would be on the
other two floors in the building.
Vice Mayor Plummer: Which building are you speaking of?
Mr. Bailey: The building at 200 South Miami Avenue, the old Miami Herald
building.
Vice Mayor Plummer: The old Herald building. OK. All right.
Mr. Bailey: We looked at the interior structure of the building, and we
noticed that, in our opinion, there is a lack of windows. However, there are
some windows in the building, but of the type that you would have in a normal
office setting. The windows are high up. You do get some natural light. The
majority of the space that would be occupied is in the interior of the
building, and in our opinion, that would be a little claustrophobic. We
looked at the traffic access to the building in terms of those original 60
spaces that they are going to provide us with as compared to the access to the
DuPont Building, we felt that the DuPont Building was much more of advantage
in terms of the traffic access. The amount of tenant improvements that were
proposed is substantially more than the DuPont Plaza. However, the
difference, we think, is because of the condition of the building. At $15 per
square foot, tenant allowance comes to a little over a million dollars, and I
guess that would perhaps might be needed if we were to go into a building
that's totally gutted and would have to be rebuilt. However, they did make an
overture as that if we did not use it all for the tenant improvements, it
could be used for any other costs that we saw fit, probably to reduce some
other expense in terms of moving.
Vice Mayor Plummer: Let me understand. You're saying they're going to give
us, or offering us, $15 per square foot?
Mr. Bailey: Tenant improvement. On the page on your sheet we have it there
based on that proposal.
Vice Mayor Plummer: The original proposal was five?
Mr. Bailey: No, the original proposal from the DuPont Plaza for a five year
lease was $5 per square foot. The proposal that they sent to us after the
last meeting contained the $15 allowance for tenant improvements.
Vice Mayor Plummer: All right, are you going to get to this? -because this
is, as I understand...
Mr. Bailey: Everything I'm saying is in this document that you have.
Vice Mayor Plummer: OK, the point I'm trying to get to is you show here in
this Exhibit B...
Mr. Bailey: OK.
Vice Mayor Plummer: I see two numbers.
Mr. Bailey: Yes.
Vice Mayor Plummer: One is 213,000 and the other one is a hundred and
seventy...
Mr. Bailey: What happened was that the two hundred...
Vice Mayor Plummer: A hundred and seventy-five.
Mr. Bailey: The first exhibit includes all of it. The one seventy-five was
just a justification sheet that we were using. We attached it to the package.
But the total moving cost was $213,000 which includes computers and the
peripherals that goes with it, and also the telephone lines which you see
broken down in items one, two, three, and four.
or 4r
Vice Mayor Plummer: A lot more than the fifty thousand that was mentioned at
the last meeting when I told you, you all were crazy.
Mr. Bailey: Yes, well there's another cost we haven't finished. And the cost
that we were talking about at the time, and it might have been my
misunderstanding, was for moving of furniture and pictures. Furniture costs,
we've had the Procurement Department send out three moving companies. We got
three bids, and the lowest cost that we got for moving was $31,000 for moving
the desks, file cabinets, and etcetera. 1 have had a discussion with the
DuPont Plaza since those costs have come in, and they have indicated they
would pay for the moving costs of the furniture and fixtures.
Vice Mayor Plummer: From the $15 per square foot? -or additional?
Mr. Bailey: No, no, the $15 is the Downtown Center.
Commissioner Alonso: It's not the DuPont.
Mr. Odio: Let me clarify it. The DuPont is not offering $15 a square foot of
tenant improvement.
Vice Mayor Plummer: OK, well then what are they offering?
Mr. Odio: I believe $5.00.
Mr. Bailey: Five dollars - it's four dollars and fifty cents.
Mr. Odio: Four -fifty.
Mr. Bailey: Four -fifty a square foot.
Vice Mayor Plummer: Which would amount to a total of how much?
Mr. Bailey: Four -fifty times ninety thousand. It's some three hundred and
sixty some... three hundred and thirty-eight thousand. We calculated what we
could do with that based on the square foot cost for carpeting, painting, and
partitions.
Vice Mayor Plummer: So your estimated cost then would come in at roughly
$250,000, moving everything.
Mr. Bailey: For moving everything, or roughly $250,000 if we take the lowest
bid, yes.
Vice Mayor Plummer: OK, and their offer is over three hundred.
Mr. Bailey: No, let me go through it again.
Commissioner Alonso: You're talking about two different things now.
Mr. Bailey: Let me explain it and... The costs for tenant improvements, which
is being allowed for our own design, is $4.50 a square foot which comes to
$338,000, or something that type. The cost for moving furniture, desks, file
cabinets, and what not, represents $31,000 at the lowest bid. They have
offered to pay both of those items. The cost of moving furniture and fixtures
which is about $31,000 for the lowest bid, and the cost for tenant improvement
which is a tittle over $300,000.
Vice Mayor Plummer: OK.
Mr. Bailey: We negotiated that up from $4.00 to $4.50. I think after a lot
of discussion and haggling back and forth, at this point in time what we have
prresented to you is our best effort. Your concern about the cost of moving, I
think I've just gone over that. I'd be glad to answer any more questions
about that. We think that under break neck speed, we could perhaps have
regardless of where we go, the move completed in about 120 days. However, the
two buildings offered different scenarios in terms of time. One building will
probably have to go through a complete gut. Another building would require
less interior renovations and I think that maybe their representative, their
counsel, may want to refer to that or dispute that and I guess they'll get
their chance to speak. But in our professional opinion, based on the past two
weeks of being very much involved with all of the proposals, we think that
162 May 9, 1991
k�
when we compare the facts - just purely the facts - on the numbers, the type
of building, and the other criteria that we go through in terms of good
employee space, it came out that the DuPont Plaza had the edge, and we're
recommending the DuPont Plaza.
Commissioner Alonso: Mr. Bailey, in Exhibit A where you have the AmeriFirst
where the Law Department is, the amount that appears that they pay actual
rent, they are paying much higher than that. Actually Mr. Fernandez told me
that it would be $338,336 rather than two forty-five as it shows here. So
it's even better.
Mr. Bailey: Right, it's even better. You see that...
Commissioner Alonso: It's more of a savings for the City, whatever direction
we go.
Mr. Bailey: Yes, we had the contract amount. Yes, we had the contract amount
here. There would be some additional savings.
Commissioner Alonso: Also we have less departments here. Originally we were
thinking of moving more people and it was going to be more of a savings.
Vice Mayor Plummer: Well, that's one of the things. I know we need to rent
the space, OK? But I don't find a savings in the fact that you have 45,000
square feet presently being used in the old police station. And that's what I
understand is over there, approximately 45,000.
Mayor Suarez: No, no.
Mr. Bailey: No.
Mayor Suarez: Forty-five thousand?
Mr. Bailey: No, no. We're using 23,500 what we're using over there.
Vice Mayor Plummer: How much?
Mr. Bailey: Twenty-three thousand, five hundred.
Vice Mayor Plummer: OK, now, we own that building, and I don't see any
savings when you're going to be moving people out of a building that we own,
we're not paying rent on. We're paying rent...
Mr. Odio: You could use that argument, but for one thing is, that if we...
Vice Mayor Plummer: You know, we'd like to sell the building, but
unfortunately, nobody bid for it.
Mr. Odio: No, the fact is that we need to spend quite a lot of money in that
building to maintain it. We don't know if it has asbestos.
Vice Mayor Plummer: OK.
Mr. Odio: We're talking at least $500,000 of improvements to the building to
make it acceptable for work... the working conditions should be accept...
Vice Mayor Plummer: All right, well even if you spent $500,000...
Mr. Odio: But even by moving them, and paying rent for them, you're still
saving over a million dollars a year compared to what we're doing now.
Vice Mayor Plummer: Well, but I'm not arguing that point. The point I'm
trying to make is...
Mr. Odio: And you have all the departments together.
Vice Mayor Plummer: ...is that as far as I'm concerned, we own that building.
Mr. Odio: We own...
Vice Mayor Plummer: Now, if you move those people out, what are you going to
do with it?
163 May 9, 1991
14:
5
Mr. Odio: I've said it all along, we should sell it.
Vice Mayor Plummer: I agree, but we had no bidders.
Mr. Odio: Yes, we do.
Vice Mayor Plummer: It just doesn't... you know, OK, I'm not arguing that
point. I'll argue that, who moves and who don't as a second issue. OK? Now,
the point that I'm making, I guess or I want to make is, what are you
recommending to the years of the term?
Mayor Suarez: I presume...
Mr. Bailey: We're four years, fixed lease with one year option to renew for
the fifth year at a reduced rate with... We have four options if we want to
exercise after that. We can exercise at any point in time for a five year
period if we want to.
Mayor Suarez: Well, did we try to negotiate a shorter period, renewable at
our option every year?
Mr. Odio: If you go, the lower in years you go, the higher the price.
Vice Mayor Plummer: The more you're going to pay.
Mayor Suarez: Did we try to negotiate...
Mr. Odio: Yes.
Mayor Suarez: ...a lower term so we wouldn't have to make a four year
commitment?
Mr. Odio: The three years, the price...
Mr. Bailey: And we talked about a shorter period of time. The shorter the
period, the more expensive the lease.
Commissioner De Yurre: Herb, why don't you get into the RFP that you're going
to present to us today? -for the construction.
Mr. Bailey: The RFP... I'm not presenting an RFP to you today for the
permanent site for two reasons. One reason is that we just didn't have the
time to do it. And let me explain time..
Commissioner De Yurre: But let me understand one thing. The motion that
passed here with this issue was to come back, make an analysis of what we're
talking about right now, and to come back with an RFP.
Mr. Bailey: With an RFP for the permanent site.
{ Commissioner De Yurre: In order for me to make an intelligent decision on how
long the lease is going to be, and the terms of the lease, I have to know
where I stand with the RFP, because that's our long term goal. Our eventual
goal is to build. And I have to know whether it's going to take three, or
four, or five years to do, or where we stand.
Mr. Bailey: You won't know that from an RFP, Commissioner.
Commissioner De Yurre: Well, you'll know... What will we know from an RFP?
Mr. Bailey: You'll only know from an RFP what our specifications are and what
we're asking someone to come in and bid and how we intend to pay for it. And
the RFP will specify, give us some time to make a selection on a bidder or
bidders, and at that point in time after you make an award, we go in with the
development and construction scheduling. That is when you find out the amount
of time you will have to build another building.
Commissioner De Yurre: But you have to have an idea, and you have to have an
idea how long it's going to take to build.
Mr. Bailey: It's going to take you a minimum four years.
164 May 9, 1991
Mayor Suarez: Yes, you certainly can't do it without having the basic
specifications of the building you're going to need. That's for sure.
Mr. Bailey: You're not going to have that in an RFP.
Commissioner De Yurre: Well, when are we going to know how long it takes to
build what we want?
Mr. Bailey: When we make a selection. When we go out for the bid, and that's
going to be a matter of discussion in here too because there are some who have
_ made a submission that contends that you have already issued an RFP, and that
is a matter for which the Law Department, and will be discussed after we
decide on the interim space. But you will not know through an RFP process how
long it's going to be before you will be moving into a permanent space.
Mayor Suarez: You can, if you specify that as the maximum term of the amount
of time, you know, that the contractor can take to build for you with the
guarantees that we would build into it.
Mr. Bailey: After we make an award.
Commissioner De Yurre: There has to be something, Herb, that can tell me that
it would take "X" number of months from point A to get to point Z.
Mr. Bailey: It's going to take you 48 months, Commissioner.
Commissioner De Yurre: Forty-eight months?
Mr. Bailey: Yes.
Commissioner De Yurre: A whole four years.
Mr. Bailey: Four years from the time of the initial process to the time of
completion with a CO, if we're lucky. Because there's a matter of financing.
At the bonding process we have to go through a certain amount of guarantees to
first to determine how we want to pay for it. And we have presented to this
Commission before several scenarios on how we're going to pay for it.
Vice Mayor Plummer: Herb, back off now a tittle bit, all right? And that...
Mayor Suarez: Vice Mayor. Mr. Vice Mayor, I'm sorry. Do you yield?
Commissioner Dawkins is going to wait and then say something.
Commissioner De Yurre: Well, I have a number of questions too as to the
financing...
Mayor Suarez: All right, I'm just trying to follow some sort of an order.
Commissioner De Yurre: ...because I've heard people that are willing to say,
we'll build it for you. You don't have to worry about the financing.
Vice Mayor Plummer: That was the point I was making, or wanted to make.
Mayor Suarez: All right.
Mr. Bailey: Well, we're not recommending any type of financing until we come
up with an RFP, and the RFP will indicate that. And that's a decision that
we'll discuss here with you. And we will give you the alternatives and the
consequences of each selection you make. We've already hired a big eight CPA
firm to give us several recommendations.
Commissioner De Yurre: So then we get back there, until we have an RFP that
we have some notion of how long it's going to take.
Mr. Bailey: It's going to take you 48 months, Commissioner.
Commissioner De Yurre: Well, yes, I hear some people will build it... the
Mayor said that we can have it done in 18 to 24 months.
Mr. Bailey: That's not a matter of building. I said the process.
Mayor Suarez: And less, but I'm not going to argue about it because I'm
against the whole idea. Commissioner Dawkins. Did you finish your line of
inquiry, Commissioner De Yurre?
Commissioner De Yurre: Well, J.L. wanted to say something, so...
Vice Mayor Plummer: No, the only thing, you know, that I wanted to... 1 yield
to Commissioner Dawkins.
Mayor Suarez: All right.
Commissioner Dawkins: You know, I am a little disturbed by the action that
we're doing here. We, ourselves, chose a Commissioner to go out, make a
survey, and determine what to do. That Commissioner went out, came back with
} a recommendation, we sat up here and said, go back, restudy it, and the
Commissioner... the staff came back with the same recommendation. Now either
we got to "fish or cut bait." Either we are sincere or we are playing.
Either we're going to do something, or we're not. Now, either you mean to
rent space or you don't. If you don't, say so today, and let's don't continue
to pussyfoot around. Now, I'm going to see how sincere we are, and whether
you believe in the recommendation of the person whom we chose to make a
recommendation. I move that we lease the space recommended by Commissioner
Alonso and sustained by the Manager and that we then go out for an RFP for a
permanent building. That's my motion.
Mayor Suarez: So moved.
Vice Mayor Plummer: Mr. Mayor, I'm going to second that motion and this is
going to sound strange, but I have to have this guarantee. Mr. Bailey, some
people thought it was a joke, but I, as a Commissioner, am not going to go to
that building without parking provided for this Commission. Has that matter
been addressed?
Commissioner Alonso: Yes, it has.
Mr. Bailey: It has, and that will be...
Vice Mayor Plummer: You know, one of the things that irritates me today. If
I go to the City Attorney's office, or I go to the City's DDA office, I'm not
complaining about paying rent, or paying the parking fee. But I think it's
ludicrous that a City Commissioner, who wants to go to an office of its own
City has to pay rent or not have a space provided.
Mr. Bailey: There will be six spaces.
Vice Mayor Plummer: So I would definitely, in seconding this motion, make
sure that there are five spaces set aside so that any time, or at all of us
a' want to go there for any kind of a meeting, that there is parking available
for the members of this Commission. Now, under further discussion. I see
this as two issues. I see it one issue as the recommendation of Commissioner
Alonso, who put a lot of time and effort into this. And that is basically, at
this point, the rental space. The second is what we want to do on a long term
basis. And that is something that we will have to address in a separate
issue, because I don't disagree that it would unfortunately take 48 months to
do it. I've been around here too long to understand that they can do anything
any quicker. It's unfortunate, but that's the way how it operates, so I have
no....
Mayor Suarez: OK, the motion as stated does include both issues in a sense,
because - not in a sense - it does include both issues. It accepts a
recommendation on leasing as per the terms recommended by the Manager, and
calls for, you know, the beginning of the process towards an administration
building.
Vice Mayor Plummer: Mr. Mayor...
Mayor Suarez: So I'd much rather separate them, to tell you the truth. But I
think...
Commissioner Alonso: We did last time, Mr. Mayor...
Mayor Suarez: Yes, I'd much rather separate them.
Commissioner Alonso: ...we did that last time as you recall, in the first
one, the rental, you voted in favor.
Mayor Suarez: Right.
Commissioner Alonso: And the second one, you did not agree with the motion.
Mayor Suarez: Right.
Commissioner Alonso: So we did separate that last time.
Vice Mayor Plummer: Mr. Mayor...
Mayor Suarez: Right. And I appreciate that. Yes?
Vice Mayor Plummer: I'm an old diehard. The gentleman that's here
representing the Alfred I. DuPont Building. Is he here?
Mr. Stephen Bittel: Yes, sir.
Vice Mayor Plummer: Would you come to the microphone? This has nothing to do
with the rental. No, it doesn't.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Vice Mayor Plummer: No, I still do. OK? Sir, you made a statement to me on
the record today that I don't want to be excluded by the conversation that has
taken place here today about the purchase of the Alfred 1. DuPont Building
excluding the first floor, but including 500 parking spaces. Am I correct in
stating what you told me today that you felt that that facility could be
bought for between five and six million dollars?
Mr. Bittel: That's correct.
Vice Mayor Plummer: OK, now, the only reason I'm bringing this up is that the
talk is building, only building, a new building. I don't want to exclude the
fact that this is 280,000 square feet. OK?
Mayor Suarez: I think on the motion, properly...
Vice Mayor Plummer: All I'm saying is, Mr. Mayor, you know, I heard my fellow
Commissioners before, 4 to 1, say no to Alfred I. DuPont Building in the
future. But I'm saying, at that time, we were talking about $15 million
dollars. Today, if, in fact, this man who rep.... Do you represent them, sir?
Mr. Bittel: That's correct.
Vice Mayor Plummer: You represent them.
Commissioner De Yurre: What's your name?
Mr. Odio: Well, Commissioner, I'm...
Mayor Suarez: Go ahead, put your name on the record, Steve, please.
Vice Mayor Plummer: OK...
Mr. Bittel: My name is Stephen Bittel, I'm the president of Terranova
Corporation. I'm the managing agent for the building, 169 East Flagler
Corporation, my address is 2665 South Bayshore Drive.
Vice Mayor Plummer: OK. All I'm asking, Mr....
Mayor Suarez: Let me try to clarify the situation we're in. If I could ask
the Commissioners to first vote on the recommendations on leasing, and split
the motion that way, then we get into the issue of whether the second motion,
which is to move forward on construction of a building, excludes that
possibility.
Vice Mayor Plummer: That's what I'm trying to pro...
167 May 9, 1991
Mayor Suarez: And I would like, at that point, and I would request of my
fellow Commissioners that they generally outline the kind of building that
they would like to see, and see if that fits within those parameters. Keeping
in mind that that building will have to undergo certain renovations. It's not
just a matter of acquiring it.
Vice Mayor Plummer: Approximately $3 million dollars in renovation.
Mayor Suarez: Well, and then we have to harden those figures. It can't just
be what Terranova - with all due respect to my friend Stephen Bittel and any
other people in the audience that may have an interest in that particular
building back there, etcetera - are able to say today, it would take a certain
process, and it should not delay unduly the consideration of something which I
happen not to favor, but the Commission does by a four -to -one majority, which
is the construction of a new building.
Mr. Odio: But, I need to...
Commissioner De Yurre: Mr. Mayor, Cesar before...
Mayor Suarez: Is that a fair...
Commissioner De Yurre: You know, I'm trying to figure this out, and if we
were to vote...
Mayor Suarez: ...handling of it?
Commissioner De Yurre: ...if we were to vote for leasing right at this point
in time, I have a problem in that, that time factors have not been delineated.
Mayor Suarez: I think it's way too long as it's presented. I'd much rather
go to a two or three year at most.
Commissioner De Yurre: Well, but no, to begin with, for example, if, for
example, this were to happen - what we're talking about that just came out of
the blue at this moment - if this were to happen, you figure that within...
Mayor Suarez: Sure.
Commissioner De Yurre: ...a year to 18 months at the most, we'd be moving
into this facility. So...
Mayor Suarez: Yes, that scenario would militate in favor of us having the
ability to rent Skippy's space for a year, a year -and -a -half, two years, and
always at our option, to end it, you know. Although it takes a certain amount
of money to move in there too and we don't...
Vice Mayor Plummer: Mr. Mayor, T. hope you understand that my point was simply
that the conversation here was only conversation relating to building a new
building. I did not want to exclude the possibility of buying an existing
building, whether it's this one or something else.
Mayor Suarez: That's exactly on point. Exactly on point.
Vice Mayor Plummer: OK? That's the point I was trying to make.
Mayor Suarez: Yes.
Commissioner Alonso: I have some questions. In the proposal that you are
presenting to us now, when you say that you are separating the building, the
first floor from the rest of the building, it's because of a certain
transaction that we have heard it's taking place in reference to the building.
Do you have a contract right now...
Mr. Bittel: There's no transact...
Commissioner Alonso: ...for purchase of that building or not?
Mr. Bittel: No, the owners of the building could file condominium documents
and sell the separate components of the building separately.
Commissioner Alonso: But they haven't.
168 May 9, 1991
Mr. Bittel: They have not, but that's a mere formality, and there are lots of
highly paid lawyers in the room that would love the chance to do that.
Mayor Suarez: She just wants to know if it's happened yet, so that we know
that it precludes...
Commissioner Alonso: Yes, I just want to know if the people who are buying
the property or what we have heard, let's...
Mr. Bittel: Let me correct you. If there are any misconceptions, there are
no present purchase offers pending on the building.
Mayor Suarez: OK. Very good.
Commissioner Alonso: OK.
Mayor Suarez: Commissioner De Yurre, on the issue of... and then we're going
to hear from...
Commissioner Alonso: And one more question. The parking...
Mr. Bittel: I don't know, it was just reduced. Oh no, no, no. Excuse me,
Manager Odio asked me what we were paying in real estate taxes on the building
a year, and he said $2 million dollars, that...
Mr. Odio: No, I don't know.
Mr. Bittel: Oh, no, no, no, Far, far, far less. I believe the assessment
was just reduced about ten -and -a -half to $11 million dollars.
Vice Mayor Plummer: Excuse me, Mr. Bittel, it was not my intention to get
into what you may or may not do with your building. All right, sir? All I
wanted to do was to make sure it wasn't excluded.
Commissioner Alonso: Yes, because that's important. The taxes is important.
Mayor Suarez: Well, it's a good thing that that brought that up. It's a good
thing they brought that up, J.L. I mean, you got to admit that that's got to
be thrown into the equation if we lose...
Vice Mayor Plummer: The second part.
Mr. Odio: See, you lose a million -and -a -half a year revenues.
Mr. Bittel: But that's... which is not true.
Commissioner Alonso: The taxes that we will lose, it's an important point
that we have to take into consideration. It's revenues that we lose.
Vice Mayor Plummer: If we build our own, we lose the taxes.
Commissioner Alonso: That's so too.
Mayor Suarez: All these things have to be considered, Mr. Manager. We're not
going to compare apples to oranges. We're going to compare apples to rotten
apples.
Commissioner Alonso: Yes, and one last question. Valet parking, all the
parking is valet parking in that building, isn't it?
Mr. Bittel: That's correct. There's a 500 car garage.
Vice Mayor Plummer: No, it is not all valet parking.
Commissioner Alonso: That's what they tell...
Vice Mayor Plummer: I've watched lawyers drive their cars up there on a
monthly basis all of the time.
Mr. Bittel: Commissioner Plummer, in all due respect, it's a single ramp
garage and with the exception of two ground floor spaces - usually I use one
of them when I'm there - it's an all valet.
169 May 9, 1991
A 4
Mayor Suarez: And the other one is reserved for the Mayor of Miami.
Mr. Bittel: No, for the operator... that's right. Let me suggest. 1 did
send a letter earlier in the week, and 1 do think on an interim basis while
the City was investigating this, they could rent in this building for about
$175,000 a year less than they would pay under the current proposal. So we're
talking about a total savings to the City over a five year period of almost
$900,000.
Mayor Suarez: I don't think we're going to undo - with all due respect -
everything we've gone through at this point to try to compare that particular
offer to the one on the table. Not to mention that that building is not quite
as accessible as the one we're talking about, and that we have existing City
departments in the one we're talking about. Many, many other items. But
anyhow, if you want to put that on the table for the record, you may do so. I
think you have.
Mr. Bittel: I've attempted to put it on the table with a letter to
Commissioner Alonso with a copy to...
Mayor Suarez: That's right.
Commissioner Alonso: You always did, from the very first time.
Mr. Bittel: Pardon me?
Commissioner Alonso: You people offered the building from the very first
public hearing that we had. Yes.
Mr. Bittel: That's correct, and it was...
Mayor Suarez: Maybe not at exactly those terms, but maybe a little higher
and...
Commissioner Alonso: Higher prices, but they did.
Mr. Bittel: We've just been unable to engage anyone in any kind of
conversation or form, and we can't understand how the City would go out and
spend 5.5 million dollars in rent over a five year period without a real
request for proposals. I mean, they wouldn't do it on sewers, they wouldn't
do it on landscaping, they wouldn't do it on roads, but they're prepared to do
it on rent. And I'm at...
Mayor Suarez: Well, it's a heck of a lot better than what we did up to now.
{ Commissioner Alonso: Do you know that we've been doing that... But we've
been doing that all the time. We are renting spaces all over the City of
Miami.
Mayor Suarez: This is the best we've ever done. We've had a...
Commissioner Alonso: This is the best with public hearings, notifications.
Mayor Suarez: ...modified open bidding process.
Commissioner Alonso: We never did that before. This is the first time.
Mayor Suarez: And we think we have followed formally the procedures for
negotiated bidding. Have we not, Mr. City Attorney?
Commissioner Alonso: Well, not quite...
Commissioner Dawkins: And since he want to talk...
Mr. Fernandez: You have... The system you have devised, you have followed
very well.
Commissioner Dawkins: Since you're talking about negatives, I definitely
don't see how you could come in and offer me a building where you're going to
retain rental on the bottom floor, top commercial rent and then tell me that I
can have the floors above that. You know, and then tell me you're doing me a
big favor.
I'll
Mayor Suarez: Yes, that may not fit into our specifications, by the way.
Commissioner Dawkins: No, sir, none whatsoever.
Mayor Suarez: We may not be looking for a building where we don't own the
first...
Mr. Bittel: You can buy that too.
Mayor Suarez: Yes.
Commissioner Dawkins: For $5 million dollars?
Commissioner Alonso: For how much?
Commissioner De Yurre: Mr. Mayor, my...
Mayor Suarez: All right, Commissioner De Yurre. How do you want to go attack
the issue of the lease and...
Commissioner De Yurre: Let me tell you... Well, let me tell you, I got no
problem with the concept of the recommendation of the structure that we're
talking about which is the DuPont Plaza Building. If the numbers that they're
saying, you know, that we can get ready to go in, it's not going to cost us
more than around the four -fifty, five dollar figure to, you know, outfit it
and get it ready to go, you know, I can live with that now. My problem is the
time factor, because if we're talking about building or buying an actual
building, we got to have buy out or buying out the lease or, you know, clauses
that allow us to get out of that contract at any given time, two, three, four,
five years down the road, whatever it is, I also have a concern that if we're
talking, if what Herb is saying is true, from that point of view that it would
take four years for us to have a building ready to move into, if we were to
construct it, then I think that we have to look at the original offer which
was five years for $10 and $5 to build out. Because then, you know, it may
behoove us to wait that extra year and save maybe five hundred, six hundred
thousand dollars, by opting out for that extra year. You know, those are
questions that we need to look at as far as the time factor that we're dealing
with.
Mr. Bailey: We looked at those questions, Commissioner. Four years is a very
conservative estimate, and we took into consideration the Commission
processing time on resolutions, elections. We took into consideration the
time for determining a financing structure and how we had to go through the
Commission again for bond resolutions and underwritings. That alone can take
12 months. So, and we...
Mayor Suarez: Well, wait a minute now, are you addressing just the issue of
the possible construction of a new building or also the possibility of picking
up one that's already built?
Commissioner De Yurre: Well, of picking up an existing building.
Mr. Bailey: He's asking me to verify the time factor in terms of how long
we're leasing this building in comparison to how soon we think we'll be into
another building.
Mayor Suarez: Yes, but I think because it's relevant to the question of how
long we should enter into a lease with for the short term solution.
Mr. Bailey: Well, that's what I'm trying to answer. And we took that into
consideration. When it was offered to us as five...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Vice Mayor Plummer: Mr. Mayor, the only question I have remaining in my mind,
do I still have the right to argue with the Manager about who moves into that
and who doesn't?
Commissioner De Yurre: Well, it's going to be 95,000 square feet of people.
Vice Mayor Plummer: Yes, but we got other areas that we can argue about.
LI
Commissioner De Yurre: Such as?
Mayor Suarez: What do you mean?
renting, other than in the City -owned
all supposed to go in there.
I thought everyone who was presently
buildings, a total of six spaces, are
Vice Mayor Plummer: But the City -owned...
Mayor Suarez: What option do we have?
Mr. Bailey: As one exception.
Vice Mayor Plummer: The old police station is our building.
Mr. Bailey: There's one exception.
Mayor Suarez: Oh, as to new space that comes up, and that we identify between
now and the moving, I sure hope we...
Mr. Odio: Well, let me...
Mayor Suarez: ...maintain an open possibility there.
Commissioner Alonso: The Municipal Justice Building?
Vice Mayor Plummer: Yes, it's ours. We don't pay rent on that.
Mr. Odio: Let me put this on the record, OK, because the... We don't pay
rent, right, but we have to pay electricity, utilities...
Mayor Suarez: Oh, you're talking about the Municipal Justice Building.
Vice Mayor Plummer: Yes.
Mr. Odio: ...maintenance and we won't pay that on the other side.
Mayor Suarez: Who do we have? -Community Development there?
Commissioner Alonso: Yes.
Mr. Odio: Yes, and Personnel Management.
Vice Mayor Plummer: And Personnel.
Mayor Suarez: And Personnel.
Mr. Bailey: Let me say something.
Vice Mayor Plummer: And a jail.
Mr. Bailey: Let me say something to you, please.
Commissioner Dawkins: No, let me say something, Herb, please. You know, we
keep talking about the old police station. You keep telling me you don't have
any money in the City of Miami. You keep telling me about how you're going to
make money. Yet, you want to sell all of the City's resources. You want to
sell the land that we have. You want to sell the golf courses that we have.
You're taking the parks that we have. Miami is steadily growing, we have
refugees and retirees moving in. Where are you going to expand if you get rid
of our land? You just keep... I mean, and now you have a facility on the top
of our building who pays $1 a year and that is Dade County. And yet everytime
I look, Dade County is down here for something for us. How much do they owe
us now back rent? Somebody over there tell me.
Mr. Bailey: About one point...
Mr. Odio: I sent them a letter saying that they owe us a million and nine
hundred thousand dollars.
Commissioner Dawkins: They owe me a million nine hundred thousand dollars,
and now you want me to sell them my building when they already owe me, and
if 172 May 9, 1991
they're paying me a dollar a year rent, and they're charging us how much per
ton to dump garbage?
Mr. Odio: Forty two dollars a ton.
Commissioner Dawkins: See, you can tell them I will never sell them one piece
of the City... of Dade County's property. Me.
Mr. Bailey: Commissioner, with all due respect, I'd just like to make one
comment about the building, and I think I have to put on the record in
fairness to my staff, because my staff is over there. The only reason we're
there is because we don't have any money to rent space in some other location.
That building is absolutely unfit for human occupancy on a day-to-day basis
for working. And under this process that we are taking today, it permits us
to have enough money, with a savings, to get those people out of there. We
have people that raw sewage falls on top of the desk. We have people that sit
in there and it rains on all day. Dade County, who has the jail above it,
which does make the renovation, makes living unbearable in there to work on a
day to day basis. And a lot of times, the air conditioner is out. That
building is not fit for anybody to work in.
Commissioner Dawkins: Mr. Bailey...
Mr. Bailey: If we own it and we want to make money from it, we move out of it
and we rent it. We don't have to sell it. I don't want to get into the issue
of whether we sell it or not, but we can make money from it.
Commissioner Dawkins: But Mr. Bailey, if the County... I mean, I'm not going
to say that. If my administration had collected the million dollars that they
owe me, would not we have had money to make any renovations to the building
that would have made it livable?
Mr. Bailey: I don't know, Commissioner, because...
Commissioner Dawkins: OK, thank... but it's a possibility though, right?
Mr. Bailey: In our opinion, the one point nine million dollars would have
helped a long ways to do a lot things in the City.
Commissioner Dawkins: Thank you. All right, that's....
Commissioner Alonso: I have a question. Mr. City Attorney...
Mr. Fernandez: Yes, ma'am.
Commissioner Alonso: ...can we legally deduct that amount from payments that
we made to the Dade County? Let's say by Solid Waste....
Mayor Suarez: Have we ever tried to offset what we think that they owe us?
Commissioner Alonso: They owe us 1.8, 1.9, whatever it is, can we deduct from
the payment?
Mayor Suarez: From what we are paying them on a...
Vice Mayor Plummer: I got a better...
Commissioner Alonso: And say we are getting our money?
Vice Mayor Plummer: I got a better idea.
Mayor Suarez: It better be pretty good, because that's a pretty good one
right there.
Commissioner Alonso: Can we do that?
Vice Mayor Plummer: No, no, I got a good idea. And then I'll vote for HUD.
Pay HUD the $850,000 from that money which Dade County owes, and I'll vote for
it.
Mayor Suarez: We're not going to reopen anything, please.
173
May 9, 1991
Commissioner Alonso: Yes...
Mayor Suarez: What is the claim on the 1..9 million and...
Vice Mayor Plummer: Hey!
Commissioner Alonso: Can we do that?
Mr. Fernandez: Commissioner Alonso, to responsibly answer your question, I
would have to look at the transactions that gave rise to the debt owed to us,
and the transactions that gave rise to the debt that we owe the County, and
then....
Commissioner Alonso: Yes, please do.
Mayor Suarez: Yes, why don't you look at that, and see if you can't offset
one against the other.
Commissioner Alonso: Take a look...
Mayor Suarez: Let's be creative here.
Commissioner Alonso: Yes.
Mayor Suarez: Nothing like having a little clout of holding back some money.
I see Jeff Bercow nodding.
Vice Mayor Plummer: Take the eighteen hundred and fifty thousand for HUD out
of that.
Mayor Suarez: Steel, Hector & Davis with the largest contingent of lawyers in
Miami has just offered pro bono help in researching that, and there you go.
Commissioner Alonso: It's a little bit disturbing to hear that the State owes
us money, that Dade County owes us money. We have to think of ways to get our
money.
Mayor Suarez: What is the debt stemming from? What do they owe us the money
from?
Commissioner Alonso: This one?
Mayor Suarez: The one that... the one point...
Vice Mayor Plummer: For the jail. They got the jail upstairs.
Commissioner Alonso: They tell me some is from the...
Mr. Odio: From the jail. And they owe us $500,000 for the fire services at
the Port of Miami.
Mayor Suarez: But now, are you saying from the use of the facility...
Commissioner Alonso: Which is incredible.
Mayor Suarez: ...of the Municipal Justice Building, they owe us one point
some million dollars?
Mr. Odio: Nine. We billed them for a million nine.
Mayor Suarez: The demand has been made. How long ago?
Mr. Odio: The final demand was made about two months ago. What I have done
is, since we have to constantly pay them, we have paid them about two million
four this year already on solid waste bills.
Mayor Suarez: On solid waste disposal.
Mr. Odio: I am holding other bills that I won't pay.
Mayor Suarez: All right. The old...
Commissioner Alonso: Well, you are not holding the bill, Mr. City Manager...
Mayor Suarez: Two municipalities hold on to each other's debts.
Commissioner Alonso: ...you were holding the bill, I understand, that we paid
already. We were holding October payment, and then we pay November, December.
And then we pay January, February, and we are up-to-date now. And we also
sent the October of last year payment as well.
Mr. Odio: But we...
Commissioner Alonso: Because we're doing in a funny way. We were holding the
check of October, but continued to make payments January, February, and so on.
Mr. Odio: We know we have to pay them a total of about nine million, and we
will hold back for sure the amounts that we think they owe us.
Commissioner Alonso: Well, let's see if legally we can do it. Then we will
advise them that...
Mr. Fernandez: I'll get back to you with that, yes.
Commissioner Alonso: That's the way?
Commissioner Dawkins: Hold it all back. Don't give them nothing until we get
a settlement.
Vice Mayor Plummer: Well, wait a minute. When you say, you gave them a final
notice, did you give them a final notice to either pay, or get out? Well,
what does the final notice mean?
Commissioner Alonso: That's a good question.
Mr. Odio: We have to be responsible. I cannot throw...
Vice Mayor Plummer: Does that mean that you're not going to send them any
more notices?
Mr. Odio: No. I'm going to collect that money.
Commissioner De Yurre: Mr. Mayor, one point is...
Mayor Suarez: OK. All right, let's... back on the issue please. We have a
motion.
Commissioner De Yurre: So we can hear some of these folks here before we
vote, I would have presumed.
Mayor Suarez: Right. The motion had actually been that we proceed to lease
on the terms recommended. I hope that we still have a little bit of time to
consider whether we can't shorten that period of time to accommodate the
possibility you mentioned of acquiring an existing building, or the
possibility you've been mentioning of building one a heck of a lot quicker
than four years. In the meantime, objectors, protests, et cetera, we ought to
hear from them, and Carter, I guess you want to argue on behalf of some one
too? Please, make them quick, and then we ought to vote.
Commissioner De Yurre: But Mr. Mayor, before Billy gets started, I just want
to mention the point that one of the main factors that I supported this effort
of doing what we are doing is the consolidation of all of our departments, and
that includes what we have at the Municipal Building over there. You know,
we've got to put everybody together.
Commissioner Alonso: That's included.
Mayor Suarez: You've always assumed that they would be going over.
Commissioner De Yurre: Certainly. So I just want to that...
Mayor Suarez: OK.
175 May 9, 1991
Mr. Bill Frexis: Mayor, thank you. My name is Bill Frexis. I represent MCF
Corporation which is one of the buildings that you rent space from. I think
that Commissioner Alonso had done a magnificent job with the mandate that you
gave her. If I can read the Commission on the last meeting you had on April
25th, I think that you all wanted to build a permanent structure. And what
you were looking for, was ways of saving money - on a yearly basis, and to
start the process of the RFP (Request for Proposals) to finish that building.
I have some problems, and please excuse some of the figures here. We were
promised from staff that we were going to get some numbers. I understand Mr.
Bailey finished very late yesterday. He wasn't able to give it to us, so we
had to work from what we have, and don't take me down to the last penny in
these numbers because I might be off in a couple of things I was not privy to.
Mayor Suarez: It's presumably going to be still a good deal, even five or ten
percent factor aside. I can't imagine that we're going to be that close. OK.
You're showing a savings, anticipated yearly savings, before you get into all
of these other items of five twenty-three thousand. And then you're getting
into all the items of cost of moving telephones, moving cost, furniture, et
cetera.
Mr. Frexis: Mayor, if you let me run you a minute through it.
Mayor Suarez: Partitions... no, we are not going to let you, because we are
going to go a lot quicker through this. We've gone through a long process,
Commissioner has made a recommendation. Presumably, all these things have
been taken into consideration. We were going to look at them anyhow, Billy.
They all seem to add up to...
Mr. Frexis: Mr. Mayor.
Mayor Suarez: ... a figure of prorated moving and relocation expenses total,
according to your calculations, of two fifty to five - two hundred and fifty-
five thousand yearly, for a period of, that you've assumed of what? - five
years?
Mr. Frexis: No. We went on the three years...
Mayor Suarez: Three years?
Mr. Frexis: ... that we discussed on April 25th.
Mayor Suarez: All right.
Mr. Frexis: But the point that 1 am trying to make is that we...
Mayor Suarez: So, it still... I'm sorry, it still shows a... even assuming
all your figures, it still shows a yearly savings for the City of two hundred
and sixty-seven thousand, three hundred and two according to what you have
given us. Right?
Mr. Frexis: What I am saying is, that it was another alternative that is
always very simple. If the ultimate goal of the Commission is to go for an
RFP, and build your permanent structure, or buy an existing building, remodel
it, so that you can consolidate all your offices and be done with, I submit to
you, and nobody has done this, Commissioner Alonso, and I suggested this to
Mr. Bailey some time back. If you take the existing leases that you have and
you go, one, two, three, and you go to each one of them - I did it over the
phone. I wasn't even negotiating. I said - and I went to the Coconut Grove
Bank, and I talked to the president and chairman and I said, would you reduce
twenty percent of your existing rent right now? We know that the DuPont Plaza
is willing to reduce some, not maybe to ten fifty, but they already have
sixteen thousand square feet there. That if they reduce twenty percent...
Commissioner Alonso: AmeriFirst is willing to increase.
Mr. Frexis: I already spoke to AmeriFirst. I spoke to the Resolution Trust,
and they are willing to do that, so. And they are willing to enter into a
three year lease. If you do that, you end up saving more money. And not only
that, you don't take into consideration the other costs relating to this move.
For instance, the productivity of the employees. It takes six, seven months
for people to be adapted into the place. Secondly, you have to have a
disruption in services, because people don't know what department is where,
176 May 9, 1991
and it's going to create confusion at least, for four, five, six months until
people learn where all the departments are.
Commissioner Alonso: I hope our employees are not that confused.
Mr. Frexis: Thirdly, you have to print new stationery, new business cards,
new letterheads. And thirdly, but not least, in the DuPont Plaza now, you
have a problem. DuPont Plaza has four hundred and eighty parking spaces. If
they give two hundred parking spaces to the City of Miami, and they have a
hundred and thirty-four unit rentals there, and you start adding all your
parking spaces, they don't have enough parking spaces for the rest of the use
they have there. Because they have already committed two hundred parking
spaces to you, plus twenty-five valet parkings. When you add all that up,
they're close to five hundred parking spaces. They don't even meet Code for
the use they have over there. Not only that, you mentioned Commissioner
Alonso, the last time, that it was about three hundred and fifteen employees
moving to that building. The count that we got...
Commissioner Alonso: Two seventy four.
Mr. Frexis: OK - from where? - from Kelvin Baker, that's from Mr. William's
staff I believe. They're building four hundred and fifteen stations. That
means they are putting four hundred and fifteen phones, four hundred and
fifteen computers, head terminals. So, you're moving more than what you think
you're moving. You're moving close to four hundred employees. And I submit
to you, that when you have the problem of parking...
Commissioner Alonso: Unless someone has hired more people. Have you? - Mr.
City Manager?
Mr. Bailey: We have three hundred and seventy-five actual count, as per
our...
Mayor Suarez: Did some...
Mr. Frexis: How much?
Mr. Bailey: It's three hundred and seventy employees.
Commissioner Alonso: Two seventy-five.
Mr. Odio: Three hundred and something.
Commissioner Alonso: Two seventy-four.
Mayor Suarez: Did somebody say something about four hundred and some computer
PC's?
Mr. Bailey: I don't know where they got those numbers.
Mr. Frexis: Mr. Manager, I...
Mayor Suarez: Wait, wait, wait.
Mr. Frexis: I can tell you.
Mayor Suarez: Wait, wait. Did somebody say something about four hundred and
some computer...?
Mr. Frexis: I did.
Mr. Bailey: What we are saying is what you have in front of you, what we have
indicated what the move and the cost of that move for computers and telephones
would be, and the number of units will be moved that was supplied to us from
GSA (General Services Administration) technicians who work with our phone
systems and computers. And you have that in front of you.
Mayor Suarez: OK. What is the assumption on the relocation cost as to how
many personal computers, or...
Mr. Bailey:
to you.
It's on the sheet that you have in front of you. I can read it
177
May 9, 1991
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Mayor Suarez: What does it say? I presume you have...
Mr. Bailey: I'll read it for you.
Mayor Suarez: I presume it's not four hundred and some.
Mr. Bailey: We never mentioned that number.
Vice Mayor Plummer: How many, total? Not how many are just being moved. How
many total? How many head terminals are you going to have?
Mayor Suarez: I presume there are still some same people in the departments
in question, who are not secretaries, and who don't rely on all these
machines - who would like to write long hand as I do, and...
Mr. Bailey: The four hundred number that you have in front of you represents
terminals, and telephones.
Mayor Suarez: There are numbers in there.
Commissioner Alonso: And telephones.
Mayor Suarez: And telephones?
Mr. Bailey: And telephones, yes.
Commissioner Alonso: Yes.
Vice Mayor Plummer: Combined?
Mr. Frexis: Well, why would you put more than the phones you need? - and more
than the terminals you need? The number we got was four hundred and fifteen
terminals and phones.
Mayor Suarez: Sounds like a hell of a lot of phones and computers.
Mr. Bailey: Let me suggest something to you. That when we move, and whatever
it is that we need to move, we will move over there. If we don't have to
move, we won't. Whatever space we need, we will use, and that we don't, we
don't. I don't think you can stand there and tell us at the moment, what it
is that we will do until we actually start.
Mr. Frexis: No, Mr...
Mayor Suarez: I am not concerned...
Mr. Frexis: Mr. Bailey.
Mayor Suarez: Wait, wait, wait. I am not concerned about his argument on the
numbers. I think we are still ahead of the game.
Mr. Odio: For the record.
Mayor Suarez: I am just concerned about the idea that somebody is going to be
thinking of moving as many as four hundred and some of these contraptions to
take care of two hundred and some, or even three hundred and some employees.
Mr. Odio: You have two hundred and seventy-five devices total. That is all
kinds of typewriters, computer heads, and...
Mr. Bailey: Modems...
Mr. Odio: ... modems, whatever you call it.
Mayor Suarez: Modems, that's all we need - modems.
Mr. Odio: A total device of two seventy-five.
Mayor Suarez: Fill it up with modems, that will make a good efficient
administration - whatever the hell they are.
178 May 9, 1991
Mr. Frexis: And another thing Mr. Mayor, which I did not put in this pro
forma that I gave you here, there is a hundred and fifty parking spaces that
you would have to pay.
Mayor Suarez: We certainly got that into the discussion before.
Mr. Frexis: And what I am saying to you is, that you have not looked at the
alternative of negotiating with your existing leases. If you think that you
are not going to build a...
Mayor Suarez: Why are you saying sixteen? I thought we were dealing
basically, with six.
Mr. Frexis: I'm sorry?
Mr. Bailey: We are dealing with six locations.
Mr. Frexis: Six locations, that's what I am saying. Your existing six
leases.
Mayor Suarez: OK. I thought you said, sixteen. All right.
Mr. Frexis: Six leases that you have. That if...
Commissioner Alonso: Actually, what we need, is a hundred spaces, not more
than that.
Mr. Bailey: Can I ask a question, please?
Mr. Odio: And let me explain the hundred spaces, OK? We are going to pay
from one pocket to the other. You are going to be paying forty dollars a
month from one pocket to the other. Those spaces are not being used, and we
have to pay the deficits at that building, no matter what. So, it is not an
out of pocket expense.
Mr. Frexis: Well, I did not consider that. What I am saying, Mr. Mayor, is
that I think there is another alternative...
Mr. Odio: Yes, but just to put it on the record.
Mayor Suarez: OK.
Mr. Frexis: ... that nobody has addressed. And I think that if you,
Commissioner Alonso, give this a little bit more time and you negotiate with
your existing lease that you have right now, you will end up achieving the
same, if not more savings, that you achieved by doing this move without all
the confusion. And then you can go ahead with your RFP, and build your
building.
Mayor Suarez: Billy, the one thing I think we all agree on, is that we are
not going to give this process more time, we are going to make a decision.
All right, anything further? Any other protest, objections, suggestions,
alternatives?
Mr. Bailey: Yes.
Vice Mayor Plummer: Mr. Mayor, I am assuming that any speakers that are
speaking now, are speaking only to rental space. That's speaking...
Mayor Suarez: I would strongly suggest you keep it to that.
Commissioner Dawkins: That's to the point.
Vice Mayor Plummer: Well that's speaking to the motion. If they are speaking
to the RFP, that's...
Mayor Suarez: Well, we haven't split it, but I've asked Commissioner De Yurre
to split it, Commissioner Alonso has indicated that, that's what we did last
time.
Commissioner Dawkins: My motion.
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May 9, 1991
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Commissioner Alonso: It has always been. It was, it's his motion.
Mayor Suarez: Yes. Right. OK.
Vice Mayor Plummer: Excuse me. Dawkins... he moved, and I seconded.
Mayor Suarez: We are on leasing. Now, to the extent that you want to address
that...
Commissioner Alonso: And last time, it was my vote.
Mayor Suarez: All right, we will deem it, just that. That will be it.
Al Cardenas Esq.,: This addresses... this is a comment regarding the motion
exclusively, and not our client's proposal. My name is Al Cardenas, I am
really on behalf of City Ventures Limited, who, as you know, is the proposer
of a twenty year lease back project turnkey operation to be built on City
property. The last time we were here before you, you had a lengthy discussion
on the virtues for the long term proposal. I recalled specifically,
Commissioner Dawkins commending Commissioner Alonso for doing for the first
time, what...
Mayor Suarez: Al, why don't you, with all due respect, why don't we wait
until we finish the issue of leasing? How does it affect?
Mr. Cardenas: Because this is regarding your issue.
Mayor Suarez: Well, don't give us all that history please. I mean, we've
been here, it's almost 7:00 p.m. What do you...?
Mr. Cardenas: Mayor, I am not... I am going to do it as quickly as I can, but
there are certain thing which I need to say. It will take me two minutes.
Mayor Suarez: But you are going to be able to say them in a second. We're
going to finish the issue of leasing. To what extent does leasing, on the
terms proposed by the Manager, in any way...?
Mr. Cardenas: Everything I am saying relates to that issue. Trust me. It
will take me one minute.
Mayor Suarez: OK. Please get to that, please.
Mr. Cardenas: Commissioner Dawkins congratulated Commissioner Alonso, because
she was finally bringing forth a final solution regarding the matter. At that
point in time, Commissioner De Yurre stated that he was in favor of a long
term solution now, so did Commissioner Dawkins. Because of that, there was a
compromise where it was decided to vote, that there would be simultaneously
brought before you today for a decision, a short term solution with
recommendations, as well as an RFP for you to vote on. I thought, and we
certainly thought when we walked out of here, that a compromise had been
reached by having both matters decided simultaneously for a number of reasons,
those I can readily go into as to the transcript of that hearing.
Mayor Suarez: Let's assume all that is true, how does that affect the current
situation?
Mr. Cardenas: Because our recommendation is, that if staff didn't bring back
to you on May 9th, an RFP as you requested, that it's only fair that
everything be deferred until everything is brought to you for a decision.
Mayor Suarez: Which then postpones the time at which your project, under your
parameters will be built.
Mr. Cardenas: Mayor, it would not. Because you don't have an RFP before you.
Mr. Odio: Al, will it not take you four years to deliver that building to us?
Mr. Cardenas: No, it would not. It would take us three years. Two for
construction, and one for working drawings and permitting. We will be happy
to live with a four year lease, but that's not the point. The point is that
you were going to make your determinations all at once. And Commissioner
Dawkins' point at that time, is, he wanted you forced to make your decision
simultaneously, I believe, so that you wouldn't put in a drawer again, the
long term solution that the City has been tinkering with for a long time.
Mayor Suarez: Who... what gives you the impression that we're going to put it
in a drawer? Everybody seems to want to do it. - with one singular exception,
which is myself.
Mr. Cardenas: Well, it was supposed to handled... Mayor, because you gave
specific instructions that the RFP would be before you today. It's not. I've
not heard anything from the Commission as to... now, when it's going to be
ready, or when it's going to be brought before you, and as a matter of fact...
Mayor Suarez: Well, we've heard of the process to get it ready. I guarantee
you Al, if your concern is, and if you continue to have a four -to -one majority
on that issue, that we're going to fast track that process, we're going to...
because this is the slowest track process in the history of the City of Miami
on any one issue - this whole idea of an administration building. So, if it's
the consensus to do that, we are going to give him instructions of bringing it
back to us very quickly. But I really don't think that you're helping your
cause by arguing that we should not solve the short term solution, which is
going to save us money, at least, we think it is - Billy maybe disagrees a
little bit, and other people who are now renting us space. That does not slow
down the other part at all. In fact, it speeds it up.
Mr. Cardenas: Well, we entered into... I thought you entered into a
compromise last time, which we thought fair, and I think that the fair
compromise is to have both items on the table at the same time. I thought
that was what you agreed upon. I think that's what fair...
Mayor Suarez: Well, that may be true,
other. The one on leasing space is, I
at closure as far as I am concerned.
Vice Mayor Plummer: Dead end.
but one takes a little longer than the
mean, that one, I think is just about
Mayor Suarez: Unless any Commissioner want to delve into that, I think we
ought to vote on that, and then get on with the issue of the administration
building. 1 don't know if there is much we can do today, except give
instructions to the Manager to move on it. OK? So, why don't we, if there is
no other... you're representing another party, Carter?
Mr. Carter McDowell: I am representing one of the two parties that's
discussed in the memo.
Mayor Suarez: Please, please, put on the mike your remarks.
Mr. McDowell: For the record, my name is Carter McDowell with the law firm of
Fine, Jacobson. We are here representing DCA, the Downtown Center Associates,
the owner of the other building that is discussed in your memo. Mr. Bailey
and your staff have put in a lot of hard hours in a short period of time, and
we have tried to work with them in every way we could. We have provided you
with some additional back up. I'd like to address though, a few issues that
we think are important considerations, both as you look at our proposals, and
as you look at the DuPont Plaza proposal, many of which have not been
addressed in the memo, and were here this evening, at this point. In looking
at the building... let me first address the question about DuPont Plaza
providing a hundred and fifty parking spaces. I think you heard, although I
don't think clearly expressed, that the proposal is, for DuPont Plaza to
provide two hundred spaces on -site, free. Apparently, although nowhere in
writing, some additional valet parking spaces, maybe an additional five for
Commissioners per Commissioner Plummer's request. But the other hundred and
fifty spaces they are talking about are to be in the CenTrust parking garage.
There are to be leased, apparently, at forty dollars a foot. Again, those of
us in the process have not been able to get any documentation as to any of
this.
Mayor Suarez: Commissioner Alonso who has led this effort, in this review,
says that it's less than a hundred spaces that we have to provide, and you
know, I don't know what mystery there is, the City happens to have a parking
structure there, right close to it, we happen to I think, have fourteen
hundred and fifty spaces in it of which maybe, eight or nine hundred are being
used at any one time. We've got plenty of parking space there. It's our
building, we've got to pay for it no matter what.
181 May 9, 1991
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Mr. McDowell: And I don't doubt that, and I don't argue with that.
Mayor Suarez: May as well use it for some of our employees.
Mr. McDowell: But you... what you are doing though, or what this proposal is,
is to lease those hundred spaces, or hundred and fifty spaces through the
Convention Bureau, at forty dollars a space. I think if you ask Mr. Mulvena,
who manages the garage for you, that you will find that DOSP (Department of
Off -Street Parking) leases those parking spaces to the public at somewhere
between seventy and eighty dollars a space. Indeed, you may be hurting
yourself by leasing those effectively to a private party for forty dollars a
space.
Mayor Suarez: Except the garage is not very full, you know.
Commissioner Alonso: No, it's very empty.
Mr. McDowell: I work in the building, so I have some sense of the parking
garage. I would also suggest to you that one of Herb's negative comments
about the downtown center was, that we didn't have on site parking. Yes, we
do have a limited amount of on site parking, although we are surrounded by
DOSP owned operated metered parking, which is certainly available to the
public. You have metered parking in front of your administration building
today. If you go to the Building and Zoning Department to park at that
building, you park at a parking meter, no different than hundreds of DOSP
spaces which are surrounding our building.
Mayor Suarez: Do we have...?
Commissioner Alonso: Not our employees.
Mayor Suarez: Yes, I was going to say, do we have any employees that have to
pay metered parking to park at our own building?
Commissioner Alonso: No, no, no. Please.
Mr. McDowell: I am not suggesting that the employees, I am suggesting that
for the general public, who needs to get...
Mayor Suarez: Sometimes people come, and sometimes there is not visitors
space there, and so.
Mr. McDowell: There are no free visitors spaces at the administration
building.
Mayor Suarez: All right. And presumably, they come for an hour or two hours,
and then come out and put another quarter.
Mr. McDowell: So that our proposal is really no different.
Mayor Suarez: Two quarters, three quarters, four quarters.
Mr. McDowell: Let us assume... yes, or more like...
Mayor Suarez: If it's up to DOSP, you know, it'll be dollars.
Mr. McDowell: Well, it twenty-five cents for fifteen minutes at the moment.
Anyway, those parking spaces to be provided in CenTrust, has anyone given any
thought to what's going to happen when the Brickell Avenue bridge goes under
construction in 1992?
Mayor Suarez: We sure haven't thought about that?
Mr. McDowell: Have you thought about the access to the DuPont Plaza building,
at the time that that bridge goes under construction?
Mayor Suarez: Many other ways of getting there, other than the Brickell
Avenue bridge, thank God.
Mr. Bailey: I don't use it.
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May 9, 1991
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Commissioner Alonso: I hope so.
Mr. McDowell: My point being that the Brickell Avenue bridge is going to be
closed...
Mayor Suarez: In fact, the Miami bridge is not used all that much. The Miami
Avenue bridge is not used all that much. It should be used more.
Commissioner Alonso: That's right.
Mayor Suarez: We are going to encourage that. We are going to put proper
signage there, because nobody seems to know where it is.
Mr. McDowell: You're about to propose to enter into a four year lease for
ninety thousand square feet of the DuPont Plaza.
Mayor Suarez: Not to mention the fact that two of us are actually are in a
building that does need the Brickell Avenue bridge to go anywhere, and we are
going to make sure the doggone thing gets built very quickly.
Mr. McDowell: I appreciate that, but I would suggest to you that the minimum
construction time, well exceeds a year, and will in fact, stretch out probably
to closer to two years. It is under... and according to DOT (Department of
Transportation) this morning...
Mayor Suarez: If it stretches much, there will be some dead people. Go
ahead.
Mr. McDowell: That bridge will be out of commission somewhere from during the
early part of 1992, stretching in to 93/94. Now, you are talking about member
of both your staff and the general public having to get to this building.
Commissioner Alonso: I vote.
Mr. McDowell: I would suggest to you, it's exceptionally difficult to get to
that building. Contrary to the memo, there are no major bus or Metrorail
transportation facilities adjacent to that building. We've all been there.
It's a substantial walk to get to either the Peoplemover stations which may be
of...
Mayor Suarez: We're happy for our employees to walk across DuPont Plaza.
Mr. McDowell: It's interesting that you should say that, because the response
to our off -site parking, which is three hundred feet away, which is a shorter
distance, was, "Gee, that's not convenient enough." Three hundred feet is a
long distance for the employees to have to walk.
Mayor Suarez: The main problem with off -site parking is not walking a few
hundred feet.
Mr. McDowell: I would also suggest to you.
Mayor Suarez: You know that, and I know that.
Mr. McDowell: Excuse me?
Mayor Suarez: It's having to go out there and put dimes in the meter, and a
person thinking they don't even have an assigned space, for God's sake. - come
on, you know that.
Mr. McDowell: I am talking about people... one having to get to the building.
But I am also talking about the people who have to park in the CenTrust
building. These spaces that you are going to pay for in the CenTrust
building, your employees will have to walk. But I would suggest to you, there
is only one way to get into that garage from DuPont Plaza, and that's through
the Hyatt building. The bridge sits squarely across the only access from
DuPont Plaza into the Hyatt.
Mayor Suarez: And yes, Commissioner Dawkins is right, we are going to try to
create incentives for them to not even drive downtown - take the Peoplemover.
Mr. McDowell: Well, I would suggest to you that...
183 May 9, 1991
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Mayor Suarez: Never has worked before, but who knows.
Mr. McDowell: ... the Downtown Center building represents a better
alternative to do that, because the Peoplemover station abuts the building,
literally. We have a right to connect from the station into the building
directly. There is not a hundred feet. The equipment for that Peoplemover
station is in the building. It is right there on the site. I would also
point out that where... as you look at the economics, and I think this is
really the bottom line on it, your own staff report shows that the Downtown
Center building would represent a savings of two hundred and eighty-eight
thousand dollars over the course of the four year lease, and it doesn't d,.:al
with the whole question of tenant improvements. You've heard some discussion
and some comparison, and indeed, quite a bit of confusion. DuPont plaza is
proposing four dollars and fifty cents allowance for tenant improvements. For
anybody who has done any work on office space, you know that's virtually
nothing. It will cost a dollar fifty to put in carpeting. It's going to cost
another dollar to paint. So, you're really left with virtually no tenant
allowance. You cannot, within that four dollars and fifty cents, make any
meaningful modifications to that building at all. It does not cover. You
have heard they will cover the cost of moving your desk and files to the tune
of some thirty thousand dollars, which by the way also, is not in writing, at
least, not that we have been presented.
Commissioner Alonso: Oh, it will be. If they have a contract, everything
will be right there.
Mayor Suarez: Whatever representations are made to be part of the deal, will
definitely be in writing.
Mr. McDowell: But, my point being, that you have an additional two hundred
and... well, your staff has suggested, it's two hundred and twelve thousand
dollars ($212,000) to move to either location, basically. They're saying,
they will cover initially, thirty-three thousand of that. You don't have any
excess tenant allowance to pick up the additional soft cost to that move. We
have provided an extremely generous tenant allowance in our proposal - fifteen
dollars a foot. Herb I think, has expressed to us that he doesn't feel that
you need that large a tenant allowance. That he could probably build out the
space for somewhere in the neighborhood of ten dollars a foot. That's an
additional five dollars over eighty thousand square feet that would be
available. That's some four hundred and fifty thousand dollars of additional
monies that we have committed to this lease. We have said it can... that is
money that is committed, you can use it for your soft cost. You can cover the
entire two hundred and twelve thousand dollar cost out of those tenant
improvements. No further cost involved. The additional cost to that two
hundred and twelve is not correctly reflected, in fact, in the DuPont Plaza.
Commissioner De Yurre: Let me ask something. Herb, are you saying, if I am
hearing right, that we are going to be spending beyond the four fifty for
tenant improvements?
Mr. Bailey: We have not calculated that there would be a cost in excess of
four fifty. However, he is right. It's a dollar and fifty cents for
carpeting, but if you are aware that the DuPont Plaza does not require
extensive renovation. It is already designed for an office, and there are
some spaces probably, only needs carpeting and painting, and the installation
of our equipment. I would like to also point out one other thing. I
haven't...
Commissioner De Yurre: Hold it, hold it.
Mr. Bailey: Just on this point, I'm not going to deviate.
Commissioner De Yurre: Well good, because I am not going to deviate either.
Mr. Bailey: OK.
Commissioner De Yurre: So we're going to be on track.
Mr. Bailey: OK. The office...
Commissioner De Yurre: Hold it, give me a break.
184 May 9, 1991
Mr. Bailey: OK.
Commissioner De Yurre: Has anyone in the Commission seen the space that we're
actually talking about?
Commissioner Alonso: Yes, of course.
Vice Mayor Plummer: Yes. I went personally down there and looked at it. The
only area that I had any question about, and I am sure it can be done, was the
ballroom is now included in the space that is being made available. And my
only question was in reference that the kitchen area off of the ballroom, is
also part of the square footage, and that could be converted. Now, I am sure
it's not going to be cheap to do. I am told it can be converted as part of
the overall total square footage.
Commissioner De Yurre: Is that part of the ninety thousand, or ninety-five
thousand square feet?
Vice Mayor Plummer: Yes, that was what I was told.
Commissioner Alonso: We have to deal for a hundred and ten thousand. We need
ninety, maybe a little bit less.
Commissioner De Yurre: But how much could we...? Is that...? OK. Is it
because there is only ninety thousand square feet left in the building that's
available?
Vice Mayor Plummer: Victor, I didn't ask that question. I was told that this
was part of the package that was being presented to the City. That, that
package did include the ballroom, and it did include the kitchen area, which
of course, would not be needed for the ballroom, because it would be...
Commissioner De Yurre: So how would we partition that ballroom for office?
Vice Mayor Plummer: Oh, I think that would be the easiest thing in the world
to do.
Mr. Bailey: Yes, we've discussed that item.
Vice Mayor Plummer: The only question there was, and I asked that question,
because they have huge chandeliers there, they were willing to put in a false
ceiling to bring it down, and I thought... to me, that was a waste of money.
You could do so, arrange it where it could be into different office areas, and
of course, it's already carpeted. There is no need for carpeting there. To
me, that was the easiest space to put into the office use. The hardest space
would be the kitchen area in my estimation. I did go through the entire, from
the lobby downstairs to the top floor.
Commissioner De Yurre: Because you know, of utmost consideration, as far as I
am concerned, even if this is approved today, when it comes back for final
consideration, the contract, the lease agreement, you know, we need to know
exactly what it's going to cost. You know, I can't go on this speculating
thing that well, it may cost this, it may cost that. I can do that now,
because this is not the final moment until we approve that lease. But at
least for my vote, I need to know exactly, and you know exactly means you
know, give or take a dollar, but I need to have a very good idea of what we
are talking about.
Mr. Bailey: Commissioner, regardless of which building we do, we would not be
able to have exact cost until we go over the floor plans and lay out the space
as to how we need it. And we have...
Commissioner De Yurre: Well, obviously, Herb, you're going to have to have
that if you are going to lease the space.
Mr. Bailey: I understand that, Commissioner.
Commissioner De Yurre: Before we sign on it.
Mr. Bailey: I understand, Commissioner. We have already gotten the floor
plans. I am aware of the kitchen space, and we've had some discussion about
185 May 9, 1991
that. However, the kitchen space adds unto our usable space. And we... after
you make your decision, will take the floor plans with our own engineers and
architects, and we will lay out the space that we need, and we will be able to
come up with some reasonable estimates as to how much it's going to cost.
Commissioner De Yurre: Yes, but I want to have that before we sign on the
lease.
Mr. Bailey: I don't have the authority to go into the building to do that. I
want to mention something else while you're on this bit. He does not mention
that...
Commissioner De Yurre: Hold it, hold it, Herb. Understand this. You know,
if we are working out a deal, they have to understand that we have to know
what it's going to cost. Are they going to tell me now that I can't go into
the building to see how much it's going to cost?
Mayor Suarez: Absolutely.
Commissioner De Yurre: Then I have to vote no right now.
Mr. Bailey: They are not saying that. No one has said that.
Mayor Suarez: They will provide all the access we need to plan this before we
sign.
Mr. Bailey: And if you let me finish, I will give...
Commissioner De Yurre: But you are saying it.
Mr. Bailey: Let me finish please. I mean, if you want me to give you all
information, and you want to have everything to consider...
Commissioner De Yurre: Well, give me the information that we want to hear.
Mr. Bailey: Well, let me give you the information. In their lease, which I
forgot to tell you, and in fairness of the counsel, I should tell you. That
their square footage cost does include electricity, real estate taxes,
insurance, and other utilities, and janitorial services. It also says,
however, the City will be responsible for any increases in real estate taxes,
and other defined expenses on a pro rata basis. We don't know what that is.
That was one of my other decisions. All right? So, we don't know that.
Vice Mayor Plummer: OK. Mr. Bailey, I'm going to tell you right now. OK?
As you know, I am voting for this issue, but I am telling you also, sir, as
Commissioner De Yurre is trying to tell you to rush it up. I am going to tell
you that this Commission is going to approve what kind of improvements you
make inside of that structure.
Mr. Bailey: That's fine with me.
Vice Mayor Plummer: Because we know... well, you know, we built a police
substation, DO And when we built it, we wound up not having enough money for
furniture. Now I am saying to you, I am sure you can do it at forty dollars a
square foot, or you can do it a ten dollars a square foot. And I am going to
have some say in what the cost of those renovations are.
Mayor Suarez: All right.
Mr. McDowell: Mr. Mayor, if I may, I have two...
Mayor Suarez: OK. The !,',.nager is putting into the record... lift the mike,
but I may as well go ahp�.d and just repeat it...
Mr. Odio: I'll put it on the record.
Mayor Suarez: ... that we are going to do it at four dollars and fifty cents,
which is exactly the same as the allowance being given by the landlord, which
will mean, at no cost to us.
Mr. Odio: That is all we have.
186 May 9, 1991
E
Mr. Bailey: It's not a problem for us. I have been told, and he is not
here...
Mayor Suarez: I don't know whether to believe it or not, but it's in the
record at this point. How are you going to do that with ballrooms and
kitchens - God knows, but. Presumably, it will be built into our lease
agreement, and Commissioner is right in making sure that, that happens.
Anything else before we vote?
Commissioner De Yurre: go ahead, you know, you're on.
Mayor Suarez: Finish your presentation and let's vote please. We've got
other items folks. This has been a five year process, or a three year
process.
Mr. McDowell: If you built it out at four fifty a foot, you will be a hundred
and seventy-nine thousand dollars short on your moving cost.
Mr. Bailey: That's his opinion, I don't agree with that.
Mr. McDowell: Two additional issues that I think you believe that you should
have taken into consideration. One, and it's been mentioned here already
twice in relation to two other buildings - asbestos. We have just spent more
than a half of a million removing all the asbestos from our building. I would
suggest to you, without knowing, that the DuPont Plaza building has asbestos
in it. Any building built at the time that building was built, was a common
building material.
Mayor Suarez: Please, put that into the... as a requirement that there not be
an asbestos problem. OK?
Commissioner Alonso: Do you have asbestos? Well, we have people in that
building, I want you to know.
Unidentified Speaker: That doesn't mean it's right.
Mayor Suarez: We will build that in. I mean, we are not going to get into an
asbestos removal expense.
Commissioner Alonso: Right now, we have offices in that building.
Mayor Suarez: Right, we have employees there.
Commissioner Alonso: Do you have asbestos? I'd like that on the record.
Mr. McDowell: We would like to make one further offer. We believe
Commissioner De Yurre is absolutely correct. We would be willing, if you are
interested in following up with us, we would be willing at our expense, to sit
down with staff, fully design the interior layout, and give you an exact cost
of what it would cost to build out our space. The fifteen dollars stays on
the table, any excess, can be used by the City to that effect.
Mayor Suarez: We appreciate your offer. Thank you.
Mr. McDowell: And we would appreciate the opportunity to do that, because we
think we can show you that from an economic standpoint, our building
represents a better alternative.
Mayor Suarez: What are the rates compared to DuPont Plaza?
Mr. Bailey: What are the rates per base square foot round?
Mayor Suarez: Yes, just for the basic rent.
Mr. Bailey: Eleven dollars. They both offered eleven dollars.
Mayor Suarez: OK. And so they...
Mr. Bailey: But they have five years instead of four.
Mayor Suarez: So the criteria basically, that they want another year, that
they make us make this decision that they don't have any on -site parking, and
that we are otherwise happy with the location, I guess.
187 May 9, 1991
Mr. Bailey: Well not only that, I can't...
Mr. Odio: They have fifty on -site parking.
Mayor Suarez: Fifty on -site?
Mr. Bailey: And I can't calculate this hidden cost that they put into their
proposal, and I don't think anyone else can.
Mayor Suarez: I understand. It's a very variable thing. You don't really
know. We don't think we will need it. We think we will be fine with the
four -fifty. So obviously, it is no opportunity lost to us.
Mr. McDowell: Mr. Mayor.
Mayor Suarez: Or savings to us under our scenario. Whether it turns out to
be true or not, God knows.
Commissioner Alonso: And also...
Vice Mayor Plummer: You know, if we wait another thirty days, we're probably
going to have a five dollar a square foot offer - not that it means anything.
Mayor Suarez: Sure. If we wait long enough, pretty soon they're going to pay
us to be in some building. All right. Commissioners, we have a motion and a
second. Any further discussion? If not, please call the roll...
Mr. Fernandez: No, Mr. Mayor.
Mayor Suarez: ... on the issue of proceeding to final negotiations of the
lease, with the recommended site. Yes.
Mr. Fernandez: Yes. I need the record to be amply clear that the action you
are taking here today, is merely authorizing the City Manager to proceed to
finally negotiate...
Mayor Suarez: Didn't I just say that?
Mr. Bailey: He just said that.
Mayor Suarez: I just said that.
Commissioner Alonso: Yes.
Mr. Fernandez: But then, the item is coming back to you, and then there is no
binding contract or agreement until this Commission passes a resolution with
the attached lease agreement.
Mr. Odio: I will have a lease...
Mayor Suarez: I think so. I think that's the proper interpretation of what I
just said, was the motion. Thank you. And if it needed a clarification, now
it has it.
Mr. Fernandez: Got it.
Mayor Suarez: Thank you.
Vice Mayor Plummer: We can get the Japanese translator.
Mayor Suarez: Anything further? If not, please call the roll.
188 May 9, 1991
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 91-372
A MOTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH
FINAL NEGOTIATIONS FOR THE LEASE OF OFFICE SPACE AT
THE DUPONT PLAZA BUILDING IN ORDER TO CONSOLIDATE CITY
DEPARTMENTS WHICH PRESENTLY LEASE SPACE AT VARIOUS
SITES; FURTHER DIRECTING THE MANAGER TO COME BACK WITH
A PROPOSED LEASE AGREEMENT FOR CONSIDERATION BY THE
CITY COMMISSION.
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.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Does somebody want to make a motion on the... a very quick
motion folks...
Mr. Frexis: Mr. Mayor, please.
Mayor Suarez: ... without getting into any renewed argument?
Mr. Frexis: Is that lease going to be also available? Because the last time
they promised us the numbers were available, and they didn't make the numbers
available.
Mayor Suarez: The lease terms before we approve it will obviously be
available, because we have to vote on it. It will be part of the public
record. It will be spread all over the public record, and I will make sure
that I give you copies of the one that I have. - if nobody else gives them to
you.
Mr. Frexis: With a little bit better notice.
Mayor Suarez: Well, if I don't get it five days before I vote on it, I can
invoke the rule, and so can any other Commissioner.
Mr. Frexis: Well, how I get...?
Mayor Suarez: So, you will get it five... four and -a -half days before the
vote, because as soon as I get it, I'll call you.
Mr. Odio: We are planning to bring it back on May 23rd.
Mayor Suarez: All right. So that doesn't give you much time to get
everything to us. Furiously negotiate for the final form of that lease,
counselor. Make all the...
Commissioner Dawkins: Can it get back here May 23rd?
Mayor Suarez: All right, whenever.
Commissioner Alonso: When they are ready, they will be back. The 23rd.
Commissioner De Yurre: Well how soon can we get the RFP on the building?
Mayor Suarez: Now, wait a minute, please Mr. Manager. Why is everybody going
to get into a tiff about when you're going to get this to us? The sooner the
better. If you can't do it by May 23rd, in accordance with the motion made,
189 May 9, 1991
which requires the lease to be in front of us for the resolution that goes
with it.
Vice Mayor Plummer: What's wrong with May 23rd?
Commissioner Alonso: Take longer.
Mayor Suarez: Then, you're going to have to take longer. We would like you
to try for May 23rd. We would like you to try for tomorrow. A special
session tomorrow, if you could do it tomorrow.
Mayor Suarez: We understand you are not going to, so try for May 23rd. All
right?
Vice Mayor Plummer: The hell you say.
Mayor Suarez: What is so difficult about these things? - My God. All right,
now, on the administration building, Commissioner De Yurre, you want to try to
state in the motion what you would like done, given that I am not going to try
to help you, because I am against the whole thing. Go ahead.
Commissioner De Yurre: Well, basically, the motion that we had last time,
which was...
Mayor Suarez: We need the RFP forthwith.
Commissioner De Yurre: ... you know, with the necessary specifications for
the issuance of our request for proposals, in connection with the construction
of a proposed City structure, either on City land or a privately owned piece
of land, for purposes of consolidating all City departments. Well, I wanted
it back today, so, you know, for May 23rd.
Mayor Suarez: Again, the same thing.
Commissioner Dawkins: You can't get it today. When do you want it?
Commissioner De Yurre: Obviously not.
Mayor Suarez: We wanted it for today, we didn't get it for today, so
for May
23rd. Mr. Manager, can you get that in the form of a complete RFP
by May
23rd?
Commissioner De Yurre: May 23rd.
Mr. Bailey: Mr. Mayor, I would appreciate it if we... have to get it
on the
first Commission meeting in June?
Mayor Suarez: First Commission meeting in June.
Mr. Bailey: Yes, please.
Mayor Suarez: Sounds reasonable to me.
Commissioner Alonso: Yes.
Mayor Suarez: All right. Something that's taken this long, I don't
think
that the extra...
Commissioner Alonso: Nothing will harm it.
Mayor Suarez: Right, and actually, we...
Commissioner De Yurre: When is that, June? - first meeting in June?
Mr. Bailey: The first meeting in June.
Mayor Suarez: It's up there as June 13th. Great day in June.
Commissioner De Yurre: OK. That's my motion.
Mayor Suarez: So moved.
190
May 9, 1991
a a
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
Vice Mayor Plummer: Because of the terminology...
Mayor Suarez: I'm sorry. It should not exclude the possibility of ...
Commissioner De Yurre: Of a purchase.
Mayor Suarez: ... at no greater cost, acquiring a building of similar,
general parameters.
Commissioner Dawkins: Like the forty-four hundred.
Mayor Suarez: Is that a fair...?
Vice Mayor Plummer: Yes, that's fair, Xavier.
Mayor Suarez: You're not excluding that at this point?
Commissioner De Yurre: No, that's fine.
Mayor Suarez: Very good. All right. So we really are going to have the RFP
in an alternative fashion to either build and have ready for us with their
financing, their big bucks and everything else, we just guarantee that we are
going to use it. Or we buy one that will be in our hands, ready to go in the
same amount of time, for the same cost, and otherwise fitting the same
parameters. OK? You can do it. Moved and second. Any discussion? If not,
please call the roll quickly.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 91-373
A MOTION INSTRUCTING THE CITY MANAGER TO PREPARE THE
NECESSARY SPECIFICATIONS FOR THE ISSUANCE OF A REQUEST
FOR PROPOSALS (RFP) IN CONNECTION WITH CONSTRUCTION OF
A NEW CITY ADMINISTRATION BUILDING FOR CONSOLIDATION
OF OFFICE SPACE FOR USE BY CITY DEPARTMENTS TO BE
EITHER ON CITY LAND OR ON A PRIVATELY OWNED SITE;
FURTHER STIPULATING NOTHING SHALL PRECLUDE THE CITY
MANAGER FROM ALSO CONSIDERING THE POSSIBILITY OF
ACQUIRING AN ALREADY EXISTING BUILDING, AND TO COME
BACK WITH SAID SPECIFICATIONS FOR CONSIDERATION BY THE
CITY COMMISSION AT THE MEETING PRESENTLY SCHEDULED FOR
JUNE 13, 1991.
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
Vice Mayor J. L. Plummer, Jr.
NOES: Mayor Xavier L. Suarez.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Commissioner De Yurre: And Mr. Mayor.
Mayor Suarez: Yes.
Commissioner De Yurre: On this contract, the lease, I don't want it to come
back, like the day before the meeting.
Mr. Bailey: We have time now, Commissioner.
191 May 9, 1991
11
Mayor Suarez: Or we really need a little bit more than that in advance.
Commissioner De Yurre: We at least, just like when we invoked the rule, we
need at least a good five days before us, so we can study it and analyze it,
and...
Mayor Suarez: I think, Mr. City Manager, given what we've done, if we don't
get it five days in advance, somebody could invoke the rule, so we'd better
shoot for that.
., Mr. Bailey: That's why we couldn't do the other. Because you have to
remember the day after your Commission meeting, the agenda is closed, so we
needed the time.
Mayor Suarez: OK. The agenda is not closed the day after a Commission
meeting.
Vice Mayor Plummer: A week after.
Mayor Suarez: The agenda is not closed until... the agenda begins on the day
of the Commission meeting. The Commissioner may challenge something that
requires action if it's not given to him or her five days in advance. Thank
you.
------------------------------------------------------------------------------
50. AMEND RESOLUTION 91-12, WHICH AUTHORIZED MANAGER TO LOAN $125,000 TO Z-
MART - STIPULATE NO PAYMENTS SHALL BE MADE UNTIL TOTAL $1.7 MILLION
FINANCING PACKAGE OF Z-MART IS PUT TOGETHER AND IN PLACE.
------------------------------------------------------------------------------
Mayor Suarez: Item 43. Z-Mart. No?
Mr. Odio: Z-Mart.
Vice Mayor Plummer: Z-Mart.
Mayor Suarez: Are you here basically, counselor, or Charles, on the issue of
the hundred and twenty-five thousand dollar loan?
Mr. Charles Howze: Yes, sir.
Mayor Suarez: OK. Do we have a recommendation from staff on this?
Mr. Odio: Yes, we do.
Mr. Bailey: Yes, it has been... the hundred and twenty-five thousand dollars
($125,000) has been incorporated as a loan, and we made a commitment to the
additional, hundred and twenty-five thousand, which give three hundred and
twenty-five thousand commitment from the City. - Z-Mart.
Vice Mayor Plummer: Question. What have you done in the protection of... Mr.
Bailey, what have you done in the protection of the City in the way of
collateral and the City's position?
Mr. Bailey: As they have proposed it, that we will have to take second
position, because the banks would be in first position on all assets.
Vice Mayor Plummer: And how much collateral?
Mr. Bailey: The total project is about one point four or five million - how
much is it, sir?
Mr. Howze: One point six million of finance, sir.
Mr. Bailey: One point six million, financing. Some of that is for inventory
I think, and hard assets is a lease, and furniture and equipment.
Vice Mayor Plummer: What is the net value of the collateral being offered?
192 May 9, 1991
Mr. Howze: The net value of the collateral is approximately, one million
four. It includes...
Vice Mayor Plummer: You know the question I am asking, we talked about it -
that the investors themselves are putting up in hard collateral?
Mr. Howze: We are putting up our personal residences, which will be... we
will have second mortgages, and the City of Miami, along with...
Vice Mayor Plummer: I am just asking the question. I want it on the record.
What is the hard collateral being put up by the investors?
Mr. Castaneda: A hundred and thirty-five thousand dollars.
Vice Mayor Plummer: Total?
Mr. Castaneda: Total.
Vice Mayor Plummer: OK.
Mayor Suarez: That's really the... the question is really equity. It's just
sort of...
Mr. Howze: Right, OK.
Vice Mayor Plummer: Well, it is equity, but it's also collateral, even though
we are in second position.
Mayor Suarez: And the equity, obviously, if it's built into the fixtures, and
somehow is there, will ultimately be collateral for the loan.
Vice Mayor Plummer: Mr. Mayor, I only have one provision in moving this
motion, or seconding, or voting for it. And that is, that the City does not
make any payments until such time as the total financial picture is complete.
Mayor Suarez: We'll be part of the closing, along with all the other loans? -
Is that...?
Vice Mayor Plummer: In other words, we are looking at a project of one
million six?
Mr. Castaneda: One point seven million.
Vice Mayor Plummer: One point seven. That the City does not expend its money
until such time as the total one point seven million financial package is put
together.
Mr. Castaneda: No problem at a11, Commissioner. That has always been our
intent.
Mayor Suarez: OK.
Vice Mayor Plummer: OK. I'll move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Any discussion? If not, please call the roll.
Mr. Fernandez: Mr. Mayor, just so that the record is clear...
Mayor Suarez: I was afraid of that. Yes, Mr. City Attorney.
Mr. Fernandez: Always better to make the record clear.
Mayor Suarez: Yes.
Mr. Fernandez: On this item...
Mayor Suarez: Given the confusion we have created on other items, yes.
193 May 9, 1991
Ahk
Mr. Fernandez: On this item, after due consideration, we believe it would be
best to come in, and rather than passing a new resolution, passing amendatory
resolution to the original one which was 91-312.
Mayor Suarez: However you want it, sir. Just tell us how to do it.
Mr. Fernandez: And that is in fact, the item you're voting on today which
contains exactly the same substantive issues you have discussed.
Mayor Suarez: Very good. Amendatory, or otherwise. I never even thought I
would hear that word. In fact, I don't think it exist - amendatory. All
right, we have a motion and a second on amendatory and otherwise. Yes.
Commissioner Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Does the Z-Mart people understand, that they must have
a package of one point seven million dollars in place before the City of Miami
will dispense one dollar?
Mr. Howze: Yes, sir. We understand that.
Commissioner Dawkins: You understand that?
Mr. Howze: We understand that.
Mayor Suarez: The closing has to be simultaneous. We are not going to...
it's bad enough that we are in a second position.
Commissioner Dawkins: No further questions.
Mayor Suarez: Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-374
A RESOLUTION AMENDING RESOLUTION NO. 91-12, ADOPTED
JANUARY 10, 1991, WHICH AUTHORIZED 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, INC. LOCATED AT 1100
NORTHWEST 54TH STREET, MIAMI, FLORIDA; TO PROVIDE BY
THE HEREIN AMENDMENT FOR THE ALLOCATION OF ADDITIONAL
FUNDS NOT TO EXCEED $125,000 FROM THE SEVENTEENTH
(17TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUND
(MINI-UDAG PROGRAM) FOR SAID PROJECT; PROVIDING FOR
THE TERMS OF REPAYMENT OF THE TOTAL LOAN AMOUNT OF
$325,000; SETTING FORTH THE CITY'S POSITION IN REGARD
TO LOAN COLLATERAL; AND AFFIRMING THE LOAN COMMITMENT
OF THE CITY FOR A PERIOD OF SIX (6) MONTHS FROM THE
DATE HEREOF.
(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:
194 May 9, 1991
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.
COMMENTa MADE DURING ROLL CALL:
Commissioner Dawkins: Reluctantly, yes.
------------------------------------------------------------------------------
51. INSTRUCT MANAGER TO OBTAIN APPRAISALS FOR PROPERTIES AT: (a) S.W. 23
AVENUE AND 8 STREET (SHEEHAN BUICK), (b) N.W. CORNER OF S.W. 15 AVENUE
AND 8 STREET IN CONNECTION WITH THE LITTLE HAVANA SPECIALTY CENTER
PROJECT. (Instruct Manager to present appraisals to the May 23rd
Commission meeting.)
[R.K.W.: Latin Quarter]
------------------------------------------------------------------------------
Mayor Suarez: Item 44.
Mr. Odio: Mr. Mayor, in April lath, we were instructed to try to explore the
purchase of the Buick property. The owner...
Mayor Suarez: What is your report today? - before we get into a big argument
as to whether we are moving out. Are we going to take any action today, or
you're just going to report how we are doing on negotiations?
Mr. Odio: No, no. The owners have agreed to sell three point one five acres
at the one million point seven.
Mayor Suarez: So we would buy a total of three point one five acres...
Mr. Odio: That comes out to twelve...
Mayor Suarez: ... for the money that we had allocated, earmarked, and
otherwise constraint for the site in the area that we've been dealing with for
a long time.
Mr. Odio: That is correct. That turns out to be about twelve dollars and
thirty-one cents a square foot.
Mayor Suarez: The money is still there?
Mr. Odio: Yes, the money is there.
Mayor Suarez: All right. What does this do from our planning standpoint? - I
guess you are recommending this, I see you at the mike, and you look spiffy,
and ready to go. I mean, No? All right, well I'm sorry. Whoever is...
Commissioner Alonso: He is not saying anything.
Mr. Odio: My point is simple. Unless we could purchase the Toledo site, and
the other sites we needed there, for the monies that we have...
Mayor Suarez: In the next hour and thirty-one minutes.
Mr. Odio: In the next two minutes.
Mayor Suarez: Right. Well, before the end of... we are not going to be here
an hour and thirty-one minutes, so, before we adjourn tonight.
Mr. Odio: Because we... as I told Elio today, we are asking for too much
money.
Mayor Suarez: How does that sound? You've got the rest of the tonight's
Commission meeting which could be anywhere from five more minutes to an hour
195 May 9, 1991
and thirty-one minutes to make sure that you can give us as good a deal on all
that we needed to acquire in the site that I think you prefer, right?
Mr. Elio Rojas: Yes.
Mayor Suarez: Do you have such a deal to proffer to us? Are they ready to
negotiate?
Mr. Rojas: Mr. Mayor, my name is Elio Rojas, president of the Latin Quarter
Association. Commissioners, I spoke to Toledo late yesterday, this morning
also, and very much, they are willing to do business with the City of Miami.
Mayor Suarez: Very much they what? - that they...
Mr. Rojas: To try to do a deal with the City of Miami.
Mayor Suarez: Trying is not enough. Trying is not good enough.
Mr. Rajas: And the way they talked to me, they apparently, they tried to
lower the price and the facility there. I asked them if they are willing to
come and to match the appraisal, and they said, not to match the appraisal,
but very close to. That's one point.
Commissioner Alonso: How much?
Vice Mayor Plummer: Seven hundred thousand?
Commissioner Alonso: Seven hundred thousand?
Mr. Rojas: No, Mr. City Manager, the appraisal was last eight hundred
thousand dollars and something.
Mr. Jack Luft: Depends on whether you include the Tower Theater, but for both
properties, it was seven hundred and seventy-five thousand dollars ($775,000).
Mr. Rojas: Well, something like that.
Commissioner De Yurre: Mr. Mayor, can't we, if we are talking about the
Buick, the Sheehan Buick property, even whatever decision we make on that,
again, it's pretty much the same scenario as we just had with the DuPont. You
know, you start negotiating, and by the time it comes back to us, it gives
them time to bring an alternative for us to consider. So, I don't think they
are being locked out in any way, fashion, or form at this point in time.
Commissioner Alonso: In the project as it was planned before, the Perez-Sosa
site, how does it affect the original plan that we had?
Mr. Luft: The Toledo site as you recall... I'm sorry, I came from a meeting
with Kagoshima, and I didn't bring my graphics, is a T-shaped piece of
property that in our professional opinion is not developable as a primary
site.
Commissioner De Yurre: Well, the deal was, to include Perez-Sosa.
Mr. Luft: And if we could get Perez-Sosa, then we may be able...
Commissioner Alonso: Perez-Sosa, I understand was sold to the gentleman who
was renting the cafeteria next to the Domino Park.
Mr. Luft: Yes.
Commissioner Alonso: So that property is gone.
Mr. Luft: The last offer that we had relayed to us through Mr. Toledo, was in
the neighborhood of four hundred and fifty thousand dollars ($450,000) for
Perez-Sosa Bakery. And that is...
Vice Mayor Plummer: Well, let me ask this question, Jack. The dealing
with...
Mr. Luft: In other words, we couldn't buy it.
196 May 9, 1991
a
Vice Mayor Plummer: The dealing with Toledo at this present time, what was
the last offer he made to the City?
Mr. Luft: A million seven for his property.
Vice Mayor Plummer: And you said, the appraisal came out at seven seven five.
Mr. Odio: The average was about eight hundred thousand.
Mr. Luft: That's right.
Mr. Rojas: It's in the record.
Mr. Luft: The appraisal this year, went down from the appraisal we did last
year.
Vice Mayor Plummer: But wait a minute, there is a big discrepancy here. If
we have a million seven to buy what is the remaining parcels of property, we
cannot, as I understand it, get the bakery, that's gone, that's history.
Mr. Luft: They are not really interested in selling.
Vice Mayor Plummer: OK. Then, where are we? I mean...
Mr. Luft: Well, we are spending...
Vice Mayor Plummer: Even if we acquire the Toledo site, you're saying that
your recommendation is that it's not a buildable site.
Mr. Luft: That's correct.
Vice Mayor Plummer: What the hell are we doing? - I mean...
Mr. Luft: Well, we did not recommend doing that. We recommended buying some
property adjacent to our existing site, on the north side of the street, to
try to make that as large as possible. But that also came out to in excess of
thirty dollars a square foot, because we were buying occupied buildings. And
that's when the offer came forward to you from Sheehan Buick, and you rejected
all proposals at the 15th Avenue location, and instructed us to look
elsewhere. We wanted to come back to you at the first available meeting, and
report to you the progress that had been made. The original offer on the
record of sixteen dollars a square foot, after discussing it with them, came
down to twelve dollars and thirty cents a square foot. And they were willing
to sell the entire parcel between 23rd and 24th that they owned, which was
three point one five acres, or a hundred and thirty-seven thousand square
feet.
Vice Mayor Plummer: Yes, but I'm more concerned in your recommendation, and I
assume the Manager's, that even if we acquire the Toledo property, that in
your estimation it's not a feasible, buildable site.
Mr. Luft: That's correct.
Vice Mayor Plummer: And that bothers me. I mean...
Mr. Luft. We never recommended acquiring it, Commissioner.
Vice Mayor Plummer: I didn't say that you did, OK?
Mr. Luft: OK.
Vice Mayor Plummer: You know, they are talking about the possibility of
acquiring it, that the man may be more reasonable today than he was, but even
if he is, you are saying, it's not a good site. I don't understand it.
Mr. Rojas: Yes. Can I say something please?
Mayor Suarez: Oh yes.
Mr. Rojas: Beside the...
Mayor Suarez: Things are not going your way, you better say something.
197 May 9, 1991
Mr. Rojas: Thank you. Beside the Toledo site, if we go along with him, we
have another alternative. We have the alternative to use the 15th Avenue...
street, which we have thirty thousand square feet there. Also, the corner on
the west side, that will be the...- what is it named?
Mayor Suarez: The Tower Theater.
Mr. Rojas: No, the Capo.
Commissioner Alonso: The Capo.
Mr. Rojas: Capo Furniture.
Commissioner Alonso: Who leases Futurama.
Mr. Rojas: Futurama, yes.
Commissioner Alonso: Futurama Furniture Store.
Mr. Rojas: So, we have in there, I guess, about another...
Mayor Suarez: You mean the north side. On the north side of the street?
Commissioner Alonso: The north side.
Mr. Rojas: The north side, yes.
Mayor Suarez: Ah, you said the west side.
Commissioner De Yurre: How big is that property?
Mr. Rojas: That's about another twenty thousand square feet. So, we have
already about thirty-five thousand square feet, and we have also for the 15th
Avenue, another thirty thousand square feet. And we can get it for - Capo...
and I don't count the other guys next to him, maybe, he is willing to sell it
too, and then we will have the whole block, the entire block. I mean, this is
something new coming up. What happened Mr. Mayor, and Commissioner, we are
very surprised, because we saw in the papers yesterday, they are willing to do
this for the Latin Quarter Specialty Center, whether or not it's knowledgeable
for anybody, and we jump just like a...
Mayor Suarez: That's not right.
Mr. Rojas: That isn't right, Tat's what Miami Herald say.
Commissioner Alonso: Well...
Mayor Suarez: We've been negotiating, we've been dealing with this thing for
six months, if not longer.
Mr. Rojas: Mr. Mayor, we saw it in the paper.
Commissioner De Yurre: I saw it, about the Sheehan Buick situation.
Mayor Suarez: Right. Well, the thought of Sheehan Buick first came up, at
least, two Commission meetings ago.
Commissioner Alonso: Yes. And also it came from the fact that it's very easy
to say, if these people ask thirty-two dollars a square foot, and this one is
twelve, I mean, it's easy to decide.
Mr. Rojas: That, I understand. Of course, I understand.
Mayor Suarez: That's your comparison right there.
Commissioner Alonso: You go for twelve rather than thirty-two.
Mayor Suarez: All right now, your configuration you are talking about now,
has that been looked at? - where you start going west, well, and north, I
guess.
198 May 9, 1991
Mr. Luft: You are talking about a property that's basically, four hundred and
fifty feet long, and a hundred and thirty feet deep, which is a very difficult
site to build what we are trying to do. The advantage of the Sheehan Buick
site, as was our...
Mayor Suarez: How deep is that?
Mr. Luft: That's a full block depth of about two hundred and seventy feet.
Three corner exposure.
Mr. Rojas: This again... we have to try to relocate the Latin Quarter
Specialty Center one site. The Latin Quarter is not in the 24th Avenue.
Beside that, we have one million point eight designated for the Latin Quarter
in the Latin Quarter area.
Commissioner Alonso: Mr. Rojas, I don't think anyone really is calling this
the Latin Quarter Specialty Center, the only people that are calling it the
Latin Quarter Specialty Center, is the Miami Herald, because they are thinking
of the concept. That's all.
Mr. Rojas: Well, that's why we are here.
Commissioner De Yurre: Well, but the problem is, that it takes the money...
Commissioner Alonso: But no one is really doing it. What we are saying is,
and perhaps what we can try to accomplish, and I hope that is what is done,
is, we can have a smaller version of what you had some years back of the idea
of that development, with the property that we have, the street, and a portion
of the other property, and hopefully, the theater across the street could be
purchased by the City of Miami. And by working, private sector and
government, we can accomplish both. - the 24th Avenue, as well as the property
in 15th Avenue. And that's what we are trying to accomplish.
Mayor Suarez: Yes. There is one other consideration. I don't know if I am
interrupting your line of inquiry Commissioner De Yurre, but the whole idea,
you haven't articulated it, but I think it's the point that merits is being
made here. Not because you call it Latin Quarter, or whatever, but because of
the character of that neighborhood. The whole idea is, that if we acquire
sufficient land, and do it just right - I mean, have the right configuration,
which we haven't been able to do in that corner, you have to admit, we have
tried awfully hard, for the money that we have got - that we will be able to
attract a specialty center, or some other kind of...
Commissioner Alonso: Development.
Mayor Suarez: ... development that is helpful to the area, and that is
attracted to the sort of Latin character of the area, or whatever the term is,
Cuban character, if you want, Mediterranean character, Hispanic character,
whatever, I don't even care about the term. Now, what says - because I
believe that that would happen...
Commissioner Alonso: Oh, yes.
Mayor Suarez: ... in your area. I am convinced that it would happen.
Commissioner Alonso: Me too.
Mayor Suarez: ... and fifteen years of consideration says that it would
happen, otherwise, somebody has been playing a big game on everybody else.
Now, what says that that would happen, or whereby the establishment whose
owners are represented here... now I know why you are here, we are happy to
have you, Centro Vasco so well known. What would say that... see, there is
always a reason why people are here, you know.
Vice Mayor Plummer: Warner Tuchee is not here smiling for no reason at all.
Mayor Suarez: That last name is incredible, I'm trying to pronounce it
Zarsarbitoria, right? - Did I have that right? It's like taking me a lot of
years to get that. All right, that's what happens with Basque names.
Commissioner De Yurre: Mr. Mayor, certain...
199 May 9, 1991
Mayor Suarez: What says that that... if I just may ask a question, it's a
long-winded way of asking it. What says that there would be private money
attracted to the area over there, which is not all that, you know, Little
Havana does not have the Domino Park, does not have the Tower Theater that
everybody is thinking some day will be something like a cultural attraction,
right now, it's...
Commissioner Alonso: Mr. Mayor, if I can answer that without giving names,
yes, it will have it, and very soon.
Mayor Suarez: All right. Put that's...
Vice Mayor Plummer: Where would Celia Cruz sing during Calle Ocho?
Mayor Suarez: Unfortunately, with all due respect to my fellow Commissioner,
that's not really enough for me. I mean, I need to know.
Commissioner Alonso: Well, we have the people who are really interested at
looking at the property. They are trying to put their package together, and
yes, it's happening right now.
Mayor Suarez: OK. Because the last time that this was... now, I don't point
any fingers at anybody, but let me point a finger at the Manager and say, that
the last time this was discussed, he came over to me when that property was -
and I don't... this is not to criticize you or otherwise, sort of put you on
the spot, but you were so excited about that site, and the price...
Commissioner Alonso: You mean the 15th Avenue?
Mayor Suarez: ... which is fine - I was very excited about the site and the
price too. You came over here and you said, listen, for all I care, we ought
to buy that and build a park there. We are not in the business of building
parks on Southwest 8th Street.
Commissioner Alonso: Oh, I hope not.
—� Mayor Suarez: ... Southwest 8th Street is a commercial strip, it is a very
important strip, a very expensive commercial strip, compared to other
commercial strips I can think about where we can get property a lot cheaper
than here, and we need to attract economic activity there, not necessarily a
' park which can be put on, you know, the streets behind it.
Mr. Odio: No, what I said, and I repeat it, that the price is so good, that
even while we wait, and make it into a park there...
Mayor Suarez: I don't wait though. I want to make sure that this fifteen
years that we are talking about, are not sixteen and seventeen, and eighteen,
and nineteen.
Commissioner Alonso: It will not be.
Mr. Odio: Since we were here the last time, there are some companies that are
interested seriously in that property.
Mayor Suarez: Well, for me to vote to acquire it, I would have to know about
those companies, and I would have to...
Commissioner De Yurre: Well Mr. Mayor, don't we by law have to get a couple
of appraisals?
Mr. Luft: Yes.
Mr. Odio: Oh, yes.
Commissioner De Yurre: So I mean like, you know...
Mr. Luft: We are here to suggest to you that...
Commissioner De Yurre: Right off the bat, we've got to have that.
Mr. Luft: We are officially reporting to you the results of our discussions.
200
May 9, 1991
Commissioner Alonso: We are not making a final decision at all.
Commissioner De Yurre: I know, but we need to have that.
Vice Mayor Plummer: I agree.
Mr. Luft: If it sounds appealing to you, you may choose to ask for
appraisals, and to proceed.
Mayor Suarez: The moment is now. I mean, unless I am hearing the Commission
wrong, I think there is a consensus here that yes, that area is just as
attractive as the one we've been talking about, the one you are interested in.
The price is right over there, the price is wrong over here. Even if we were
to do that deal, and not do the one that we have been contemplating on 15th
Avenue, we would try to figure out a way to get other monies to renovate the
theater, to expand, you know, the City presence, and the development that we
want to foster there. But obviously, we would have given up one point seven
million dollars that we have in hand now.
•- Commissioner Alonso: Yes. And Mr. Mayor, also some sort of development in
that 15th Avenue.
Mayor Suarez: Yes.
Commissioner Alonso: It's very much needed, and we are more than aware.
Something has to be done there.
Mayor Suarez: So, you have your work cut out for you. Because I think that
the motion that will be in order will be a motion that says, to the staff and
to the Manager, yes, we are very interested in beginning to negotiate towards
acquisition over there, allocating the one point seven that we have for over
here, over there instead. I don't think it makes any sense to try to split
that money, it's all we have got right now. The rest is speculative and is
future, and you've got your work cut out for you. You've got to get those
people to come in at one point seven million.
Commissioner De Yurre: Well Mr. Mayor, let me...
t
Mayor Suarez: I mean, that's for my vote. Maybe, I am misstating the
Commission.
Commissioner De Yurre: Well because my concern now is that, here we have
allocated, and if we recall, the money came from the sale of the property that
we got a million and -a -half dollars, and now, we have got one point million
dollars as far as I know, it's not one point seven, it's one point eight what
we have.
Mr. Luft: Well, we've spent about twenty-five thousand on appraisals, and if
we have to do more appraisals, by the time we get done, it will be about a
million seven hundred and fifty we have available, but we're...
Commissioner De Yurre: OK. Well, "X" dollars, that amount that I am talking
about, all these years these people have been working under you know, the
belief that that money is available, and they've been working hard to making
it happen. It hasn't happened, but it's not for a lack of work.
Mayor Suarez: We've been working awfully hard too.
Commissioner De Yurre: That's right. Now, a point that I think, and we have
to deal with the fairness of the situation is, there is land across the street
that we have available right now. Maybe, they can come up with the adjacent
piece of property on 15th at the furniture store, and maybe, we can assemble
something there. But if we are going to all of sudden, take that one point
seven and move it down the street, then yes, you can have the land, but you
can't buy the balance of the land that may be available, and you can't do
anything unless we identify money to develop that project. So all of a
sudden, that dream is gone, because it went down four, five, six, seven, eight
streets. And they are left out in the cold.
Mayor Suarez: But the dream is not there anymore if we split the money, let's
say, or if we buy something that is not configured right, to develop a
201 May 9, 1991
V
specialty center, and it just sits there like the lot next to your property,
or the one where your building used to be, so.
Mr. Rojas: Mr. Mayor. We are awarding...
Commissioner Alonso: The property, the Toledo property, it will not make any
sense.
Mayor Suarez: Wait, wait, wait. Nobody has asked you anything yet, Elio.
Commissioner Alonso: The furniture store, perhaps, will make sense by closing
the street, and it will also be a smaller version always, because there is not
enough land. But there is a possibility, a very nice possibility, I myself,
would not give up in that idea.
Commissioner De Yurre: But the thing is, where would the money come from if
we take that money and slide it down?
Commissioner Alonso: I think it's too important for the area, for the Latin
Quarter, as to give it up altogether. What we have to try to...
Mayor Suarez: Yes. I'm not ready to allocate one point seven million to the
other property, because I am not convinced that that would attract the kind of
development that we want in the private sector investment. But I am telling
you, I am awfully close to abandoning your site in favor of the other one
particularly, if I hear of the interest of some people in developing that
along the lines of what we want, and I am convinced that that really will
happen. It can't be just sort of, you know, what we hope will happen. I have
heard that around here so many times.
Commissioner De Yurre: Can I make a motion Mr. Mayor?
Mayor Suarez: Yes.
Commissioner De Yurre: Let me see if we can get... so we have some fairness
in this.
Mayor Suarez: And so, you've got your work cut out for you.
f
Commissioner De Yurre: I would move that just as we are working towards
possibly going and obtaining appraisals at the Sheehan Buick site, that if
this property that they are talking about, the furniture store is also
available, that appraisals also be made on that, so that we can make a
decision on what we want to do. You know, everything presented us at the same
time.
Mayor Suarez: I would second that motion. That still leaves our options open
until the last moment.
Mr. Rojas: Mr. Mayor.
Mayor Suarez: No, no, Elio. Things are going your way as well as they could
possibly be under the circumstances. I don't think there's any thing you
could possibly add at this point.
Mr. Odio: I need to put something...
Mayor Suarez: The motion is to proceed to do appraisals. It's not a specific
one. You have to have some discretion of what we're talking about here. But
I think you understood generally the area we're talking about and also to
complete the Sheehan Buick appraisal so that we'd be in a position to acquire
that if we were inclined to do so, and that's Commissioner De Yurre, and I'm
inclined to second it, if nobody else wants to second it. Hopefully...
Mr. Odio: No, fine, just to put this on the record, if I may, Commissioner.
We have to spend the $300,000 by July of 19... this year.
Mayor Suarez: Make those appraisals...
Mr. Odio: OK.
202 May 9, 1991
Mayor Suarez: ...very quickly. Don't tell us that they're month appraisals.
If you need me to find people that will do the appraisals for you in 15 days,
please let me know. I will find them for you.
Mr. Luft: We've already contacted them and they're in line.
Mayor Suarez: Thank you. And get those appraisals quickly. And get them
back to us by the 23rd, and we're going to have to make a decision which way
we're going to go on the 23rd, I would think. That's the best we can do.
Commissioner Alonso: OK.
Mayor Suarez: You got about 15 days, 14 days to move very quickly.
Commissioner Alonso: Yes.
Mr. Rojas: Mr. Mayor, what I would like to, along with Jack Luft, please, I
assume he's going to be in touch with us property. I would like to be
involved in all of this.
Mayor Suarez: Yes, he's been in touch with you for time immemorial. He will
continue to be in touch with you, because we've asked him to still look at
both sites. But we're pretty much getting to the time that we're going to
have to make a decision. And they tell us that 1.7 million is only good
enough for one of the two. That we should split it. And I'm inclined to
accept that argument. So we basically have fourteen days.
Mr. Rojas: The idea to split it, let's see, I don't like the idea because we
work...
Mayor Suarez: Well, if you don't like it, then nobody likes it then, because
I was just saying that as an idea.
Mr. Rojas: Yes, all right.
Mayor Suarez: Commissioner De Yurre obviously, and all of us want to try.
Commissioner Alonso: What we cannot afford to do is continue having that
money sitting down, nothing happen in the area, and...
Mayor Suarez: Right.
Commissioner Alonso: ...and just - we have to help...
Mayor Suarez: Yes, we...
Commissioner Alonso: ...the development of the area. And if we cannot get it
done here, and we move in the other location, we are helping the area anyways,
giving some sort of confidence. Let's hope that we can do both.
Commissioner De Yurre: I think they're aware that we've tried all that we
can. This is our last chance to make something happen.
Mayor Suarez: Yes, it's better for 15th Avenue that we do something on 23rd
Avenue soon, than never do anything and just talk about it for another "V
number of years, 15 years or otherwise. All right, so that's in the form of a
motion, and it's been seconded.
Commissioner Dawkins: What's the motion?
Mayor Suarez: The motion is that we proceed to do appraisals on both
alternatives before us. The one that involves the 15th Avenue area on the
northwest side, I guess, and the one at 23rd, Sheehan Buick. So we...
Commissioner Dawkins: What time... like you said, what time frame are we
doing them in?
Mayor Suarez: We need them for the Commission meeting of the 23rd, I would
think, if we can get it.
Commissioner Dawkins: And on the 23rd, are you going to make a decision to
get something done?
203 May 9, 1991
Mayor Suarez: I think we're going to have to give instructions to the Manager
on the 23rd to proceed to close on one of the two. And, for the moment,
forget the other one until we can get more monies.
Commissioner Dawkins: Because all of us sitting here are interested in
getting some development on S.W. 8th Street.
Mayor Suarez: You got it.
Commissioner Dawkins: Because it's... I mean, we definitely, all of us,
that's what we want.
Mayor Suarez: You got it, yes. OK, that's in the form of a motion. Moved
and seconded by Commissioner Alonso. Any discussion? If not, please call the
roll. They got a lot of work to do in the next 14 days.
Mr. Luft: Thank you, sir.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 91-375
A MOTION INSTRUCTING THE CITY MANAGER TO OBTAIN
APPRAISALS FOR THE PROPERTY LOCATED AT S.W. 23 AVENUE
AND 8 STREET (OTHERWISE KNOWN AS THE BUICK PROPERTY)
AND ALSO FOR THE PROPERTIES ON THE NORTHWEST CORNER AT
S.W. 15 AVENUE AND 8 STREET; FURTHER DIRECTING THE
MANAGER TO BRING BACK SAID APPRAISALS AT THE
COMMISSION MEETING OF MAY 23, 1991. [Possibly relating
to the Little Havana Specialty Center Project.]
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
--R' Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner De Yurre: And, Mr. Mayor, if we can direct the administration to
kind of taking that piece of property that we're talking about, the furniture
store, make some kind of design of what possibly could be built there.
Mayor Suarez: Yes, please, and look at the configurations. We've been
creative all the way up to here, Jack, and we can certainly continue being
creative and, Herb. Look at that configuration creatively, don't give up on
It.
Mr. Luft: Surely. I'll bring...
Mayor Suarez: It's still, to me, that most nostalgic attractive - at least to
me...
Mr. Luft: Yes, the...
Commissioner Alonso: We have to develop both.
Mayor Suarez: And if the other one was a nice idea that maybe we'll have
interest from people as Commissioner Alonso has heard, and so on, that's nice,
but this is the traditional area that we think will attract tons...
Mr. Luft: You're right.
Mayor Suarez: It's already attracting a lot of tourists. I mean, you just go
over there and you can see it. Thank you, everybody. This motion has been
M 204 May 9, 1991
s �r
made. It's very helpful to your cause, and I'm not going to entertain any
more debate. You've got a lot work to do in the next 14 days. Explain that
to them, please.
Unidentified Speaker: Not a debate, it's a suggestion.
Mayor Suarez: I can't imagine anything that we haven't heard, but...
Unidentified Speaker: Why do you make... You can make a building for the City
in the Buick site, if you want to.
Mayor Suarez: All right.
Unidentified Speaker: And let us do what we've been fighting for 15 years, in
15 and 8.
Commissioner Alonso: But why do you argue about the fact that we can develop
both sites?
Unidentified Speaker: No, no, I don't say anything about. If you want a
development, the other one. No.
Mayor Suarez: You're concerned that we used the money all up on 23rd, I know.
Unidentified Speaker: Just in the place we need is in 8 and 15, because it's
destroyed.
Commissioner Alonso: Get the people to lower the prices.
Mayor Suarez: Get them to lower the prices.
Commissioner Alonso: Yes.
Unidentified Speaker: What do you do with the land up there?
Commissioner Alonso: Get the people to lower the prices to what it's worth.
Mayor Suarez: We will sell it. If the land was worth what he charged...
Unidentified Speaker: We'll try.
Commissioner Alonso: Let them not want to take the money of the City of Miami
what it's not worth.
Unidentified Speaker: OK, well I'm going to try. I'm going to try.
Mayor Suarez: If this gentleman that is next to you with the glasses, the
tall fellow, didn't charge us too much, we should be able to get for that
property a fair amount of money. At least as much as he charged us for it,
because he sold it to us. All right?
Unidentified Speaker: OK.
Mayor Suarez: We have a motion and a second. Any discussion? If not, please
call the roll.
Unidentified Speaker: Thank you.
Ms. Hirai: Yes, we've already called the roll.
Commissioner Alonso: We already voted.
• Mayor Suarez: All right, I've got a little point to make on the City
Attorney, an amendatory...
Commissioner Alonso: Oh, no, don't get into that!
Vice Mayor Plummer: Ah, no, b0000000! B000000!
Mayor Suarez: I just want to...
Commissioner Dawkins: I second the motion. I second the motion.
205 May 9, 1991
Commissioner Alonso: The words exists, that's all, let's move.
Mayor Suarez: I just want to tell you, this dictionary has failed the test of
a good dictionary.
Mr. Luft: Am I out of here?
Mr. Bailey: Yes, you're out of here, Jack. Good job, sir, whatever that is.
Vice Mayor Plummer: Wait a minute, I want an outside legal opinion.
Mayor Suarez: This has amendatory, which is bad enough. But it also has...
Commissioner Alonso: Are you serious? Do you know what time is it? Stop itl
Mayor Suarez: Wait, wait, this will take just a minute, half a minute.
Vice Mayor Plummer: Ahhhhhhhl
Mayor Suarez: Fifteen seconds. It's got the word orientate. Bad dictionary.
The word is orient and the other one is an Anglicism, Americanism, what ever
you call it. It's a worthless dictionary. All right. It failed the test of
a good dictionary. Orientate, can you imagine? -when you should be using the
word orient. Yes, please, in the back! In addition to, in the front.
Please. Oh, we have little kids there. You know, I have a suggestion for the
little kids. If they'd like, they can go upstairs, run around the hallway,
the Commissioners' offices, rifle through my papers, whatever. That might be
better for them, seriously, whoever is with them.
Commissioner Dawkins: They can go in my office and put on cartoons if they
can find them.
Mayor Suarez: They can go to Commissioner Dawkins' office and put on
cartoons, make sure they don't put on the wrong channel over there.
Commissioner Dawkins: Now, that's a low blow.
Commissioner Alonso: That's a low blow.
------------------------------------------------------------------------------
52. DISCUSS AND TEMPORARILY TABLE DISCUSSION CONCERNING DINNER KEY BOATYARD
JOINT VENTURE REORGANIZATION (See label 60).
[R.K.W.: Merrill Stevens, litigation, lawsuit, bankruptcy, eviction,
lease, Faison Enterprises.]
------------------------------------------------------------------------------
Mayor Suarez: All right, item 45.
Mr. Herb Bailey: Dinner Key Boatyard.
Mayor Suarez: Where are we, Herb? -and what should we do?
Mr. Bailey: What we have submitted to you, Commissioner, is a draft agreement
that has been modified somewhat with those items that we thought might be
permissible. We have also attached to it a summary of those changes, and
there's lot of...
Vice Mayor Plummer: Mr. Mayor, may I stop Herb for one minute, because I'd
like to ask a question? Is the litigation over?
Mr. Bailey: No, it's not...
Vice Mayor Plummer: OK.
Mr. Bailey: ...and the reason we're here today is that the next course of
action to go back before the bankruptcy judge is a decision from this
Commission as to whether or not they're going to agree to certain terms of the
reorganization which requires some decision here in terms of the lease. And
what we have...
206 May 9, 1991
Vice Mayor Plummier: Excuse me. I guess really there was more than one phase
of litigation. I'm speaking to the phase of litigation which evicted the man
who was not paying the rent. Now...
Mr. Odio: Well, the moment we went into chapter eleven... he went into
chapter eleven, that stopped.
Vice Mayor Plummer: That then prompted another court action.
Mr. Bailey: That's right.
Vice Mayor Plummer: OK.
Mr. Bailey: The possession will happen if and when, either side on this
particular action here which has to go back before the bankruptcy judge.
Mr. Odio: There is no other court action. We went into court and started
eviction process and then the man went into bankruptcy.
Mayor Suarez: We stopped the eviction....?
Mr. Fernandez: No.
Mr. Odio: No.
Mayor Suarez: I mean, we dismissed it?
Mr. Fernandez: As a matter of course, whenever there is a court proceeding
going on and one of the parties, in this case the defendant, files for
bankruptcy, there is an automatic stay in the other court while the bankruptcy
court...
Mayor Suarez: All right, but that's not what has been said so far. So the
action was stayed.
Mr. Fernandez: That's it.
Mayor Suarez: But it's still pending.
Mr. Fernandez: Yes, it is still pending.
Mayor Suarez: It is not dead. It is pending, Mr. Manager. As soon as the
bankruptcy court lets us complete it. If we don't decide anything else
today...
Mr. Fernandez: It will go back...
Mayor Suarez: ...we will throw them out on their ears.
Mr. Fernandez: Correct.
Mayor Suarez: Thank you.
Commissioner Alonso: Because they were not really in possession of...
Mr. Odio: Oh, yes, they are.
Mr. Fernandez: Yes.
Mayor Suarez: They are there.
Commissioner Alonso: They were in possession, but...
Mr. Fernandez: Well...
Commissioner Alonso: Do we really allow this to be this way, even though they
had not....
Mr. Fernandez: The trustee of the bankruptcy court has imposed certain
conditions while they remain there in control, they are very much under the
supervision and under the control of the bankruptcy court.
207 May 9, 1991
Commissioner Alonso: OK.
Mayor Suarez: It's the old sovereignty argument.
precedent.
Federal courts take
Vice Mayor Plummer: I'm not a lawyer so I've got to ask a question. Does the
judge make a determination to accept or deny the filing of bankruptcy?
Mr. Fernandez: The bankruptcy judge? Yes, he ultimately has the power to
decide whether the bankruptcy that was filed in front of him is legitimate or
not. And he has not yet reached the merits on that question. He...
Vice Mayor Plummer: Well, once he...
Mayor Suarez: When is he expected to reach the merits of it? I mean, when...
Mr. Fernandez: As soon as we go back to him with a decision as to whether we
determine that the proposed reorganization is acceptable to us, then he will
pass on that reorganization. And then he will terminate the interests of the
parties that went into bankruptcy.
Mayor Suarez: I hope we did not, by trying to confect creatively a
continuation of the existing lease award, in any way indicate to the
bankruptcy judge that we were not interested in him making a determination
very quickly as to the right to be in bankruptcy and to stop our eviction, did
we? By being here today, we have not given the wrong signal to the bankruptcy
judge, have we?
Mr. Fernandez: No, not at all, to the contrary. The bankruptcy...
Mayor Suarez: I mean, the signal is clear that we would prefer to have swept
them out and started, you know...
Mr. Fernandez: The bankruptcy judge has determined that he will consider this
reorganization proposition before he rules on any of the other merits on the
case in front of him.
Vice Mayor Plummer: But even if a man files for bankruptcy, why does that
stay the other action? I don't understand.
Mayor Suarez: It's a legal doctrine that you're not going to understand
tonight.
Mr. Fernandez: Thank you, Mr. Mayor.
Vice Mayor Plummer: There is such a legal doctrine?
Mayor Suarez: It's complicated. It's used a lot by people...
Mr. Odio: What happens is, Commi... Everything stops until the bankruptcy
judge decides what to...
Commissioner Dawkins: Another lawyer explaining it to you.
Mayor Suarez: Not me.
Commissioner Dawkins: I'm talking to J.L. Plumper. Another lawyer is
explaining it to you.
Mayor Suarez: It really is kind of a strange way to proceed.
Vice Mayor Plummer: You know, maybe we ought to learn from Latin and South
America. If you fail to pay your creditors, you go to jail.
Mayor Suarez: You're out.
Mr. Bailey: You get shot.
Mayor Suarez: Get shot!
Vice Mayor Plummer: Get shot. I didn't say that.
208 May 9, 1991
1 41
Mayor Suarez: You can always leave it to Herb Bailey to be even more radical,
you know.
Vice Mayor Plummer: I might feel that way, but ... OK.
Mayor Suarez: OK. Counselor...
Commissioner Alonso: Don't take action, please.
Mayor Suarez: What is your interest in all of this and your perspective that
you are so eagerly waiting to tell... or do you want to complete the report,
Herb, on what you think can be done here to...
Mr. Bailey: I just want to finish. Well, our only thing we're doing here,
Mr. Mayor, is that we're trying to get some determination so our law
department can go back to the bankruptcy judge with some sort of decision from
here.
Mayor Suarez: Policy decision.
Mr. Bailey: And what we've done is just outline some of those changes that we
felt that might be appropriate to consider. However...
Mayor Suarez: OK, and when you say appropriate, also legally defensible,
right? -as to reconstructing this deal.
Mr. Bailey: Some of those...
Mr. Fernandez: Some of them, others not at all.
Mr. Bailey: Yes...
Mr. Fernandez: And I have very definite recommendations to you on threshold
issues which would prohibit you from considering the proposal.
Mayor Suarez: You're all together on this, right? Whatever you're going to
recommend to us.
Mr. Bailey: We're together.
Mr. Fernandez: We're together.
Mayor Suarez: Thank you. Tell us what you're together on. Don't tell us
what you disagree on, please.
Mr. Bailey: I think most of the presentation will be by the substitute lessee
that the court is considering. And in front of you is a letter from them for
which they have some exception as to some of the decisions that we have made,
and we thought it would be appropriate for them to come before the City
Commission and discuss them.
Mayor Suarez: Let me warn you, counselor, having set the table for you, that
anything that you tell us that is something that the two of them haven't
agreed on as something that we think we can properly do, that is advisable and
legally defensible as against a challenge of the Merrill gang - I guess
they're here for something with lobbyist in tow - we're likely not to be
interested in doing. We're likely to just go back into good old bankruptcy
court and try to get a determination so we can sweep you and your clients and
prior...
Mr. Fernandez: Mr. Mayor, you're...
Mayor Suarez: ...title holders or whatever you call it, tenants, out of there
in short order and do this correctly and quickly and expeditiously.
Mr. Fernandez: Mr. Mayor...
Mayor Suarez: Yes?
Mr. Fernandez: ...you're very perceptive, and let me perhaps not preempt
him...
209 May 9, 1991
_j
l
Mayor Suarez: Thank you.
Mr. Fernandez: ...but merely give you some guidance. There are two threshold
issues which are very significant, one is the "as is" requirement that was put
in the RFP. All of the proposers had it in their proposals, and the final
lease agreement that was worked out with the party we're now in litigation
contained an "as is" acceptance. To the Faison group the "as is" wording is
not acceptable, and our legal position is at as a matter of a threshold legal
question unless they're willing to step in identically the same shoes as the
previous party or the present party is in, that you, as a Commission, cannot
consider any kind of reorganization or any other issue.
Mayor Suarez: And what's the other one? It sounds like that one is already
going to bring us to a head here.
Mr. Fernandez: Yes, the other issue is that some of the other changes, while
we would consider them to be... some of the other changes while there would be
mostly in the domain of the business decision or the administration looking at
it, for example, one of them may be as it's being proposed an extension in the
term of years. That would be somewhat more defensible in light of the fact
that the RFP went out giving a maximum number of years. Proposers came in
giving a variation of numbers of years...
Mayor Suarez: We will accept your somewhat more defensible to be defensible,
because otherwise this never ends with the City Attorney.
Mr. Fernandez: Well, but let me qualify it.
Mayor Suarez: Yes?
Mr. Fernandez: Let me qualify it though. Let me qualify it by saying...
Mayor Suarez: You're going to qualify it even more than somewhat more
defensible?
Mr. Fernandez: No, no, that only with a condition that there be a full
indemnification on the part of Faison towards the City for assuming whatever
risk we may be undertaking in modifying any provisions of the existing lease.
Mayor Suarez: OK, that kind of a hold harmless or indemnification only really
applies to attorneys' fees because the rest of it, we're still stuck with it.
I mean, you know...
Vice Mayor Plummer: Well, didn't the City set a policy stating the maximum
amount of years?
Mr. Fernandez: Yes, you certainly have when you agreed, when you entered into
the lease.
Mayor Suarez: Oh, they don't intend to go to a higher number of years, do
they?
Vice Mayor Plummer: Yes.
Mr. Fernandez: Well, they're asking for a higher number of years.
Mayor Suarez: OK, what was our specs?
Vice Mayor Plummer: I thought we said a maximum of 25...
Mayor Suarez: Or our fee?
Vice Mayor Plummer: ...is what I recall.
Michael T. Moore, Esq.: It's not true.
Mr. Bailey: It was an extension there. I think it might be a good idea...
Mayor Suarez: We had a range, I think, at the time. We had a range. Just on
that point, so we have an idea. What are you proposing?
210 May 9, 1991
Mr. Bailey: I think it might be a good idea to let them speak.
Mr. Moore: We're not seeking a higher number of years.
Mayor Suarez: You're what?
Mr. Moore: We're seeking a higher number of years than what's in the lease.
Mayor Suarez: How many, counselor?
Mr. Moore: In the lease, but not in the request for proposal.
Mayor Suarez: How many years are you seeking? -so we get that on the...
Mr. Moore: Forty-six.
Mayor Suarez: Forty-six.
Vice Mayor Plummer: Well, that was the pro...
Mayor Suarez: Did we ever contemplate forty-six in the original RFP at all?
Mr. Odio: No.
Vice Mayor Plummer: That's what we turned down. One of the proposals had
forty-six.
Mr. Odio: And I said no to that. It's too many.
Mr. Bailey: He said in the original...
Mr. Moore: I think we can answer a number of your questions.
Mayor Suarez: Please, please, please. We want to know what we did before,
counselor, because we're going to have to defend this possibly. Didn't we
contemplate that possibility? That wasn't ruled out in the RFP.
Mr. Odio: The lease called for thirty-five years. So, and they want to go up
to...
Mayor Suarez: The lease called for thirty-five years. What about the RFP?
Mr. Odio: And they want to go up to forty-six.
Mayor Suarez: What about the RFP?
Vice Mayor Plummer: We11, the RFP said that if you spend "X" number of
dollars...
Mayor Suarez: It was variable.
Vice Mayor Plummer: ...you could get "X" number of years. And the more you
spent, the more years you could get. But this Commission did set - as I
recall, Miller Dawkins was the one who screamed and hollered that there had to
be a maximum amount of years, and...
Mayor Suarez: But I think we did that in negotiations with this particular
group.
Vice Mayor Plummer: And I think it was 25, or maybe it was 30, but there was
a policy set by this Commission.
Mayor Suarez: Al right. I'm not sure that either of the threshold legal
questions is solvable, but try it.
Mr. Moore: My name is Michael Moore, I'm an attorney with the law firm of
Holland & Knight. And I represent a company named Faison Enterprises. I'd
like to introduce the regional partner of Faison Enterprises, Mr. Bradford
-= Burgess that's here. In the middle, Mr. John Thomas represents the other side
of the successful joint venture that did succeed in winning the... was
selected by the City of Miami. And Marvin Dunn is here, who's also president
of...
211 May 9, 1991
Mayor Suarez: The ones that haven't gone bankrupt and filed bankruptcy and
otherwise tried to stall this whole thing.
Mr. Moore: That's the other side of the joint... There are two sides of the
joint venture. There was a sort of a banking side of the joint venture, and
there was an operating side of the joint venture. And it was the banking side
that went under.
Vice Mayor Plummer: No, we thought there was a banking side.
Mr. Moore: That's right. And...
Mayor Suarez: We thought there was only one side of the joint venture...
Mr. Moore: And Mr. Sam Pool is also a colleague of mine with the firm Holland
& Knight. And I want to say, I think from the outset, that it wasn't the City
Commissioners that made any kind of misjudgment. I think it was a question of
analyzing a net worth statement. I don't believe the Commissioners are
charged with that responsibility.
Mayor Suarez: Thank you.
Vice Mayor Plummer: Yes, we are. We had to go through an auditing procedure.
Mr. Moore: Oh, you may. At the end of the day, since you're the boss, I
guess you might be. But someone has to analyze the statement. But let me
just simply say very...
Mayor Suarez: We're not any better than all the banks that have been
reviewing and all the loans that have gone sour throughout the country to the
tune of a half a trillion dollars.
Mr. Moore: There we go. There we go. At the time all of this happened,
there were not several hundred bankruptcies of banks in the country. There
was CenTrust was happily being a bank here in Miami, and I could on with 200
other names that are now insolvent, not to start in on the corporations that
have gone on since all of this happened. So who's to say looking back what
should have been, but Faison Associates is a well recognized, nationally known
regional developer that we're representing. You will have no difficulty in
passing muster with this Commission, if we get to that point. They are a high
quality, beautiful design company that has already made its mark all over the
State of Florida. They did Enterprise Center in Jacksonville, the NCNB bank
building in Tampa. They've done the regional headquarters for a number of
banks, including NCNB. I don't believe that's going to be an issue, if we get
to that particular point. They have already been selected in Miami to manage
the 1200 Brickell property which is a significant building on Brickell Avenue.
And I will say to you, they got that after coming to Miami to take a look at
this project, having been invited to come here because of the situation the
City finds itself in. The Faison wishes to have a presence in Miami. It
wishes to, in fact, be a... The bankruptcy court, incidentally, called it a
"white knight." Said it was a miracle that Faison had showed up and the
Herald, I think, referred to a white horse and they definitely want to wear
the white hat. So, you know, whatever is appropriate. They don't want to
cause problems, they don't want to make any problems or make waves. They want
to make friends. But on the question of what is Faison's proposal, and where
are we with this bankruptcy. This bankruptcy has been effectively pending.
First the lawsuit since February of 1990. The lawsuit was stayed by an order
of the bankruptcy court, and that order is to protect creditors, and whatever
merits of their position. The creditor in this case is Cal Florida, the
California investor that declared bankruptcy. What Faison did was appeared in
that courtroom and said, we will present a proposal. We will buy out this
bank's interest. And whereas we submit that you would not have a problem if
you had Barnett Bank as the banker lending money to the local group. You
would not probably not have a problem with NCNB substituting for Barnett Bank.
Well, effectively that's what Faison is trying to do. Just one banker for
another banker. Now, with a couple of minor exceptions, and we're going to
talk about them very briefly. I won't belabor the point. I know you've been
through this a number of times. We had a request for proposal, and within the
request for proposal were the proposals, the successful proposal, is our
limit. We do not go outside that successful proposal that was submitted by
the Dinner Key Boatyard joint venture. We don't go outside it. And I'll
212 May 9, 1991
explain what I mean by that as we get to the specifics. We do modify some of
the terms. But the terms do not materially diverge. How can you have
modifications and no material divergence? Because it's cash flow. Whereas
their proposal was silent on the total amount of money, $405,000 a year, all
we're saying is you'll get every penny of it from the first day of their
lease. From February of 1990, over a half a million dollars stacked up at
this point, you'll get every single penny of it. The City will be made whole.
The $47,000 that the City spent to get that request for proposal out, you'll
get every dime of it back.
Mayor Suarez: OK, you're assuming all of their liabilities.
Mr. Moore: We are assuming... we are paying off all the creditors. If the
City does not substitute in Faison, all these people around Miami who have
spent money and who are now owed money by California Federal - Cal Florida -
the bankers side of the joint venture, those people can write off that money
owed to them, and they can go home because they're not going to get any money
from anywhere else.
Mayor Suarez: We're only concerned about ourselves. We don't care about the
other creditors.
Commissioner Dawkins: What's the bottom line to get you to write that off?
What's the bottom line?
Mr. Moore: What kind of number are we talking about there? Just for the
third...
Commissioner Dawkins: OK, if you're going to give up all that, what do you
want me to give back?
Mr. Moore: OK. We're giving - and we want to get - I mean, we want to be,
Faison wants to be in the project, and for that is... I've told you the major
points is to put you where you would have been in February of 1990.
Mayor Suarez: No, you've told us the things that we want to hear. Now tell
us what we know is coming...
Mr. Moore: OK.
Mayor Suarez: ...that has to do with some modifications that the City
Attorney is having some trouble with.
Mr. Moore: OK. What are the problems? First of all, the problems... I
submit that there's not a single problem but business problems.
Commissioner Dawkins: What is the one dealing with the money that you just
named? Tell me.
Mr. Moore: I know of no difficulty with it. Even Mr. Bailey can tell me. I
mean, we're paying... is there some problem? It's a business decision,
Commissioner Dawkins. If you, we...
Commissioner Dawkins: OK, let me read this to you and you tell me what it
means. "Our proposal to you was that one-half of the back rent be paid at
date of substitution and closing of our finance. And one half of the monthly
rent would be paid during the construction, and for a period not to exceed 24
months from CO (certificate of occupancy)."
Mr. Moore: Right.
Commissioner Dawkins: "...and the balance of the arrearages would be paid
during the balance of the lease. Our proposal remains the same."
Mr. Moore: Cash flow.
Commissioner Dawkins: Beg your pardon?
Mr. Moore: It's a cash flow, Commissioner Dawkins. What you have here, is
you had a... when after Dinner Key Boatyard joint venture was selected, and it
agreed to pay $405,000 a year, what Faison is saying is that is a very
difficult thing to agree to, because first we have to build the project. We
213 May 9, 1991
a
get no cash flow during that point. So they're saying, give us a deferral for
a period of time in which, for the first couple of years and we'll catch up to
that. We'll catch up to the fact that we're going to be out-of-pocket so much
money. That's a business decision.
Mayor Suarez: Let's assume that we're in agreement on letting you have better
terms...
Mr. Moore: OK.
Mayor Suarez: Now, what about... Why aren't you willing to take this "as is,"
and why is your position that somehow we must clean up any toxic waste or
otherwise?
Mr. Moore: That's a problem. OK.
Mayor Suarez: Well, we all agree there's a problem, but we need solutions,
Mike.
Mr. Moore: That's the one... let me just simply say this. That is a problem,
and we are having difficulty. We think the City can make... If you make a
decision, and you just simply make a money decision. You say, look, we want
that half a million dollars in back rent. We want that $47,000. We want
those debtors paid. We don't want to put this out to bid and lose another
half a million dollars and be several million dollars behind by the time this
project gets on line.
Mayor Suarez: We know all that.
Mr. Moore: OK. Well then...
Mayor Suarez: What about "as is"?
Commissioner Dawkins: But let me tell both of you, you and... let me tell you
and the Mayor. The Mayor, assuming that we will make that adjustment in error
in my assumption.
Mayor Suarez: But this is a tougher one.
Commissioner Dawkins: I am not prepared to make that.
Mayor Suarez: That's an easier one than the one we've got here with the City
Attorney...
Commissioner Dawkins: Well, I'm just saying. But I didn't want him to... I
just heard that you said...
Mayor Suarez: I understand, but assuming that, so that we can get to the end
of your argument, counsel, because otherwise...
Mr. Moore: The quaint...
Mayor Suarez: That's an easier one, and that's hard.
Mr. Moore: First of all, OK...
Mayor Suarez: Tell us about "as is." Why aren't you willing to take this...
Mr. Moore: Our problem is, yes, it said "as is." What does "as is" mean?
OK, "as is," where is, you don't need where is, real estate doesn't move
around. That's one spot here. But we're willing, Faison is willing to take
it "as is" and clean it up.
Mayor Suarez: I can think of some good examples of "as is," but I don't think
I'll go into it.
Mr. Moore: But they just simply... they want a ceiling on the exposure of
what they're having. Now, if we can have a vote, up or down, our proposal,
with or without the "as is" clause. And then another proposal with the "as
is"... one with and one without, maybe we'll be getting some place. But
right...
214 May 9, 1991
Mayor Suarez: Why aren't you willing - this is all very complicated - why
aren't you willing to accept this site as we think any of the other bidders
had to accept it which is with whatever the site has in terms of any toxic
wastes or underground problems of any sort?
Mr. Moore: Well, because right now we have preliminary records that show that
the cleanup will be minimum of five to six hundred thousand dollars with
another three hundred thousand dollars thrown in.
Mayor Suarez: All right.
Mr. Moore: There's evidence in the record, by the way, that...
Mayor Suarez: Do you agree that that was the posture in which the prior -
your predecessor in interest had to take it or not?
Mr. Moore: I think that's what the proposal said.
Vice Mayor Plummer: Well, but there's al...
Mr. Moore: This is the one that I think the finger has been put on the right
problem. "As is," where is, is the problem.
Vice Mayor Plummer: OK, all right, but wait a minute, there was one other
proposal because I remember Bob Traurig up here arguing loud and long, is that
the City would not prohibit - as I understand, this guy is going to jump out
of his seat - that those who cause the problem have the responsibility of
paying to have it made right. And all Bob asked here was that the City did
not prohibit them from suing if necessary - and I'm sure it would be - the
parties responsible for who created the problem that they would sue them and
get their money back from them to correct the situation. So it's not a simple
matter. So why would your company or your proposal not follow the same track?
Cal Florida, as I recall, did not intend to have to pay. Except they were
going to have to pay for court costs to sue the parties responsible. Why
wouldn't your firm in their proposal, do the same?
Mr. Moore: Well, you're quite right about that, and there's a provision in
the lease, the one that's existing, that addresses that. And it does give the
contracting party the right to sue. But Faison is not a litigious type
entity. It doesn't want to go into a situation looking for its rights over
against Merrill -Stevens. That's in there, that's something else. The City
maybe has the rights or not. I'm sure the City and Merrill -Stevens lawyers
will address that point. But that's kind of another thing. What we're saying
is, we know the site has to be cleaned up. Faison has already spent $20,000
or $30,000. They're going to have to spend $80,000 to really determine what's
there. The City's going to have to spend that money before you ever put it
out for RFP again to have anyone bid on it. No bank - we've checked them
all - will finance this project in its current condition because of the
downside risk. It's unfinanceable. What the banks want, they're saying
whatever the cap is. If there's a cap, we can deal with it.
Mayor Suarez: But that was all true at the time of the bidding, and everybody
accepted it under those terms.
Mr. Moore: It may very well be.
Mayor Suarez: Commissioner Dawkins wanted to ... No? All right.
Vice Mayor Plummer: You can establish a cap, a million and a half.
Mr. Fernandez: You can't...
Mayor Suarez: What about the term of years?
Mr. Moore: The term of years does not exceed exactly the number that the
successful proposal had in its proposal. The successful proposer had a term,
that's the term we selected. It is longer than the lease. But don't forget,
the lease was negotiated after you selected the successful proposal.
Mayor Suarez: I thought that...
215 May 9, 1991
Mr. Moore: We did not go outside that. We never go outside the four corners
of the successful proposal with the possible exception - this is subject to
some legal discussion - the "as is" clause. The "as is" clause is the biggie.
Mayor Suarez: Do we build into those, and did we build into those a take back
provision. If we gave them a 46 year lease and we wanted to use the land for =
something else, we would pay back the unamortized part of what...
Mr. Bailey: We kept it at 30 years. The lease expired the year 2020.
Mayor Suarez: And prior to 30 years, do we have a take back provision in
that?
Mr. Bailey: Unamortized...
Mayor Suarez: Or is that exempted because of the procedure that we followed
in this case for a large improve...
Mr. Bailey: Under condemnation, if we were to exercise a right, we would
reimburse them for unamortized capital expenditure.
Mayor Suarez: Condemnation. Condemnation is not what we want. Condemnation
requires that we pay the value of their property right, which means the value
of the lease. The take back provisions we've been putting into all our
leases, Herb - and the Manager certainly knows about this - is one that says
we pay only whatever you have not amortized of the cost that you have there.
We don't pay the value of that property right at all. And that's why we get
out of these things, and get a chance to build...
Mr. Bailey: That's correct, you're correct.
Mayor Suarez: But we don't have that in this lease? One of those take back
provisions?
Mr. Bailey: No, that was in this lease. But they talked about and in that
terms...
Vice Mayor Plummer: It is in this lease.
Mayor Suarez: It is in this lease?
Mr. Bailey: Yes, they talked about it in terms...
Mayor Suarez: Because if that's in this lease, that's crucial. If it's in
this lease, folks...
Mr. Bailey: It is in there.
Mayor Suarez: ...then the fact that it's 47 years is not, you know, by the
end of 47 years we can take it back. I want you to know this when you take it
to your bank, if this deal is made, way before 47 years on the amortization
that we use on those. You•have no value on whatever improvements you built on
there, we can take it back just say, we want it back. We'll pay you the
unamortized cost of your improvements which is zero. Thank you, we want it
back.
Mr. Moore: But that's... and that's a....
Commissioner De Yurre: And J. L. will still be around to take it back.
Mayor Suarez: J.L., will sit there, you know, he will kind of be falling
apart, and arguing that you owe him more money.
Mr. Moore: That's a business decision. That's not controlled by the
successful proposal. We accept that premise that we are bound by the outside
terms of the successful proposal. We don't go beyond it.
Mayor Suarez: Well, wait, wait, Mike. Now we're going to get to the final
point on the term. If you understand there's a take back provision, and if
you understand the terms to be as I've described it, why do you want 47 years?
What's the big difference between thirty and forty-seven? -or twenty-five and
forty-seven? It's not going to change your financing posture at all. I
guarantee you.
216 May 9, 1991
Mr. Moore: Well, 1 think that one of the going in issues here was looking
around and looking at the track record of the City of Miami which has been
very good, frankly, about living up to these contracts. And that is an
amortization period. That is a period when you look at what you're putting in
and saying, how long will I have to get that money back? Whether you have the
right to go in is one thing. That's not really something that's affected the
financing aspects of this project. But we need that extra time for sure.
We'll be able to count on the extra time. I mean, it's just like the issue of
is it financeable? Can Faison write a check? -yes. But people don't write
checks.
Mayor Suarez: All right, we've got three...
Mr. Moore: They finance things.
Mayor Suarez: Have we forgotten anything? We've got three items on the
table. One Commissioner Dawkins has trouble with, which is the fact that they
would be paying over a longer term than we would like to see in our proposal.
The fact of them not wanting to take the property "as is" and the term. Is
that it, folks? That's...
Mr. Odio: No, no, no.
Mr. Bailey: There's one more.
Mayor Suarez: More?
Mr. Odio: They have...
Mr. Bailey: There's one more that I think is...
Mr. Odio: They... Yes, go ahead.
Mr. Bailey: I think that we should...
Mayor Suarez: Who said this job would ever be easy? What's the other one?
Mr. Bailey: There's one that we should bring to your attention. It's the
substitution of the word "liquor" into the lease...
Mayor Suarez: Liquor.
Mr. Bailey: They want to have the right, if the law permits, for a lesser
amount of space to serve liquor. The way we've structured the lease that the
3,000 square feet would not qualify them for license, and they will keep the
3,000 square feet. But they're asking if at some future date, that the
regulation changes for a 3,000 square feet can serve liquor, they want to do
that. That was one of the major issues that we talked about.
Mayor Suarez: Mr. City Attorney, is that a problem?
Vice Mayor Plummer: It's a deviation.
Mr. Fernandez: Again, I think it is a problem. And after they finish making
their presentation, I'll give you a bottom line of reading the City Charter
which is controlling.
Mayor Suarez: No, no, no. I just wanted to know if you thought it was a
deviation. You're saying it is. Let me tell you, I'm like Miller Dawkins on
the other issue. If you even think that we're going to contemplate all these
other ones with that one being a problem, you are out of your mind.
Mr. Moore: Well, let me just simply say something. I just wanted to use
basic logic here and see if you agree with me. The proposal was silent on the
issue of liquor versus wine.
Mayor Suarez: Just don't test us on basic logic, when we've got to overcome
three other obstacles, counselor.
Mr. Moore: Well, no, I'm just simply saying that I'm saying to you that that
is a business decision because the proposal said, 3,000 square feet and we
accept 3,000 square feet.
217 May 9, 1991
Commissioner Dawkins: Mr. Manager, Mr. Manager.
Mr. Odio: Yes, sir.
Commissioner Dawkins: When we started this boatyard deal, didn't I say that I
did not want to see any sales there that were not related to the operation of
a boat? Did I say that or did I not?
Mr. Odio: Yes.
Commissioner Dawkins: So now, how is selling liquor got to do with servicing
boats in a boatyard?
Mr. Odio: It does not.
Commissioner Dawkins: All right, all right, so that means...
Mr. Moore: Well, there was a restaurant component of the proposal.
Mr. Bailey: Well, there's a problem...
Mr. Moore: I mean, you know, and you sell liquor in restaurants.
Mayor Suarez: I'll tell you what, unless...
Vice Mayor Plummer: No, no, no, no. It wasn't a restaurant now.
Mr. Moore: Sorry?
Vice Mayor Plummer: No, it was an accessory use for the users of the
boatyard.
Mayor Suarez: I suggest, I suggest...
Vice Mayor Plummer: It was not to be open to the public, by the way.
Mayor Suarez: We're going to table this item. I suggest you talk to your
clients. You are really far away from a deal, really far away. He's told you
one impediment. I'm telling you that if you even bring this one as an
impediment or as an issue, given his opinion, you lose me entirely. You're
already down to three others, and I don't think you're going to win the three
others. So if you want to table the item and talk to your clients and get the
issue of the liquor license square foot requirement resolved, then we're down
to three. And that's bad enough.
Mr. Odio: Mr. Mayor...
Mr. Fernandez: Mr. Mayor, I have represented to the judge in bankruptcy that
after today's meeting I...
Mayor Suarez: What would that have to do with my asking him to table the item
so they can discuss this and get...
Mr. Fernandez: I'm sorry, just for right now. OK, I'm sorry.
Mayor Suarez: Thank you. Thank you. That's what tabling the item means.
All right.
Mr. Odio: Mr. Mayor, may I say...
Mayor Suarez: Unless anybody wants to make any other motion, we're going to
table this item. Mr. Manager, what did you want to add to the discussion?
Mr. Odio: I just wanted to say, if you're going to table that, they should
know where I'm coming from, that I will not recommend any deals with them if
there is not "as is" exactly.
Mayor Suarez: That's the three remaining issues. I'm telling you the fourth
one, don't... you're not even close. The other three are very tough.
Commissioner Dawkins has indicated he's got problems with one of the other
three, and the Manager has indicated he's got problems with another one. I've
218 May 9, 1991
indicated that three is too many to deal with, let alone four. So, if you
want to take time, talk to your client about it.
Mr. Moore: I just want to thank you. I think in view of the history of the
project, getting it down to four problems is pretty good progress for one
evening.
Mayor Suarez: That's not what we were hoping to hear tonight.
Mr. Moore: Thank you.
Mayor Suarez: In the meetings I had with your clients, I thought we were down
like one or two.
Mr. Bailey: May I ask a question, please? What's tabling? They're coming
back tonight or the next Commission meeting?
Mayor Suarez: Yes, sir. Yes, sir.
Mr. Bailey: Oh, they're coming back tonight, oh.
Mayor Suarez: If you don't know what tabling is, go back to Mason's Rule of
Procedure.
AT THIS POINT, THIS ITEM WAS TABLED.
53. INSTRUCT ADMINISTRATION TO MAINTAIN PRESENT TRAFFIC REGULATORY SIGNS IN
NORTH COCONUT GROVE NEIGHBORHOOD (AS SPECIFIED IN PLAN "B") - DIRECT
PLANNING DEPARTMENT TO PRODUCE SIMILAR STUDY OF WHOLE AREA.
[R.K.W.: S.W. 28 Street, barricades, one-way, Lucaya, Overbrook]
Mayor Suarez: All right, item 46. Where are we on that?
Vice Mayor Plummer: Mr. Mayor, that's mine that I had asked that they give
consideration to the possibility...
Mayor Suarez: The prior item has been tabled. Which means we will be likely
to consider it again tonight, if they have anything at all to show, which, so
far, they haven't. I'm sorry, Vice Mayor Plummer, this is your item? You
were saying?
Vice Mayor Plummer: No, wait a minute, I'm sorry, I'm sorry. This is the old
28th Street.
Unidentified Speakers: Yes.
Commissioner Alonso: That's right.
Mayor Suarez: Where are we on this? We still... Mr. John Brennan, sir...
Vice Mayor Plummer: We're nowhere.
Mayor Suarez: Mr. Brennan, we've given a lot of consideration to... Mr.
Brennan, we love you to death, please let us continue with the next item.
We've given a lot of time to the prior item. Yes, Dr. Prieto, where are we?
Everybody in agreement on this?
Dr. Luis Prieto: The Commission asked us to do a traffic study before making
a decision. Succinctly, the results of the traffic study is that we do not
want any restrictions to the traffic there. However, the department would be
able to live with the present B plan if fully implemented.
Mayor Suarez: The what plan?
Mr. Prieto: With the B plan and that's what you have on the board. That's
what is presently...
Mayor Suarez: Which is the sort of a one way plan? All kinds of one way...
219 May 9, 1991
Mr. Prieto: Yes, that's what is presently in place now on a temporary basis.
Mayor Suarez: OK. What are we expected to hear today? -two sides of the
argument again?
Mr. Prieto: Yes, the... basically I think the two sides you will hear is one
group will say essentially they want no restrictions to traffic. The others
would want B with some modifications.
Mayor Suarez: B with modifications. You're at B with modifications.
Mr. Bob Healy: Yes.
Mayor Suarez: How many people are against B at all? Raise your hands,
please. OK. What are the modifications?
Mr. Healy: Well, the modification we're talking...
Mayor Suarez: And give us the name, please, and address.
Mr. Healy: My name is Bob Healy and I'm president of the Overgrove
Neighborhood Association, and this is our 15th visit to the Commission on this
item. And we've agreed to do all of the things that have been proposed to
us...
Mayor Suarez: All right.
Mr. Healy: ...sideways, crossways, and everything. We're pretty well
satisfied...
Mayor Suarez: There's no way to ever avoid getting the history of an item
every time we get into it, is there? All right, what are the modifications to
be?
Mr. Healy: We're satisfied that this is doing most of the job for us. There
is a...
Mayor Suarez: All right, what else do you want?
Mr. Healy: There is a slight problem when you come from 27th Avenue into the
one-way direction that the people who live behind us, who have the barricaded
streets, continue to come up to the first block, Lucaya, and drive in and use
it. With the suggestion we have...
Mayor Suarez: Ah, they cheat a little bit there.
Mr. Healy: Is to, is... right. Is to put a partial barricade in that
eastbound direction, just over that one lane so that...
Mayor Suarez: Oh, there's no barricade at all right now. Even though the
chart shows us if there were, it's just an arrow.
Mr. Healy: There's nothing there. Right, so then...
Mayor Suarez: And a sign. Is there a sign?
Mr. Healy: So, then therefore, they can't say that they didn't see it.
They'd have to drive around it to break the law.
Mayor Suarez: What's wrong with that, Dr. Prieto? -can we do that? If we
were inclined to go with plan B, modified B-1, CRX. Yes.
Dr. Luis Prieto: As an engineer, my answer is no. As a City official, I'm
willing to do anything you want, sir.
Mayor Suarez: Finally, we get somebody who thinks two ways. One,
technically, and the other one, logically.
Mr. Prieto: No, sir. The second one is an extrapolation...
220 May 9, 1991
-� a
Mayor Suarez: All these years I've been waiting for somebody to say that.
All right, what else? That's it?
Mr. Healy: That's it.
Mayor Suarez: We're not difficult today.
Mr. Healy: We thank Dr. Prieto for his help, and we thank you for helping us
out so far.
Mayor Suarez: Don't thank anybody.
- Vice Mayor Plummer: Is this the plan you want to go with?
Mr. Healy: With the plan that we... to keep what you have suggested,
Commissioner, with the one ways streets. But, if possible, restrict the
access with just half the lane at 26th Avenue. If you don't want to do that,
just leave it the way it is, and we'll be happy.
Vice Mayor Plummer: Now, what about the opposing side?
Mayor Suarez: The opponents. If you want to restate very quickly, the basic
objection - I think we know it - but it's fair to put it on the record, and
any variations or new insights on why this is the wrong thing to do.
- Mr. Tom Spear: Tom Spear, 2458 S.W. 27th...
Vice Mayor Plummer: Before you start, Tom, if I may, let me just make sure.
Doctor, the only access going west would be then on 27th Way. Is that
correct?
- Mr. Prieto: That's right, sir, yes.
Vice Mayor Plummer: And the access coming from 27th Avenue east...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Vice Mayor Plummer: On to U.S. 1.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Odio: Plummer, are you aware of one problem that I don't know if you have
experienced when you're coming up Tigertail? Now, all the traffic is
funneling through one street out of the neighborhood, and there's going to be
a bad accident. Before you get to the light on Aviation is one, and before
you get... The traffic is being funneled out to one street.
Unidentified Speaker: And through one.
Vice Mayor Plummer: That's the reason I'm asking. Doctor, what is the
street - I should know - I guess it's 23rd Avenue? Yes. Did you give any
consideration at 27th Way and 23rd Avenue...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Vice Mayor Plummer: No. Yes, right there. Did you give any consideration
there to making that one way? -what I would call north only?
Mr. Prieto: In this direction?
Vice Mayor Plummer: Yep. So that if people were to use 27th Way, the only
thing they're accomplishing going 27th Way, would be back out to 22nd Avenue.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Vice Mayor Plummer: I'm asking, did you give any consideration to that?
Because if not, then you, in effect, are putting 27th Way at a detriment. In
other words, they're going to funnel... all that traffic is going to funnel
through 27th Way. If, in fact, 27th Way at 23rd Avenue, you could only go
north... I'm sorry, yes, north....
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
221 May 9, 1991
Vice Mayor Plummer: Oh, they could funnel both ways.
Mr. Prieto: You see, there are only westerly exits here. This would be =
west.... These are easterly exits. This would be the only westerly exit, and that would force them back out here. The residents themselves couldn't get
into their homes. And we've come up with some analysis showing that 40 -
percent of the traffic there is local traffic. So we're...
Vice Mayor Plummer: Forty percent?
Mr. Prieto: Forty percent.
Vice Mayor Plummer: Sixty percent is not.
Mr. Prieto: Well, 60 percent includes the people that have now been
barricaded to the south. The Abaco, Aviation group. And so really, by local,
I mean only of Overbrook of the remaining 60 percent, perhaps...
Vice Mayor Plummer: All right, I'll ask one other question, then I'll quit.
Mr. Prieto: Yes, sir.
Vice Mayor Plummer: OK? Have you given any consideration on 27th Way to
being one-way also eastbound where the residents would have to come in from
Tigertail? In other words, it's effectively blocking off 22nd Avenue. That
way, anyone going into that subdivision would have to go in from Tigertail.
I'm asking is that as a consideration. That's all I'm asking. Not that I
live there. No.
Mr. Prieto: That's a consideration, but Tigertail already has 10,000 traffic
flow. So all we're doing is compounding the mistake in Tigertail.
Vice Mayor Plummer: But doctor, we're trying to stop the people that are
using Tigertail presently, from cutting through the neighborhoods. And I'm
merely asking, was consideration given to effectively stopping all traffic
coming into that situation?
Mr. Prieto: No, sir, we...
Vice Mayor Plummer: And the residents coming in from Tigertail. I don't know
that that would be a detriment to you.
Mr. James F. Armstrong: I live on 27th Way, and it very definitely would.
Vice Mayor Plummer: Be a detriment?
Mr. Armstrong: I would be totally opposed to any such asinine idea.
Mayor Suarez: No, don't characterize it that way. You might lose somebody.
All right, Mr. Spear, please. Let's hear from the opponents.
Vice Mayor Plummer: You're in favor of this?
Mr. Armstrong: No! I'm in •Favor of taking all of it away!
Vice Mayor Plummer: Oh, oh, oh, oh, OK. You're standing on that side.
That's why I - you know.
Mr. Armstrong: I just happen to be sitting over here.
Mr. Spear: Very briefly. Tom Spear, 2458 S.W. 27th Lane.
Vice Mayor Plummer: Lane.
Mr. Spear: The traffic analysis study, it seems to just support what is
already there. It doesn't look at the neighborhood as a whole. My
suggestion, and I have a letter that I'll distribute, is just go back to the
status quo. Maybe open some of the barricades back up. Wait till you get an
analysis of what's going to happen with the widening of 27th Avenue, and all
of your other factors. We've got too many piecemeal things here. I
understand the problems of everybody else, but it's, you know, there's too
222 May 9, 1991
i
many other factors affecting this. The major one being 27th Avenue, hopefully
widened, and straightening out a lot of your traffic circulation problems in
the - shall we say - near future.
Mayor Suarez: Did you say where you lived? -because I wanted to see it on
the...
Mr. Spear: Oh, if I may interject, would you please stop having your trash
vehicles back up easterly on 27th Lane because they refuse to go back into
U.S. 1 and come back around. Yes.
Mayor Suarez: All right, at least the least we could do I suppose if we
implement this, it to have our own vehicles obey the signage that we have
implemented.
Mr. Odio: I think we should go back to the way it was. I really do.
Mayor Suarez: You've got a strong ally there. Yes?
Mr. Armstrong: My name is James F. Armstrong, and I live at 2238 S.W. 27th
Way. I believe all of the Commissioners received a letter from me.
Mayor Suarez: Is that up on the overhead? -where you live? Can you show us
where that is, doctor?
Vice Mayor Plummer: Twenty-seventh Way.
Mr. Armstrong: Twenty-seventh Way.
Vice Mayor Plummer: He's between 22 and 23.
Mr. Armstrong: Presently with the arrangement...
Vice Mayor Plummer: No, no, no, Doctor, it's the one street up there. It's
one above.
Mr. Armstrong: It is the one street that goes both ways off of 22nd Avenue.
Mayor Suarez: OK.
Vice Mayor Plummer: That's correct.
Mr. Armstrong: Right there.
Mayor Suarez: Between 22nd and 23rd Avenue.
Mr. Armstrong: Yes. My main purpose in being here tonight is to suggest the
same thing that Mr. Spear is suggesting that this whole thing be left as it is
at the present while a really comprehensive review of the entire situation in
the whole neighborhood is undertaken, because the report that was prepared
that probably is part of your package is not conclusive. It does not address
the problems that were so emotionally addressed by the proponents of
barricades in the neighborhood at the last Commission meeting on this subject
a month ago. It also makes assertions that are not true. There is a major
typographical omission in it that implies that the citizens of the
neighborhood are content with the inconveniences that are created by this
situation. That is not true. It has not been demonstrated. Nothing has been
said here to correct that typographical error which totally changes the
meaning. Furthermore, the report is self-contradictory. In one place it says
that these restrictions on the traffic do diminish the usefulness of the
streets to the neighbors and to anyone else who may have the need for them.
And on the other hand, it says it does not. I think the thing is incomplete,
contradictory, and invalid and, therefore, no basis on which for the
Commission to make a rational decision. Therefore, I think it should be left
the way it is. A proper...
Mayor Suarez: The way it is. You mean, the way it is before we did this?
Commissioner Alonso: Originally.
Mr. Spear: I think that that's what a proper rational look at the whole
situation...
223 May 9, 1991
Mayor Suarez: I just want to know what you mean by the way it is. You don't
mean the way it is now?
Mr. Spear: I'm not expecting the Commission to reverse it right now. I just
don't want this Commission to go ahead and make it permanent now, without
looking at it thoroughly and rationally, and on the basis of the merits of the
situation as far as the traffic goes, and not on the basis of any vendetta
with the County, as to whether they will or will not do what the City would
like to have done on 27th Avenue or any of the other hidden agendas. I'm a
resident of the neighborhood. I've been there for 15 years. I never saw a
problem until these barricades went up, and it's only been made worse by the
one-way streets. I cannot shop west of the neighborhood where I routinely do
go without having to come back to my house...
Mayor Suarez: You know, I asked you a question to try to understand something
you said, and you're restarting the argument. I never understood your answer.
Mr. Spear: I'm sorry, I misunderstood your question then.
Mayor Suarez: The only question I have is what would you have us do? What
are you proposing that we do?
Mr. Spear: I would propose that you take out all of the barricades and return
all of the streets to two-way streets.
Mayor Suarez: And for tonight, since we don't have the rest of the barricades
before us, what would you propose that we do tonight that would satisfy you?
Mr. Spear: Postpone any decision on your part on this...
Vice Mayor Plummer: Let me ask...
Mr. Spear: ...to make any changes beyond what's there now.
Mayor Suarez: But not necessarily in accordance with Mr. Spear's suggestion
that we wait until... leave status quo until the 27th Avenue expansion and all
of that. You're saying just postpone it for tonight and try to consider all
the barricades and all the 27th Avenue abutting streets with the hope of
ultimately going right back to what used to be the case in that entire area.
Mr. Spear: I think all of the streets should be open.
Mayor Suarez: All right.
Vice Mayor Plummer: Doctor, how long before you will have all of the
conclusions?
Mr. Prieto: We have the conclusions now, sir.
Vice Mayor Plummer: He's saying...
Mr. Prieto: The only... let me address his concern and he is absolutely
right. In the report, we forgot the word "if." And what we were stating is:
"If the residents are accepting the nuisance of the present scheme, and if
they go along with retaining the present system, then the City can live with
the present scheme." We omitted the word "if" and it implied that the
residents were accepting this plan. And I agree with him. That is an
implication that we made by default in the report. But the report is
finalized and is before you right now. And, again, to summarize what the
report says, it is preferable to leave the streets totally unobstructed, but
if that is not acceptable, either to the residents or to the Commission, the
City is willing to live with plan B.
Mr. Gerald Stankevich: My name is Jerry Stankevich, I live at 2505 S.W. 28th
Street. We've been at this since 1987. Traffic increased. You put us on
hold. You've been doing this again, 15 meetings you've put us on hold. Where
are all the people that are so against this? Here we are standing here
saying, we're for the one -ways. Where are all these... where's these great
numbers? Mr. Odio, do you live in the area? -because I've yet to hear... for
15 meetings, I've yet to hear you speak about it.
224 May 9, 1991
do
Mr. Odio: I lived there for four years, sir.
Mr. Stankevich: But, I haven't heard you speak one way or the other about it,
and all of a sudden today, you're dead against us.
Mr. Odio: I said before, I said it again, I would leave it as it was, yes.
Mr. Stankevich: As it was. With the barricades down.
Mr. Odio: I'm not talking about the barricades. I'm talking about the one-
way signals and all that.
Mr. Stankevich: But, the barricades are what's causing the issue.
Mr. Odio: I would put barricades in there, so don't ask me about it.
Mr. Stankevich: OK, well then how come you weren't there saying, take the
barricades down and fighting adamantly against that?
Mr. Odio: Wait, wait, wait.... don't put word... -
Mr. Stankevich: Once again, we're getting stuck with this traffic.
Mr. Odio: I tell you, you're asking me my opinion, I don't like the
barricades and I don't like the one-way signs, so don't tell me.
Mr. Stankevich: Fine. Now the one thing the Commission said prior to this
was, doing nothing is not the answer to this issue. And we're going to hold
you to that. Because basically what you're saying is dump the one -ways and
it's going to be another three to five years while we address the barricade
issue. And that it's our homes, our families that are at risk again. And I
don't want to put up with that. I don't think anybody else on our street
wants to put up with it either. Please make a decision today. Put them in
permanently, and then if you want to go after a comprehensive plan, which
makes a whole lot of sense, let's go after it. But don't put us, you know,
hang us out to ... just handing us there, saying, well, we'll see what we're
going to do about the barricades, comprehensive plan ... It's no. It's not a
resolution to this situation. Give us the one -ways permanently, and if you
want to go comprehensive plan, I can find 20 or 30 people that will put their
own time in to sit down and help you come up with a comprehensive plan.
Mayor Suarez: OK, Commissioners. Recommendation from staff, I guess, we had
kind of a recommendation from the Manager. I'm not sure if it's sort of his
own opinion or...
Mr. Prieto: Recommendation, I would give you is release the present one-way
system, open the streets and proffer to them that the City is very open to
coming up with such a comprehensive plan. That would not only include
Overbrook, but would include the whole area south, east, and west of that.
Mayor Suarez: Release? What did you mean by release?
Mr. Prieto: That is, eliminate the one-way sign....
Mayor Suarez: Ahhh! Why don't you...
Unidentified Speaker: Mr. Mayor....
Mayor Suarez: Wait, wait, wait! Nothing says we're going to follow anything
he recommends. Just want to listen to it, put it on the record, and...
You're not any better at sticking by our procedures. I guess somebody here
really... All right, Commissioners, what's your pleasure? What's the
decision? What's the motion? You want to say something else? Did we miss
anyone?
Mr. Carl Lambert: Yes, I'd like to say one more thing. I sense that the
people...
Mayor Suarez: Did you put the name already on...
Mr. Lambert: Yes, my name is Carl Lambert. I live at S.W. 28th Street and
the corner of Lucaya. And I get the feeling that no at all, but the majority
225 May 9, 1991
of the people on 28th Street are in favor of the one-way, because they have
accomplished most of the purposes. The only thing, modification, that I would
like to add is I'd ask Dr. Prieto if perhaps his department could help us with
something like a diverter or a partial barricade to serve as a further
impediment to those people that violate the one -ways. The police, when
they're call...
Mayor Suarez: In that one corner you're talking about?
Mr. Lambert: The point from 26th Avenue to Lucaya. The people that...
unfortunately, the larger amount of the violators are the people that live
back in the barricaded areas. They will come to that intersection at 26th and
28th Street, and will look, and if they don't see a police car present, they
will quickly run that area which...
Mayor Suarez: Do we have partial barricades anywhere?
Mr. Prieto: No, sir, not right now, no.
Mayor Suarez: Where do we have partial barricades? We've never tried them.
Mr. Lambert: Well, there is... When this procedure began I was advocating
what's called a diverter which is set forth...
Mayor Suarez: I don't remember seeing any place where all of a sudden a two
way turns into one-way in which there are partial barricades to sort of
convince you that that's about to happen and...
Mr. Lambert: Well, at one point, your honor, I think that there was a
proposal perhaps coming out of Dr. Prieto's department where at least the
name, the lane, was narrowed down. And that's more or less what I'm talking
about. We know that we cannot physically eliminate all those people that
would violate the one way. We would hope to make it a more difficult to do
SO.
Mayor Suarez: As painful a decision as this is for us, if were inclined to go
with plan B with the existing configuration, it may be a bit too much to ask
for that we also try to change the layout of the street and so on, and I don't
know. And I don't even know what that costs to do what you just said. To
narrow a street, that is fairly costly.
Mr. Lambert: Well, no.
Mayor Suarez: No?
Mr. Lambert: What I was talking about was a very inexpensive... My idea was
to merely, even on a temporary basis, to put some construction barricades up
where that they have painted the lines on the street. That would cost
absolutely nothing. And just give that as an additional option to what we
have now, and see how it works.
Mayor Suarez: OK. Commissioners, motions. If we take no action, what
happens?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: It stays as is.
Mr. Prieto: Stays as it is.
Mayor Suarez: All right, let me...
Unidentified Speaker: What is, stays as is?
Unidentified Speaker: The way it is right now.
Mayor Suarez: The way it is up there. If we take no action, I guess. I
assume that we'll take some action. I can't imagine we won't take any action
at all. But you never know. It's happened before.
Vice Mayor Plummer: Well, let me ask this question. Do I sense that the
people for want this permanent, and the people who are against want you to
226 May 9, 1991
w =
stay and hold until the other thing is done? Is that correct? Is that what
Mayor Suarez: Well, they would prefer for us to undo it, but they would live
better with the, you know, sort of an extension of temporary. Indefinite
temporary.
Vice Mayor Plummer: So we're only really talking about whether it's temporary
or permanent. That's what we're talking about. And three votes of this
Commission can change it at any time.
Mayor Suarez: That's true.
Vice Mayor Plufrmer: Well, not really either, because we have to rely on Dade
County.
Mr. Spear: If I may, the only thing that I understand that you can do is just
barricade. You can't do any of the signage, or anything other than that
unless you go through the County.
Vice Mayor Plummer: But, if...
Mayor Suarez: Well, but assuming that the County follows our recommendation.
Mr. Spear: Right.
Vice Mayor Plummer: OK, but what harm do we do to the people in favor even if
we don't make it permanent, but we leave it as is? We've not done anything to
harm them.
Mayor Suarez: OK, Carl, what about that?
Mr. Lambert: Yes. OK, I don't mean to interrupt, but I have a copy of a
letter that was sent to me by Dr. Prieto's department which basically says,
and I quote, it's from Walter Herndon:
"Since the roadways involved are functionally classified as City
streets under the maintenance jurisdiction of the City of Miami,
we are forwarding their request to you for further review and
consideration."
Which means, it's the City's ballgame.
Mayor Suarez: Yes, we understand that. Our recommendations typically prevail
with the County. Question the Vice Mayor is asking you, what do you really
lose if we simply extend the testing period by leaving as is, but not making
it a permanent determination? Given that this Commission can always change
its mind.
Mr. Lambert: Well, then...
Vice Mayor Plummer: What difference does it make if it doesn't change?
Unidentified Speaker: Do we still have to keep coming back every....
Mayor Suarez: There's a sort of symbolic acquiescence to the possibility that
if 27th Avenue really, realty is expanded and traffic patterns change, and if
the City is inclined to reexamine the entire scheme and there are people that
believe the whole thing is ill intentioned, you know, it was just not a good
idea at all to have barricades on the southern half of all of this, you know,
that we will go back to a prior state of nature, and all of it, and you know,
at least, you give them some...
Mr. Gerald Stankevich: I'll tell you, the question of should it be permanent
or temporary. I don't think anybody here would be against it being temporary,
if it was under the condition that it stays in until a comprehensive plan for
the entire area.
Vice Mayor Plummer: Well, that's what I am trying to say.
Mr. Stankevich: Then in that case, even if you made it permanent.
Mayor Suarez: You know, as a legal matter, I don't know that there is any
difference.
227 May 9, 1991
Vice Mayor Plummer: Even the people that are against said, leave it as is,
don't make a decision until everything is all.. the studies have been done.
So...
Mayor Suarez: Mr. City Attorney, is there any difference between the two
things we are talking about? 1 mean, suppose today we say, it's permanent,
well it's permanent you know, we are not changing anything. Suppose we say,
we want to extend the testing period and keep it the way it is until we...
Vice Mayor Plummer: Well, I think by saying that it stays temporary means
that we have an open mind at a time when the conclusions do come in.
Mayor Suarez: All right, so, it's a symbolic thing.
Commissioner Alonso: So we have three options. Do nothing and leave it
temporary, take permanent action, or follow your advice.
Dr. Prieto: Yes. Or, open the streets and produce a comprehensive plan.
Commissioner Alonso: That is your recommendation.
Dr. Prieto: That's the staff recommendation.
Commissioner Alonso: So actually, the three choices?
Mayor Suarez: Right.
Commissioner Alonso: If we don't do anything, I am going to follow the staff
recommendation, but maybe, some compromise will be temporary, and make a final
decision once and for all, and don't have these people coming, and coming, and
coming back to us every time.
Dr. Prieto: Right.
Commissioner Alonso: Maybe if we leave it as such...
Mayor Suarez: You know, I am inclined to just leave debate to the Commission.
We've got all the options here. Commissioners, what is your pleasure? We've
got one item that's running around out there.
Vice Mayor Plummer: Is the motion in order to leave it as is?
Mayor Suarez: Any motion that you make is in order.
Commissioner Alonso: We don't have to take any action, right? If we don't
take any action, then it stays temporary?
Dr. Prieto: That's right.
Mayor Suarez: OK.
Mr. Crespi: Can I...?
Commissioner Alonso: So maybe that's the best thing to do.
Mayor Suarez: Please, please. If you move it to keep it as is, Commissioner,
Mr. Vice Mayor, it is almost the same thing as not taking any action, but it
may be a signal.
Vice Mayor Plummer: Just to get off dead center.
Mayor Suarez: It may be a signal. At least, it gets us to the next item. So
I... and if we want to test the Commission's will on this, you may as well
move it so we can go on to the next item.
Commissioner Alonso: Leave it, as is.
Mayor Suarez: Right. So moved. No?
Commissioner Alonso: No.
228
i
May
9,
1991
Mayor Suarez: You're moving it, Vice Mayor?
Vice Mayor Plummer: Yes,
Commissioner Alonso: If I wasn't moving it, then I will move with Dr.
Prieto's recommendation.
Mayor Suarez: All right, so that's certainly not...
Commissioner Alonso: But I am trying to find a compromise. Just leave it as
is, and do the study, and...
Mayor Suarez: OK. I'm going to do the following. Mr. Manager, Mr. everybody
who is supposed to be... where are the folks on the other item out there?
Commissioner Alonso: Dr. Prieto tell us, what do you think is best at this
time. Leave it as is, and look at...?
Dr. Prieto: No. My recommendation is, remove the signs, open the streets,
and we will study the whole area. I think that is the best sensible solution.
It may not be the most...
Commissioner Alonso: Can we do the study...
Dr. Prieto: With the barricades in?
Commissioner Alonso: ... at the same time, if we leave it as is now?
Mr. Stankevich: Yes, sure.
Mayor Suarez: Of course, you can.
Dr. Prieto: Yes, we can do that too. As a compromise, we can do that too -
yes.
Commissioner Alonso: I think that serves as a compromise, and then we finally
get to the point of knowing what is best for the area.
Dr. Prieto: Fine. OK.
Mayor Suarez: Folks, if we don't get a motion, I am just going to go on to
the next item. Commissioners, if any...
Commissioner Alonso: Can we instruct him then to do that?
Mayor Suarez: Yes. Please make a motion.
Commissioner Alonso: OK. I so move that we maintain the status as it is now,
and do the comprehensive study, and then make the final decision.
Dr. Prieto: Fine.
Mayor Suarez: So moved. Seconded. Any further discussion? If not, please
call the roll.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 91-376
A MOTION INSTRUCTING THE ADMINISTRATION TO MAINTAIN
PRESENT STATUS OF TRAFFIC REGULATORY SIGNS IN THE
NORTH COCONUT GROVE NEIGHBORHOOD IN SUBSTANTIAL
ACCORDANCE WITH THE PLAN "B" AS FILED WITH THE CITY
CLERK ON THIS DATE; FURTHER INSTRUCTING THE
ADMINISTRATION TO CONDUCT A TRAFFIC STUDY OF THE WHOLE
AREA AS TO WHETHER PRESENT REGULATORY SIGNS ARE TO
REMAIN, BE TAKEN DOWN OR MODIFIED; FURTHER INSTRUCTING
THE ADMINISTRATION TO COME BACK TO THE CITY COMMISSION
WITH A RECOMMENDATION.
229 May 9, 1991
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.
54. REAPPOINT INDIVIDUAL TO INTERNATIONAL TRADE BOARD (Reappointed was:
Marsha Sanders).
------------------------------------------------------------------------------
Mayor Suarez: Item forty-nine.
Commissioner Dawkins: Mr. Mayor, I have two things I'd like to do before you
do that please. Marsha Sanders was what my appointments to the International
Trade Board, and I understand that I did not reappoint her. I move that
Marsha Sanders be reappointed to the International Trade Board.
Commissioner De Yurre: Second.
Mayor Suarez: So moved and seconded by Commissioner De Yurre. Cali the roll.
Mr. Fernandez: What was that name, I'm sorry?
Mayor Suarez: Marsha Sanders.
Vice Mayor Plummer: Marshal Sanders.
Commissioner Dawkins: The other... OK. Call the roll, yes, sir.
Mayor Suarez: Marsha, not Marshal, please.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-377
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A
BOARD MEMBER ON THE INTERNATIONAL TRADE BOARD OF THE
CITY OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Please, in the... we need everybody to maintain order in the
Chambers.
230 May 9, 1991
55. COMMISSION REFUSES TO CONSIDER ALLEGATIONS MADE CONCERNING EXCESSIVE USE
OF POLICE FORCE - INVITES INDIVIDUAL TO APPEAR AT MAY 23RD MEETING
(MANUEL GONZALEZ GOENAGA).
------------------------------------------------------------------------------
Commissioner Dawkins: I have another item that I scheduled as a non -regular
scheduled item.
Mayor Suarez: OK.
Commissioner Dawkins: It is now nine o'clock. I am pretty that this item is
going to be the last one that we hear. So therefore...
Mayor Suarez: We've got an item that's tabled and people are out there, so
don't assume that, please. We told them that we were going to try to
contemplate their item.
Commissioner Dawkins: ... Mr. Verrier, I cannot hear your item... come to the
mike, sir. I cannot hear your item tonight, but I will guarantee you that at
_ six o'clock... can we do it at the regular Commissioner meeting, or at the
next meeting?
Mayor Suarez: We can do it the next meeting which is a fairly light meeting.
Commissioner Dawkins: I want a time certain for six o'clock at the next
meeting to hear this gentleman's complaint... stand up, sir, stand up, about
excessive force, and since we... no, I can't listen. It's a non-scheduled
item, OK? - and I will schedule it as item... I am scheduling it now as an
item for the next meeting at 6:00 p.m. It will be heard then.
Mayor Suarez: May 23rd at 6:00 p.m.
Commissioner Dawkins: May 23rd, OK?
Mayor Suarez: Do we need a motion on that Mr. City Attorney?
Mr. Fernandez: No.
Mayor Suarez: All right. Would you make sure that it is reflected for a time
certain.
Commissioner Dawkins: Yes, time certain.
Mayor Suarez: Six p.m., May 23rd.
Commissioner Alonso: Six p.m.?
Mr. Manuel Gonzalez-Goenaga: Can I be guaranteed that it will be on the
agenda?
Mayor Suarez: It will be on the agenda, Mr. Gonzalez .
Commissioner Dawkins: I do have... I will have it on the agenda, yes.
Mayor Suarez: It will be on the agenda. I guarantee you that. Good night.
Commissioner Dawkins: Yes. It will be on the agenda, and it will be heard.
Mayor Suarez: OK. All right.
Mr. Gonzalez I have been here all day.
Mayor Suarez: Please, please, Mr. Gonzalez It will be on the agenda.
Commissioner Dawkins: Verrier, yes, Verrier. It's not this gentleman. Now,
let me... it's this gentleman who is on the agenda, OK? This gentleman, not
this gentleman, OK? It's his case that I am hearing. You come back at six
o'clock. Thank you.
231 May 9, 1991
Mayor Suarez: All right. On the 23rd, very good. Good night, sir.
------------------------------------------------------------------------------
56. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: FEDERATION
INTERNATIONALE DES SOCIETES D'AVIRON (FISA) - APPROPRIATE $45,000 AS
GRANT FROM METROPOLITAN DADE COUNTY TOURIST DEVELOPMENT TAX REVENUES FOR
1991 FISA REGATTA AT MARINE STADIUM - EXECUTE NECESSARY DOCUMENT(S) WITH
METROPOLITAN DADE COUNTY.
--------------------------------------------------------------------------
Vice Mayor Plummer: Mr. Mayor.
Mayor Suarez: Yes.
Vice Mayor Plummer: I have what I think is a non -controversial item. An
emergency ordinance establishing a special revenue fund entitled Federation
Internationale Des Societes D'aviron, and appropriating funds for the same in
the amount of forty-five thousand as a grant from Metropolitan Dade County
Tourist Development Tax Reven�Bs, the purpose of producing the 1991 Federation
Internationale Des Societes D'aviron (FISA Regatta) to be held August 28 -
September 1, in 1991 at the Marine Stadium, authorizing the City Manager to
accept such grant, and to execute the necessary documents at a form acceptable
to the City Attorney with the Metropolitan Dade County to accept such grants
containing a repealer provision and severability clause.
Mayor Suarez: So moved.
Vice Mayor Plummer: I so move.
Commissioner Dawkins: Second.
Mayor Suarez: Second. And call the roll on the item, if here is no further
discussion.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE
FUND ENTITLED "FEDERATION INTERNATIONALE DES SOCIETES
D'AVIRON", AND APPROPRIATING FUNDS FOR SAME IN THE
AMOUNT OF $45,000 AS A GRANT FROM METROPOLITAN DADE
COUNTY TOURIST DEVELOPMENT TAX REVENUES FOR THE
PURPOSE OF PRODUCING THE 1991 FEDERATION
INTERNATIONALE DES SOCIETES D'AVIRON (FISA REGATTA) TO
BE HELD AUGUST 28 - SEPTEMBER 1, 1991 AT THE MARINE
STADIUM; AUTHORIZING THE CITY MANAGER TO ACCEPT SUCH
GRANT AND TO EXECUTE THE NECESSARY DOCUMENT(S), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
METROPOLITAN DADE COUNTY TO ACCEPT SAID GRANT;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
Was introduced by Vice Mayor Plummer and seconded by Commissioner
Dawkins, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Vice Mayor Plummer and seconded by
Commissioner Dawkins, adopted said ordinance by the following vote:
232 May 9, 1991
11
E
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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10886.
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.
57. DECLARE FULL SUPPORT FOR SOUTH FLORIDA SOCCER '94, INC. IN ITS EFFORTS
TO HAVE SOUTH FLORIDA COMMUNITY SELECTED AS 1994 WORLD CUP VENUE SITE
AND WELCOME 1994 WORLD SOCCER CUP TO MIAMI.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Commissioner De Yurre: Two quick resolutions.
Commissioner Dawkins: Move it.
Commissioner De Yurre: Resolutions of the Miami City Commission welcoming the
1994 World Soccer Cup, the world's largest single sports event to the City of
Miami, Florida, and declaring the City's full support of the efforts of South
Florida Soccer 194 Inc. to have the South Florida community selected as a 1994
World Cup venue site.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call...
Vice Mayor Plummer: Wait, just... so that the record is clear.
Mayor Suarez: How could you possibly be against that?
Vice Mayor Plummer: No. Support at this time...
Mayor Suarez: How could you possibly have any questions about that?
Mayor Suarez: Well let me tell you why.
Vice Mayor Plummer: Support does not mean financial at this point?
Mayor Suarez: It sure does not.
Vice Mayor Plummer: OK.
Commissioner De Yurre: No, just moral support and all that kind of good
stuff.
Mayor Suarez: Call the roll.
233 May 9, 1991
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-378
A RESOLUTION OF THE MIAMI CITY COMMISSION WELCOMING
THE 1994 WORLD SOCCER CUP, THE WORLD'S LARGEST SINGLE
SPORT EVENT, TO THE CITY OF MIAMI, FLORIDA, AND
DECLARING THE CITY'S FULL SUPPORT OF THE EFFORTS OF
SOUTH FLORIDA SOCCER '94, INC. TO HAVE THE SOUTH
FLORIDA COMMUNITY SELECTED AS A 1994 WORLD CUP VENUE
SITE.
(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.
58. DECLARE FULL SUPPORT FOR SOUTH FLORIDA SUPERBOWL COMMITTEE IN ITS
EFFORTS TO HAVE SOUTH FLORIDA COMMUNITY SELECTED AS SITE OF 1995
SUPERBOWL AND WELCOME 1995 SUPERBOWL.
Commissioner De Yurre: Second. Resolution of the Miami City Commission
welcoming the 1995 Superbowl, professional football's largest single event to
the South Florida area and declaring the City's full support of the efforts of
the South Florida Superbowl committee to have the South Florida community
selected as a site of the 1995 Superbowl.
Mayor Suarez: So moved.
Commissioner Dawkins: Second. Moral support.
Mayor Suarez: Call the roll.
Commissioner De Yurre: Call it what you will.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-379
A RESOLUTION OF THE MIAMI CITY COMMISSION WELCOMING
THE 1995 SUPERBOWL, PROFESSIONAL FOOTBALL'S LARGEST
SINGLE EVENT, TO THE SOUTH FLORIDA AREA, AND DECLARING
THE CITY'S FULL SUPPORT OF THE EFFORTS OF THE SOUTH
FLORIDA SUPERBOWL COMMITTEE TO HAVE THE SOUTH FLORIDA
COMMUNITY SELECTED AS THE SITE OF THE 1995 SUPERBOWL.
(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:
234 May 9, 1991
11
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.
59. APPROVE, IN PRINCIPLE, REPORT (COMMON VISION) PRESENTED BY MEMBERS OF
THE NORTH EAST TASK FORCE.
Mayor Suarez: Item forty-seven.
Ms. Judy Clark: Good evening.
Commissioner Dawkins: The Northeast?
Commissioner De Yurre: Can we go home now?
Commissioner Alonso: Fine.
Vice Mayor Plummer: The best item of the night.
Commissioner Alonso: Yes.
Ms. Clark: Am I to understand, this is not a good time to ask for the money?
Vice Mayor Plummer: No, just because it's the last.
Ms. Clark: Good evening, Commissioners. Mayor Suarez...
Mayor Suarez: While we put on the record, whether this is the last or not,
where are the folks that were supposed to have their item tabled in time to
come back and report to us before 9:00 p.m.?
Commissioner Alonso: Look at them.
Mayor Suarez: ... as they walk in. All right. Go ahead.
Ms. Clark: Just in time. Mayor Suarez, Vice Mayor Plummer, Commissioners, my
name is Judy Clark, 5930 N. Bayshore Drive, Historic Morningside, Miami. Good
evening. At long last we are back. We want to tell you what we want to do.
It's taking us eighteen long months but we are totally prepared. You've read
our report. We want ice-cream stores, we want antiques shops, we want a nice
restaurant, we want to be able to walk to these places. We want our palm
trees back. Miriam, Biscayne Boulevard is our back yard.
Commissioner Alonso: That's right.
Ms. Clark: We want our back yard back. We know now what has to be done to
get these things, and we are willing to do whatever it takes. We want your
support. We are united, we are secure in our new upper east side image, and
we worked very, very hard to fit all of the pieces together. Now, it's your
turn. I'd like to briefly introduce our group - over here, could you guys
stand up? Over here, this is just the people that have been working hard
enough to be able to stay here until nine o'clock tonight.
Mayor Suarez: Some familiar faces.
Ms. Clark: Yes.
Commissioner Alonso: Of course.
Ms. Clark: The whole boulevard, from the Omni all the way to the City limits.
Mayor Suarez: Very good.
235 May 9, 1991
Ms. Clark: We have six committees. Doug Broeker is the chairman of our
funding committee, he is going to give you a brief overview of our plan...
just a moment - of our plan and our proposals.
Mr. Doug Broeker: Good evening. Doug Broeker, 538 NE 55th Terrace in
Morningside. I am here tonight with pleasure, with pride, and with hope for
the future. I am here with pleasure from the progress that we have made in
our area in the last two years. With pride...
Mayor Suarez: Wait a minute.
Mr. Broeker: OK.
Mayor Suarez: This item has been discussed, contemplated, liberated, et
cetera, for many, many months. The least we can do, is pay attention to the
final report. Go ahead.
Mr. Broeker: Thank you, Mayor Suarez. I am here with pride with the progress
that we have made in the last eighteen months. With pleasure, serving with an
active group and the accomplishments that we have made, and hope for the
future, as we make a partnership, a new partnership, of the residents, the
businesses and the City. We were formed as you know, in the summer of 1989,
and at that time, our area was portrayed by the Miami Herald in an article
called "Life on the Edge," as infested, and blighted with prostitution, drug
sales, and code violations. But we knew, and you knew, that this area had
potential. We have, as you see from your maps, fifty percent of this City's
residential waterfront. We have historic neighborhoods, and we have good
people who are willing to work and help their area. So we worked, we studied,
and we did some things along the way. We helped the police department get a
four hundred thousand dollar ($400,000) crack focus grant from the federal
government to step up enforcement and have crime sweeps. We were the original
drafters of the nuisance abatement ordinance that you passed on second reading
this morning. You all are familiar with the upper east side calendar which
was put together by task force members, and funded by the efforts of task
force members and local businesses. We have a scattered site housing project,
and a beautification project for Biscayne Boulevard on the boards right now.
And finally, we have what we are presenting to you tonight, our common vision
report. This we see as the blue print to revitalization of our area. And as
we sit here tonight, stand here tonight before you, after two years of work,
the City has not had to pay one dollar for any of the efforts, for any of the
projects to date. We see, as set out in this report, a rebirth for the area.
Our active citizens have worked hard and will continue to work. And this
report outlines the different programs that we hope to implement in the years
to come.
Mayor Suarez: That would really make a nice headline in the Miami Herald
tomorrow. The rebirth of the Northeast.
Commissioner Alonso: Yes.
Mayor Suarez: The problem is that they are - they don't think that is a very
sexy issue, you know what I mean? They are only interested in whether we are
going to...
Commissioner Dawkins: They get first.
Commissioner Alonso: Positive news.
Mayor Suarez: ... yes, or whether we are going to award a lease to these
folks or not, and all that kind of stuff that has implications of litigation
and big money, you know, the Northeast, ah...
Commissioner Alonso: No, Carl is listening.
Mayor Suarez: There we go.
Commissioner Alonso: He is listening.
Mayor Suarez: And maybe even Linda.
Commissioner Alonso: Yes.
236 May 9, 1991
Mayor Suarez: Miami today, you know, they only go up as far as the Omni, no
interest beyond the Omni, I guess, right? OK, go ahead.
Mr. Broeker: OK. What we need in order to accomplish these projects is for
the City to join us and help us, but we don't want the whole burden on your
shoulders, because we know that money is tight. We have outlined how these
projects can be accomplished, not just with City funding, and our efforts, but
with County, State, Federal, and private funding. We have already started
pursuing different avenues, some already successfully. But what we need the
City to do, is take a lead role. Because we can't expect any of the other
governmental entities, or the private interest to jump on board this train
unless it's already moving. So we are asking you to join us, and we want to
tell you that our area is a good investment for you. It's a good investment
because of the people that live there, and because the cost to you will be far
outweighed by the revenue that you will see in increased commerce, increased
values, increased taxes. So, it's a good investment for you - not only that,
we deserve it. In the ten yeas that I've been here, I've seen the downtown
revitalize, Brickell Avenue revitalize, Coconut Grove revitalize, and the
Northeast left behind. Now it's our turn, and we thank you for your support.
We are asking you to adopt this report in principle, and for the
recommendations for immediate action that we have handed out, to adopt them in
principle as well.
Mayor Suarez: What are the economic implications of adopting it? - so far.
Mr. Broeker: Excuse me?
Mayor Suarez: The economic implications. Is that going to be a separate
report? What commitments are we making if we adopt it?
Ms. Clark: Yes, the only recommendation is making it, yes.
Mayor Suarez: Come up to the mike, Judy.
Ms. Clark: Not that tall, Doug. There is only one recommendation for funding
tonight, and we will be returning on that one issue at a later time.
Mayor Suarez: All right.
Ms. Clark: But we want you to agree in principle to everything tonight and we
will request funding at a later time.
Vice Mayor Plummer: Well, in all fairness, you... on item number eight, the
City has no authority on the Performing Arts location. That's not within our
purview.
Ms. Clark: It's a request.
Mr. Broeker: That's a request by us as a group.
Vice Mayor Plummer: Well, but I am saying, you're requesting it of the City,
and we don't have any of the...
Ms. Clark: We are requesting it at the County also.
Mayor Suarez: It says in...
Vice Mayor Plummer: OK, the question of the County...
Commissioner Alonso: What you want, is a moral support of the idea?
Ms. Clark: Yes.
Mayor Suarez: Right. But you said, north of downtown in the City. You
mean...
Mr. Broeker: Right.
Mayor Suarez: For example, the Omni area?
Mr. Broeker: Exactly.
237 May 9, 1991
Ll
Commissioner Alonso: Ah, yes. They are saying, the Bell property, which is
free.
Vice Mayor Plummer: Forty-four hundred.
Mayor Suarez: Forty-four hundred building. I mean, et cetera, et cetera.
Mr. Broeker: What we are asking... that's right. What we are asking is for
you to approve the report and the immediate recommendations in principle.
Mayor Suarez: We11, the City is on record as supporting a Performing Arts
center in most sites that we have considered, except... I think we have some
disagreements on whatever it has been proposed for the east side of Biscayne
Boulevard.
Commissioner Alonso: Yes.
Mayor Suarez: So, you know, around where the parks are, put it that way, and
there we have a division of opinion. But the idea of having it close to,
fairly close, certainly close to our Bay, Biscayne Bay, and reasonably close
to Metromover extensions, or rapid transit, and downtown, et cetera, it's
certainly part of what we have adopted so far. There will be no deviation
there, I don't think. Commissioner Dawkins.
Commissioner Dawkins: We are going to adopt your plan. But you should not
leave anyone to think that this Commission is not supportive of the issue.
See, and then when you say that you expect us to support it, it makes me think
you've got doubt in your mind of our support. We support this, and you know
we do. We are happy that you did it, and we are going to continue to support
it. OK?
Mr. Broeker: Thank you.
Commissioner Dawkins: Now I said to you, and I don't want you to wait until
the next time you come here. We said the other day that we need somebody to
be able to circulate a certain area of Biscayne Boulevard to help us remove
the element there that we are constantly fighting. So you should... I don't
want you to come back to me later. I need for you to tell me tonight that you
expect us to provide another policeman, another public service aide, a mounted
policeman, a canine dog, or whatever, so that we can do that. The second
thing I want you to tell me tonight is, we've given economic development
money, fifty thousand dollars ($50,000) to every other area but this one. So,
you need to say to me that you have done all this with your own money, and
it's time that the City of Miami put its money up, and that you would like a
fifty thousand dollar economic development money, so that you can do some of
these things, that you no longer have to reach in your pocket and do. But if
you don't want it, I'll have a problem with it.
Mayor Suarez: Bob.
Mr. Bob Grill: I'm Bob Grill, 764 NE 73 Street. I'll address the issue of
crime prevention. It has been my pleasure and distinct honor to lead the
crime prevention and safety committee for the last eighteen months since we
started. I was going to tell you thank you very much for the new spirit of
cooperation in the Northeast, and the Managers, the City Managers, and your
helpers have been very good with us, helping us all along - the old police
chief, and the new police chief, the fire chief. We have a new mini station
in Legion Park that is working out quite well. We have a nuisance abatement
ordinance now, and please put hard thinking tough people on that citizens
review board, nuisance abatement ordinance. Thanks again for the money for
the personal computers in the two mini stations of Edgewater and Legion Park.
Our next target area to improve as far as crime prevention and safety, is the
area around Morningside Elementary School - NE 63 Street to 68th Street, NE
4th Court. Please give us additional police activity in that area in the form
of a horse patrol, foot patrol - I'd like to see you have a two month pilot
program for foot patrol.
Mayor Suarez: Mr. Manager, in connection with the report on deployment that
we are expecting, would you build that recommendation as one of them. When
you are finish talking to Judy, maybe...
238 May 9, 1991
Commissioner Dawkins: Judy, you're going to have to sign, and give him a job, _
because he is not paying any attention to the people who pay him.
Ms. Clark: He is telling me, lie is going to Nicaragua.
Mr. Odio: No, no. Not me.
Vice Mayor Plummer: He was telling her what?
Commissioner Alonso: Going to Nicaragua. Is he leaving us?
Mayor Suarez: Go ahead, Mr. Mayor.
Commissioner Alonso: He has been sending messages today.
Mayor Suarez: You all get your act together. Now, you want his attention to
that particular...
Vice Mayor Plummer: Well, Mr. mayor, wait a minute - with this one going to
Sarasota, this one is going to Nicaragua, we are going to have... Matty, would
you like to go somewhere?
Mr. Grill: Well don't worry, because the Northeast Task Force is staying here
in Miami.
Commissioner Alonso: Wonderful.
Mr. Grill: And we are going to work with you, and you are going to work with
us.
Commissioner Dawkins: Ask him again Mr. Mayor, so we would know.
Mayor Suarez: Yes. We need to build into the request that you bring back the
whole list deployment issue as a universal and global concern in the City to
build in their request for consideration of foot patrols and/or...
Mr. Grill: Mounted.
Mayor Suarez: ... mounted for... describe the area again Bob, that you
were... particularly affected.
Mr. Grill: The areas around our local Morningside Elementary School area,
which is NE 63 Street to NE 68th Street, NE 4 Court to the Boulevard. And
I'll remind you that there is... that is protected by the new ordinance for
drug sales within the area around the elementary school.
Mr. Odio: Mr. Mayor, and Commissioners, see what I am... Chief Duke is
responsible to me for that area.
Commissioner Dawkins: He is not a policeman.
Mr. Odio: No, but he leads the task force. And I was telling you that we
have to have a meeting of them three, and the chief, and the chief of police,
plus Sergio Rodriguez.
Ms. Clark: Wait, let me talk... because Bob knows what we are talking about.
Odio, let Bob tell you where we are talking about.
Commissioner Dawkins: Hold it, hold it. Don't complicate this.
Mr. Odio: I'm not, that's why I am trying to... we need to talk.
Commissioner Dawkins: We need... the chief can ... OK. Can the chief assign
a policeman there? - the chief of Fire Department?
Commissioner Alonso: I hope not.
Mr. Odio: No. But it is a...
Commissioner Dawkins: OK. So you know... and also while you are doing this
Mr. Manager...
239 May 9, 1991
Mr. Odio: It is a combined effort.
Commissioner Dawkins: ... while you are doing this Mr. Manager, you get in
touch with the school board and have the school board understand that they
have to help us police this area, because you've got the... whatever, the
fifteen hundred feet drug free zone around the school. And therefore, we
should be having some surveillance from them to help us keep the area clean.
And we can de it as a joint effort.
Vice Mayor Plummer: Don't hold your breath with help from the school board.
Mayor Suarez: OK Bob, complete the report.
Mr. Gri11: No part of that area is less than two block from the school. So
we hope you will help us allow these children to come to and fro without the
problems that are there right now. That's all I have to say. Once again,
thank you, and I think, Jan Grigsby is next.
Commissioner Dawkins: OK. Thank you.
Mayor Suarez: Thank you, Bob.
Commissioner Dawkins: Oh no, not Ms. Edgewater.
Ms. Clark: No, she is... I am back too. Odio, what you think that you are
talking about, it has to do with all departments, not just the police or the
fire department. We are interested in the companions from every single
department affecting what we want to do ultimately.
Mayor Suarez: All right. But on the security issue, that was particularly
directed to the police.
Commissioner Dawkins: Now, we will hear from Ms. Edgewater.
Mayor Suarez: Janet.
Ms. Janet Grigsby: Thank you. Jan Grigsby, 725 NE 22nd Street. PR
communications chair for the Northeast Task Force. First I want to thank each
and every one of you, the Mayor, the Vice Mayor, and the Commissioners for
all... -I talk so loud, I guess I don't need this, right? - for all that you
have done to help us. We have some special thanks that we want to give here.
We took Mayor Suarez literally when the appointment was set up, and he said,
use in -kind services - and we did. We have a very special thanks for Sergio
and his department. They did an awful lot for us. John Leftly, the planner
for our neighborhoods attended all of our meetings...
Mayor Suarez: We have never been thanked so much in one night. Keep it
coming, all right.
Commissioner Alonso: These are good people.
Ms. Grigsby: Well, see Northeast is appreciative.
Mayor Suarez: Can you solve her problem too?
Ms. Grigsby: We haven't really hit you all yet, we are just giving you our
thanks.
Mayor Suarez: OK. But you're getting to the point very quickly, aren't you?
Ms. Grigsby: Yes, we are.
Mayor Suarez: Because it's nine twelve and we have one other item, we must
dispose of or at least try to, please, quickly.
Ms. Grigsby: John Leftly and Olmedillo, and Pablo Canton did an awful lot for
us. Herb Bailey, his department did the set up for our calendar. We really
appreciated that. Apparently, he did use in -kind services. We thank them.
The City's printing shop did this for us. We, the Northeast Task Force, sold
the ads that produced the over ten thousand copies, we distributed to every
department in the City, the County, Statewide, and Federal. We had a lot of
response back. We intend to do this calendar again this year. We ask that
240 May 9, 1991
you help us again with your in -kind services. We are very willing to go out
and solicit advertisement again, but we would like to have the photography
department, and the print shop help us, and Herb Bailey's department.
Mayor Suarez: Absolutely. OK, on that, I don't know if it's related but
there has been some indication of some new buildings on Biscayne Boulevard,
who knows that it isn't in fact, there is a correlation between that and your
efforts to promote the area, and to...
Ms. Grigsby: Right.
Commissioner Alonso: Who knows, yes.
Mr. Odio: Mr. Mayor, this is important. We are now in a very important phase
of the Burle Marx project. We have the first million seven. The second phase
we have to go after now, because they are beginning to prepare the budget for
192, and that's the fifteen million dollars, so.
Ms. Grigsby: Right.
Mayor Suarez: That Burle Marx design has been recognized nationally, in
Newsweek, I think it was that gave it the...
Commissioner Alonso: Great.
Mayor Suarez: ... number one National Turkey award, but we won't go into
that.
Mr. Odio: But you need to write letters up to, especially Bill Lemon, Ileana
Ros, and the senators.
Ms. Grigsby: I know that.
Mr. Odio: You need to write letters up there.
Mayor Suarez: All right.
Ms. Grigsby: OK. Oh, we are good at that. We are excellent.
Commissioner Alonso: Yes.
Mayor Suarez: Anything else?
Ms. Grigsby: We do periodically put out a newsletter of Miami's upper east
side, so that we keep everyone informed.
Mayor Suarez: We have one more committee after this?
Ms. Grigsby: Yes. What we are asking for also, and this may be something of
what you were just talking about. You know this is a newsletter Herb Bailey's
department puts out. We would like to have the City produce something like
this for us. These happen to be our colors. What we want in it is, we will
tell about Chinatown, Barcardi, the Police Museum. We will tell about... we
are going to do the surrounding areas also, telling about old fire station
number two, and things... Yes.
Mayor Suarez: We've been approving a couple of rezonings, or major use
permits, or something up in Biscayne Boulevard too. Make sure you mention
those. You didn't mention it.
Ms. Grigsby: What we want to do this year, and we know that the City can
print it easily. We will do the writing and what we ask is the City to take
the pictures for us, and print it up. We want this to be...
Commissioner Alonso: Yes, and the Herald will publish a very nice article as
well.
Mayor Suarez: That's right. The Herald will do almost the whole thing for
you. Publicity.
Commissioner Alonso: They should, really.
241 May 9, 1991
Vice Mayor Plummer: Oh, they should, yes.
Commissioner Alonso: These people do such a good job.
Ms. Grigsby: The next thing we are asking for... don't look at my artwork.
We want banners in our neighborhood. We have had banners for quite some time,
the Chamber banners, and they are about ready to come down. And we want
something simple, but elegant. Something depicting that we are on the water.
Mayor Suarez: What do you need from us on that, Janet?
Ms. Grigsby: And we want this on the Boulevard, and we want it on 2nd Avenue.
Mayor Suarez: We will approve the placing of those on the Boulevard. You
don't... you're not asking for money for these, are you?
Ms. Grigsby: Well, we would like the City to pay for the banners. We figured
it's around twenty-five hundred dollars ($2,500) and of course, we know that
Public Works will install them for us.
Mayor Suarez: Twenty-five hundred dollars ($2,500). And installed by Dr.
Prieto. OK.
Ms. Grigsby: OK. I did talk to him, I guess you have to talk to him. One
more thing that we would like in each, and please don't think I am partial,
because it says, Edgewater. We would like each of our neighborhoods...
Mayor Suarez: Oh, that's part of a resolution previously approved by this
Commission, and...
Ms. Grigsby: Super.
Mayor Suarez: Yes.
Ms. Grigsby: That we can count on getting these. And that's only around...
for our eleven neighborhoods up there, some will be one-sided, and some will
be two-sided signs. We'll use the City logo, we will use the City colors, but
we want them to say, welcome to Edgewater, welcome to so and so. And that's
only twelve thousand dollars ($12.000).
Mayor Suarez: Yes, we have done that.
Ms. Grigsby: We thank you for everything.
Mayor Suarez: But if they haven't started moving towards fulfillment of that
resolution, then we ought to light a fire under whatever.
Ms. Grigsby: But I feel sure that you will because you've done an awful lot,
particularly for Edgewater, and you've done an awful lot for the Northeast, or
you're intending to. We have a couple other things we want to tell you about
that we are doing ourselves. We are very, very proud of two police mini
stations, and we're giving an exceptionally super special thank you to our
friend, Lieutenant Longueira for all that he put up with us to get them.
Mayor Suarez: A super-duper...
Ms. Grigsby: Right.
Mayor Suarez: ... extra, hyper.
Ms. Grigsby: We are planning what we call a walk for dollars, I won't go into
details.
Mayor Suarez: Walk for dollars?
Ms. Grigsby: Sure. I mean, I might walk those four miles for a dollar a mile
or ten dollars a mile...
Mayor Suarez: Oh, OK. That's acceptable, that's legal.
Ms. Grigsby: ... or a dollar a step and so on. We are going to be walking
from one mini station to the other, and that's raising money to help for
things that we need within our mini stations.
242 May 9, 1991
Mayor Suarez: Well, if you want to do a running, and you want to raise a
little bit more money, let me know. Try to challenge somebody, maybe...
Ms. Grigsby: And another thing, just to let you know what we are doing in the
Northeast to promote ourselves, we also... you know the carnival, the
Caribbean carnival...?
Mayor Suarez: Janet, those gentlemen right next to you want to speak.
Ms. Grigsby: Never mind Armando. We are working with the Caribbean
carnival...
Mayor Suarez: So she hugs them.
Ms. Grigsby: ... to come back into our neighborhood. They were in Magnolia
Park and Edgewater last year, and ended up in Bicentennial. We are talking to
them about doing something up in Legion Park, and... _
Mayor Suarez: The more you can get the festivals to move towards other parts
of the City from Coconut Grove, the better.
Vice Mayor Plummer: Yes.
Mayor Suarez: Janet, goodbye.
Ms. Grigsby: OK. It's Juan's turn. -
Mr. Juan Crespi: Juan Crespi, offices and Architects International in the
City, 227 NE 26th Terrace. I chair the beautification committee. I'll try to
be as brief as possible in here. Our effort is concentrated on Biscayne
Boulevard. We figured that was the linking element between all the
diversified neighborhoods. It's also a historic entrance to the City of
Miami. Our goals entailed, upgrading of appearance of public right-of-ways,
upgrade appearance of private property and promote special features, such as,
public gardens, historic resources, monuments, and fountains. As a target
area, we selected for a first project, an area between NE 35th Street, NE 39th
Street.
Vice Mayor Plummer: How would you like some black olives off of Calle Ocho?
Mayor Suarez: We've got a lot of black olives...
Mr. Crespi: No black olives please.
Mayor Suarez: And some royal palms.
Commissioner Alonso: Palm trees.
Mr. Crespi: What we have in that area is, palms that have passed away, and
they have not been replaced.
Mayor Suarez: Have you talked to Little Havana Kiwanis?
Commissioner Alonso: We'll get you some. Yes, I will, I promised I was going
to.
Mr. Crespi: Excuse me?
Mayor Suarez: Have you talked to the Little Havana Kiwanis?
Mr. Crespi: No. I heard him today, but I didn't.
Mayor Suarez: Please talk to the Little Havana Kiwanis. Schedule an all
night marathon with Little Havana Kiwanis. They've got tons of royal palm
trees, and they want to put them all over SW 8th Street.
Vice Mayor Plummer: Right now, they've got no where to put them.
Mayor Suarez: And there is a little problem the►•e.
243 May 9, 1991
0
•
Commissioner Alonso: I promised them I was going to help, so I will talk to
them seriously.
Mr. Crespi: We will be glad to take them.
Mayor Suarez: Please, and invite Commissioner Alonso, a lot of...
Commissioner Alonso: No, I promised them already that I was going to get
involved.
Mayor Suarez: Please. Because those... they are driving us crazy with these
royal palms that other people...
Commissioner Dawkins: Don't want.
Mayor Suarez: ... don't want. It's a crazy situation. You'd love to see
them there.
Mr. Crespi: OK.
Mayor Suarez: I'd love to see them there. Everybody would love to see them
there.
Commissioner Alonso: It's beautiful. We'll make everyone happy.
Mr. Crespi: We were also inspired by the Roberto Burle Marx design in there.
We don't want to by any means, carry the same expense down there, but we do
want to carry a flavor, and some of those elements in there. Referring to the
palm trees, in that specific area, we are missing about twenty palm trees that
in this...
Mayor Suarez: That's minimal compared to the ones they have got. They've got
all kinds of them. You just have to rename Biscayne Boulevard something or
other, related to Little Havana. That's all.
Commissioner Alonso: Give a carnival.
Mr. Crespi: We will also like to have some shrubbery in the area, some
tropical bus shelters, some benches, and paved sidewalk. Again, it's a
demonstration area...
Commissioner Alonso: It's really nice.
Mr. Crespi: ... the entire thing will run into like a five year plan.
Commissioner Alonso: And I see channel ten, and everything - took the number.
Mr. Crespi: Your top drawing there, it's a view from the 4400 building
Biscayne Boulevard, looking downtown.
Commissioner Alonso: Everything went fine. I was going to move for approval
of all the recommendations until you mentioned 4400, and then I get nervous.
Mr. Crespi: I'll take that. From channel ten, looking downtown.
Mayor Suarez: Very good. Very good adjustment in your stride there.
Vice Mayor Plummer: Looks like the Grand Prix.
Mr. Crespi: What we tried to depict there is, colored in green are the trees
that will be replaced. Also, the paving is shown in there, and the
landscaping.
Mayor Suarez: All right.
Mr. Crespi: This other one features further down on Bay Point, the idea of
improving on the median. We're talking there, a fountain, and again,
landscaping.
Mayor Suarez: Make sure you find out exactly what was done at Bayfront Park,
and do none of that as you plan your fountain.
244 May 9, 1991
Mr. Crespi: Even though we are not asking for money tonight, we have
approached instead a Florida Highway Beautification Grant, and they are
willing to go on a fifty-fifty basis with the City. The initial pilot program
we are shooting for, it's two hundred and fifty dollars - two hundred and
fifth thousand from them, two hundred and fifty from the City.
Mayor Suarez: I was ready to move two hundred and fifty dollars, before you
said two hundred and fifty thousand. OK.
Mr. Crespi: If we look at the entire strip from NE 24 Street to 87th Avenue,
looking at it in a five year... to 87th Street, sorry, it will be a five year
plan, a little under a million per year total, if we are going to take the
entire ways there. The other areas we looked at was the facade program, but
your CB01s are already looking at come of those, so that's a direction we are
going to go and have them take over that. As far as...
Mayor Suarez: If you don't have a CBO doing it, you won't be eligible for
Community Development Block Grant monies, and I guarantee you that City
general revenues would never, or any kind of public works bond issues would
never be available for facade improvements.
Mr. Clark: Correct.
Mayor Suarez: It's got to be in areas that are eligible for CDBG funds.
Mr. Crespi: You know, upper streets in the 160's and 170's, we still have
areas in there with no curbs, no gutters, no sidewalks, and that should be
also in the future to bring them up to par.
Mayor Suarez: And by the way, when we get to the point that we have to put to
the voters a GO bond for public improvements, we need you to do as other
neighborhoods are doing, which is to begin educating their citizens to vote
favorably to it, because there is no other money otherwise. The last vote was
very, you know, was a lot closer than in the past, so people are beginning to
see that we are going to have to replenish our public works general obligation
bond indebtedness.
Mr. Crespi: OK. Last but not...
Mayor Suarez: Or bond capital available.
Mr. Crespi: I'm sorry.
Mayor Suarez: Final point please, we've got one other report...
Mr. Crespi: Final point.
Mayor Suarez: and we've got this other item.
Mr. Crespi: Last but not least, we are pursuing a ten unit median income
development housing under CD scattered site housing program which is shown at
the bottom. That's somewhere in the 60th or 70th block, and the intent is to
maybe, replace one of those motels with this kind of facility.
Mayor Suarez: That's great.
Mr. Crespi: Thank you.
Mayor Suarez: And then we can replicate that if that works, and everybody
supports it and we get federal funds, and surtax, and everything else, it
would be nice. That's it? - "finis"?
Mr. Crespi: Armando asked me to reemphasize the cost of...
Mayor Suarez: Reemphasize. Please, get the next report folks.
Commissioner Alonso: You have done so well.
Mayor Suarez: We've got another matter yet to try to solve tonight. Come on
Armando - whoever has to.
245 May 9, 1991
Ms. Clark: Armando wants to reemphasize how much it's going to cost. We'll
be back. Gentlemen, we would like to thank you, the agencies, the City =—
offices...
Mayor Suarez: Lady and gentlemen.
_ Ms. Clark: ... that have assisted us to this point. We look forward to
working with this group, with other groups toward the rebirth of Miami's upper
east side. Now, it's our turn. We look for your support in the upper east
side. Good night.
Mayor Suarez: Good night.
Commissioner Alonso: Good night. They want a formal motion of approval of
the recommendations, I...
Mayor Suarez: Yes. So moved.
Commissioner De Yurre: Moved in principle, the whole concept.
Commissioner Alonso: Yes.
Mayor Suarez: Seconded by Commissioner Alonso. Call the roll.
Mr. Fernandez: It's a resolution approving in principle.
Commissioner De Yurre: That's right.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-380
A RESOLUTION, WITH ATTACHMENT(S), APPROVING, IN
PRINCIPLE, "COMMON VISION", THE ATTACHED REPORT OF THE
NORTHEAST TASK FORCE DATED APRIL, 1991.
(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 AFTER ROLL CALL:
Commissioner De Yurre: I want to congratulate you in the work you put in,
because...
Mayor Suarez: Really, right.
Commissioner De Yurre: ... just from looking at what you have brought before
us here, a lot of work has been put in, and I want to...
Mayor Suarez: A lot of in -kind work there by your fine architect.
Commissioner De Yurre: ... congratulate you all.
Mayor Suarez: Or did you pay him? - I mean, I don't know.
Mr. Crespi: Thank you, Commissioner. Good night.
Ms. Grigsby: Thanks a million.
246 May 9, 1991
Commissioner De Yurre: Bye.
Mayor Suarez: And all of you, really.
Commissioner Alonso: Mr. Mayor, you really have to think about the beginning
of 1980, and the Miami Civic League and everything.
Mayor Suarez: Yes.
Commissioner Alonso: And I look at Bob Grill and I think finally, something
Is happening. So it's great.
Mayor Suarez: And Pam Kate and everybody. And what was the firefighter?
Elvis Cruz. I haven't seen him in a while.
60. (Continued Discussion) RESCHEDULE DISCUSSION CONCERNING DINNER KEY
BOATYARD JOINT VENTURE REORGANIZATION FOR MAY 23RD MEETING (See label
52).
[R.K.W.: Merrill Stevens, Faison Enterprises, marina, dock, lease,
bankruptcy, eviction, lawsuit]
Mayor Suarez: Counselor, where are we?
Mr. Michael Moore: I think another couple of hours and we can wrap this thing
up - no problem.
Vice Mayor Plummer: You'll be here alone.
Commissioner Alonso: That's right.
Mr. Moore: We've talked with Mr. Bailey, and I think we have a sort of, some
understanding, so we'd like to be on the agenda for the meeting in two weeks.
We need to sit down and talk about some specific language. But we see no
insurmountable problems - we're going back off of some things.
Mayor Suarez: You see no insurmountable problems?
Mr. Moore: Yes.
Mayor Suarez: Herb, Mr. Manager, someone, does that look like something
conceivable?
Mr. Odio: Well, I told him standing here...
Mayor Suarez: Because the alternative is to take action today to stop
negotiations...
Mr. Odio: Let me... Mr. Mayor.
Mayor Suarez: ... with anyone, and just proceed to...
Mr. Odio: I told him I don't want to waste your time, or anybody else's time.
If the contract - the lease, the lease that we have with that group remains as
is - the total lease, I have no problem with it. If they want to make any
changes, I will not recommend.
Mayor Suarez: OK. And any logical modifications that come into play when you
bring in a new partner - obviously, I mean there would be some of those.
Mr. Odio: All you do is change the name.
Commissioner De Yurre: Well, let me understanding something then. Is it the
two week period that you are asking for is...
Mr. Odio: For what?
247 May 9, 1991
Commissioner De Yurre: ... so that you guys can make up your minds whether
you want to accept the lease as is, or not? Because there is nothing to
negotiate from what 1 can see.
Mr. Odio: No, I'm not going to negotiate anything. That's what I am trying
to say.
Commissioner De Yurre: Is that basically it?
Mr. Moore: No. That's not it at all. There is simply not in either logic or
law, is that the position that this Commission has to take. You can make
_ decisions to change that lease, just as you can when leasehold people come to
you and say, we need a modification on the lease. The lease was negotiated
after the joint venture was selected by the Commission.
Vice Mayor Plummer: I understand that.
Mr. Moore: And just as it was negotiated after you were selected, you cannot
make some changes. This is a substantial benefit to the City. It does not go
further than the original lease - I mean, the original proposal.
Mayor Suarez: OK.
Commissioner Dawkins: Do you intend in any way to modify the minority
participation part of the plan that was already agreed to?
Mr. Moore: No.
Commissioner De Yurre: So, we move to defer for two weeks.
Mayor Suarez: Moved to continue t h e item, or defer, or whatever the correct
terminology is for the 23rd. I think you've heard enough up here to know that
it's going to be a very, very tight envelope here for you to negotiate within.
It's another way of saying, you pretty much have to accept everything that's
in the lease. And if that sounds like something you want to try for, we don't
lose a heck of a lot by fourteen more days.
Mr. Odio: You need to change the meeting time...
Commissioner Dawkins: Spell out in your presentation when you come back, what
you minority participation plan is, so I won't have to guess whether you agree
with the other one or not. OK?
Mr. Moore: We will spell that out.
Mayor Suarez: All right, so moved by Commissioner De Yurre. Seconded by
Commissioner Dawkins.
Mr. Fernandez: So, you are giving actually a two week time period? - because
we need to inform to the bankruptcy judge.
Mayor Suarez: Yes, "exactamundo." Call the roll. Seem pretty simple when
we...
Mr. Fernandez: All right.
ON MOTION DULY MADE BY COMMISSIONER DE YURRE AND SECONDED BY
COMMISSIONER DAWKINS THE ABOVE ITEM WAS DEFERRED TO THE COMMISSION
MEETING ON MAY 23, 1991 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:
248 May 9, 1991
Commissioner Alonso: Well, I was really ready to vote no, but I might as
well...
Commissioner Dawkins: You can vote no two weeks from now - no problem.
Commissioner Alonso: Yes. So yes, tonight.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: You've got some hurdles to overcor,e.
61. RESCHEDULE REGULAR PORTION OF MAY 23RD %,,MISSION MEETING TO BEGIN AT
2:00 P.M.; AND PLANNING & ZONING PORTION T�, BEGIN AT 4:00 P.M.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: We need a motion.
Commissioner De Yurre: The meeting for the 23rd, if we can start at two
o'clock, because there are no morning items.
Mayor Suarez: We need a motion on starting the meeting of the 23rd, at 2:00
p.m.
Commissioner De Yurre: Moved.
Mayor Suarez: So moved.
Commissioner Dawkins: Why?
Vice Mayor Plummer: Why not?
Commissioner Alonso: What? What did he say?
Mayor Suarez: What do you mean, why?
Commissioner De Yurre: We got you.
Mayor Suarez: What time did you want to start it?
Commissioner Alonso: What did he say?
Commissioner De Yurre: Well, you could be here et nine though.
Mayor Suarez: Moved for 2:00 p.m.
Commissioner Alonso: It starts at what time? - Ao?
Vice Mayor Plummer: The agenda is small?
Commissioner Alonso: That small?
Mr. Odio: We have only three... we have three items. One is the Orange Bowl
contract, the other one is... a very minor change of something.
Mayor Suarez: Your opinion is that we can begin at two, and we will be all
right? All right.
Mr. Odio: We have nothing else.
Mayor Suarez: So moved by Commissioner De Yurre.
Vice Mayor Plummer: Wait a minute. May I ask as a consideration, let's do it
at nine and be over by ten.
Mr. Fernandez: No, P and Z items, by statute, :,;:y have to be heard.
249 May 9, 1991
Mr. Odio: No. We have Planning and Zoning, at four o'clock.
Vice Mayor Plummer: Or, OK.
Mayor Suarez: The Zoning picks up at four, yes.
Mr. Odio: See, you have Planning and Zoning. And then now, this one.
Mayor Suarez: Seconded by Vice Mayor Plummer. Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-381
A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY
COMMISSION MEETING OF MAY, 1991, TO TAKE PLACE ON MAY
23, 1991, AT 2:00 P.M.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor 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.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:30 P.M.
ATTEST:
Natty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
HI
Xavier L. Suarez
MAYOR
INCOB Pit) RATED
18R96
250 May 9, 1991