HomeMy WebLinkAboutCC 1991-11-14 MinutesINDEX
MINUTES OF REGULAR MEETING
NOVEMBER 14, 1991
----------------------------------------------
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1.
SWEARING IN CEREMONY:
DISCUSSION
1-4
(A) COMMISSIONER VICTOR DE YURRE, THE
11/14/91
SUCCESSFUL CANDIDATE FOR COMMISSIONER
GROUP II, IS SWORN INTO OFFICE BY
OSMUNDO MARTINEZ, ESQ.
(B) COMMISSIONER J.L. PLUMMER, JR.,
THE SUCCESSFUL CANDIDATE FOR
COMMISSIONER GROUP III, IS SWORN INTO
OFFICE BY DAWN PLUMMER.
2.
PRESENTATION OF KEY TO THE CITY:
DISCUSSION
4
DENNIS MARTINEZ - FOR PITCHING A NO-
11/14/91
HIT -NO -RUN PERFECT GAME FOR THE
MONTREAL EXPOS.
3.
GRANT REQUEST BY THE BICENTENNIAL
R 91-781
4-6
COMMITTEE FOR CLOSURE OF DESIGNATED
11/14/91
STREETS CONCERNING THE BICENTENNIAL
BILL OF RIGHTS PARADE.
4.
PROCLAMATION: CHIROPRACTIC WEEK
DISCUSSION
6
11/14/91
5.
(A) AUTHORIZE CITY MANAGER TO PURCHASE
M 91-782
7-9
A NEW FIRE RESCUE UNIT FROM CIP FUNDS.
DISCUSSION
(B) PRESENTATION BY FIRE DEPARTMENT
11/14/91
CONCERNING THE CITY LABOR-MANAGEMENT
PROGRAM: THE SPIRIT OF MIAMI, TO
PURCHASE STATE-OF-THE-ART RESCUE UNITS
WITH CITY EMPLOYEE DONATIONS.
6.
PRESENTATIONS, PROCLAMATIONS & SPECIAL
DISCUSSION
9-10
ITEMS.
11/14/91
(A) CERTIFICATE OF APPRECIATION: GENE
COKEROT, LT. DAN MEADOWS AND DAVID
ELLISOR - FOR THEIR CONTRIBUTION TO THE
FIREFIGHTER CHILDREN'S HORSE PARADE.
(B) PROCLAMATION: DESIGNATION OF
NATIONAL FAMILY WEEK, HONORING FAMILY
COUNSELING SERVICE OF GREATER MIAMI.
(C) MOST OUTSTANDING POLICE OFFICERS
FOR THE MONTHS SEPTEMBER AND OCTOBER:
ALEJANDRO MENDEZ, JOSE PEREZ AND
RICHARD GENTRY.
7.
CLASSIFY THREE SURPLUS FIRE AND RESCUE
R 91-783
10-11
PUMPER TRUCKS AS CATEGORY "B" SURPLUS
11/14/91
STOCK - SELL TO CUERPO NACIONAL DE
BOMBEROS OF SISTER CITY OF SANTO
DOMINGO, DOMINICAN REPUBLIC.
8.
(A) SUPPORT COCONUT GROVE PLAYHOUSE
R 91-784
12-17
ANTI-SU3STANCE ABUSE PLAY - ALLOCATE
DISCUSSION
$100,000 FROM LAW ENFORCEMENT TRUST
11/14/91
FUND - DIRECT ADMINISTRATION TO
IDENTIFY $200,000 FROM LAW ENFORCEMENT
TRUST FUND FOR SIMILAR PROGRAMS IN THE
BLACK AND HISPANIC COMMUNITIES.
(B) ESTABLISH WORKSHOPS FOR
DISTRIBUTION OF LAW ENFORCEMENT TRUST
FUND.
9.
SUPPORT CONCEPT OF THE DADE ALLIANCE
R 91-785
18-19
(COMPRISED OF CITY MANAGER, COUNTY
11/14/91
MANAGER, SUPERINTENDENT OF PUBLIC
CONSTRUCTION, PRESIDENT OF GREATER
MIAMI CHAMBER OF COMMERCE, AND HEAD OF
UNITED WAY) TO FURTHER THE PLANNING FOR
HEALTH AND HUMAN SERVICE NEEDS OF DADE
COUNTY.
10.
ALLOCATE $25,000 IN SUPPORT OF THE
R 91-786
19-21
MIAMI CONFERENCE ON THE CARIBBEAN,
11/14/91
SPONSORED BY CARIBBEAN LATIN AMERICAN
ACTION, INC.
11.
ALLOCATE $100,000 FOR RESTORATION OF
R 91-787
21-26
THE MILDRED AND CLAUDE PEPPER FOUNTAIN,
11/14/91
RECENTLY DAMAGED BY STORMS.
r.
12. EXPRESS MIAMI COMMISSION'S DESIRE THAT R 91-788
THE MIAMI GRAND PRIX EVENT SHALL REMAIN 11/14/91
IN THE CITY — DIRECT ADMINISTRATION TO
FIND SUITABLE LOCATION FOR PERMANENT
TRACK.
13. LOAN $50,000 TO THE HAITIAN FOUNDATION, R 91-789
TO BE REPAID TO THE CITY BEFORE END OF 11/14/91
CURRENT FISCAL YEAR.
14. DISCUSSION CONCERNING PROPOSED HEALTH DISCUSSION
CLINIC IN OVERTOWN AREA. 11/14/91
15. AUTHORIZE CITY MANAGER TO EXECUTE R 91-790
AGREEMENT WITH MCO ENVIRONMENTAL, INC., 11/14/91
FOR REMOVAL OF ASBESTOS FROM 801-815
N.W. 2 AVENUE, AS A MATTER OF
EMERGENCY.
16. RESCIND RESOLUTION 91-432 — AUTHORIZE R 91-791
CITY MANAGER TO EXECUTE CITY DEED, 11/14/91
EASEMENT AGREEMENT AND RESTORATION
AGREEMENT WITH FLORIDA DEPARTMENT OF
TRANSPORTATION (DOT), FOR DESIGNATED
CITY —OWNED PROPERTIES TO BE USED IN
CONNECTION WITH THE NEW BRICKELL AVENUE
BRIDGE.
17. ACCEPT CITY CLERK'S CERTIFICATION AND R 91-792
DECLARATION OF THE RESULTS OF THE 11/14/91
NONPARTISAN PRIMARY ELECTION (NOVEMBER
5, 1991) — FOR 2 COMMISSIONERS (GROUPS
II AND III) — ELECTED IN GROUP III WAS
J. L. PLUMMER, JR.
18. ACCEPT CITY CLERK'S CERTIFICATION AND R 91-793
DECLARATION OF THE RESULTS OF THE 11/14/91
GENERAL MUNICIPAL ELECTION (NOVEMBER
12, 1991) — FOR COMMISSIONER GROUP II —
ELECTED WAS VICTOR DE YURRE.
19. ACCEPT CITY CLERK'S CERTIFICATION AND R 91-794
DECLARATION OF THE RESULTS OF THE 11/14/91
SPECIAL MUNICIPAL ELECTION (NOVEMBER 5,
1991) — CHARTER AMENDMENT NO. 1,
PROPOSED ELIMINATION OF REQUIREMENT
THAT TITLES TO PROPOSED ORDINANCE BE
READ ALOUD UPON THEIR INITIAL
CONSIDERATION BY THE COMMISSION —
DISAPPROVED BY THE ELECTORATE.
26-27
rQ:0cTi
32-37
37-38
38-41
41-42
42-46
47-48
20.
ACCEPT CITY CLERK'S CERTIFICATION AND
R 91-795
48-49
DECLARATION OF THE RESULTS OF THE
11/14/91
SPECIAL MUNICIPAL ELECTION (NOVEMBER 5,
1991) - CHARTER AMENDMENT NO. 2,
PROPOSED CITY COMMISSION AUTHORITY TO
GRANT SUBPOENA POWER TO BOARDS AND
COMMITTEES - DISAPPROVED BY THE
ELECTORATE.
21.
APPOINT COMMISSIONER MIRIAM ALONSO AS
R 91-796
49-50
VICE MAYOR FOR ONE YEAR COMMENCING AT
11/14/91
12:00 NOON DECEMBER 1, 1991.
22.
REAPPOINT A. QUINN JONES, III, AS CITY
R 91-797
50-51
ATTORNEY.
R 91-797.1
11/14/91
23.
(A) REAPPOINT MATTY HIRAI AS CITY
R 91-798
52-61
CLERK.
R 91-799
(B) GRANT INCREASE IN SALARY AND
M 91-800
BENEFITS FOR WALTER FOEMAN, ASSISTANT
R 91-801
CITY CLERK.
11/14/91
(C) GRANT INCREASE IN SALARY AND
VACATION BENEFITS FOR MATTY HIRAI, CITY
CLERK.
24.
(A) GENERAL DISCUSSION CONCERNING
DISCUSSION
61-69
CONSENT AGENDA.
M 91-802
(B) DIRECT ADMINISTRATION TO COLLECT
11/14/91
MONIES OWED TO THE CITY BY
ORGANIZATIONS USING CITY FACILITIES
PRIOR TO ACTUAL EVENT.
(C) CONSENT AGENDA.
24.1
ACCEPT BIDS: (a) B.V. OIL COMPANY, (b)
R 91-803
69
CONSOLIDATED OIL COMPANY, (c) FLAMINGO
11/14/91
OIL COMPANY, (d) FLOVAL OIL
CORPORATION, (e) METAL LUBRICANTS, (f)
RANCO OIL COMPANY - FOR FURNISHING OILS
AND LUBRICANTS FOR (i) DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE, AND (ii) FIRE, RESCUE AND
INSPECTION SERVICES DEPARTMENT.
24.2
ACCEPT BID: LEADEX CORPORATION - FOR
R 91-804
70
FURNISHING AND INSTALLATION OF
11/14/91
PLAYGROUND EQUIPMENT AT LEGION PARK,
FOR DEPARTMENT OF PARKS AND RECREATION
(CIP 331312).
24.3 ACCEPT BID: LEWIS GREEN CONSTRUCTION, R 91--805
INC. ($92,000 TOTAL BID), FOR SCATTERED 11/14/91
SITE HOUSING HOME OWNERSHIP DEVELOPMENT
PROGRAM - WYNWOOD PHASE II - TWO THREE -
BEDROOMS, TWO BATHS SINGLE-FAMILY
RESIDENCES (B-3245) (PROJECT 321034).
24.4 AUTHORIZE CONTRIBUTION TO CRIME R 91-806
STOPPERS OF DADE COUNTY - ALLOCATE 11/14/91
$10,000 FROM LAW ENFORCEMENT TRUST
FUND.
24.5 AUTHORIZE MANAGER TO ENGAGE SERVICES OF R 91-807
FESTIVAL FLOATS, INC. - FOR 11/14/91
CONSTRUCTION OF AN ANTI -DRUG AND CRIME
PREVENTION PARADE FLOAT - ALLOCATE
$33,000 FROM LAW ENFORCEMENT TRUST FUND
(PROJECT 690001).
70
71
71
24.6 AUTHORIZE CITY MANAGER TO EXECUTE R 91-808 71-72
AMENDMENT TO EXISTING AGREEMENT WITH 11/14/91
THE YWCA OF GREATER MIAMI, INC.,
PROVIDING AN ADDITIONAL $25,000 TO
COMPLETE FINANCING FOR CONSTRUCTION OF
THE YWCA CULMER / OVERTOWN CHILD DAY
CARE CENTER (TO BE LOCATED AT 1009 N.W.
5 AVENUE) - ALLOCATE FUNDS FROM 15TH
CDBG.
24.7 AUTHORIZE CITY MANAGER TO EXECUTE R 91-809 72
AGREEMENT WITH INTERDISCIPLINARY 11/14/91
PROGRAM CONSULTANTS, INC., FOR SERVICES
OF A CERTIFIED BEHAVIOR ANALYST,
REQUIRED BY FLORIDA DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES -
FOR PROGRAMS FOR THE HANDICAPPED.
24.8 AUTHORIZE CITY MANAGER TO EXECUTE R 91-810 72-73
AMENDMENT NO. 2 TO LEASE AGREEMENT WITH 11/14/91
UNITED STATES OF AMERICA ACTING THROUGH
GENERAL SERVICES ADMINISTRATION - FOR
DEVELOPMENT OF THE MIAMI FEDERAL LAW
ENFORCEMENT BUILDING - CLARIFY TERM:
COMMENCEMENT DATE FOR PAYMENT OF ANNUAL
RENTAL TO BE JANUARY 1, 1992.
24.9 APPROVE, IN PRINCIPLE, A TRADE FAIR OF R 91-811 73
ITALIAN GOODS AND SERVICES AT THE 11/14/91
FLORIDA EAST COAST RAILWAY (FEC)
TRACT - AUTHORIZE ISSUANCE OF A
REVOCABLE PERMIT TO BE ISSUED TO
CONSORZIO ITALIA '94.
ram:
24.10 RATIFY CITY MANAGER'S AUTHORIZATION OF: R 91-812
WSHE (RADIO STATION) TWENTIETH 11/14/91
ANNIVERSARY CONCERT HELD IN
BICENTENNIAL PARK - RATIFY MODIFIED
USER FEES - EXECUTE AGREEMENT WITH
CELLAR DOOR CONCERTS, INC.
24.11 RATIFY CITY MANAGER'S AUTHORIZATION OF: R 91-813
1991 FRITO-LAY/CHEE-TOS FOOTBALL 11/14/91
CHALLENGE, A RECREATION PROGRAM FOR
LOCAL YOUTH - RATIFY EXECUTION OF
AGREEMENT WITH STRATEGIC SPORTS
SPECIALISTS, INC. FOR SPONSORSHIP OF
PROGRAM - ACCEPT DONATION FOR
DEPARTMENT OF PARKS AND RECREATION
PROGRAMS.
24.12 AUTHORIZE CITY MANAGER TO RETURN TO PAN R 91-814
AMERICAN WORLD AIRWAYS THE ARTIFACTS 11/14/91
WHICH HAD BEEN DONATED TO THE CITY FOR
A PROPOSED HISTORICAL AVIATION MUSEUM.
24.13 DESIGNATE AS CATEGORY "B" PROJECT THE R 91-815
ACQUISITION OF ENGINEERING SERVICES FOR 11/14/91
REMOVAL OF UNDERGROUND STORAGE TANKS,
CLEANUP AND MONITORING OF CITY -OWNED
UNDERGROUND STORAGE TANK SITES REQUIRED
BY U.S. ENVIRONMENTAL PROTECTION AGENCY
(EPA) - AUTHORIZE ADVERTISING
REQUIREMENTS AND APPOINT CERTIFICATION
COMMITTEE - APPOINT LUIS A. PRIETO-
PORTAR, DIRECTOR OF PUBLIC WORKS, AS
CHAIRMAN OF COMPETITIVE SELECTION
COMMITTEE.
24.14 ALLOCATE $18,000 FOR PAYMENT OF R 91-816
COMPENSATION TO SPECIAL COUNSEL FOR 11/14/91
CODE ENFORCEMENT BOARD.
24.15 AMEND RESOLUTION 91-417, RELATED TO THE R 91-817
1992 CARNAVAL MIAMI, BY CHANGING DATE 11/14/91
OF 8K RUN AND REFLECTING CHANGE OF
STREET CLOSURES.
24.16 GRANT REQUEST BY KING MANGO STRUT, R 91-818
INC., FOR CLOSURE OF DESIGNATED STREETS 11/14/91
CONCERNING THE TENTH ANNUAL KING MANGO
STRUT PARADE.
73
74
74
75
75
76
76
I f #
24.17 GRANT REQUEST BY COCONUT GROVE R 91-819
ASSOCIATION, INC., FOR CLOSURE OF 11/14/91
DESIGNATED STREETS CONCERNING THE 1992
COCONUT GROVE ARTS FESTIVAL - ESTABLISH
TEMPORARY PEDESTRIAN MALL AND AREA
PROHIBITED TO RETAIL PEDDLERS -
AUTHORIZE BEER AND WINE PERMIT.
24.18 GRANT REQUEST BY THREE KINGS PARADE, R 91-820
INC., FOR CLOSURE OF DESIGNATED STREETS 11/14/91
CONCERNING THE 21ST ANNUAL THREE KINGS
DAY PARADE - ESTABLISH AREA PROHIBITED
TO NON -FESTIVAL RETAIL PEDDLERS.
24.19 GRANT REQUEST BY TASTE OF THE GROVE R 91-821
COMMITTEE FOR CLOSURE OF DESIGNATED 11/14/91
STREETS CONCERNING THE NINTH ANNUAL
TASTE OF THE GROVE - AUTHORIZE BEER AND
WINE PERMIT - ESTABLISH AREA PROHIBITED
TO NON -FESTIVAL RETAIL PEDDLERS.
25. (A) ACCEPT BID: PROSEGUR, INC. - FOR
R 91-822
FURNISHING ARMORED CAR SERVICES TO
R 91-823
FINANCE DEPARTMENT.
R 91-824
(B) AUTHORIZE PURCHASE OF 150
R 91-825
ADDITIONAL DOME TOPS AND LINERS FOR
DISCUSSION
CONCRETE TRASH CONTAINERS - FROM
11/14/91
GRANART, INC. - FOR GENERAL SERVICE
ADMINISTRATION AND SOLID WASTE
DEPARTMENT (PROJECT 353007).
(C) ACCEPT BID: DICTAPHONE
CORPORATION - FOR FURNISHING SEVEN CALL
CHECK RECORDERS TO BE USED BY POLICE
DEPARTMENT E-911 CENTER - FOR
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID
WASTE/COMMUNICATIONS DIVISION.
(D) ACCEPT BID: HIGH TECH DIVING AND
SAFETY - FOR FURNISHING THREE HAZARDOUS
MATERIALS DIVE SUITS AND ACCESSORIES -
FOR POLICE DEPARTMENT.
(E) DISCUSSION CONCERNING LOCAL
VENDORS AND MINORITY CONTRACTS.
26. ACCEPT GRANT FROM U.S. DEPARTMENT OF R 91-826
INTERIOR, NATIONAL PARK SERVICE 11/14/91
($97,772.03) THROUGH FLORIDA DEPARTMENT
OF NATURAL RESOURCES UNDER THE LAND AND
WATER CONSERVATION FUND PROGRAM - FOR
IMPROVEMENTS TO LUMMUS PARK.
76-77
77
77-78
84-85
27. AUTHORIZE MANAGER TO EXECUTE R 91-827 86
PROFESSIONAL SERVICES AGREEMENT WITH A. 11/14/91
FOSTER HIGGINS AND COMPANY, INC. - FOR
EXPERT ACTUARIAL ASSISTANCE IN PENSION
MATTERS - ALLOCATE FUNDS FROM PENSION
ADMINISTRATION TRUST FUND.
28. APPROVE GRANT OF EASEMENT TO R 91-828 87-88
METROPOLITAN DADE COUNTY FOR ITS 11/14/91
CONSTRUCTION, INSTALLATION AND
MAINTENANCE OF A NEW 84 INCH DIAMETER
FORCE MAIN AND APPURTENANCES UNDER AND
THROUGH CITY PROPERTY ON THE
SOUTHWESTERLY SIDE OF N.W. NORTH RIVER
DRIVE AT N.W. 3 STREET.
29. DISCUSS AND DEFER FURTHER DISCUSSION DISCUSSION 88-94
CONCERNING THE DISPARITY STUDY OF THE 11/14/91
JANUARY 9TH MEETING.
30. APPOINT INDIVIDUAL TO SERVE AS A MEMBER R 91-829 94-95
OF THE MIAMI SPORTS AND EXHIBITION 11/14/91
AUTHORITY (Appointed was: Jose
Cancela).
31. EMERGENCY ORDINANCE: AMEND 10021, ORDINANCE 95-96
WHICH ESTABLISHED INITIAL RESOURCES AND 10933
APPROPRIATIONS FOR THE LAW ENFORCEMENT 11/14/91
TRUST FUND - PROVIDE FOR AN INCREASE OF
$186,500 AS A RESULT OF SUCCESSFUL
FORFEITURE ACTIONS.
32. EMERGENCY ORDINANCE: ESTABLISH NEW ORDINANCE 97-101
SPECIAL REVENUE FUND: DRUG FREE 10934
NEIGHBORHOOD TASK FORCE - AUTHORIZE 11/14/91
CITY MANAGER TO ACCEPT BUREAU OF
JUSTICE GRANT FROM METROPOLITAN DADE
COUNTY.
33. APPROVE EXPENDITURE OF FUNDS FROM R 91-830 101-103
SPECIAL REVENUE FUND: DRUG FREE 11/14/91
NEIGHBORHOOD TASK FORCE, IN COMPLIANCE
WITH BUREAU OF JUSTICE GRANT AGREEMENT.
34. FIRST READING ORDINANCE: GRANT TO ORDINANCE 103-104
PEOPLES GAS SYSTEM, INC. A GAS FIRST READING
FRANCHISE - EXECUTE AGREEMENT. 11/14/91
35.
AUTHORIZE CITY ATTORNEY TO INITIATE
R 91-831
104-3.05
LEGAL PROCEEDINGS AGAINST BILLY
11/14/91
HARDEMON (d/b/a HARDEMON'S MARKET) TO
RECOVER LOAN FUND (Model City Small
Business Development Pilot Loan
Program) .
36.
AMEND 91-512 - INCREASE ALLOCATION OF
R 91-832
105-106
17TH YEAR COMMUNITY DEVELOPMENT BLOCK
11/14/91
(CDBG) FUNDS TO PREVIOUSLY NAMED SOCIAL
SERVICE AGENCIES BY $143,338 (TO A
TOTAL OF $1,886,370).
37.
AUTHORIZE CITY MANAGER TO ACCEPT GRANTS
R 91-833
106-107
FROM SOUTH FLORIDA EMPLOYMENT AND
11/14/91
TRAINING CONSORTIUM (SFETC): (a)
$509,510 OF TITLE II -A JTPA FUNDS TO
OPERATE THE NEIGHBORHOODS JOBS PROGRAM,
AND (b) $121,335 OF TITLE III JTPA
FUNDS TO OPERATE A JOBS PROGRAM FOR
DISLOCATED WORKERS.
38.
FIRST READING ORDINANCE: ESTABLISH TWO
ORDINANCE
107-109
NEW SPECIAL REVENUE FUNDS: (a) JTPA
FIRST READING
TITLE II -A (PY -91) AND (b) JTPA TITLE
11/14/91
III (PY -91) - FROM SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM
(SFETC) .
39.
ACCEPT GRANT ($13,000) FROM SOUTH
R 91-834
109-
FLORIDA EMPLOYMENT AND TRAINING
11/14/91
CONSORTIUM (SFETC) TO OPERATE A STAY -
IN -SCHOOL PROGRAM UNDER JTPA TITLE II -
A.
40.
FIRST READING ORDINANCE: ESTABLISH NEW
ORDINANCE
110-111
SPECIAL REVENUE FUND: STAY IN SCHOOL
FIRST READING
PROGRAM (FY -91) JTPA TITLE II -A -
11/14/91
APPROPRIATE $13,000 FROM SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM
(SFETC) GRANT.
41.
APPROVE CHIEF PROCUREMENT OFFICER'S
R 91-835
111-112
REJECTION OF PROTEST FROM ANDY FRAIN
11/14/91
SERVICES CONCERNING RFP FOR USHERS,
TICKET TAKERS AND PEER GROUP SECURITY
SERVICES FOR THE ORANGE BOWL CLASSIC
GAME AND OTHER EVENTS AT ORANGE BOWL.
ml
42.
APPROVE CHIEF PROCUREMENT OFFICER'S
R 91-836 112-113
REJECTION OF PROTEST FROM POLYGEM, INC.
11/14/91
CONCERNING RFP FOR USHERS, TICKET
TAKERS AND PEER GROUP SECURITY SERVICES
FOR THE ORANGE BOWL CLASSIC GAME AND
OTHER EVENTS AT ORANGE BOWL.
43.
ACCEPT BID: EVENT SERVICES AMERICA,
R 91-837 113-114
INC. (d/b/a) CONTEMPORARY SERVICES
11/14/91
_
COMPANY - FOR FURNISHINGS USHERS,
TICKET TAKERS AND PEER GROUP SECURITY
SERVICES FOR THE ORANGE BOWL CLASSIC
GAME AND OTHER EVENTS AT ORANGE BOWL.
44.
AUTHORIZE CITY MANAGER TO EXECUTE
R 91-838 115
DOCUMENTS CONCERNING A RENTAL
11/14/91
REHABILITATION PROGRAM GRANT ($136,000)
FOR FISCAL YEAR 1991 FROM U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) - FOR PURPOSE OF
INCREASING SUPPLY OF STANDARD HOUSING
AFFORDABLE TO LOWER INCOME FAMILIES.
45.
RATIFY RESOLUTION 91-309, WHICH
R 91-839 116-117
APPROVED, IN PRINCIPLE, THE URBAN
11/14/91
j
LEAGUE OF GREATER MIAMI, INC. AS THE
PROJECT SPONSOR FOR DEVELOPMENT OF A
-{
21-UNIT AFFORDABLE RENTAL HOUSING
PROJECT ON CITY -OWNED PARCELS (N.W. 60
AND 61 STREETS BETWEEN 15 AND 17
AVENUES - IN MODEL CITY NEIGHBORHOOD) -
AUTHORIZE MANAGER TO CONVEY PARCELS -
DIRECT METROPOLITAN DADE COUNTY TO
CONVEY SAID PARCELS UNDER DADE COUNTY
1
OWNERSHIP - AUTHORIZE AGREEMENT WITH
THE URBAN LEAGUE.
46.
DISCUSS AND CONTINUE PROPOSED
DISCUSSION 117-118
RESOLUTION AUTHORIZING CITY MANAGER TO
11/14/91
SUBMIT AN APPLICATION TO US DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT
(HUD) - FOR A $2.4 MILLION LOAN UNDER
HUD SECTION 108 PROGRAM - TO REFINANCE
A PRIVATE DEBT EXTENDED TO MIAMI RIVER
INN PROJECT.
47.
APPROVE ISSUANCE OF $15,000,000 CITY OF
R 91-840 118-119
MIAMI, FLORIDA HEALTH FACILITIES
11/14/91
AUTHORITY HEALTH FACILITY REVENUE
BONDS, SERIES 1991 (MIAMI JEWISH HOME
_
PROJECT) - APPROVE MINUTES OF PUBLIC
HEARING HELD BY THE AUTHORITY.
48. AUTHORIZE CITY MANAGER TO EXECUTE
R 91-•841
AMENDMENT NO. 6 TO AGREEMENT WITH
11/14/91
DELOITTE AND TOUCHE, CERTIFIED PUBLIC
ACCOUNTANTS, IN ASSOCIATION WITH: (a)
SHARPTON, BRUNSON AND COMPANY, PA, (b)
VERDEJA, IRIONDO AND GRAVIER, AND (c)
WATSON AND COMPANY, PA - FOR EXTERNAL
AUDITING SERVICES RELATED TO THE
COMPREHENSIVE ANNUAL FINANCIAL REPORT
FOR FISCAL YEAR ENDING SEPTEMBER 30,
1991; PREPARATION OF ANNUAL COMPLIANCE
REPORTS FOR MIAMI CONVENTION CENTER AND
GOVERNMENT CENTER PARKING GARAGE
FINANCING, AND PREPARATION OF SEPARATE
AUDIT REPORT FOR SOUTHEAST OVERTOWN /
PARK WEST REDEVELOPMENT TRUST.
49. APPROVE CHIEF PROCUREMENT OFFICER'S
R 91-842
REJECTION OF PROTEST FROM GREATER MIAMI
11/14/91
CATERERS, INC. CONCERNING CONSTRUCTION
CATERING. INC'S RESPONSE TO BID #90-91-
148 FOR CHILD CARE FOOD PROGRAM
SERVICES.
50. APPROVE CHIEF PROCUREMENT OFFICER'S R 91-843
REJECTION OF PROTEST FROM GREATER MIAMI 11/14/91
CATERERS, INC. CONCERNING FLAVOR
MASTERS FOOD EMPORIUM'S CATERERS'
RESPONSE TO BID #90-91-148 FOR CHILD
CARE FOOD PROGRAM SERVICES.
51. APPROVE CHIEF PROCUREMENT OFFICER'S R 91-844
REJECTION OF PROTEST FROM GREATER MIAMI 11/14/91
CATERERS, INC. CONCERNING PIPING HOT
CATERERS' RESPONSE TO BID #90-91-148
FOR CHILD CARE FOOD PROGRAM SERVICES.
52. ACCEPT BID: CONSTRUCTION CATERING, R 91-845
INC. - FOR FURNISHING DAILY HOT MEALS 11/14/91
TO PARTICIPANTS IN THE CITY'S DAY CARE
AND PRE-SCHOOL PROGRAMS - FOR
DEPARTMENT OF PARKS AND RECREATION.
53. AUTHORIZE CITY MANAGER TO NEGOTIATE AND R 91-846
EXECUTE PROFESSIONAL SERVICES AGREEMENT 11/14/91
WITH DELOITTE AND TOUCHE - FOR
ACTUARIAL SERVICES FOR CITY'S SELF-
INSURANCE AND INSURANCE TRUST FUND -
ALLOCATE $18,000 - PROVIDE FOR RENEWAL
OF AGREEMENT.
119-121
121-122
122-123
123-124
124-125
125-133
2
n
54. (A) DISCUSS AND DEFER TO A FUTURE DISCUSSION
MEETING CONSIDERATION OF PROPOSED 11/14/91
RESOLUTION ACCEPTING BID OF D.E. GIDI
AND ASSOCIATES, CORP. FOR CLAUGHTON
ISLAND BRIDGE - DECK REPAIRS B-2942
(CIP 341175).
(B) DISCUSSION CONCERNING PROPOSED
ERECTION OF A TOLL BOOTH ON THE
CLAUGHTON ISLAND BRIDGE TO ASSIST WITH
COSTS OF BRIDGE MAINTENANCE.
55. APPROVE ENGAGEMENT OF TEW & GARCIA- R 91-847
PEDROSA AS COUNSEL BEFORE THE U.S. 11/14/91
DISTRICT COURT FOR PRE-TRIAL LITIGATION
SERVICES IN CONNECTION WITH THE MIAMI
MARINE EXPOSITION, INC. vs. CITY OF
MIAMI (CASE NO. 90-967-CIV-HIGHSMITH) -
INTERIM SERVICE FEE NOT TO EXCEED
$75,000.
56. BRIEFLY DISCUSS AND DEFER CONSIDERATION DISCUSSION
OF PROPOSED RESOLUTION APPOINTING 11/14/91
INDIVIDUALS TO SERVE ON WATERFRONT
ADVISORY BOARD.
57. APPOINT INDIVIDUALS TO SERVE AS MEMBERS R 91-848
OF THE PERFORMING ARTS CENTER TRUST 11/14/91
(Appointed were: Angela Bellamy, Henry
Courtney and Rosario Kennedy).
58. RATIFY CITY MANAGER'S EMERGENCY ACTION R 91-849
IN PURCHASING PHOTOGRAPHIC SUPPLIES 11/14/91
FROM PITMAN PHOTO SUPPLY - ALLOCATE
$32,000.
59. DISCUSSION CONCERNING DEPLOYMENT OF DISCUSSION
POLICE CARS TO POLICE OFFICERS AS TAKE- 11/14/91
HOME CARS.
60. APPROVE, IN PRINCIPLE, THE 1991-1997 R 91-850
CAPITAL IMPROVEMENT PROGRAM AS A GUIDE 11/14/91
TO CITY AGENCIES, BOARDS AND
DEPARTMENTS.
134-137
138-144
144
145-148
148-151
151-153
154
61.
(A) MAYOR SUAREZ INQUIRES OF THE
DISCUSSION
155
ADMINISTRATION IN CONNECTION WITH ITS
11/14/91
TIMETABLE FOR THE AFFORDABLE HOUSING
BOND ISSUE.
(B) BRIEF DISCUSSION CONCERNING THE
MAYOR'S DISPLEASURE IN RECOGNIZING THAT
THE FACADE IMPROVEMENT PROGRAM FOR
WYNWOOD IS PROCEEDING AT SUCH A SLOW
PACE.
62.
(A) FIRST READING ORDINANCE:
ORDINANCE
156-157
ESTABLISH APPROPRIATIONS FOR CITY OF
FIRST READING
MIAMI CAPITAL IMPROVEMENTS - REPEAL
DISCUSSION
PROVISIONS IN ORDINANCE 10782 WHICH
11/14/91
MIGHT CONFLICT.
(B) DISCUSSION CONCERNING MUCH -NEEDED
STREET IMPROVEMENTS IN DESIGNATED CITY
AREAS.
63.
RATIFY MANAGER'S FINDING THAT A VALID
R 91-851
158-159
PUBLIC EMERGENCY EXISTS CONCERNING
11/14/91
CONSTRUCTION OF SCATTERED SITE HOUSING
HOMEOWNERSHIP DEVELOPMENT PROGRAM -
MODEL CITY PHASE II (PROJECT 321034) -
RATIFY MANAGER'S ACCEPTANCE OF INFORMAL
BID OF APEX CONSTRUCTION ENTERPRISES,
INC. TO PROVIDE NECESSARY MATERIALS AND
CONSTRUCTION SERVICES TO COMPLETE THREE
HOMES - AMEND EXISTING CONTRACT WITH
ROBINSON CONSTRUCTION, INC.,
ACCORDINGLY.
64.
GRANT REQUEST BY METROPOLITAN SOUTH
M 91-852
159-161
FLORIDA FISHING TOURNAMENT TO USE FOUR
11/14/91
BOAT SLIPS IN CONNECTION WITH THEIR
EVENT.
65.
GRANT REQUEST BY CATHOLIC COMMUNITY
R 91-853
161-162
SERVICE, INC. FOR RENTAL FEE WAIVER FOR
11/14/91
USE OF OFFICE SPACE IN MANUEL ARTIME
COMMUNITY CENTER.
66.
GRANT REQUEST BY THE DR. MARTIN LUTHER
R 91-854
162-164
KING PARADE AND FESTIVITIES COMMITTEE,
11/14/91
INC. FOR CLOSURE OF DESIGNATED STREETS
CONCERNING ITS PARADE (See label 72 &
74) .
67.
GRANT REQUEST BY MIAMI LIGHT PROJECT,
M 91-855
165-166
INC. FOR RENTAL FEE WAIVER FOR USE OF
11/14/91
VIRRICK GYM AND THE CALEB CENTER FOR
THEIR EVENT.
G
68. DIRECT CITY ATTORNEY TO PREPARE AN
DISCUSSION
ORDINANCE GIVING CITY MANAGER AUTHORITY
11/14/91
TO USE HIS OWN DISCRETION CONCERNING
THE GRANTING OF USER FEE WAIVERS FOR
USE OF CITY FACILITIES.
69. DISCUSSION CONCERNING CITY'S FUNDING
DISCUSSION
AND LEGISLATIVE ISSUES PACKAGE FOR
11/14/91
CONSIDERATION BY THE 1992 FLORIDA
LEGISLATURE.
70. GRANT REQUEST FOR CLOSURE OF DESIGNATED
R 91-856
STREETS IN CONNECTION WITH THE NAVIDAD
11/14/91
MUSICAL EN LA PEQUENA HABANA EVENT.
(Schedule this issue for further
consideration at December 5th meeting.)
71. ENDORSE CODESIGNATION OF A PORTION OF M 91-857
25TH AVENUE IN HONOR OF REVEREND MARTIN 11/14/91
ANORGA (See label 82).
72. (Continued Discussion) GRANT REQUEST BY M 91-658
THE DR. MARTIN LUTHER KING PARADE AND 11/14/91
FESTIVITIES COMMITTEE, INC. FOR WAIVER
OF SANITATION FEE, SUBJECT TO POSTING
OF PERTINENT BOND TO GUARANTEE CLEANUP
(See labels 66 and 74).
73. BRIEF REPORT BY CITY ATTORNEY REGARDING DISCUSSION
PROPOSED NEW ADMINISTRATION BUILDING 11/14/91
AND THE COUNTY COMMISSION'S INTENT TO
DRAFT NEW DEEDS FOR THE LAND WITH
ANOTHER REVERTER CLAUSE.
74. CONTINUED DISCUSSION CONCERNING REQUEST DISCUSSION
BY THE DR. MARTIN LUTHER KING PARADE 11/14/91
AND FESTIVITIES COMMITTEE, INC. (See
labels 66 and 72).
75. FIRST READING ORDINANCE: AMEND 10544 ORDINANCE
(MCNP) FUTURE LAND USE MAP - CHANGE FIRST READING
LAND USE DESIGNATION AT 351 N.W. 5 11/14/91
STREET FROM HIGH DENSITY MULTI -FAMILY
RESIDENTIAL TO RESTRICTED COMMERCIAL
(Owner: Metropolitan Dade County;
Applicant: YWCA).
166-167
168-177
177-182
182-187
187-189
189-190
190-192
192-195
a
11
76.
FI.RST READING ORDINANCE: AMEND 11000
ORDINANCE 195-196
ATLAS - CHANGE DESIGNATION AT 351 N.W.
FIRST READING
5 STREET FROM R-4 MULTI -FAMILY HIGH
11/14/91
DENSITY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL (Owner: Metropolitan Dade
County; Applicant: YWCA).
77.
PERSONAL APPEARANCE BY STATE
DISCUSSION 197-198
REPRESENTATIVE LUIS MORSE, THANKING THE
11/14/91
COMMISSION FOR THEIR PRIOR VOTE IN
SUPPORT OF THE LITTLE HAVANA HEALTH
CLINIC - BRIEF DISCUSSION CONCERNING
STATUS OF THE HEALTH CLINIC IN
OVERTOWN.
78.
FIRST READING ORDINANCE: AMEND 10544
ORDINANCE 198-199
(MCNP) FUTURE LAND USE MAP - CHANGE
FIRST READING
LAND USE DESIGNATION AT 5918-5922 N.E.
11/14/91
2 AVENUE FROM MEDIUM DENSITY MULTI-
FAMILY RESIDENTIAL TO RESTRICTED
COMMERCIAL (Owner i Applicant: Yves
Vielot, Haitian Task Force).
79.
FIRST READING ORDINANCE: AMEND 11000
ORDINANCE 199-200
ATLAS - CHANGE DESIGNATION AT 5918-5922
FIRST READING
N.E. 2 AVENUE FROM R-3 MULTI -FAMILY
11/14/91
RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL (Owner i Applicant: Yves
Vielot, Haitian Task Force).
80.
DISCUSS AND CONTINUE CONSIDERATION OF
DISCUSSION 200-209
PROPOSED RESOLUTION TO CLOSE PORTION OF
11/14/91
N.W. 21 STREET LYING EAST OF EAST
RIGHT-OF-WAY LINE OF N.W. 11 AVENUE AND
WEST OF WEST RIGHT-OF-WAY LINE OF N.W.
12 AVENUE (Owner / Applicant: Jetro
Cash and Carry Enterprises of Florida,
Inc.) (Continued to December 5th).
81.
UPHOLD ZONING BOARD'S DENIAL OF
R 91-859 209-212
VARIANCE TO PERMIT EXISTING COVERED
11/14/91
TERRACE ADDITION TO SINGLE-FAMILY
RESIDENCE AT 1900 S.W. 32 AVENUE (Owner
/ Appellant: Pedro Hernandez). (Note:
This item was later reconsidered and
the appeal was granted, with
conditions - see label 84.)
E
82. (Continued) BRIEF STATEMENT BY
COMMISSIONER DAWKINS CONCERNING PRIOR
RECOMMENDATION FOR CODESIGNATION OF
PORTION OF 25 AVENUE IN HONOR OF
REVEREND MARTIN ANORGA - COMMISSIONER
DAWKINS OFFERS TO PAY FOR ONE HALF OF
TOTAL COSTS FROM HIS PERSONAL FUND (See
label 71).
83. DISCUSS AND CONTINUE CONSIDERATION OF
PROPOSED RESOLUTION AUTHORIZING
CONSTRUCTION OF THREE MAUSOLEUM
BUILDINGS AT 5301 W. FLAGLER STREET AS
A FINAL ATTEMPT TO REACH AGREEMENT
BETWEEN DEVELOPER AND RESIDENTS OF THE
AREA (Owner / Applicant: Flagler
Memorial Park) (Continued to January
23, 1992).
84. (A)(Continued Discussion) RECONSIDER
PREVIOUSLY PASSED RESOLUTION CONCERNING
AGENDA ITEM PZ-6 WHICH HAD UPHELD
ZONING BOARD'S DENIAL OF VARIANCE AT
1900 S.W. 22 AVENUE.
(B) GRANT APPEAL BY PEDRO HERNANDEZ -
REVERSE ZONING BOARD'S DENIAL OF
VARIANCE TO PERMIT COVERED TERRACE
ADDITION TO EXISTING SINGLE-FAMILY
RESIDENCE AT 1900 S.W. 32 AVENUE (See
label 81).
85. DISCUSS AND GRANT APPLICANT'S REQUEST
TO CONTINUE CONSIDERATION OF PROPOSED
RESOLUTION APPEALING ZONING BOARD'S
DECISION TO ALLOW A MODIFICATION TO A
SPECIAL EXCEPTION AT 2852 SHIPPING
AVENUE AND 3121-3125 MARY STREET,
PREVIOUSLY APPROVED BY RESOLUTION ZB-
74-90 (Owner / Applicant: Rafael A.
Sanchez, Sabal Properties) (Continued
to January 23, 1992).
DISCUSSION
11/14/91
M 91-860
M 91-861
11/14/91
M 91-862
R 91-863
11/14/91
DISCUSSION
11/14/91
212-213
213-235
235-242
243-245
El
n
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 14th day of November, 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 9:09 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
Quinn A. Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
------------------------- --------------------------------------- --------------
1. SWEARING IN CEREMONY:
(A) COMMISSIONER VICTOR DE YURRE, THE SUCCESSFUL CANDIDATE FOR
COMMISSIONER GROUP II, IS SWORN INTO OFFICE BY OSMUNDO MARTINEZ,
ESQ.
(B) COMMISSIONER J.L. PLUMMER, JR., THE SUCCESSFUL CANDIDATE FOR
COMMISSIONER GROUP III, IS SWORN INTO OFFICE BY DAWN PLUMMER.
------------------------------------------------------------------------------
Mayor Suarez: I do want to recognize the presence here of Judge Persons and
we have Senator Larry Plummer. I think he is related to J.L. Plummer. Behind
me, brand new but exciting Commissioner of Dade County Alex Penelas. We are
pleased to have all of you. Why don't we give a round of applause to our
elected officials.
(APPLAUSE)
Commissioner Dawkins: Tell Victor De Yurre he won, come on in.
Vice Mayor Plummer: He's recounting the votes.
Commissioner Dawkins: Yes, he has to recount them.
1 November 14, 1991
Mayor Suarez: The Chair also recognizes a good portion of the rest of Vice
Mayor Plummer's family, including the person who will be swearing him in, who
is Dawn Plummer, his daughter. Dawn Plummer was born - this is not an
exaggeration, folks, this is true - about the same time as J.L. Plummer began
his political career. (APPLAUSE) And it was not in the last century. It was
in this century. And she also was, for the first time ever - and I guess most
successfully, in view of the percentage that he obtained - his campaign
manager. So to a daughter campaign manager. (APPLAUSE) Commissioner Victor
De Yurre. (APPLAUSE) Ladies and gentlemen, a couple of years ago, the City
of Miami instituted for the first time during the State of the City address,
an award for employee of the year. At that time, I remember Commissioner De
Yurre asking me if I had any suggestions. He had just been elected. I said,
"How about a fellow who worked at the Bobby Maduro Stadium to help the
Nicaraguans and the homeless." He worked with such zest, vitality and love
for the people of Miami that Commissioner De Yurre not only recognized him
that year as the employee of the year, but also hired him to be on his staff.
Mr. Mark Coats is the person who will now give the invocation. He's going to
do it extemporaneously. Reverend Dunn was to have been with us, probably
expecting us to start a little bit later, maybe expecting it to be at noon, so
Mr. Mark Coats, if you would give an invocation. I know it is from your heart
and I know you have not had a chance to prepare it.
AN INVOCATION WAS DELIVERED BY MR. MARK COATS, AND VICE MAYOR PLUMMER
THEN LED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG.
Mayor Suarez: Madam City Clerk, is the appropriate next thing to do, to swear
in the newly elected Commissioners?
Mrs. Matty Hirai: Yes, sir.
Mayor Suarez: We have Groups II and III.
Mrs. Hirai: Yes, the votes have been canvassed, so the inaugural ceremony now
is in place.
Mayor Suarez: In Group II is Commissioner De Yurre.
Mrs. Hirai: Yes, sir.
Mayor Suarez: I would ask attorney and very good friend Osmundo Martinez to
come up and swear in the new Commissioner Victor De Yurre.
OSMUNDO MARTINEZ, ESQ., READ THE FOLLOWING OATH, COMMISSIONER VICTOR DE YURRE
REPEATED THE WORDS: "I, Victor De Yurre, do solemnly swear that I will
support, protect and defend the Constitution and laws of the United States of
America, and of the State of Florida and the Charter of the City of Miami, and
in all respects faithfully discharge the duties of Commissioner Group II of
the City of Miami, Dade County, Florida."
(APPLAUSE)
Mayor Suarez: Ladies and gentlemen, our City needs all the blessings it can
get and Reverend Richard Dunn is finally here. Reverend, if you would lead us
one more time in prayer. We waited, finally had someone stand in for you, but
nothing like a Reverend.
2 November 14, 1991
AN INVOCATION WAS DELIVERED BY REVEREND RICHARD DUNN.
Mayor Suarez: In Group III, this was a highly contested election. The margin
was not... the victor was not clear until the last moment, with approximately
80 percent of the vote, and no one voted twice, I am sure. We have Madam City
Clerk, the oath of office to be administered to Vice Mayor J.L. Plummer, once
again reelected and Dawn Plummer, his daughter - as I mentioned campaign
manager, who began her life at around the time he began his political life -
will swear him in.
(APPLAUSE)
DAWN PLUMMER READ THE FOLLOWING OATH, COMMISSIONER J.L. PLUMMER REPEATED THE
WORDS: "I, J.L. Plummer, Jr., do solemnly swear that I will support, protect
and defend the Constitution and laws of the United States of America, and the
State of Florida and the Charter of the City of Miami, and in all respects
faithfully discharge the duties of Commissioner Group III of the City of
Miami, Dade County, Florida, so help me God."
Mayor Suarez: Victor, do you want to go first? On the swearing in, I just
want to say that the nicest part was to hear Dawn, the new generation, say
"Miami," even as J.L. was saying "Miama." In any event...
Commissioner De Yurre: I just want to take this opportunity to thank the City
of Miami for giving me the chance to continue serving you for the next four
years. We worked hard over the last four years and the people have rewarded
me by saying that, "Yes, you did the job, and we want you to continue doing
it." My pledge is to do what is in the best interest in our City of Miami; to
do it with honor, dignity and with pride. I want to thank all the volunteers,
all the people that supported us, and to continue working together, that is
our motto, and that is the way it's got to be in this City. If I may say a
few words in Spanish. QUIERO DARLE LAS GRACIAS A TODOS LOS QUE ME APOYARON.
ESTA FUE UNA VICTORIA QUE REFLEJO NUESTRA LABOR DE CUATRO ANDS. LA FUNDACION
ESTABLECIDA A TRAVES DE NUESTRO TRABAJO, NUESTRA LABOR. Y ME SIENTO MUY
SATISFECHO DE QUE ME HAYAN HONRADO CON LA OPORTUNIDAD DE CONTINUAR
SIRVIENDOLOS EN LOS PROXIMOS CUATRO ANOS. LO HARE CON HONOR, CON DIGNIDAD, Y
CON ORGULLO. MUCHAS GRACIAS Y QUE DIOS LOS BENDIGA.
(APPLAUSE)
Mayor Suarez: Vice Mayor Plummer.
Vice Mayor Plummer: Mr. Mayor, the few words that I'll say in Spanish, I'll
say them first. PONCHE 17, SAN LAZARO, God blessing. Twenty-one years ago,
when I walked in those doors and was first chosen to sit on this City
Commission, I made one promise and it's the same promise I make today. That I
would act with the best of my ability and the best that I know how to serve
this City, which we all dearly love. That is the only promise I make today.
That's the only promise I made in campaign. I am very thankful to the 13,881
people that voted for me. I have to tell you that I want to congratulate my
two opponents, who were gentlemen throughout and came to my headquarters the
night of the victory to congratulate me, to show what gentlemen they were. I
also want to take this opportunity to introduce my family, my three girls.
3 November 14, 1991
n
You met Dawn. My youngest one is Joni Lorraine. All of you know Maria
Cristina, my brother, Larry, Senator Larry Plummer. It has been my pleasure
to go through these years. I look forward to the next four years. And Mr.
Mayor, in the next campaign, I'll try to do better. Thank you.
(APPLAUSE)
Mayor Suarez: You know he must be happy and he must be impressed with the
formality of the occasion because he wore his coat and tie right off the bat
and we won't talk about if it is a clip -on tie or not. That's a tradition
here. We have the parents of... let's see, I know your father is out there,
Victor, Mr. Victor De Yurre, Sr. Sir, would you stand up and be recognized.
We are happy to have you. (APPLAUSE) I know, of course, your wife, Betty De
Yurre, who I think was sort of a campaign manager and a nurse, and your two
children, Commissioner, and if you want to introduce your in-laws. Far be it
for me to try to introduce your in-laws. You better introduce your own in-
laws.
Commissioner De Yurre: I think my mom is right back there too.
Mayor Suarez: Where is Mrs. De Yurre?
(APPLAUSE)
Commissioner De Yurre: I also have my parents -in-law, Enrique and Emma, I
know they're around here somewhere. (APPLAUSE) That about covers it.
2. PRESENTATION OF KEY TO THE CITY: DENNIS MARTINEZ - FOR PITCHING A NO -
HIT -NO -RUN PERFECT GAME FOR THE MONTREAL EXPOS.
1. City Key to Dennis Martinez, for his outstanding feat as pitcher for
the Montreal Expos, where he achieved a perfect game of "No-Hit-No-
Run".
------------------------------------------------------------------------------
3. GRANT REQUEST BY THE BICENTENNIAL COMMITTEE FOR CLOSURE OF DESIGNATED
STREETS CONCERNING THE BICENTENNIAL BILL OF RIGHTS PARADE.
Mayor Suarez: Commissioner Dawkins, I think you wanted to take the issue of
Judge Persons out of turn.
Commissioner Dawkins: Mr. Mayor, I want to thank you. We have Judge Person
in the audience and he does have to go back to court. So, judge, will you
come down and tell us what you want and see what we can do for you, please?
Thank you, Mr. Mayor.
f
3
f
i
a
4 November 14, 1991
Hon. Judge Ralph N. Person: Good morning, Mr. Mayor, newly elected
Commissioners Victor De Yurre, Commissioner J.L. Plummer, Commissioner Miriam
Aionso, and to my friend, brother, and mentor, Commissioner Miller Dawkins,
thank you for the opportunity to appear before the Commission today. I appear
before the Commission today as the chairperson of the Bicentennial Celebration
of the Bill of Rights Committee which has been formed by the Chief Judge here
in Dade County. As you might know, the United States Congress in 1983
established the Commission on the Bicentennial of the United States
constitution and over the past three or four years we have been scheduling
various activities to focus on the public attention on the constitution, the
writing and signing of the constitution, the ratification of the constitution
by the States, and the legislative branches of the government, and the Bill of
Rights, its ratifications and amendment process. In pursuit of that, we as a
committee, have planned a parade locally...
Commissioner Dawkins: Judge, you're busy and we are busy. I'll like to read
the resolution of what they are asking. It says, "a resolution related to the
Bicentennial Bill of Rights Parade to be conducted on Friday December 6th,
authorizing the closure of designated streets to vehicular traffic subject to
the issuance of permits by the Department of Police, Fire, Rescue and
Inspection, services, conditions to all approval and authorization granted
herein upon the organizers paying for the necessary cost of City services
associated with said events and obtaining insurance to protect the City in the
amount prescribed by the City Manager or his designee," and I so move that
this be given to the City Manager so that they could work this out.
Vice Mayor Plummer: Second. Call the roll.
Mayor Suarez: Please, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-781
A RESOLUTION RELATED TO THE BICENTENNIAL BILL OF
RIGHTS PARADE TO BE CONDUCTED BY THE BICENTENNIAL
COMMITTEE ON FRIDAY, DECEMBER 6, 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; CONDITIONING ALL APPROVALS AND
AUTHORIZATIONS GRANTED HEREIN UPON THE ORGANIZERS
PAYING FOR THE NECESSARY COSTS OF CITY SERVICES
ASSOCIATED WITH SAID EVENT AND OBTAINING ISSUANCE 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 Vice Mayor Plummer, the resolution was passed and
adopted by the following vote:
3
5 November 14, 1991
C.
a
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.
Judge Person: Thank you, very kindly. Commissioner Dawkins, may I introduce
those persons who have come down with me? I have the Honorable Judge Henry
Oppenborn here with me this morning and Judy Soto who is our from the
County has been working very diligently with us to bring this about.
Mayor Suarez: Judge Oppenborn, we are honored to have you sir, and in my
particular case, I am honored to have supported you in your last campaign.
Don't forget that when the City is up before you - not myself individually.
Judge Oppenborn: I will never forget that.
Commissioner Dawkins: Judge.
Judge Person: Yes.
Commissioner Dawkins: Will you give this to the Manager and he will work out
the details with you, sir?
Mr. Persons: Thank you very kindly.
Commissioner Dawkins: Thank you for coming, sir.
Mayor Suarez: We're honored you, once again, both of you judges.
4. PROCLAMATION: CHIROPRACTIC WEEK
1. Proclamation to: Chiropractic Week, for their contribution to the well-
being and health of our community.
NOTE FOR THE RECORD: At this point, the Mayor
recognizes the presence of: (a) former City
Commissioner, Manolo Reboso, recently appointed Chief
of Protocol for the City of Miami, and (b) twice
former City Commissioner Athalie Range.
6 November 14, 1991
5. (A) AUTHORIZE CITY MANAGER TO PURCHASE A NEW FIRE RESCUE UNIT FROM CIP
FUNDS.
(B) PRESENTATION BY FIRE DEPARTMENT CONCERNING THE CITY LABOR-
MANAGEMENT PROGRAM: THE SPIRIT OF MIAMI, TO PURCHASE STATE-OF-THE-
ART RESCUE UNITS WITH CITY EMPLOYEE DONATIONS.
Mayor Suarez: Would you like to make a presentation on the Spirit of Miami?
Could you, one of you come up to the mike and tell us all about it so that we
can make that presentation as long as we have all the folks here. Who is the
appropriate person to do that? There you are. OK.
Mr. Tom McLean: This jumped out of the closet at me this morning. Good
morning, Mayor Suarez and City Commissioners. My name is Tom McLean, I am an
employee of the Fire Department, civilian employee. I have been a City
employee for twenty-three years. There are many employees out in the audience
this morning and we are representing many employees back in the work place all
over the City and their offices. We are here to advise you that the employees
labor management groups in the City of Miami will be planning to fund the
purchase of two rescue units as gifts to the residents of Miami. This is in
celebration of a new spirit of labor management cooperation, and appropriately
enough, we would like to name these units "The Spirit of Miami" as seen in the
rendering before you. If the employees would... I see you have the banner,
OK, hold up the banner for everyone to see. Back in March of this year...
Commissioner Dawkins: We see it. Turn it around so that they can see it.
Mr. McLean: See if they can coordinate that.
Commissioner Alonso: It's not going to be very easy. Ah, yes.
Unidentified Speaker: Firo drill.
Mr. McLean: We're pretty smart employees.
Commissioner Alonso: That's right.
Mr. McLean: Back in March of this year, many of us started on a journey with
management and with the unions representing us to find new and better ways to
run and manage the City in a more cost effective and efficient manner.
Although we primarily have been involved in our various labor management
committees in departmental problems and deficiencies, we wanted to stand
united as employees, management, labor, unions, to show our appreciation for
being included in the process of running the City and being responsible for
the City ourselves. We also wanted to show appreciation for the new spirit of
cooperation between employees, management, and the labor organizations. It
was out of this motivation and out of this spirit that our project came about.
We don't have a hundred percent participation by all employees yet, but we've
just started, and as the labor management committees of the City departments
filter the information on down to the employees, we hope to reach our goal.
Sandy.
7 November 14, 1991
Ms. Sandy Latey: Good morning. My name is Sandy Latey and I am also an
employee of the City of Miami. Basically, we want to let you know that since
we started this gift drive, we have collected over eleven thousand dollars in
pledges just from the City employees. And we are also... as we get the word
out to the other labor management groups, this dollar field continues to grow.
Before you... I'd like you... it's rather rough, but I wanted to introduce,
let each one of them introduce themselves, and what department did they
represent. Go ahead, I don't know which end to start.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Ms. Latey: As you can see, we are very well represented. There are eighteen
committees throughout the City. Now, I want to let you know one more item.
This drive is going to be going on until the end of December. We will be back
before this Commission in January to request to formally accept our gift on
behalf of the City and also for this Commission to authorize the expenditure
of the funds and to seek your assistance and fast -tracking the delivery of
this rescue vehicle to the citizens of Miami. Thank you.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner.
Commissioner Dawkins: I think that the laborers should be commended for their
efforts, but I also think that we must take a step further. These individuals
have demonstrated their faith in providing services to our citizens. I would
like for this Commission to move that we... to show them that we agree and
support them wholeheartedly to purchase a brand new state-of-the-art rescue
unit, fresh off the press, with all of the new and modern technology in it so
that because of our workers, we have the first new state-of-the-art rescue
unit in the State of Florida. I've discussed it with the Manager. There is
money in the CIP (Capital Improvement Projects) fund to purchase fire rescue
equipment, and I would so move that we purchase that one outright and when
they bring in their donations, then we will talk about purchasing the one that
they want to rehab, and we will have two units that they are be responsible
for, and I so move.
Vice Mayor Plummer: Second.
(APPLAUSE)
Mayor Suarez: So moved and second. Any discussion? If not, please call the
roll.
8 November 14, 1991
E_�
El
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 91-782
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
PURCHASE A BRAND NEW FIRE RESCUE UNIT EQUIPPED WITH
STATE-OF-THE-ART TECHNOLOGY; SAID ALLOCATION TO COME
FROM THE CAPITAL IMPROVEMENT PROGRAM FUNDS.
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.
NOTE FOR THE RECORD: At this point, the Mayor
recognizes the presence of Manolo Reboso, Chief of
Protocol for the City of Miami
---------------------------- ----------- ---------------------------------------
6. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS.
(A) CERTIFICATE OF APPRECIATION: GENE COKEROT, LT. DAN MEADOWS AND
DAVID ELLISOR - FOR THEIR CONTRIBUTION TO THE FIREFIGHTER
CHILDREN'S HORSE PARADE.
(B) PROCLAMATION: DESIGNATION OF NATIONAL FAMILY WEEK, HONORING
FAMILY COUNSELING SERVICE OF GREATER MIAMI.
(C) MOST OUTSTANDING POLICE OFFICERS FOR THE MONTHS SEPTEMBER AND
OCTOBER: ALEJANDRO MENDEZ, JOSE PEREZ AND RICHARD GENTRY.
1. Certificates of Appreciation to Gene Cokerot, Lt. Dan Meadow and David
Ellisor, for their contribution to the success of "The Firefighter
Children's Horse Parade."
2. Proclamation of November 24 - 30, 1991 as: National Family Week, for
their commitment towards the establishment and recognition of one of
society's pillars --the family.
9 November 14, 1991
3. Commendations to: Police Officers, Alejandro Mendez, Jose Perez and
Richard Gentry, for having been selected Most Outstanding Officers for
the months of September and October 1991.
THEREUPON THE CITY COMMISSION WENT INTO A BRIEF RECESS
AT 9:50 A.M. AND RECONVENED AT 10:18 A.M. WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
WITH THE EXCEPTION OF COMMISSIONERS DAWKINS AND DE
YURRE.
7. CLASSIFY THREE SURPLUS FIRE AND RESCUE PUMPER TRUCKS AS CATEGORY "B"
SURPLUS STOCK - SELL TO CUERPO NACIONAL DE BOMBEROS OF SISTER CITY OF
SANTO DOMINGO, DOMINICAN REPUBLIC.
------------------------------------------------------------------------------
Vice Mayor Plummer: Mr. Mayor, you want to take up...
Mayor Suarez: Yes. Vice Mayor Plummer has a section of the agenda that's
devoted to him...
Vice Mayor Plummer: Yes, because you're sitting next to the Manager.
Mayor Suarez: ... and we may as well go into that very quickly. No, they
are - as he call them "time dated items" I like that. Items that must be
taken up, they are emergency items, the nature of emergency items and Mr. Vice
Mayor, possibly the three of us can dispose of a couple of them, hopefully.
Vice Mayor Plummer: The only one that's controversial I will hold to the rest
of the Commission.
Mayor Suarez: Thank you.
Vice Mayor Plummer: Mr. Mayor, as you know that we sold two fire trucks to
Santo Domingo. They have negotiated with the department for three that are
for parts only, and I would at this time... "a resolution classifying three
surplus fire and rescue pumpers as category "B" surplus stock and selling the
same to Cuerpo National De Bomberos of the sister city of Santo Domingo for a
total cost of eighteen thousand dollars ($18,000)" 1 so move.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
10 November 14, 1991
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-783
A RESOLUTION CLASSIFYING THREE (3) SURPLUS FIRE AND
RESCUE PUMPER TRUCKS AS CATEGORY "B" SURPLUS STOCK AND
SELLING THE SAME TO THE CUERPO NACIONAL DE BOMBEROS OF
THE SISTER CITY OF SANTO DOMINGO, IN THE DOMINICAN
REPUBLIC, AFTER THE EXECUTION OF THE APPROPRIATE
RELEASE DOCUMENTS, AT THE NEGOTIATED TOTAL PRICE OF
$18,000; SAID EQUIPMENT TO BE USED BY THE CUERPO
NACIONAL DE BOMBEROS OF THE SISTER CITY OF SANTO
DOMINGO IN ITS FIREFIGHTING EFFORTS; AS PROVIDED IN
SECTION 18-51-.4 OF THE CITY CODE THE NEGOTIATED PRICE
IS EXCLUSIVE OF TRANSPORTATION AND SHIPPING COST.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Mayor Suarez: Describe the equipment very quickly, just so I know.
Vice Mayor Plummer: What was that, sir?
Mayor Suarez: What was the equipment, exactly, just so I know.
Vice Mayor Plummer: There were two fire trucks which were surplus we sold to
them for twenty-seven thousand. There are three over there which are for
parts only, they could not be restored fully, so we sold them the remaining
three.
11
November 14, 1991
8. (A) SUPPORT COCONUT GROVE PLAYHOUSE ANTI -SUBSTANCE ABUSE PLAY -
ALLOCATE $100,000 FROM LAW ENFORCEMENT TRUST FUND - DIRECT
ADMINISTRATION TO IDENTIFY $200,000 FROM LAW ENFORCEMENT TRUST
FUND FOR SIMILAR PROGRAMS IN THE BLACK AND HISPANIC COMMUNITIES.
(B) ESTABLISH WORKSHOPS FOR DISTRIBUTION OF LAW ENFORCEMENT TRUST
FUND.
Vice Mayor Plummer: Mr. Mayor, the next one is the authorizing for the
Coconut Grove Playhouse. As you know, last year they put on their production.
It comes from the money of the Law Enforcement Trust Fund. To put on that
same production again this year, "a resolution authorizing the funding of a
production of anti -substance abuse play in conjunction with the Coconut Grove
Playhouse at the cost of one hundred thousand, and allocated funds thereof
from the Law Enforcement Trust Fund upon such costs having been approved by
the chief of police," which he has done, and I so move.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Second. Before we vote on that - Madam City Clerk.
Ms. Matty Hirai: No, I was going to call the roll, Mr. Mayor, but I'll wait.
Mayor Suarez: OK. Before we vote on that, I wanted to ask Commissioner
Alonso and the Manager, have we made any progress in, or what should we do to
put into this one person committee, the whole issue of the Law Enforcement
Trust Fund, or maybe, two persons? I don't know if I had suggested that
also...
Vice Mayor Plummer: No, it was Miller.
Mr. Cesar Odio: Commissioner Dawkins.
Mayor Suarez: ... Commissioner Dawkins also be involved in that. Are we
going to have hearing, or we're going to have meetings, workshops with the two
Commissioners to see how we can systematize a little bit? My pledge is to
vote favorably to this, this year but I mean, folks, we've got to set
priorities on this fund.
Vice Mayor Plummer: Agreed.
Mayor Suarez: It's not free money. Like all money, it could be used for many
things.
Commissioner Alonso: Yes. And also, I feel that they should have come and
sat with me and explain, and take the opportunity...
Mayor Suarez: That hasn't happened yet?
12 November 14, 1991
Commissioner Alonso: It hasn't happened. I have tried. Then they called one
time. 1 called myself, personally, at least four times and I was not able to
get a person to tell me when can I meet with them. Personally, I called.
Mayor Suarez: Lieutenant, let me tell you...
Commissioner Alonso: Who is in charge, you will be the person?
Lt. Joseph Longueira: Yes.
NOTE FOR THE RECORD: Commissioners De Yurre and
Dawkins entered the meeting at 10:22 a.m.
Mayor Suarez: Yes. Do we know who it's going to be? - because I've sent many
memos, all of which have been transferred over to Commissioner Alonso and
copies to Commissioner Dawkins, hopefully, and still, we have, you know, sort
of a lot of "mumbo jumbo" back in response instead of yes, we want to involve
the Commission, yes, we want to do it in the following way. How are we going
to do it and when are we going to do it?
Lt. Longueira: Commissioner, I know we've called your office and Major
Warshaw, he will be representing the department, and I will probably be there
because I end up having to be here and deal with the Commission.
Commissioner Alonso: Can we meet Monday or Tuesday?
Lt. Longueira: I'll call him right now and try and set it up.
Commissioner Alonso: Could you check with my office and definitely...
Lt. Longueira: But I know he has talked to your aide and we've been kind of
waiting until the elections were over - everybody was kind of busy.
Commissioner Alonso: Well, I was fine before the elections. There was no
reason for us not to meet.
Mayor Suarez: Well, yes, and I've heard that. The administration has a minor
role in elections.
Lt. Longueira: Commissioner, it was not...
Mayor Suarez: Basically limited to what she does.
Lt. Longueira: That was not on our side, Commissioner.
Mayor Suarez: So the administration does not stop functioning in any way
folks because of elections.
Lt. Longueira: That was not on our side, Mayor, it was on the other side we
were asked to wait.
13 November 14, 1991
Commissioner Dawkins: Mr. Mayor.
Commissioner Alonso: Well, let me tell you something. I personally called
the department, I was trying to set up an appointment and it had no reason in
the world, because of elections, that we could not meet. I didn't see the
reason why not.
Lt. Longueira: Well then somebody in your staff must have been misinformed.
Commissioner Alonso: Why when I called personally I was not able to get the
appointment?
Lt. Longueira: We'll set it for Monday or Tuesday.
Commissioner Alonso: Thank you.
Mayor Suarez: OK, thank you, Lieutenant. Commissioner Dawkins.
Commissioner Dawkins: Officer, last year when you gave a hundred thousand
dollars ($100,000) to the Coconut Grove Playhouse, I said I wanted a hundred
thousand dollars ($100,000) spent with other groups... another group, that was
one year ago. As of today, that group has received not one penny, and yet,
this Commission is awarding another hundred thousand dollars, and we didn't
get anything to the other group. What the hell are you all doing?
Lt. Longueira: Commissioner, I'm not sure what group specifically you're
talking about.
Commissioner Dawkins: OK. Be sure the mike is on, madam, so that this would
go in the records. Last year when the hundred thousand dollars ($100,000) was
given to the Coconut Grove Playhouse, and they have done a tremendous job with
it, I said that I wanted a hundred thousand dollars spent with a Black theater
group in Liberty City to do the same thing. Is that a correct statement, sir?
Lt. Longueira: Yes, sir.
Commissioner Dawkins: All right. When you did not do that, I brought the
Optimist Club to this fund. The Optimist Club requested a hundred thousand
dollars to assist with keeping youth busy playing football and baseball so
that they would not get caught up in the drug culture and what have you, and
they didn't get a penny. Did they?
Lt. Longueira: Not that I know of, sir.
Commissioner Dawkins: All right, and they submitted proposals. Am I right?
Oh, no, I'll tell you, you don't know. They... all both submitted proposals
and nothing happened. Now, here we are back again today, OK? - and which I
have no problems with it, I already told you, because see, I've learned up
here one vote don't mean a damn thing, you need three. You need three votes
up here, that's all it takes. So now, here we go again, another hundred
thousand, so really and truly, you owe me two hundred thousand. You owe me a
hundred thousand from last year and you owe me a hundred thousand for this
year.
14 November 14, 1991
r
a
Lt. Longueira: Commissioner, the fund is not a bottomless pit.
Commissioner Dawkins: Beg pardon?
Lt. Longueira: The Law Enforcement Trust Fund is not a bottomless pit. It's
kind of like...
Commissioner Dawkins: It's not a what, now? - 1 mean, speak...
Lt. Longueira: Not a bottomless pit. There is only enough money...
Commissioner Dawkins: It's not about what? I can't...
Lt. Longueira: It's not a bottomless pit.
Commissioner Dawkins: But if you got a hundred thousand dollars...
Lt. Longueira: There is only so much money...
Commissioner Dawkins: Hold it, Joe. Joe, wait a minute, don't play on my
intelligence, please. Don't do this to me, Joe, don't do this. Wait a
minute, no, Mr. Manager, let me and him... no, see, me and him have to work
together every day, hold it. Joe, whether it's a bottomless pit or not, you
just reached into this pit for a hundred thousand dollars ($100,000) so it is
obvious that you're not at the bottom of this damn pit. OK, now? So if it's
not a bottomless pit, I understand that, but when I asked for a hundred
thousand dollars last year and you don't give it to me, because you are at the
bottom of the pit, but then you come back this year with another hundred
thousand and you tell me, it's not a bottomless pit. I don't understand what
you're telling me.
Lt. Longueira: OK. What I am telling you, if I could explain, the Police
Department, in their program, they have three priorities in certain orders.
Number one is police equipment which normally we can't buy through the general
fund, there is just not funds there. OK? Number two is police programs that
we sponsor and we promote to further drug and crime prevention programs and
those are the boxing program, the soccer program, the Coconut Grove Playhouse
which is... it wasn't a gift to the Playhouse, they were doing an anti -drug
play which went to sixty thousand children, OK? That was our play, it wasn't
their play. They didn't get the money and do what they wanted. They got the
money and do what we wanted them to do.
Mayor Suarez: Lieutenant.
Commissioner Dawkins: Hold it.
Mayor Suarez: It is almost inconceivable to us that the Optimist Club which
is...
Commissioner Dawkins: Thank you.
Commissioner Dawkins: ... everywhere, everywhere I turn, I see the Optimist
Club involved with our kids, keeping them away from crime and drugs - somehow
15 November 14, 1991
AiL
isn't able to fit within your definition and a worthy program of dramatic
import is able to be...
Lt. Longueira: Mr. Mayor, I'm not saying that they don't meet your
definition - they are in the third category.
Mayor Suarez: So therefore, what the Commissioner is saying, why don't you
set aside right off the bat, in your mind at least, we will actually vote on
it and convey to your chief, two hundred thousand dollars ($200,000) to make
sure that we don't touch those of the incoming monies, and I've submitted many
memoranda to you and the Commissioners now have copies of it, trying to track
down the flow of cash to this program. They tell me, well, this year we don't
have too much money. This year we have seized over six million dollars, so
it's a matter of how much of that will ultimately be ours to...
Lt. Longueira: Right. But that may not come to us for years.
Mayor Suarez: I know. None of it may come to us.
Lt. Longueira: Right.
Mayor Suarez: But you've given me percentages, typically, between thirty-five
and seventy-five percent, you've told me is what we get.
Lt. Longueira: Yes.
Mayor Suarez: So that's a lot of money.
Commissioner Alonso: That's a lot of money.
Mayor Suarez: So, set aside in your mind two hundred thousand dollars we will
make it a resolution of principle, pursuant to Commissioner Dawkins' request
and I think all of us agree for programs of the sort that we think are at
least as high a priority as Arnold's program, and not to say anything
detrimental about that, because otherwise, we just not going to approve
anymore of these. And then, we're going to have a stalemate between us and
you. You don't want that.
Commissioner Dawkins: Before I vote... before I close this off and vote on
it, put in the records also, again, I asked for money for a Latin Theater
group also worked in Little Havana. Remember, Mr. Mayor? We asked... not me,
I don't mean me, this Commission.
Mayor Suarez: Yes. In fact, that works out real well. We would like to see
a program of this sort involving, or of a different sort - just set aside two
hundred thousand dollars, we will figure out how to split it. I think we know
where we are headed on it.
Commissioner Dawkins: OK, that's all. No further discussion. Call the
question.
Mayor Suarez: OK. On the item before us, and do you want to attach the rider
of setting aside two hundred thousand dollars ($200,000) of future monies...
16 November 14, 1991
Commissioner Dawkins: If the mover of the motion would...
Vice Mayor Plummer: Amend it, fine.
Mayor Suarez: All right, thank you. And the second accepted, Commissioner?
Commissioner Alonso: Yes.
Mayor Suarez: Thank you. Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-784
A RESOLUTION APPROVING THE FUNDING OF A PRODUCTION OF
AN ANTI -SUBSTANCE ABUSE PLAY, IN CONJUNCTION WITH THE
COCONUT GROVE PLAYHOUSE, AT A COST OF $100,000; AND
ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT
TRUST FUND, UPON SUCH COSTS HAVING BEEN APPROVED BY
THE CHIEF OF POLICE; FURTHER APPROVING, IN PRINCIPLE,
THAT $200,000 FROM THE LAW ENFORCEMENT TRUST FUND BE
CONSIDERED BY THE CHIEF OF POLICE FOR FUNDING
ADDITIONAL SIMILAR ANTI -DRUG PROGRAMS IN THE FUTURE,
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
17 November 14, 1991
9. SUPPORT CONCEPT OF THE DADE ALLIANCE (COMPRISED OF CITY MANAGER, COUNTY
MANAGER, SUPERINTENDENT OF PUBLIC CONSTRUCTION, PRESIDENT OF GREATER
MIAMI CHAMBER OF COMMERCE, AND HEAD OF UNITED WAY) TO FURTHER THE
PLANNING FOR HEALTH AND HUMAN SERVICE NEEDS OF DADE COUNTY.
Mayor Suarez: The Chair is pleased to acknowledge our fine State Attorney,
despite the fact that she walked out of the hearings the other day before I
had a chance to speak... Ladies and gentlemen, I've never seen anybody that
goes to so many public functions, public hearings, sits in the back quietly,
doesn't ask to be recognized, but I think she is deserving of a round of
applause, Janet Reno. (APPLAUSE) Mr. Manager, you know what brings our State
Attorney? We accept any money, Ms. Reno, that you're ready to give to the...
Janet Reno, Esq.: No, I'm not asking for any money today. What I'm here for
at the request of the Manager. The Manager has been working with the County
Manager, with the head of the Public Health Trust, the superintendent of
Public Construction, the president of the Greater Miami Chamber of Commerce,
and the head of United Way, to try to fashion an alliance that can devote
itself to planning the health and human service needs of Dade County up front.
It's not asking that anybody make a commitment of dollars at this point. It's
asking that you make a commitment to plan together as to what's needed. And
the way it all came about is we kept seeing situations where, and not any
particular agency, a crisis existed which could have been avoided by proper
planning up front in terms of prevention. Basically, the group, the Manager,
Ms. Bellamy, the superintendent, Mr. Traurig, have met as a beginning. HRS
(Human Rehabilitation Services) is involved in it. And we are trying to
generate support for the concept of what has been called the "Dade Alliance"
to do just that. I think where it can be most effective, provided federal
funds continue to hold, I'm continually amazed at the lack of monies that I
don't think the State gets because it doesn't use what the City and County are
spending in certain areas that it could be used as a match. And if we plan,
if we see just what we are spending, if we maximize that as a match, I think
it may bring more monies back without any additional monies.
Mayor Suarez: Very good. Do you need any resolution or support or...?
Ms. Reno: The School Board and the County Commission and the United Way have
approved it. It's before the Public Health Trust today as well as I
understand.
Mayor Suarez: Very good. I'll entertain a motion on that.
Commissioner Alonso: So moved.
Mayor Suarez: So moved.
Vice Mayor Plummer: Second.
Mayor Suarez: Vice Mayor, seconds. Any discussion? If not, please call the
roll.
18 November 14, 1991
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-785
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
ITS SUPPORT OF THE CREATION OF THE DADE ALLIANCE WHICH
WILL STUDY AND PLAN HEALTH AND HUMAN SERVICE NEEDS
THROUGHOUT DADE COUNTY, SAID ALLIANCE TO INCLUDE AS
MEMBERS: THE COUNTY MANAGER, MIAMI CITY MANAGER,
SUPERINTENDENT OF PUBLIC CONSTRUCTION, THE
CHAIRPERSONS OF THE PUBLIC HEALTH TRUST, GREATER MIAMI
CHAMBER OF COMMERCE AND THE UNITED WAY AND THE
DISTRICT DIRECTOR OF HUMAN REHABILITATION SERVICES
(HRS), AND/OR THEIR DESIGNEES; FURTHER DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO
THE HEREIN NAMED OFFICIALS.
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: Thank you, Madam State Attorney.
10. ALLOCATE $25,000 IN SUPPORT OF THE MIAMI CONFERENCE ON THE CARIBBEAN,
SPONSORED BY CARIBBEAN LATIN AMERICAN ACTION, INC.
------------------------------------------------------------------------------
Vice Mayor Plummer: Mr. Mayor, if I could continue.
Mayor Suarez: Yes, Mr. Vice Mayor.
Vice Mayor Plummer: It's a line item budget that's been approved in the
budget - no, Janet, this is not for you.
Ms. Reno: Oh, good.
Mayor Suarez: She was waiting to see if there was any money going in their
direction.
19 November 14, 1991
Vice Mayor Plummer: As chairman of the International Trade Board I bring a
resolution in allocating an amount not to exceed twenty-five thousand in the
support of the Miami Conference of the Caribbean sponsored by the Caribbean
Latin American Action, Inc., to be held December 26, 1991 with funds there be
allocated from ITB Special Programs and Account, said allocation being subject
to such conditions and limitation as may be prescribed by the City of Miami
further authorizing the City Manager to execute the necessary documents in a
form acceptable to the City Attorney. I so move.
Mayor Suarez: So moved.
Commissioner Alonso: I have a question.
Commissioner Dawkins: Second.
Commissioner Alonso: It is part of the budget? Was it assigned funds?
Vice Mayor Plummer: Yes, ma'am, it was. It was part of the budget of
International Trade Board. The request had been for sixty thousand dollars
($60,000) it was reduced down to twenty-five.
Mayor Suarez: Moved and seconded. Any discussion? Is this the kind of
matter Mr. City Attorney that all public input must be taken or is the kind
that we have scheduled to be internal discussion of the Commission?
Mr. Quinn Jones: Under the new ordinance in effect now, no, it is not.
Commissioner Dawkins: Mr. Mayor, I also would like for the City Attorney to
do some research and come up and tell me why is it, an individual who does not
reside in the City of Miami, an individual whose tax roll shows that he is a
resident of Coral Gables, is allowed to come here, and in my opinion only,
disrupt the City Commission meetings by getting up, speaking on every issue,
prolonging the meeting and making the citizens of the City of Miami have to
sit here all day to listen to anything? And find out, Mr. City Attorney, by
what law, Florida Statute, or what have you, that Dade County does not allow
this gentleman to disrupt their meetings? Do that for me.
Mr. Manuel Gonzalez--Goenaga: Could I defend myself?
Mayor Suarez: Mr. Gonzalez-Goenaga, please have a seat, sir. You're out of
order. The City Attorney has interpreted the law. If any Commissioner wants
to recognize you, that will always be accepted by the chair as per the
tradition here and perhaps or perhaps not, Mason's rules of order, but in the
meantime, please have a seat, sir. Call the roll on the item.
k
i
20 November 14, 1991
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-786
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$25,000 IN SUPPORT OF THE MIAMI CONFERENCE ON THE
CARIBBEAN, SPONSORED BY THE CARIBBEAN LATIN AMERICAN
ACTION, INC., TO BE HELD DECEMBER 2-6, 1991, WITH
FUNDS THEREFOR BEING ALLOCATED FROM INTERNATIONAL
TRADE BOARDISPECIAL PROGRAMS AND ACCOUNTS FUNDS; SAID
ALLOCATION BEING SUBJECT TO SUCH CONDITIONS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI
AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NECESSARY DOCUMENTS, 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 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.
11. ALLOCATE $100,000 FOR RESTORATION OF THE MILDRED AND CLAUDE PEPPER
FOUNTAIN, RECENTLY DAMAGED BY STORMS.
------------------------------------------------------------------------------
Vice Mayor Plummer: Mr. Mayor, as you are aware, there was extensive damage
done to the fountain in the park by the recent heavy, heavy rain. It has been
assumed that because we are self insured, it would come out of the CIP
(Capital Improvement Projects) fund. We have to get...
Mayor Suarez: Capital Improvement Program fund. OK?
Vice Mayor Plummer: Yes, sir. We have to get it done, we have to get it
completed, if not, more serious damage would occur, and I will offer a
resolution allocating the amount not to exceed one hundred thousand for the
restoration of the Mildred and Claude Pepper Fountain which was damaged as a
result of the flooding caused by the recent severe rain storms in October,
with funds thereof being hereby allocated from the CIP. I so move.
21 November 14, 1991
Mayor Suarez: So moved. You didn't say a hundred thousand, did you?
Vice Mayor Plummer: Hundred, yes.
Commissioner Dawkins: Yes, he did.
Commissioner Alonso: Yes, he did.
Unidentified Speaker: Not to exceed.
Commissioner Alonso: Not to exceed.
Mayor Suarez: Why a hundred?
Vice Mayor Plummer: It's seventy-five for the actual damage and twenty-five
to fix so that the damage would not occur again. The big...
Mayor Suarez: What part of the Capital Improvement fund is that coming out
of? - the completion of south end of the park, or funds, or where? I mean,
there is no "magic" in the Capital Improvements program, we got to know where
it is coming from.
Commissioner Dawkins: Wherever it comes from, I am voting against it.
Commissioner Alonso: Me, too.
Mr. Odic: We have a balance of thirty-four thousand dollars ($34,000) on the
Pepper Fountain itself. You can take that, and then the balance has to come
from the south end of that park.
Vice Mayor Plummer: Wherever.
Mayor Suarez: Just long as we are not dipping into another one of the
earmarked Capital Improvement programs. Do we have a second on the motion?
Do we?
Vice Mayor Plummer: Well, let me just - I'm not trying to lobby anybody.
Mayor Suarez: Argue for a second, here.
Vice Mayor Plummer: No, Mr. Mayor, it's the idea, if the fountain is closed
down and is in fact, not operational, damage does occur from the lack of the
fountain being in operation. The pumps, the impellers, and all of that will
in fact be more damaged by it remaining unused than it is if it is used.
Mayor Suarez: To forestall a continued debate on this issue, it's painful...
Vice Mayor Plummer: It's very painful, sir.
Mayor Suarez: ... seeing Chin Martinez here reminds me of when his son,
former Mayor, Raul Martinez showed me the fountain they had there at the
entrance to Hialeah, which he told me cost seventy-five thousand dollars
($75,000) for the entire fountain.
22 November 14, 1991
Commissioner Alonso: And it's a beautiful fountain.
Mayor Suarez: And it's a beautiful fountain. A nice, normal, logical
fountain of the type that we are all used to, probably isn't great artistic
quality, but it imitates normal European -type fountains, and we instead, got
into a three million dollar, God knows what...
Vice Mayor Plummer: Fiasco.
Mayor Suarez: ... and it just goes to show what happens when you listen too
much to the editorial board of the Miami Herald that says, "find these world
renowned architects, bring them into your community, pay them all kinds of
money so that they can design your City for you," instead of going out to your
own people here and getting designs for things that make sense. You've got an
architect right there in the front row. We've got architects in our
community, we do design competitions - we get it for free half of the time, or
ten thousand dollars for an award. Instead, world renowned architect that
made a fountain that doesn't work.
Commissioner Dawkins: Mr. Mayor, I have...
Mayor Suarez: Anyhow, Commissioner Dawkins - I do second, so, if you want
to...
Commissioner Dawkins: I hate to come to J.L. Plummer's defense in this
although I am voting against it, but if you will check the records, you will
find that the only two Commissioners sitting here now that was here during
that time, voted against Noguchi's plan and Noguchi building that park. We
fought tooth and nail and we lost three to two to Mr. Ferre, Mr. Carollo, and
Mr. Demetrio Perez. So although I hate to defend him, he did fight just as
hard against it as he's fighting now trying to keep it to operate.
Vice Mayor Plummer: And look what happened to me, they turned me around and
put me on a committee and won't let me off.
Commissioner De Yurre: Mr. Mayor, how much money do we have from the
operation, the day to day operation?
Vice Mayor Plummer: Of?
Commissioner De Yurre: Of the fountain.
Vice Mayor Plummer: Of the fountain, we have $52,000.
Commissioner De Yurre: What is the cost, the annual cost, of running it?
Vice Mayor Plummer: Fifty two thousand.
Commissioner De Yurre: A year?
Vice Mayor Plummer: Yes. That's based on the two hours at lunch and two
hours in the evening. No, I'm sorry, that's the first six months. First six
months, I'm sorry, I stand corrected.
23 November 14, 1991
Mr. Odio: It's $110,000 a year.
Vice Mayor Plummer: Right.
Commissioner De Yurre: That's all that it costs to run the...
Vice Mayor Plummer: Based on the two hours at lunch and two hours, and then
some special events.
Mr. Odio: The total is $200,000.
Commissioner De Yurre: Total is two hundred. You know, we
may...
Mr. Odio: The total cost of operating is $200,000.
Commissioner De Yurre: We may...
Mr. Odio: The electricity is a hundred and ten.
Vice Mayor Plummer: All right, all right.
Commissioner De Yurre: Is that electricity for the four
hours? -that's the
added cost, the electricity?
Mr. Odio: For the whole year.
Commissioner De Yurre: So we're talking about $300,000.
Vice Mayor Plummer: No, two, including maintenance and all
of that.
Mr. Odio: Two hundred.
Commissioner De Yurre: Two hundred, of which? -one ten?
Mr. Odio: Is electricity.
Commissioner De Yurre: OK, so and that's for four hours.
Vice Mayor Plummer: Yes.
Commissioner De Yurre: We may have to cut back from two
hours to one and -a -
half hours and take the difference and apply it to this.
Mr. Ira Katz: The fountain has to run a minimum of four hours, Commissioner.
That's the minimum we have to operate it. Otherwise...
Commissioner De Yurre: Based on what?
Mr. Katz: Otherwise, the pumps won't work, and we'll have
other problems.
Vice Mayor Plummer: Victor, it's a "Catch-22."
Commissioner De Yurre: What is it? -like Metrorail?
24 November 14, 1991
t 0
Vice Mayor Plummer: Yes. I'd like to put it on Metrorail.
Commissioner De Yurre: Then why do we bring this up? I mean, like if we
can't do anything about it?
Vice Mayor Plummer: Well, we can pay the money and get it restored. The
problem that occurs here, rather than having outside insurance to cover the
damage, it was done in-house by City self -insured. And that's where the
problem occurs. The City has got to pay it, because they are the insurer.
Commissioner De Yurre: So then we're approving it as an insurance item, not
because we're going to take it out of the general fund to pay it. That is
because we're...
Vice Mayor Plummer: It's not proposed out of the general fund, it's out of
CIP, capital improvement. I moved it.
Commissioner Dawkins: The Mayor seconded it already, didn't he?
Mayor Suarez: It's been seconded. I seconded it.
Vice Mayor Plummer: Oh, OK.
Mayor Suarez: Go ahead...
Vice Mayor Plummer: Call the roll.
Commissioner Dawkins: No, you... hey, wait now, hold it.
Mayor Suarez: You can't do it.
Commissioner Dawkins: You can't make the motion, let the Mayor second it, and
you, the Vice Mayor, carry the motion.
Vice Mayor Plummer: He wasn't in his chair.
Commissioner Dawkins: Go ahead, let him...
Vice Mayor Plummer: I'll get out of that capacity pretty quick also.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-787
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$100,000 FOR THE RESTORATION OF THE MILDRED AND CLAUDE
PEPPER FOUNTAIN WHICH WAS DAMAGED AS A RESULT OF THE
FLOODING CAUSED BY RECENT SEVERE RAIN STORMS IN
OCTOBER, WITH FUNDS THEREFOR BEING HEREBY ALLOCATED
FROM CAPITAL IMPROVEMENT PROJECT FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
25 November 14, 1991
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso.
ABSENT: None.
12. EXPRESS MIAMI COMMISSION'S DESIRE THAT THE MIAMI GRAND PRIX EVENT SHALL
REMAIN IN THE CITY - DIRECT ADMINISTRATION TO FIND SUITABLE LOCATION FOR
PERMANENT TRACK.
------------------------------------------------------------------------------
Vice Mayor Plummer: Mr. Mayor, we all had the oppor...
Mayor Suarez: The section of the Vice Mayor's agenda is over - no?
Vice Mayor Plummer: No, I've got one more.
Mayor Suarez: Shoot.
Vice Mayor Plummer: Mr. Mayor, you're all aware that we had a very successful
weekend for the motorcycle race. It was well attended. One of the...
Mayor Suarez: We'll take the check. Is that... you're going to give us the
check now?
Vice Mayor Plummer: No, the check will be forthcoming in the mail. Mr.
Mayor, as many people on this Commission have many different ideas, and I
respect them all, one of the things that is up in the air i s , in fact, the
possibility of trying to create a permanent track. There is possibly monies
forthcoming, and I would like to offer to this Commission the following
resolution.
THEREUPON, VICE MAYOR PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD, BY TITLE ONLY.
What we're asking is, is that this expression of this Commission wanting the
Grand Prix to stay in the City, number one. Number two, we're asking the
Manager to explore any and all locations to come back to this Commission with
his findings as to location, with the full understanding that there would be
no cost to the City of Miami. I would so move at this time.
Commissioner Alonso: Second.
Mayor Suarez: Moved and seconded. Commissioner De Yurre.
26 November 14, 1991
Commissioner De Yurre: I think basically if we can find something like along
Bicentennial Park to keep the tradition of the race track.
Vice Mayor Plummer: I would love it.
Commissioner De Yurre: In that area. I think that would be a great use for
the park.
Vice Mayor Plummer: All right, sir.
Mayor Suarez: Call the roll on the item.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-788
A RESOLUTION EXPRESSING THE DESIRE OF THE CITY
COMMISSION THAT THE MIAMI GRAND PRIX SHALL REMAIN AN
EVENT HELD IN THE CITY OF MIAMI; DIRECTING THE CITY
MANAGER TO EXPLORE SUITABLE LOCATIONS IN THE CITY OF
MIAMI FOR THE CONSTRUCTION OF A FACILITY FOR THIS
EVENT AT NO COST TO THE CITY, AND TO REPORT HIS
FINDINGS TO THE CITY COMMISSION; FURTHER REQUIRING
THAT ANY AGREEMENTS DERIVED FROM SAID FINDINGS SHALL
BE SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY AND TO
COMPLIANCE WITH ALL APPLICABLE CITY CHARTER AND 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 Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins.
27 November 14, 1991
J 0
13. LOAN $50,000 TO THE HAITIAN FOUNDATION, TO BE REPAID TO THE CITY BEFORE
END OF CURRENT FISCAL YEAR.
Vice Mayor Plummer: I have one more, Mr. Mayor, and this is the one that
maybe will be controversial. Mr. Mayor, this Commission went on record
instructing the City Administration to try to find money for the Haitian
community. The Manager has come back, as we might have expected, that the
cupboard is bare. I don't know of a time that it's more important to the
Haitian community than it is at this time, with all of the things that we see
going on and all of the problems that have occurred. I think in the past it
could have been said and debated, rightfully so, whether the refugees were
political or whether they were economic. I don't think there's any question
today. That really doesn't have the bearing that we have asked the Manager to
come up with the $50,000 and he has said that he can't find it. The Haitian
Foundation which was to receive these monies, have people that have not been
paid for the last two weeks. If, in fact, these monies are not found -
whether here or elsewhere - that Foundation which is helping those people
reach their goals, will have to close. I don't know what is proper and I
don't want to beat my City Manager in the head, but I think it is only proper
that we go the nth of the mile to try and find help to bring about where this
operation can stay open. And I can assure you - and I don't think I have to
assure you - that, in fact, if these funds are not found, that this Foundation
will close and I think do a very disservice to this community. Now, Mr.
Manager, you know, I know you've been working on it, I know you've met with
Ringo. But I'm saying to you, how can we go the extra emergency mile - and I
think that's where it is?
Mr. Odio: Well, Commissioner, I tell you, we have a budget, you approve. We
have a line item budget that you approved. And I'm taking the position that
everything that is outside of that budget we just don't have that money. We
were trying to do with the Haitian community here in this case, was to try to
lend him the money and that we could get paid back after the CDBG process was
approved in June. Then we would take the money back. The federal government
says you cannot do that. It is illegal. So I don't have any other monies we
can give them now. I told him that if he can hang on until June, that in June
then... you could approve now that he would get the money in June when the new
process begins.
Vice Mayor Plummer: All right, Mr. Mayor - Mr. Manager - let me ask this
question. As much as I realize - and I appreciate your position and I want
you to maintain that position - can we loan them $50,000 out of the general
fund paid back in June?
Mr. Odio: You cannot do that. You cannot do that. That's the problem.
That's what we were going to do.
Vice Mayor Plummer: Out of the general fund?
Mr. Odio: Any fund. You cannot commit it that way. The federal government
will look at it...
28 November 14, 1991
C:
Vice Mayor Plummer: OK. I would ask that my colleagues...
Commissioner De Yurre: Are you saying...
Mr. Odio: I'm saying that you cannot...
Commissioner De Yurre: Let me see, are you saying that we cannot lend them
$50,000, period? -because the federal government does not allow it?
Mr. Odio: No, you can lend them fifty thousand.
Commissioner De Yurre: OK, so...
Mr. Odio: But it cannot be with a guaranteed paid back from CDBG funds.
Commissioner De Yurre: Well, OK, so we can still lend them the money without
that guarantee?
Mr. Odio: Yes, but that money has to be repaid, because at the end of the
year, we would be in the hole for $50,000, because we don't have that money.
Vice Mayor Plummer: All right, but in other words...
Mr. Odio: So you have to take it from your cash accounts...
Mayor Suarez; Suppose they have a total budget in excess of fifty. What is
your total budget?
Mr. Ringo Cayard: We need the other fifty because the way that it works...
Mayor Suarez: What is the total budget on a yearly basis?
Mr. Cayard: Three hundred.
Mayor Suarez: And suppose when it comes time to paying back, they don't take
it from the CDBG allocation, they take it from whatever other sources they
have. Would that be legal? Even though we're also contributing CDBG funding?
Mr. Odio: If they can...
Mayor Suarez: Can you use a musical chairs approach there like you do in so
many other things around here?
Mr. Odio: Well, honestly, I don't think he could pay it back from his budget.
Mayor Suarez: Oh, I see, the problem is that we're not sure he can pay it
back.
Mr. Cayard: But, you see, there is one problem. The money was found.
Vice Mayor Plummer: Wait, wait, wait.
Mayor Suarez: Wait, wait, wait, Ringo.
29 November 14, 1991
Vice Mayor Plummer: Wait, don't talk yourself out. All right? Mr. Mayor,
I'll make the motion at this time that we loan the Haitian Foundation $50,000.
Mayor Suarez: Presumably from general revenues, right?
Vice Mayor Plummer: Wherever the Manager can find the fifty thousand to loan
to them.
Mr. Odio: If you ask me to find the money, I won't find it, Commissioner.
I'm saying this upfront.
Vice Mayor Plummer: Well, Mr. Manager, what we're saying to you is, is to
find it, because you're going to have to find it. To make it available,
whether it's from whatever account that you see fit, let's say until...
Commissioner De Yurre: Payable before the end of the year.
Vice Mayor Plummer: That's fine.
Mr. Odio: If that's the condition...
Vice Mayor Plummer: Yes.
Mr. Odio: ...that it has to be repaid...
Mayor Suarez: Before the end of the fiscal year.
Commissioner De Yurre: Payable before the end of this fiscal year, we get it
back. Right?
Vice Mayor Plummer: We'll take it from there.
Mr. Odio: Right.
Commissioner De Yurre: Right.
Mr. Cayard: OK, we have some employees who were not paid. Today is the 16th.
How soon could we get it?
Mayor Suarez: Yes, it's been suggested by now two Commissioners that it's not
a real good idea for you to get too involved in this discussion, Ringo. Just
make sure that when this agreement is drafted... I don't know if it will be
represented by a note that, in fact, you satisfy all of our requirements and
we sure to be paid within this fiscal year. Otherwise, a lot of us are going
to be asking questions as we try to balance the budget at the end of the year.
Vice Mayor Plummer: Mr. Mayor, may I suggest...
Mayor Suarez: This is a liability of the City. Yes.
Vice Mayor Plummer: May I suggest that Commissioner De Yurre's terminology be
used, the end of the year, not the fiscal year. And I say that...
i
30 November 14, 1991
Mayor Suarez: It should be... if we're going to take it from general
revenues, it's going to have to be in the fiscal year. No, the social
services CDBG money will be available July 31st.
Commissioner De Yurre: J.L., just no later than.
Vice Mayor Plummer: Hey, that's fine. It gets them over the hump.
Mayor Suarez: Yes. Better do it the end of the fiscal year, because we don't
want to create ourselves an end -of -the -year...
Commissioner Alonso: I believe he was trying to say also that he needs some
money right away.
Vice Mayor Plummer: Well, hopefully, the...
Commissioner Alonso: Because of the employees haven't been paid.
Vice Mayor Plummer: Draw a check tomorrow.
Commissioner Alonso: He needs the money right away.
Vice Mayor Plummer: Frank's got plenty of money.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Vice Mayor Plummer: OK. And then they get the money tomorrow. OK, I so
move, Mr. Mayor.
Mayor Suarez: Moved and seconded. Any further discussion? If not, please
call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-789
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A LOAN AGREEMENT, IN A FORM ACCEPTABLE TO CITY
ATTORNEY, WITH THE HAITIAN AMERICAN FOUNDATION, INC.,
IN AN AMOUNT NOT TO EXCEED $50,000 PAYABLE ON OR
BEFORE SEPTEMBER 30, 1992, TO OPERATE A CULTURAL
UNDERSTANDING PROGRAM TO THE HAITIAN COMMUNITY;
ALLOCATING FUNDS FOR SAID LOAN THEREFOR FROM THE
SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND.
(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:
31 November 14, 1991
0
Li
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. Cayard: Thank you.
------------------------------------------------------------------------------
14. DISCUSSION CONCERNING PROPOSED HEALTH CLINIC IN OVERTOWN AREA.
Mayor Suarez: Item... Has item 1 been taken care of in effect? -disposed of?
Mr. Odio: Yes.
Commissioner Dawkins: No, I got some pocket items.
Mayor Suarez: Commissioner Dawkins, emergency.
Commissioner Dawkins: Me and the Mayor got a pocket item. I don't know why
they're trying to make me and the Mayor fight, but I asked that this item be
put on the agenda, this thing. And they say the Mayor said not to, and I know
that was a lie so we aren't going to even worry about that.
Mr. Odio: What item is that?
Commissioner Dawkins: It's the clinic in Overtown. That's the item.
Mayor Suarez: They said that I didn't want this to be on the agenda?
Commissioner Dawkins: Yes, uh huh.
Mr. Odio: Nobody told us not to put it on the agenda.
Commissioner Dawkins: OK, I know... well, see, they just trying to create
disturbances between me and you. Ain't no problem. OK..
Mayor Suarez: This was because the other item was discussed, and Commissioner
Dawkins had been interested in seeing the equivalent progress be made.
Commissioner Alonso: And it was a request of the Commissioner.
Unidentified Speaker: All right...
Mr. Odio: Let me, for the record, the reason it was not placed on the agenda
is that I have orders from you not to place but so many item numbers...
32 November 14, 1991
Mayor Suarez: Oh, to exceed the 60...
Commissioner Dawkins: What now?
Mayor Suarez: The 60 item limit.
Commissioner Dawkins: Say what now?
Mr. Odio: You have instructed me that we are not to exceed a number of items.
When this item came in, we had a hundred....
Commissioner Dawkins: No, no, no. A Commissioner...
Mr. Odio: Right.
Commissioner Dawkins: ...at this Commission level instructed you to bring
this back at the next Commission and show me the same thing you showed me
before.
Mr. Odio: See, well then...
Commissioner Dawkins: Now that was an order from this Commission. And nobody
on this Commission said no.
Mayor Suarez: Right.
Mr. Odio: That's correct. Nobody said no.
Commissioner Dawkins: So, therefore, that one should have been in the
sixteen.
Mr. Odio: OK, so that's...
Commissioner Dawkins: I don't have any problem with you not having more than
sixteen.
Mr. Odio: It is my fault then if it didn't get in. But nobody told us not to
put it in.
Mayor Suarez: OK, let me clarify on that, because I think Commissioner brings
up a good point. And maybe Aurelio should be aware of this. If a matter is,
by this Commission, prescribed to be heard at the next Commission meeting...
Commissioner Dawkins: It has to be one...
Mayor Suarez: At least... yes, if you can't fit it into the 60, discuss it
with me and we'll figure out a way around it. You know, don't leave it out.
Because we're violating a higher rule than the one that we're going to try to
stick to 60 items. And the higher rule is this Commission wants to hear this
item at the next Commission meeting. So let's clarify that.
Mr. Sebastian Almazan: Good morning, my name is Sebastian Almazan. I'm the
County architect with Metro -Dade, and I'm here representing Metro -Dade County
and the clinic at the health center at Overtown which was asked of you to come
33 November 14, 1991
just to make a presentation to you. We're not seeking anything other than
answering your questions. We have with us the architect of the clinic, Mr.
Ronald Frazier, who has set up a demonstration for the Commissioners on that
TV set, the CAT computer. I'll be glad to turn it over to him, and let him
take it from here.
Commissioner Dawkins: OK, how long will this... Mr. Frazier, how long will
this take? -because I'm imposing on everybody with a pocket item.
Mr. Ronald Frazier: Three minutes.
Commissioner Dawkins: Three minutes? All right, sir.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Dawkins: Take the hand mike, Mr. Frazier, please.
Mr. Frazier: The red represents the health clinic building which will be
orientated to N.W. loth Street with parking to the western side. The building
is basically 27,000 square feet at a cost of 2.3 million dollars. It will
include a dental suite, radiology, two family health units, triage, a lab, a
pharmacy, patient records, administration, public health information, WIC
(Women, Infants and Children), and immunization. This is the main entrance.
We go into a lobby and the departments are off a main corridor. This is the
exterior elevations for the building, and basically what we've done is put a
berm in front of the building so that it would keep people off the front. It
has windows, but the windows is glass block that allows light to come in, more
or less. But it controls the amount of vandalism with sloped roofs. And this
is the basic sections. I'm going through these very quickly because what
we're going to do is walk you through this building and in this computer, and
you can see it from the air, come down on the ground, go inside the lobby and
walk around. But this gives you an idea what we're talking about of the berm
situation, so it controls the amount of vandalism because the person is
roughly around 10 feet away from the building so they can't get to it, more or
less. But it allows the natural light and air to come through. It has the
required vegetation and landscaping around it. The key to the building is a
sky light that's going to be over the main lobby in this particular area. So
in the interest of time... we'll turn on a computer and what we're going to do
is start up in the air and you will come around, look at the front of this
building, all the way around the backside, come back down underground/on the
ground???, walk into the front door of the lobby, go down this corridor, turn
around, come back out. So it gives you a 3-D view of it.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Dawkins: Lousy hardware. Lousy hardware.
Mr. Frazier: ...we're getting ready to turn and go down to the corridor and
you can see the skylights up above. We're now going to turn and go... this
shows the area we're getting ready to walk down now which is near the nurse's
station and come back out through the main lobby. This allows the clients who
can't visualize 3-D to go through the building. This is the nurse's station.
You're coming back around now, and going back out the main lobby. This is the
glass brick that you're going through.
34 November 14, 1991
4r 0
Mayor Suarez: We have a hard time with one dimension, let alone three, so
it's very helpful.
Mr. Frazier: And then it stops into the main lobby area there. And again
comes back to the outside, allows you to see how the front, with an entrance,
and it ends with the lobby shot here. It has a skylight up above it, the main
entrance area. So that gives you what it looks like. And like I said before,
the Overtown Clinic is 27,000 square feet, costs 2.3 million dollars, in
comparison with Little Havana. Little Havana is 22,488 square feet at a cost
of 2.3 million dollars as well. Both projects are on the same schedule,
working drawings to be completed at the end of December of this year. They
will be put out to bid in January, construction will start late February,
March. They both have a 13-month construction schedule.
Commissioner Dawkins: OK, let me ask the gentleman...
Mr. Frazier: We had the same identical design program in terms of contents.
Commissioner Dawkins: All right, let me ask the gentleman behind you. What's
the difference, why is it more square footage in this clinic than the Little
Havana Clinic?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Dawkins: Put that on, please. No, he's got it, Ron.
Mayor Suarez: That's because the architect went wild, that's why.
Mr. Almazan: Commissioner Dawkins, I don't have the specific answer for that.
I think there's two different architects working on the same program. The
situation inside the clinic and the services are identical. I don't know the
reason for the difference.
Mayor Suarez: If there is, I mean...
Mr. Almazan: OK, that's a good point.
Vice Mayor Plummer: What?
Mr. Almazan: My friend is reminding us of what we know already. We were here
with Little Havana for a variance already because of the side constraints.
The site at Overtown is adequate, it's more than adequate for all the parking
and everything. In Little Havana, we are working with a very little site.
Commissioner Dawkins: OK, so you cut back on the square footage because you
had to in order to meet the zoning regulations.
Mr. Almazan: Yes, sir.
Commissioner Dawkins: Well, say that, that's all, there ain't no problem.
Mr. Almazan: Yes, sir.
35
November 14, 1991
Commissioner Dawkins: See, I just...
- Mr. Frazier: Compact site. And they had to compact theirs in order to get it
on their site. Ours was not as compact.
Commissioner Dawkins: But I just don't need people coming and say, you had
2.3 million dollars and Liberty City got 2X square feet and with the same 2.3
million dollars, I don't have but 1X in Little Havana. I don't need that.
But you need to be able to explain it. OK?
a
Mr. Almazan: Also, the cost of Little Havana is higher because of the
underground parking, because of that small site.
Commissioner Dawkins: But, see, all of these things need to be put out so
that we don't be bombarded with them up here.
Mr. Almazan: Certainly.
Commissioner Dawkins: OK, now, what is the... thank you, Mr. Frazier. What
is the construction schedule?
Mr. Almazan: Thirteen months starting March...
Commissioner Dawkins: And we will get the completed bid for both clinics
when?
Mr. Almazan: The bid award is, hopefully, early March, 1992. So...
Commissioner Dawkins: Oh, we do not see the bid before you put it out.
You're going to just go ahead and put it out.
Mr. Almazan: I don't think there's any requirement to come back, except we
have to come back to the City of Miami for the final building permit. So you
will... I mean, the Commission...
Commissioner Dawkins: Well, I think you need to get back and show us....
Mayor Suarez: Why don't you? -yes.
Commissioner Dawkins: ...go out and bid on so we know.
Mayor Suarez: And particularly...
Commissioner Dawkins: Because some of us may have some...
Mayor Suarez: Right, exactly. And the Commissioner Dawkins has a particular
interest in it, and any one of the rest of the Commissioners request it,
please make it available. We want to be your partners in this because we
already are.
Mr. Almazan: We are partners. Any time that you wish us to come back...
Mayor Suarez: We are pretty detailed in the way we get involved in things
over here. Sometimes that may or may not be the case in County Commission.
36 November 14, 1991
n
Commissioner Dawkins: Thank you, Mr. Mayor.
Mayor Suarez: Very good, thank you everyone.
Mr. Almazan: OK. Thank you.
15. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH MCO ENVIRONMENTAL,
INC., FOR REMOVAL OF ASBESTOS FROM 801-815 N.W. 2 AVENUE, AS A MATTER OF
EMERGENCY.
Commissioner Dawkins: I have two more...
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: The Manager has to have some asbestos
removed so I'd
like to recommend that we follow his recommendations to hire... what firm do
you want, Mr. Williams?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Dawkins: Mr. Williams, what's the firm you want
to remove this
asbestos since this is an emergency?
Mr. Odio: What's the name of the...?
Mr. Ron Williams: MCO.
Commissioner Dawkins: I move that we instruct the Manager to
go with MCO to
remove the asbestos in the Overtown area.
Mayor Suarez: What facility? -just out of...
Vice Mayor Plummer: Second.
Mr. Odio: That property we bought in eight...
Commissioner Dawkins: Eight oh one and 815 N.W. 2nd Avenue.
Mr. Odio: Where that gas station used to be.
Mayor Suarez: It's part of the Overtown/Park West project?
Commissioner Dawkins: Yes, yes.
Mr. Odio: Yes, it is.
Mayor Suarez: All right. So moved.
Vice Mayor Plummer: Second.
37 November 14, 1991
AWL
Mayor Suarez: Seconded. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-790
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MCO
ENVIRONMENTAL, INC., IN THE AMOUNT OF $9,520.00 FOR
THE REMOVAL OF THE ASBESTOS FROM CITY OWNED PROPERTY
LOCATED AT 801 AND 815-817 NORTHWEST 2ND AVENUE; AND
AUTHORIZING PAYMENT FROM FUNDS THEREFOR ALLOCATED IN
CAPITAL IMPROVEMENT PROJECT NO. 322057, ACCOUNT CODE
NO. 599101-810.
(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.
16. RESCIND RESOLUTION 91-432 - AUTHORIZE CITY MANAGER TO EXECUTE CITY DEED,
EASEMENT AGREEMENT AND RESTORATION AGREEMENT WITH FLORIDA DEPARTMENT OF
TRANSPORTATION (DOT), FOR DESIGNATED CITY -OWNED PROPERTIES TO BE USED IN
CONNECTION WITH THE NEW BRICKELL AVENUE BRIDGE.
Commissioner Dawkins: Now, I got another one.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I don't know, Mr...
Vice Mayor Plummer: Boy, that Dawkins is taking up all day.
Mayor Suarez: This is the section of the agenda devoted to Commissioner
Dawkins.
38 November 14, 1991
e]
N
Vice Mayor Plummer: Hey, we were the ones that just got elected. You're not
supposed to be taking up the whole...
Commissioner Dawkins: Yes, that's right, there are.
Vice Mayor Plummer: Right, right.
Commissioner Dawkins: Proposed resolution rescinding resolution number 91-
432, whatever that is, I so move.
Mayor Suarez: So moved. Mr. Manager, can we just put on the record...
Commissioner Dawkins: "...which authorize the sale of property adjacent to
the James L. Knight Center to the Florida Department of Transportation for
reconstruction of the Brickell Avenue bridge." We've been kicking this
around, where the State of Florida needs this parcel of land alongside of the
bridge in order to expand the roadway or the bridge.
Vice Mayor Plummer: How much are they going to pay us?
Commissioner Dawkins: Nothing.
Vice Mayor Plummer: What?
Commissioner Dawkins: They're going to give you $4,500 for legal expense.
Mr. Odio: No, it's... no... And there's also a $138,000...
Joel Maxwell, Esq.: Yes, sir, they...
Mayor Suarez: Mr. Maxwell, we've gotten now two different answers. One of
which is zero, and the other one is a hundred and some thousand dollars.
Vice Mayor Plummer: I like the latter one.
Mr. Maxwell: Mr. Mayor, they are paying $138,000...
Mayor Suarez: Now, this is not the way to run the shop, folks.
Commissioner Dawkins: All right, here you got J.L. Plummer's attention.
Mayor Suarez: All right.
Commissioner Dawkins: Let me get J.L. Plummer's attention. "...In securing
requisite bond counsel opinion, as well as direct that the $138,650 in sale
proceeds be deposited into the sinking fund governed by the trust indentures
for the Convention Center revenue bond."
Vice Mayor Plummer: It's going to pay off the Knight Center, that's fine.
Mr. Maxwell: Yes, that's correct.
Vice Mayor Plummer: That's all right.
39 November 14, 1991
Mayor Suarez: So moved and seconded. That's a little bit better than zero.
Vice Mayor Plummer: Yes, I'll tell you.
Mayor Suarez: Call the roll.
Vice Mayor Plummer: A hundred and thirty-eight thousand is better.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-791
A RESOLUTION, WITH ATTACHMENTS, RESCINDING RESOLUTION
NO. 91-432; MAKING FINDINGS; AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE A CITY DEED, EASEMENT
AGREEMENT AND RESTORATION AGREEMENT IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF
MIAMI AND THE FLORIDA DEPARTMENT OF TRANSPORTATION
(DOT) FOR CITY -OWNED PROPERTIES DESCRIBED ON EXHIBITS
"A," "B" AND "C," RESPECTIVELY, WHICH ARE ATTACHED
HERETO; SAID PROPERTIES TO BE USED IN CONNECTION WITH
THE NEW BRICKELL AVENUE BRIDGE, WITH PAYMENT TO THE
CITY BY DOT IN THE AMOUNT OF $138,650, WHICH IS THE
HIGHEST APPRAISED VALUE FOR THE PROPERTIES DESCRIBED
IN EXHIBITS "A" AND "B"; PLUS $4,500, WHICH REPRESENTS
REIMBURSEMENT FOR LEGAL EXPENSES INCURRED BY THE CITY
IN UTILIZING BOND COUNSEL.
(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.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: I realize that's not a lot of money to my colleague,
Dawkins, but, you know, us poor boys still say yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: You know, Frank, since you're here, accountants come up with
all kinds of really useless terms and contradictory and counter intuitive,
40 November 14, 1991
a 40
etcetera, and Octavio. But I have to say the sinking fund terminology is one
of the few that really makes sense. Because they're usually like
disappearing.
------------------------------------------------------------------------------
17. ACCEPT CITY CLERK'S CERTIFICATION AND DECLARATION OF THE RESULTS OF THE
NONPARTISAN PRIMARY ELECTION (NOVEMBER 5, 1991) - FOR 2 COMMISSIONERS
(GROUPS II AND III) - ELECTED IN GROUP III WAS J. L. PLUMMER, JR.
Mayor Suarez: All right, item two. We've done item one. Item two,
officially accepting the Clerk's certification, declaration of
the results of
the non -partisan primary election held on November 5th, 1991.
I'll entertain
a motion on that.
Vice Mayor Plummer: Wait a minute. Is this the canvassing?
We usually ask
for a couple of precincts. I would like to...
Mayor Suarez: This is on a primary now, on the first week.
Vice Mayor Plummer: On the first go around?
Mayor Suarez: Yes. That's the one...
Vice Mayor Plummer: Oh, no, I won't ask no questions on that one. N00000.
Commissioner Dawkins: This consent agenda?
Mayor Suarez: No, no.
Commissioner Alonso: No, no, regular agenda.
Ms. Hirai: It's item two, Commissioner.
Commissioner Alonso: I so move.
Mayor Suarez: So moved.
Commissioner Dawkins: Second, whatever...
Mayor Suarez: Second. It officially makes sure that Plummer
is still on this
Commission. That's something...
Commissioner Dawkins: Oh, no, I don't second that.
Mayor Suarez: All right. Call the roll.
41 November 14, 1991
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-792
A RESOLUTION, WITH ATTACHMENT(S), OFFICIALLY ACCEPTING
THE ATTACHED CITY CLERK'S CERTIFICATION AND
DECLARATION OF THE RESULTS OF THE NONPARTISAN PRIMARY
ELECTION HELD ON NOVEMBER 5, 1991, FOR THE ELECTION OF
TWO COMMISSIONERS (GROUP II AND GROUP III).
(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.
18. ACCEPT CITY CLERK'S CERTIFICATION AND DECLARATION OF THE RESULTS OF THE
GENERAL MUNICIPAL ELECTION (NOVEMBER 12, 1991) - FOR COMMISSIONER GROUP
II - ELECTED WAS VICTOR DE YURRE.
------------------------------------------------------------------------------
Mayor Suarez: And three is officially accepting the attached City Clerk's
certification, declaration of the results of the general municipal election
held on November 12, 1991.
Commissioner Dawkins: So move.
Vice Mayor Plummer: No, I would like to...
Mayor Suarez: Moved. Seconded. But you want more information.
Vice Mayor Plummer: Yes. Madam Clerk, we always have the opportunity to ask
about a couple of precincts. I would like to ask about precinct 524.
Mayor Suarez: What's the general vicinity of that?
Vice Mayor Plummer: I don't know, to be honest with you.
Commissioner De Yurre: It's in the Gables.
42 November 14, 1991
(LAUGHTER)
Vice Mayor Plummer: Would you read me the results of 524.
Commissioner Dawkins: And also give us the polling place.
Ms. Hirai: ....sir?
Commissioner Dawkins: Polling place.
Mayor Suarez: What's the address of 524?
Commissioner Dawkins: The address of the polling place, 524.
Mayor Suarez: The address, Mr. Manager. You don't need to characterize it
as...
Commissioner Dawkins: It's on 15th Avenue and 69th Street.
Vice Mayor Plummer: Yes, right. Where is it located, Madam Clerk?
Ms. Hirai: Give me two minutes, Commissioner, because this here is not the
one that should have been here. Just a minute.
Mayor Suarez: Could be at the...
Vice Mayor Plummer: Well, you can read the results of that precinct.
Mayor Suarez: The vote was one to zero.
Vice Mayor Plummer: It was the only time, I think, any in the history of this
City, that a City Commissioner took 100 percent of a precinct.
Mayor Suarez: I think it's a... my guess, Madam City Clerk, it's probably an
artificial district created either for people in the service who are out of
town, or something to that effect. It can't be a normal precinct.
Commissioner Dawkins: It's probably a cemetery that J.L. Plummer has control
over.
Vice Mayor Plummer: No, you know, in all sin...
Commissioner Dawkins: For absentee ballots.
Vice Mayor Plummer: Yes, that's true.
Commissioner Alonso: One vote.
Vice Mayor Plummer: And they vote twice.
Mayor Suarez: Very absentee.
Ms. Hirai: There was one precinct, because of the district, Mr. Leahy had to
open and only had one vote, one City resident, one City voter. There was one
resident...
43 November 14, 1991
2
40
Mayor Suarez: Is there a real district defined with one individual in it?
Ms. Hirai: Yes, sir.
Commissioner De Yurre: I just want you to know I campaigned real hard in that
precinct.
Vice Mayor Plummer: Well, wait a minute, Madam Clerk, excuse me...
Ms. Hirai: Yes, sir.
Vice Mayor Plummer: According to this sheet that I have, the ballots cast in
that precinct were 216 ballots. Are you telling me that 214 - 215 - of those
people did not vote for either candidate?
Ms. Hirai: There were many many people who did not cast a vote for either
candidate, Commissioner.
Mayor Suarez: No, no, wait. Madam City Clerk, your answers are not making
sense. Now, there is no way that out of 216 people who voted, all except for
one did not vote in one race. Now, either we table the item until...
Ms. Hirai: If you want to...
Mayor Suarez: ...we get some logical answer, such as where is the district,
how could it be just a one to zero vote in one...
Mr. Hirai: We'll have the answer for you, sir.
Mayor Suarez: ...or tell us that it doesn't affect the result of the
election. We can vote on this item, and in the meantime, you can provide us,
during the day, hopefully, with some additional clarifying information.
Ms. Hirai: Yes, sir. Yes, yes, sir, we will.
Mayor Suarez: ...want to try that?
Vice Mayor Plummer: Let me tell you one possibility.
Commissioner Alonso: ...two voters, two registered voters.
Mayor Suarez: Yes, it must be a special district...
Commissioner Alonso: And then it say, ballots cast, 216.
Commissioner Dawkins: Anytime J.L. Plummer brings something up like this, he
got a whole....
Mayor Suarez: Right, it goes forever.
Vice Mayor Plummer: All right, let me tell you where it could come about.
There are some precincts, I think, that are mixed with the County and the City
in the same precinct.
44 November 14, 1991
Ms. Hirai: Yes, sir, absolutely.
Mayor Suarez: Two people who were registered to vote in the City of Miami.
Vice Mayor Plummer: There might only have been two registered City voters,
and the rest were County. But I think it needs clarification.
Ms. Hirai: We'll get an exact answer for you, Commissioner.
Mayor Suarez: All right...
Vice Mayor Plummer: But I still congratulate my colleague for getting a
hundred percent. I know I got to do better next time.
Mayor Suarez: Of the people who did vote, apparently he got the one vote. So
that's a hundred percent. What can you do?
Commissioner De Yurre: How did you do there last week?
Vice Mayor Plummer: You know, I want to go check how I did there last week.
Mayor Suarez: And that was his mother, you know. All right, any other
precincts that you wanted specific tabulation and we can vote on accepting the
results?
Vice Mayor Plummer: No, sir.
Mayor Suarez: All right. I'll entertain a motion on it. Do we have a
motion? Yes, I think we do, and a second. Call the roll on item three.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-793
A RESOLUTION, WITH ATTACHMENT(S), OFFICIALLY ACCEPTING
THE ATTACHED CITY CLERK'S CERTIFICATION AND
DECLARATION OF THE RESULTS OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 12, 1991, FOR THE ELECTION
OF ONE COMMISSIONER (GROUP II).
(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:
45 November 14, 1991
411�
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Vice Mayor Plummer: Just for the record, you asked the question. Let me
answer it. According to November the 5th... wait a minute, that's twenty....
Well, would you believe November 5th there is no 524.
Ms. Hirai: I have the list in front of me, Commissioner. And, in fact, it is
not a City of Miami precinct. We have 523 and 526 and 527.
Vice Mayor Plummer: Well, excuse me, here...
Ms. Hirai: In the list of precincts for the City.
Vice Mayor Plummer: ...in this one, just for edification, it definitely is
marked City Voters.
Ms. Hirai: I'm going to get an answer for you, Commissioner. It is not on
our list, and I will get a definite answer to it.
Vice Mayor Plummer: Yes, because if you don't, I'll never hear the
end of
this from De Yurre.
Mayor Suarez: All right, please get the answer on that.
Commissioner Dawkins: And if you don't shut up and let us go on with the day,
you won't hear the end of it from me.
Commissioner Alonso: Well, shouldn't it be more appropriate that we
don't
take a vote on this issue when we have questions of this nature?
Mayor Suarez: Yes, what I suggested is...
Commissioner Alonso: It will sound very unappropriate, so...
Mayor Suarez: ...was to vote, because she has certified that it
doesn't
affect the result of the election. And we can officially accept the
result,
but we can reserve a question as to that.
Commissioner Alonso: Yes.
Mayor Suarez: Yes.
46 November 14, 1991
19. ACCEPT CITY CLERK'S CERTIFICATION AND DECLARATION OF THE RESULTS OF THE
SPECIAL MUNICIPAL ELECTION (NOVEMBER 5, 1991) - CHARTER AMENDMENT NO. 1,
PROPOSED ELIMINATION OF REQUIREMENT THAT TITLES TO PROPOSED ORDINANCE BE
READ ALOUD UPON THEIR INITIAL CONSIDERATION BY THE COMMISSION -
DISAPPROVED BY THE ELECTORATE.
Mayor Suarez: On item 4, officially accepting the attached City Clerk's
certification, declaration of the results...
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Please get those clarifications to us so we don't
sound like we're bypassing something that conceivably would...
Vice Mayor Plummer: Mr. Mayor, just for your edification...
Mayor Suarez: Yes.
Vice Mayor Plummer: ...on this sheet here, 524 is located at 5160 N.W. 31
Avenue. That's not even in the City limits.
Ms. Hirai: That is correct.
Mayor Suarez: It's outside the City. Might have a City registered voter for
God knows what reason.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-794
A RESOLUTION, WITH ATTACHMENT, OFFICIALLY ACCEPTING
THE ATTACHED CITY CLERK'S CERTIFICATION AND
DECLARATION OF THE RESULTS OF THE SPECIAL MUNICIPAL
ELECTION HELD ON NOVEMBER 5, 1991, IN WHICH THE
QUESTION OF AMENDING THE CITY CHARTER (CHARTER
AMENDMENT NO. 1) TO ELIMINATE THE REQUIREMENT THAT
TITLES TO PROPOSED ORDINANCES BE READ ALOUD UPON THEIR
INITIAL CONSIDERATION BY THE CITY COMMISSION; MORE
PARTICULARLY, BY AMENDING SUBSECTION (f) OF SECTION 4
OF SAID CHARTER WAS DISAPPROVED BY THE ELECTORATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
47 November 14, 1991
11
N
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.
20. ACCEPT CITY CLERK'S CERTIFICATION AND DECLARATION OF THE RESULTS OF THE
SPECIAL MUNICIPAL ELECTION (NOVEMBER 5, 1991) - CHARTER AMENDMENT NO. 2,
PROPOSED CITY COMMISSION AUTHORITY TO GRANT SUBPOENA POWER TO BOARDS AND
COMMITTEES - DISAPPROVED BY THE ELECTORATE.
------------------------------------------------------------------------------
Mayor Suarez: Item five, officially accepting the City Clerk's certification
of declaration of the results of the Charter Amendment number two, which was
defeated.
Commissioner Dawkins: Move it.
Commissioner De Yurre: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-795
A RESOLUTION, WITH ATTACHMENT, OFFICIALLY ACCEPTING
THE ATTACHED CITY CLERK'S CERTIFICATION AND
DECLARATION OF THE RESULTS OF THE SPECIAL MUNICIPAL
ELECTION HELD ON NOVEMBER 5, 1991, IN WHICH THE
QUESTION OF AMENDING THE CITY CHARTER (CHARTER
_ AMENDMENT NO. 2) TO PROVIDE THAT THE CITY COMMISSION
SHALL HAVE THE AUTHORITY, BY ORDINANCE, TO GRANT
SUBPOENA POWER TO SUCH BOARDS AND COMMITTEES APPOINTED
BY THE CITY COMMISSION AS THE COMMISSION MAY DEEM
APPROPRIATE; MORE PARTICULARLY, BY ADDING A NEW
SUBSECTION (b) TO SECTION 14 OF SAID CHARTER WAS
DISAPPROVED BY THE ELECTORATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
48 November 14, 1991
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.
f. - - -- ---- - - - -- - --- -- - - - -- - - - -•- - - - - - - - - - -- - - - - - - - - -- - -- - - - - - - -- - -- - - - - - - - - - - - - --
i
21. APPOINT COMMISSIONER MIRIAM ALONSO AS VICE MAYOR FOR ONE YEAR COMMENCING
AT 12:00 NOON DECEMBER 1, 1991.
------------------------------------------------------------------------------
Mayor Suarez: Item six, selecting and appointing one of our members to a one-
year term as Vice Mayor.
Vice Mayor Plummer: Mr. Mayor, it's always been the honor of the Vice Mayor
to nominate the next Vice Mayor, and I nominate Miriam Alonso.
Mayor Suarez: So moved.
Commissioner De Yurre: Second.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-796
A RESOLUTION ELECTING AND APPOINTING COMMISSIONER
MIRIAM ALONSO AS VICE -MAYOR OF THE CITY OF MIAMI,
FLORIDA, TO SERVE A ONE YEAR TERM COMMENCING AT 12:00
NOON ON DECEMBER 1, 1991.
(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:
49 November 14, 1991
=9
t
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Vice Mayor Plummer: I want to remind...
Mayor Suarez: As opposed to the prior Vice Mayor, I hope that the current
Vice Mayor helps me a little bit more in atten...
just kidding.
Vice Mayor Plummer: I want to remind Miriam this doesn't take effect until
December 1. I have a lot to do before that date is up.
Mayor Suarez: None that has any financial consequence whatsoever.
22. REAPPOINT A. QUINN JONES, III, AS CITY ATTORNEY.
------------------------------------------------------------------------------
Mayor Suarez: All right, item 7. Elect and appointing Quinn Jones as City
Attorney...
Commissioner Dawkins: So move.
Mayor Suarez: ...of the City of Miami, Florida.
Commissioner De Yurre: Second.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll. I'm
sorry, it's A. Quinn Jones, III.
Commissioner De Yurre: It's one of the Quinn Jones', A. Quinn Jones.
50 November 14, 1991
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-797
A RESOLUTION ELECTING AND REAPPOINTING A. QUINN JONES,
III, AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA,
TO HOLD OFFICE AS PROVIDED FOR IN THE CITY CHAPTER.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
RESOLUTION NO. 91-797.1
A RESOLUTION CONFIRMING THE EMOLUMENTS AND EMPLOYMENT
BENEFITS OF A. QUINN JONES, III, CITY ATTORNEY 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 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:
Mayor Suarez: Yes, despite the Quinn Jones the third stuff on there.
51 November 14, 1991
23. (A) REAPPOINT MATTY HIRAI AS CITY CLERK.
(B) GRANT INCREASE IN SALARY AND BENEFITS FOR WALTER FOEMAN,
ASSISTANT CITY CLERK.
(C) GRANT INCREASE IN SALARY AND VACATION BENEFITS FOR MATTY HIRAI,
CITY CLERK.
------------------------------------------------------------------------------
Mayor Suarez: Item 8, electing and reappointing Matty Hirai as City Clerk of
the City of Miami.
Vice Mayor Plummer: Move it.
Mayor Suarez: She's definitely the first with that name.
Commissioner Alonso: Move it. Second, yes.
Mayor Suarez: Moved and seconded.
Commissioner De Yurre: Second.
Mayor Suarez: Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO, 91-798
A RESOLUTION ELECTING AND REAPPOINTING MATTY HIRAI, AS
CITY CLERK OF THE CITY OF MIAMI, FLORIDA, TO HOLD
OFFICE AS PROVIDED FOR IN THE CITY CHARTER.
(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: Mr. Mayor...
Mayor Suarez: You did that with a certain amount of relish. I'm glad you got
my mike fixed. I, otherwise, might have voted against.
52 November 14, 1991
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes?
Commissioner De Yurre: On this item of the City Clerk, I think we need to
address the issue of compensation which has already been addressed with the
City Attorney in previous meetings. It's my understanding that this review,
which happens every two years, we have not addressed any adjustment, as far as
compensation or cost of living increase, and I feel that for the City Clerk
and also the Assistant City Clerk that we need to address that at this point
in time.
Mayor Suarez: All right. Does that make sense? I think it does. City
Attorney, Mr. Manager, in view of the way we have reviewed other City
Commission appointees, including the two of you, because that is the totality
of our appointees, the three people who sit with us up here, and I think we've
done that in the past. Do you have any suggestions, Commissioner? -or
Commissioner Dawkins?
Commissioner Dawkins: I agree in total. But as to the amount we should
discuss it. But I would like to point out that the Assistant City Clerk is
the only one in the - for the lack of a better word - management area, who
does not belong to the executive plan. And I would like to move that as we
adjust these salaries, that we also instruct whoever is in charge of moving
him into the executive pay plan, that it so be done.
Commissioner Alonso: That's right.
Mayor Suarez: OK, as part of the package for the Assistant City Clerk, he
would be included in the executive - what's the package? -what's the name of
it, technical? Pay plan. Do you have any other suggestions on compensation?
Commissioner De Yurre: I'd like to ask what is your recommendation on the
Assistant City Clerk?
Mayor Suarez: First, as to the Assistant. We're not going to take it on your
own. Yes?
Ms. Hirai : I respectfully recommend a 10 percent, and I say that as a very
proud director to have him. I think he's a wonderful addition to the City.
Commissioner De Yurre: So is it like five and five for each year?
Ms. Hirai: Yes. You can con...
Commissioner Dawkins: No, no, ten and ten each year.
Mayor Suarez: I won't vote for ten and ten each year. So shoot for five and
five.
Commissioner De Yurre: Is that a five and five five compounded or how? -what
are we talking about here?
53 November 14, 1991
Vice Mayor Plummer: It's always...
Ms. Hirai: I think he will be very happy with a ten percent and the executive
pay plan.
Commissioner De Yurre: OK, well I will so move.
Mayor Suarez: Five percent each year is the motion, a total of ten percent.
No compounding, and the executive pay package. So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not...
Vice Mayor Plummer: Are you speaking now just to the assistant?
Mayor Suarez: Assistant, the assistant.
Vice Mayor Plummer: Not to her.
Commissioner De Yurre: Not yet.
Mayor Suarez: Right.
Vice Mayor Plummer: OK.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-799
A RESOLUTION APPROVING AND CONFIRMING THE CITY CLERK'S
REAPPOINTMENT OF WALTER FOEMAN TO SERVE AS ASSISTANT
CITY CLERK OF THE CITY OF MIAMI, AND FIXING BENEFITS
FOR SAID REAPPOINTEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Madam City Clerk, may I suggest, and Mr. Manager, that unless
I'm seeing something wrongly here, it seems that that really should be part of
54 November 14, 1991
the regular budget process as to any assistant directors or anyone that we
don't appoint. And, in the future...
Vice Mayor Plummer: No, our policy is that we review it outside of budget.
Mayor Suarez: Well...
Vice Mayor Plummer: Now you can do it before budget so that it would be
included the review.
Mayor Suarez: Yes, I would think that that's the more proper way to do it.
Vice Mayor Plummer: But that was the reason for having the review.
Mayor Suarez: I'm also going to suggest at some point, Commissioners, that we
formally - formally - entertain something that is in the Charter under our
jurisdiction, and not the Manager's, and that is the setting of department
heads salaries. And that we, under the Commission Awareness Program, begin to
take that obligation more seriously, and I'm not sure how to do that. But if
you would give some thought to that, we should do those reviews. OK, as to
the City Clerk. What is the present salary, Matty? -Madam City Clerk.
Ms. Hirai: Eighty-one, sir.
Mayor Suarez: Sorry?
Ms. Hirai: Eighty-one.
Mayor Suarez: Any suggestions? Any motions?
Vice Mayor Plummer: On the City Clerk herself?
Mayor Suarez: Yes.
Vice Mayor Plummer: I think that the area that's in discrepancy is that of
vacation. I think that she should be entitled to the same vacation, number of
days, as is the City Attorney and the City Manager.
Commissioner De Yurre: Which are?
Vice Mayor Plummer: I'm sorry?
Commissioner De Yurre: Which are.
Vice Mayor Plummer: Thirty.
Commissioner De Yurre: What do you get right now?
Ms. Hirai: Twenty-six, I believe, Commissioner. It's just three or four days
difference.
Commissioner De Yurre: Three or four days. I got no problem with three or
four days.
55 November 14, 1991
Vice Mayor Plummer: Make it, whatever it is, equal with the City Attorney and
the City Manager, as far as vacation.
Mr. Odio: You can't do it that way.
Vice Mayor Plummer: All right, how can I do it?
Mr. Odio: Because if I my sick time, during 14 years it begins to accumulate
and turns into vacation.
Vice Mayor Plummer: Vacation pay only.
Mr. Odio: Vacation.
Mayor Suarez: No, as a matter of right. Not equivalent to your specific
case...
Vice Mayor Plummer: Vacation...
Mr. Odio: You cannot do it equivalent to.
Mayor Suarez: ...but as a matter of right to have "X" number of vacation days
is what he's saying.
Vice Mayor Plummer: We're talking about vacation only.
Mayor Suarez: All right.
Commissioner Dawkins: OK, hold it, hold it. Hasn't she... how long you been
here, Matty?
Ms. Hirai: Sixteen years, Commissioner.
Commissioner Dawkins: Sixteen? So what's the difference in 16 years and 14
years? Give me a break here.
Mr. Odio: Commissioner, you don't understand. Sick time hours, after a
certain time, begins to turn into vacation. So, you cannot...
Ms. Hirai: Yes, we're not talking about sick time.
Commissioner Dawkins: Hers does not?
Commissioner Alonso: We're talking about vacation time.
Mayor Suarez: We're just talking about vacation time.
Mr. Odio: I don't know how long she's been sick.
Mayor Suarez: Just as of right vacation days is all we're talking about in
this. Is that correct?
Commissioner Dawkins: Beg your pardon?
56 November 14, 1991
Vice Mayor Plummer: What we're talking about is fairness and equity, that's
what we're talking about.
Commissioner Dawkins: That's right, that's all I'm talking about. If the
City Manager can convert sick time to vacation time, there's no reason in the
world why the City Clerk should not be able to convert sick time to vacation
time.
Mr. Odio: None, none whatsoever.
Commissioner Dawkins: Just because... hey now, I'm going to be real nasty.
Just because she's a lady, you all can't do it?
Mr. Odio: She does that too.
Commissioner Dawkins: Huh?
Mr. Odio: Everybody in this...
Commissioner Dawkins: She doesn't have what?
Mr. Odio: Everybody in the City does that, Commissioner.
Commissioner Dawkins: OK.
Mayor Suarez: This motion doesn't affect that.
Mr. Odio: That's what I'm saying.
Mayor Suarez: All right, we were...
Commissioner Dawkins: Oh, OK.
Mayor Suarez: We would be voting to have 30 days vacation time. That's in
addition to all the holidays, in addition to the other sick pay provisions?
Vice Mayor Plummer: Correct.
Mayor Suarez: And you're telling me that the City Manager and the City
Attorney both have 30 days vacation time?
Ms. Hirai: Yes, sir.
Mayor Suarez: I sure as heck hope you don't take those 30 days.
Commissioner Dawkins: Yes, they do.
Mr. Odio: I never have....
Commissioner Dawkins: Why don't they?
Mr. Odio: I am entitled to take...
57 November 14, 1991
0
Mayor Suarez: For myself, I sure as heck hope the Manager is working more
than, you know, the equivalent number of days in the year minus, you know,
weekends, holidays, and now 30 days vacation! I'm sorry, folks, you can all
vote for this, but I'm not.
Commissioner Dawkins: But wait now, you're missing the most important point.
It's 30 days, plus any sick time that's converted over to make it more than 30
days.
Mayor Suarez: It makes it even worse, as far as I'm concerned. Sounds
excessive to me. If you all want to make the motion, that's fine, I'm voting
against it.
Vice Mayor Plummer: Well, wait, wait, wait. Let's understand. This is not a
policy being established today for the Manager. This has been like this for
ever since I've been here. Now, you might say that it's not right, and I
remember the only argument ever came about when Mel Reese was leaving, as to
whether it was 30 working days or 30 days total. And it was declared at that
time, that it was 30 working days of vacation. So that is the only
discrepancy that I know that it's ever occurred. Other than that, the policy
has been the same as long as I have been here.
Commissioner Dawkins: I don't have any problems with it, as long as it is
equal.
Mayor Suarez: You'd like it to be the same for all three City appointees.
Commissioner Dawkins: All three City employees...
Mayor Suarez: Is it 30 at this point, for the City Attorney and City Manager?
Commissioner Alonso: Yes, yes it is.
Vice Mayor Plummer: Yes.
Mayor Suarez: I'll entertain a motion to make it 30 as to all three.
Commissioner Dawkins: So move.
Commissioner Alonso: Yes, I so move.
Mayor Suarez: So moved and seconded. Any...
Commissioner Dawkins: Is that what you're saying, J.L.?
Vice Mayor Plummer: Yes.
Commissioner Dawkins: Make it equal. Everybody gets thirty days.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Dawkins: OK, well now...
Vice Mayor Plummer: Yes, I know, because you can accumulate...
58 November 14, 1991
0
Commissioner De Yurre: No, it's the whole package. What about compensation?
Mayor Suarez: Well, why don't we vote on that if we may, so before begins the
argument of compensation. Call the roll on the item, Madam City Clerk.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 91-800
A MOTION GRANTING MATTY HIRAI, CITY CLERK, A TOTAL OF
30-WORKING DAYS OF VACATION, COMMENSURATE WITH THAT OF
THE CITY MANAGER AND CITY ATTORNEY.
(NOTE: The essence of this motion is incorporated in
the text of R 91-801).
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.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: What, Mr. Manager...
Mayor Suarez: I am inclined to vote against for the reasons I've stated, but
I'm going to go ahead and change my vote to a favorable vote because it's
standard across-the-board. I sure hope you don't take advantage of those 30
days, because we need you a lot more than...
COMMENTS MADE FOLLOWING ROLL CALL:
Vice Mayor Plummer: Mr. Manager, what was the normal increase given to all
employees last year?
Commissioner Dawkins: Wait now. I got a question.
Vice Mayor Plummer: Yes, sir.
Commissioner Dawkins: Why is it that we gave five to him, the assistant, and
you said you couldn't give him more than five. And now you're discussing
giving her more than five. Explain that to me.
Vice Mayor Plummer: No, I didn't say that, sir. I was asking the Manager
what did we give most all employees last year.
59 November 14, 1991
El
Commissioner Dawkins: Well, why are we... OK, all right, let's go back then
and rescind - it may be less than five, it may be more than five.
Vice Mayor Plummer: It think it's going to be less.
Mayor Suarez: Yes, it... In my case, it's going to be a lot less than five.
Vice Mayor Plummer: As I recall, it was four.
Mr. Odio: My staff did not receive salary increases.
Vice Mayor Plummer: Overall employees.
Mr. Odio: Overall employees, depend on the contract. Some contracts had a
zero. Some contracts might have had a four.
Vice Mayor Plummer: All right, she has not had a raise for two years. I will
say that she should get five and five.
Commissioner Dawkins: That's right, I second.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-801
A RESOLUTION ELECTING AND REAPPOINTING MATTY HIRAI, AS
CITY CLERK OF THE CITY OF MIAMI, FLORIDA, TO HOLD
OFFICE AS PROVIDED FOR IN THE CITY CHARTER, AND FIXING
SALARY AND BENEFITS FOR SAID REAPPOINTEE.
(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.
NOES: Mayor Xavier L. Suarez.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: I'm going to vote no. Now, Madam City Clerk, no reflection on
you. City Clerks throughout the United States in cities of similar size do
not get paid those amounts of money, and I just can't vote favorably.
60 November 14, 1991
-3
- I
1 Commissioner De Yurre: They make less than fifty.
------------------------------------------------- ---------------------
24. (A) GENERAL DISCUSSION CONCERNING CONSENT AGENDA.
(B) DIRECT ADMINISTRATION TO COLLECT MONIES OWED TO THE CITY BY
ORGANIZATIONS USING CITY FACILITIES PRIOR TO ACTUAL EVENT.
(C) CONSENT AGENDA.
-------------------------------------------------------------------------------
Mayor Suarez: On the consent agenda, it is constituted of items CA-1 through
CA-26. We have one item that has been pulled from the consent agenda. I am
uncertain as to the way this was done and the procedural implications for this
Commission. And I want a clarification. Item CA-21 was pulled by the
administration prior... following distribution of the agenda. My
understanding would be... well, without delving into the reasons why it was
withdrawn, because I don't know that that matters all that much. It's
withdrawn by the administration it says here.
Commissioner De Yurre: Well, why was it withdrawn, administration?
A. Quinn Jones, III, Esq.: It wasn't...
Mayor Suarez: I'm not interested in that. If you are, you can certainly...
Commissioner Dawkins: I'm not.
Commissioner De Yurre: You didn't withdraw it? So it's still on the agenda?
Mr. Odio: You withdraw it.
Mr. Jones: It was withdrawn by my office.
Vice Mayor Plummer: Why?
Commissioner De Yurre: Why?
Mr. Jones: We placed it on the agenda. It needed further review, and...
Commissioner De Yurre: What further review do you need?
Mr. Jones: In terms of whether the... it was a budgeted item, included within
their budget. It is included in their budget.
Commissioner De Yurre: It is included, so do you need any further review?
Mr. Jones: I don't need any further review.
Commissioner De Yurre: OK, so then it's back on the agenda.
Mayor Suarez: Well, the...
61 November 14, 1991
Commissioner Dawkins: If you pull it, then you got to vote for it after the
-' agenda.
Mayor Suarez: Yes, the chair rules that this item is properly before you as
an item that you got advice of it being before you so that legislative action
could be taken. Because I think we've fulfilled the Code in that respect. As
to whether we act on it today, let me put that question to the Commission. If
you would like to act on CA-21 today, we will act on it. And the majority of
the votes will decide. If anyone has any objection to it being on the agenda
and decided today on this Commission, then a proper motion would be a motion _
to defer, and with the reason specified.
Commissioner De Yurre: I'm ready to vote on it, Mr. Mayor.
Mayor Suarez: All right.
Vice Mayor Plummer: I'm ready to vote on it.
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: Is this the proper time to ask a question on this?
Mayor Suarez: Yes.
Commissioner Alonso: The selection of the attorney, it was done in 188, was
it not?
Mr. Jones: I think it was done in 188.
Mayor Suarez: The last time that we made the selection was when? -88?
Mr. Jones: It was in 1988.
Commissioner Alonso: Eighty-eight?
Mr. Jones: Yes.
Commissioner Alonso: Is it proper to continue without coming and I have not
recollection that it was ever been done before.
Mayor Suarez: What is the procedure for reselection or for recontracting?
Mr. Jones: Well, basically the procedure has been in the past years, as I
recall, is that a recommendation is made and it's the Commission's will to
approve City Attorney's recommendation in that regard. That's how it's been
done over the years.
Commissioner Alonso: You mean, it just come as an item for the amount of
money? -and nothing else?
Mr. Jones: Yes.
Commissioner Alonso: So it's up to you. That's what we're saying.
62 November 14, 1991
Mr. Jones: It's basically the City Attorney's prerogative to choose whomever.
Mayor Suarez: Is it similar to when you select outside counsel on a specific
matter?
Mr. Jones: Yes, yes, it is.
Commissioner Alonso: But do you make the recommendation to us...
Mr. Jones: No, normally, this...
Commissioner Alonso: ...or do you just make the decision and...
Mr. Jones: We just make the decision. Yes, we just make the decision.
Commissioner Alonso: OK.
Mayor Suarez: If the Commission would be inclined, on matters like this
having to do with the counsel to a board to more formalize that process, in
future years I would be inclined to do that. Counsel, this is not just like a
particular case where we have to make a quick decision. This is a board, and
someone will represent for an entire year. And it might not be a bad idea to
get submissions of people who are interested in doing that, and then get your
recommendation, and act on it a little bit more formally.
Mr. Jones: OK...
Mayor Suarez: It's not a fully competitive process even then, but...
Mr. Jones: It's well taken. I have no problems with it.
Mayor Suarez: It's a professional contract. All right, on the matter itself,
on CA-21, as advertised, we have a motion, Commissioner?
Commissioner De Yurre: Moved.
Vice Mayor Plummer: Mr. Mayor.
Mayor Suarez: Vice Mayor.
Vice Mayor Plummer: I don't want to pull any particular item. What I do want
to state for the record, I had asked and I don't know whether it was adopted
as policy or not. Mr. Mayor, we're having to chase down too many people after
they use City facilities to get our money. I had suggested, and I don't find
it incorporated in this agenda, that the City get its money in advance of the
activity. Now, I realize that's going to cause, in some cases, a little bit
of heartburn. But I don't think that it's right that the City should have to
go to court or chase these people to get their monies which we are entitled
to, whether they make money or they don't. And I would make a motion at this
time that the policy of this Commission on any activities that the City is
entitled to funds, that that monies be paid at least three days in advance of
the activity.
Mayor Suarez: OK, Commissioner...
63 November 14, 1991
Mr. Odio: Which activity?
Vice Mayor Plummer: Any activity. Because I...
Mayor Suarez: May I ask you to defer that motion just for a second? Table
it, please, so we can act on CA-21.
Vice Mayor Plummer: Surely, sir.
Mayor Suarez: Remember, we were still on that and...
Vice Mayor Plummer: I'm sorry.
Commissioner Alonso: Do we have to take it separately or part of the...
Mayor Suarez: No, it could be part of the consent agenda. If you'd like to
just include it as part of the consent agenda, that's fine.
Vice Mayor Plummer: Well, Mr. Mayor, the only reason I brought that up is
that there are three items on here that I feel we should get our money up
front.
Mayor Suarez: Oh, OK, I got you, all right. You were assuming that we were
getting ready to act on the consent agenda as a whole.
Vice Mayor Plummer: That's correct, sir.
Mayor Suarez: Commissioner Alonso suggests that CA-21 be put back into the
consent agenda which I think makes sense.
Commissioner Alonso: Yes.
Mayor Suarez: Commissioner De Yurre, would you withdraw your motion then and
let it be part of the consent agenda?
Commissioner De Yurre: Fine.
Mayor Suarez: OK, now, you have a motion that any items, including those in
the consent agenda today, that deal with the use of a City facility...
Vice Mayor Plummer: In which the City is entitled to money, be paid...
Mayor Suarez: In advance.
Vice Mayor Plummer: ...at least three days in advance. It stops us from...
Mayor Suarez: It's a wholesale motion, and, I guess, troubles you is that
it's going to affect a variety of programs that over the years people have
been unable to post the...
Mr. Odio: Can you exclude where we have contracts?
64 November 14, 1991
P
Mayor Suarez: Wait, we have to exclude anything we have a contractual
obligation.
Vice Mayor Plummer: Oh, excluding any present contracts, yes.
Mr. Odio: Where we have ten percent of the gross, like UM (University of
Miami) games, etcetera.
Vice Mayor Plummer: Well, you can't do that in advance.
Mr. Odio: I mean, that's why...
Vice Mayor Plummer: I'm talking about the police, the fire, the sanitation,
all of those.
Mr. Odio: Fine. No, we have no problem with that. It's just that if we...
Vice Mayor Plummer: OK.
Mayor Suarez: Yes, anything in which you have a formula that pays us out of
the revenues and receipts...
Vice Mayor Plummer: Exactly.
Mayor Suarez: ...is, by contract, excluded from that and by definition. But
anything where the person is supposed to pay a flat fee, that should be up
front.
Mr. Odio: OK.
Vice Mayor Plummer: Very definitely.
Mayor Suarez: All right. So moved. Do we have a second on the motion?
Vice Mayor Plummer: No.
Commissioner Alonso: You're talking about flat fee...
Vice Mayor Plummer: No, not a flat fee. Whatever their portion is that they
owe to the City.
Mayor Suarez: Well, no, but she's saying, correctly...
Commissioner Alonso: Yes.
Mayor Suarez: ...that if it's based on receipts, you don't know what it's
going to be, and obviously we've got a cut of that up front.
Vice Mayor Plummer: Oh, no, no, no, we can't do that. No, no. Yes.
Commissioner Alonso: Yes, 1 have no problem. Second.
Mayor Suarez: On flat fee arrangements. Moved and seconded. I sure hope
this doesn't come back to bite us.
65 November 14, 1991
Commissioner Alonso: To haunt us.
Mayor Suarez: Yes. That's more appropriate.*$
Commissioner Alonso: And we will just...
Mayor Suarez: ...wording.
Commissioner Alonso: We'll feet sorry we did it.
Mayor Suarez: And that we have people up there each Commission meeting
saying, please waive that as to us, because we can't post it up front. And
it's going to drive us nuts. All right, moved and seconded. Any discussion?
Do you want to make that leave it to the Manager's discretion? -that the
general policy is that, but that if he finds in some situations that for
whatever reasons it just doesn't make any sense.
Vice Mayor Plummer: Let's try it that way.
Mayor Suarez: Could you?
Vice Mayor Plummer: Yes, that's...
Mayor Suarez: I would feel more comfortable voting for it. Because I'd hate
to have every single one of these items, people calling us madly.
Mr. Odio: I can think of a nightmare, but I'd rather have it where we say it
is the law that...
Vice Mayor Plummer: Hey, I just don't think the City should have to go be
chasing after its money, and then wind up here most of the time, half of the
time, having to waive it.
Mayor Suarez: Mr. Manager, there are certain things that we would like to do
ourselves...
Mr. Odio: I agree.
Mayor Suarez: ...that we're trying to take away from you. There are certain
things that we would like for you to do that we're trying to give you over,
and this is one of those.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: All right, with the Manager having discretion to waive, moved
and seconded. Any discussion? If not, please call the roll.
66 November 14, 1991
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 91-802
A MOTION STIPULATING A POLICY OF THE CITY OF MIAMI
COMMISSION THAT ALL FUTURE REQUESTS FOR USE OF CITY
FACILITIES OR SERVICES WHEREIN THE CITY IS ENTITLED TO
REVENUE OR FEES, SAID MONIES SHALL BE PAID TO THE CITY
AT LEAST THREE DAYS IN ADVANCE OF THE LOAN OR
ACTIVITY; FURTHER AUTHORIZING THE CITY MANAGER TO USE
HIS DISCRETION IN CONNECTION WITH ANY WAIVER OF CITY
POLICY IN SITUATIONS WHERE HE FEELS SUCH IS WARRANTED.
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.
Mayor Suarez: Ladies and gentlemen of the public, items CA-1 through CA-26
constitute the consent agenda. If there's anyone that wishes to be heard on
any of these items specifically, please approach and inform the chair. And
then, of course, Commissioners are going to have some items they want
clarification. Is there any item? Margaret.
Ms. Margaret Miller: I'd like to address C-11 having to...
Mayor Suarez: CA-11...
Ms. Miller: CA-11.
Mayor Suarez: ...is going to be taken separately as per the request of a
member of the public. Anything else?
Commissioner Dawkins: There's a lady back there who wants CA-12 pulled.
Mayor Suarez: CA-12 also will be...
Commissioner Dawkins: Miss, aren't you interested in CA-12?
Mayor Suarez: Will be handled separately, CA-11 and CA-12.
Commissioner Dawkins: Thirty-three?
Mayor Suarez: Thirty-three is clearly outside the consent agenda, so...
67 November 14, 1991
�i
Commissioner Dawkins: OK, don't worry about it then.
Commissioner Alonso: Eleven and 12.
Mayor Suarez: OK, 11 and 12. Any from the Commissioners that want to?
- Vice Mayor Plummer: Are you here in reference to Lummus Park?
Commissioner Dawkins: Nineteen, nineteen...
Commissioner Alonso: Yes, one...
Commissioner Dawkins: I'm sorry, go ahead.
Ms. Miller: I can't hear you.
Vice Mayor Plummer: Are you here in reference to Lummus Park?
Ms. Miller: Yes.
Vice Mayor Plummer: OK.
Mayor Suarez: Vice Mayor Alonso.
Vice Mayor Plummer: No, no...
Commissioner Alonso: Not yet until December, one, two, four, and six.
Mayor Suarez: One, 2, 4, and 6.
Commissioner Alonso: Yes.
Mayor Suarez: All right, anything further?
Commissioner Dawkins: Yes, 19, please.
Mayor Suarez: Nineteen, Commissioner Dawkins. Anything else? If not, we
will entertain a vote on items CA-1 through 26 with the exceptions of 1, 2, 4,
6, 11, 12, and 19. Somebody move it.
Commissioner Alonso: Yes, I so move.
Commissioner Dawkins: Moved.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
ON MOTION DULY MADE BY COMMISSION DAWKINS AND SECONDED
BY COMMISSIONER ALONSO, THE CONSENT AGENDA, WITH ABOVE
EXCEPTIONS, WAS PASSED BY THE FOLLOWING VOTE:
68 November 14, 1991
7A
AYES: Commissioner
Commissioner
Commissioner
Vice Mayor J.
Mayor Xavier
NOES: None.
ABSENT: None.
Victor De Yurre
Miller J. Dawkins
Miriam Alonso
L. Plummer, Jr.
L. Suarez
24.1 ACCEPT BIDS: (a) B.V. OIL COMPANY, (b) CONSOLIDATED OIL COMPANY, (c)
FLAMINGO OIL COMPANY, (d) FLOVAL OIL CORPORATION, (e) METAL LUBRICANTS,
(f) RANCO OIL COMPANY - FOR FURNISHING OILS AND LUBRICANTS FOR (i)
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE, AND (ii)
FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT.
RESOLUTION NO. 91-803
A RESOLUTION ACCEPTING THE BIDS OF B.V. OIL COMPANY
IN THE AMOUNT OF $1094.60, CONSOLIDATED OIL COMPANY
IN THE AMOUNT OF $1278.00, FLAMINGO OIL COMPANY IN
THE AMOUNT OF $39,070.10, FLOVAL OIL CORPORATION IN
THE AMOUNT OF $1,296.35, METAL LUBRICANTS IN THE
AMOUNT OF $317.90 AND RANCO OIL COMPANY IN THE
AMOUNT OF $13,188.85 FOR A TOTAL AMOUNT OF
$56,245.80 FOR THE FURNISHING OF OILS AND LUBRICANTS
FOR A PERIOD OF ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR ONE (1) ADDITIONAL YEAR UPON THE SAME
PRICE, TERMS AND CONDITIONS FOR THE DEPARTMENTS OF
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE AND
FIRE, RESCUE AND INSPECTION SERVICES; ALLOCATING
FUNDS THEREFOR FROM THE DEPARTMENT OF GENERAL
SERVICE ADMINISTRATION AND SOLID WASTE 1991-92
OPERATING BUDGET, ACCOUNT CODE NO. 420901-713
($49,387.80) AND FIRE, RESCUE AND INSPECTION
SERVICES DEPARTMENT OPERATING BUDGET, ACCOUNT CODE
NOS. 280502-713 ($100,00) AND 280701-713
($6,758.00); AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THESE SUPPLIES AND THEREAFTER TO
EXTEND THIS CONTRACT FOR AN ADDITIONAL ONE YEAR
PERIOD, SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
69 November 14, 1991
P
24.2 ACCEPT BID: LEADEX CORPORATION
PLAYGROUND EQUIPMENT AT LEGION
RECREATION (CIP 331312).
- FOR FURNISHING AND INSTALLATION OF
PARK, FOR DEPARTMENT OF PARKS AND
RESOLUTION NO. 91-804
A RESOLUTION ACCEPTING THE BID OF LEADEX CORPORATION
FOR THE FURNISHING AND INSTALLATION OF PLAYGROUND
EQUIPMENT AT LEGION PARK FOR THE DEPARTMENT OF PARKS
AND RECREATION AT A TOTAL PROPOSED COST OF
$20,995.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 331312, ACCOUNT CODE NO.
589301-830; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
24.3 ACCEPT BID: LEWIS GREEN CONSTRUCTION, INC. ($92,000 TOTAL BID), FOR
SCATTERED SITE HOUSING HOME OWNERSHIP DEVELOPMENT PROGRAM - WYNWOOD
PHASE II - TWO THREE -BEDROOMS, TWO BATHS SINGLE-FAMILY RESIDENCES (B-
3245) (PROJECT 321034).
RESOLUTION NO. 91-805
A RESOLUTION ACCEPTING THE BID OF LEWIS GREEN
CONSTRUCTION, INC., IN THE PROPOSED AMOUNT OF
$92,000.00, TOTAL BID OF THE PROPOSAL, FOR SCATTERED
SITE HOUSING HOMEOWNERSHIP DEVELOPMENT PROGRAM -
WYNWOOD PHASE II - TWO (2) THREE BEDROOMS, TWO BATHS
SINGLE-FAMILY RESIDENCES (B-3245); WITH MONIES
THEREFOR ALLOCATED FROM THE FISCAL YEAR 1990-91
CAPITAL IMPROVEMENT ORDINANCE NO. 10782, PROJECT NO.
321034, IN THE AMOUNT OF $92,000.00 TO COVER THE
CONTRACT COST AND $6,826.94 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL OF $98,826.94; 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.)
70
November 14, 1991
24.4 AUTHORIZE CONTRIBUTION TO CRIME STOPPERS OF DADE COUNTY - ALLOCATE
$10,000 FROM LAW ENFORCEMENT TRUST FUND.
RESOLUTION NO. 91-806
A RESOLUTION AUTHORIZING A CONTRIBUTION TO CRIME
STOPPERS OF DADE COUNTY, AND ALLOCATING FUNDS
THEREFOR, IN THE AMOUNT OF $10,000, 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.)
24.5 AUTHORIZE MANAGER TO ENGAGE SERVICES OF FESTIVAL FLOATS, INC. - FOR
CONSTRUCTION OF AN ANTI -DRUG AND CRIME PREVENTION PARADE FLOAT -
ALLOCATE $33,000 FROM LAW ENFORCEMENT TRUST FUND (PROJECT 690001).
RESOLUTION NO. 91-807
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENGAGE
THE SERVICES OF FESTIVAL FLOATS, INC., FOR THE
CONSTRUCTION OF AN ANTI -DRUG AND CRIME PREVENTION
PARADE FLOAT FOR THE UPCOMING HOLIDAY SEASON, AND
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $33,000, FROM THE LAW ENFORCEMENT TRUST FUND,
PROJECT NO. 690001, 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.)
24.6 AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENT TO EXISTING AGREEMENT WITH
THE YWCA OF GREATER MIAMI, INC., PROVIDING AN ADDITIONAL $25,000 TO
COMPLETE FINANCING FOR CONSTRUCTION OF THE YWCA CULMER / OVERTOWN CHILD
DAY CARE CENTER (TO BE LOCATED AT 1009 N.W. 5 AVENUE) - ALLOCATE FUNDS
FROM 15TH CDBG.
RESOLUTION NO. 91-808
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 YWCA OF GREATER
MIAMI, INC., PROVIDING AN ADDITIONAL $25,000 TO
COMPLETE THE FINANCING FOR THE CONSTRUCTION OF THE
YWCA CULMER/OVERTOWN CHILD DAY CARE CENTER TO BE
LOCATED AT 1009 NORTHWEST 5TH AVENUE, MIAMI,
FLORIDA, AND ALLOCATING FUNDS THEREFOR FROM THE
FIFTEENTH (15TH) YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS.
71 November 14, 1991
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
24.7 AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH INTERDISCIPLINARY
PROGRAM CONSULTANTS, INC., FOR SERVICES OF A CERTIFIED BEHAVIOR ANALYST,
REQUIRED BY FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES -
FOR PROGRAMS FOR THE HANDICAPPED.
RESOLUTION NO. 91-809
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
INTERDISCIPLINARY PROGRAM CONSULTANTS, INC., FOR THE
SERVICES OF A CERTIFIED BEHAVIOR ANALYST AS REQUIRED
BY THE FLORIDA DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES FOR CLIENTS OF THE CITY'S
PROGRAMS FOR THE HANDICAPPED WITHIN THE PARKS AND
RECREATION DEPARTMENT, ON A PART-TIME BASIS FOR ONE
(1) YEAR, WHICH TERM MAY BE EXTENDED BY THE CITY
MANAGER, UPON WRITTEN CONSENT OF INTERDISCIPLINARY
PROGRAM CONSULTANTS, INC., SUBJECT TO THE
AVAILABILITY OF FUNDS; ALLOCATING FUNDS THEREFOR IN
AN AMOUNT NOT TO EXCEED $18,400 FROM THE SPECIAL
REVENUE FUND (RECREATION PROGRAMS FOR THE MENTALLY
RETARDED - FY'92".
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
24.8 AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO LEASE AGREEMENT
WITH UNITED STATES OF AMERICA ACTING THROUGH GENERAL SERVICES
ADMINISTRATION - FOR DEVELOPMENT OF THE MIAMI FEDERAL LAW ENFORCEMENT
BUILDING - CLARIFY TERM: COMMENCEMENT DATE FOR PAYMENT OF ANNUAL RENTAL
TO BE JANUARY 1, 1992.
RESOLUTION NO. 91-810
A RESOLUTION OF THE CITY OF MIAMI, FLORIDA, WITH AN
ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 2, IN SUBSTANTIALLY THE FORM ATTACHED,
TO A LEASE AGREEMENT DATED OCTOBER 22, 1987, AS
AMENDED, BETWEEN THE CITY AND THE UNITED STATES OF
AMERICA ACTING BY AND THROUGH THE GENERAL SERVICES
ADMINISTRATION FOR THE DEVELOPMENT OF THE MIAMI
FEDERAL LAW ENFORCEMENT BUILDING; CLARIFYING THE
TERM "COMMENCEMENT DATE" FOR PAYMENT OF ANNUAL
RENTAL TO BE JANUARY 1, 1992 AND CERTAIN OTHER
DETAILS IN CONNECTION THEREWITH.
72
November 14, 1991
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk,)
24.9 APPROVE, IN PRINCIPLE, A TRADE FAIR OF ITALIAN GOODS AND SERVICES AT THE
FLORIDA EAST COAST RAILWAY (FEC) TRACT - AUTHORIZE ISSUANCE OF A
REVOCABLE PERMIT TO BE ISSUED TO CONSORZIO ITALIA '94.
RESOLUTION NO. 91-811
A RESOLUTION APPROVING, IN PRINCIPLE, A TRADE FAIR
OF ITALIAN GOODS AND SERVICES TO BE HELD AT THE
FLORIDA EAST COAST RAILWAY ("FEC") TRACT LOCATED ON
BISCAYNE BOULEVARD NORTH OF BAYSIDE DURING THE
PERIOD OF AUGUST 15, 1992 THROUGH FEBRUARY 1, 1993;
FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER
TO PREPARE A REVOCABLE PERMIT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, TO BE ISSUED TO CONSORZIO
ITALIA '94 FOR THE USE OF SAID FEC TRACT; AND
FURTHER PROVIDING THAT SAID REVOCABLE PERMIT IS
SUBJECT TO THE CITY COMMISSION'S FINAL REVIEW AND
APPROVAL.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
24.10 RATIFY CITY MANAGER'S AUTHORIZATION OF: WSHE (RADIO STATION) TWENTIETH
ANNIVERSARY CONCERT HELD IN BICENTENNIAL PARK - RATIFY MODIFIED USER
FEES - EXECUTE AGREEMENT WITH CELLAR DOOR CONCERTS, INC.
RESOLUTION NO. 91-812
A RESOLUTION, WITH ATTACHMENT(S), RELATED TO THE
"WSHE (RADIO STATION) TWENTIETH ANNIVERSARY CONCERT"
HELD AT BICENTENNIAL PARK ON LABOR DAY, SEPTEMBER 2,
1991; RATIFYING, APPROVING AND CONFIRMING THE ACTION
OF THE CITY MANAGER IN AUTHORIZING SAID EVENT TO
PROCEED, IN ESTABLISHING MODIFIED FEES FOR THE USE
OF CITY FACILITIES FOR THE EVENT AND IN EXECUTING
THE ATTACHED AGREEMENT BETWEEN THE CITY OF MIAMI AND
CELLAR DOOR CONCERTS, INC. FOR SAID EVENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
73 November 14, 1991
—__ ,... .., .. �#PF�'?^'" . _u..-rxa� a:�".i--: _ ^us•w.-. -y4 ..yrr ..:r.,..;.., ..... ..: -.._ : ..__ —__ _ --
-i
1
24.11 RATIFY CITY MANAGER'S AUTHORIZATION OF: 1991 FRITO-LAY/CHEE-TOS FOOTBALL
CHALLENGE, A RECREATION PROGRAM FOR LOCAL YOUTH - RATIFY EXECUTION OF
AGREEMENT WITH STRATEGIC SPORTS SPECIALISTS, INC. FOR SPONSORSHIP OF
PROGRAM - ACCEPT DONATION FOR DEPARTMENT OF PARKS AND RECREATION
PROGRAMS.
RESOLUTION NO. 91-813
A RESOLUTION, WITH ATTACHMENT(S), RELATED TO THE
"1991 FRITO-LAY/CHEE-TOS FOOTBALL CHALLENGE', A
RECREATION PROGRAM FOR LOCAL YOUTH TO BE CONDUCTED
ON SPECIFIED DATES DURING THE PERIOD OCTOBER 1.2
THROUGH DECEMBER 1, 1991 IN CITY OF MIAMI PARKS;
RATIFYING, APPROVING AND CONFIRMING THE ACTION OF
THE CITY MANAGER IN AUTHORIZING SAID EVENT TO
PROCEED AND IN EXECUTING THE ATTACHED AGREEMENT
BETWEEN THE CITY OF MIAMI AND STRATEGIC SPORTS
SPECIALISTS, INC. FOR SPONSORSHIP OF SAID PROGRAM;
FURTHER ACCEPTING A DONATION FROM SAID FIRM IN THE
AMOUNT OF $1,250 FOR THE CITY'S DEPARTMENT OF PARKS
AND RECREATION PROGRAMS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
24.12 AUTHORIZE CITY MANAGER TO RETURN TO PAN AMERICAN WORLD AIRWAYS THE
ARTIFACTS WHICH HAD BEEN DONATED TO THE CITY FOR A PROPOSED HISTORICAL
AVIATION MUSEUM.
RESOLUTION NO. 91-814
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO RETURN TO PAN AMERICAN WORLD AIRWAYS'
REPRESENTATIVES THE PAN AMERICAN ARTIFACTS DONATED
TO THE CITY OF MIAMI BY SAID AIRLINE FOR A PROPOSED
HISTORICAL AVIATION MUSEUM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
74 November 14, 1991
2
24.13 DESIGNATE AS CATEGORY "B" PROJECT THE ACQUISITION OF ENGINEERING
SERVICES FOR REMOVAL OF UNDERGROUND STORAGE TANKS, CLEANUP AND
MONITORING OF CITY -OWNED UNDERGROUND STORAGE TANK SITES REQUIRED BY U.S.
ENVIRONMENTAL PROTECTION AGENCY (EPA) - AUTHORIZE ADVERTISING
REQUIREMENTS AND APPOINT CERTIFICATION COMMITTEE - APPOINT LUIS A.
PRIETO-PORTAR, DIRECTOR OF PUBLIC WORKS, AS CHAIRMAN OF COMPETITIVE
SELECTION COMMITTEE.
RESOLUTION NO. 91-815
A RESOLUTION DESIGNATING AS A CATEGORY "B" PROJECT
THE ACQUISITION OF ENGINEERING SERVICES FOR THE
REMOVAL OF UNDERGROUND STORAGE TANKS, CLEANUP AND
MONITORING OF CITY OWNED UNDERGROUND STORAGE TANK
SITES REQUIRED BY THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY; AUTHORIZING THE CITY MANAGER TO
ADVERTISE FOR THE REQUIRED PROFESSIONAL SERVICES;
APPOINTING A CERTIFICATION COMMITTEE OF NOT LESS
THAN THREE QUALIFIED PROFESSIONALS FROM THE CITY'S
STAFF AND APPOINTING LUIS A. PRIETO-PORTAR, DIRECTOR
OF PUBLIC WORKS, AS CHAIRMAN OF THE COMPETITIVE
SELECTION COMMITTEE, ALL IN ACCORDANCE WITH FLORIDA
STATUTES SECTION 287.055, AND CITY OF MIAMI
ORDINANCE NO. 9572, ADOPTED FEBRUARY 10, 1983, WHICH
ORDINANCE ESTABLISHED PROCEDURES FOR CONTRACTING FOR
SUCH PROFESSIONAL SERVICES AND ALSO ESTABLISHED
NEGOTIATION REQUIREMENTS WITH REGARD TO THE
FURNISHING OF SUCH SERVICES; AND FUNDED FROM FISCAL
YEAR 1990-91 CIP ORDINANCE NO. 10782 AND DIRECT
REIMBURSEMENTS FROM THE STATE OF FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
24.14 ALLOCATE $18,000 FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR CODE
ENFORCEMENT BOARD.
RESOLUTION NO. 91-816
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$18,000 FROM BUDGETED FUNDS OF THE PLANNING,
BUILDING AND ZONING DEPARTMENT FOR PAYMENT OF
COMPENSATION TO SPECIAL COUNSEL FOR THE CODE
ENFORCEMENT BOARD.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
75 November 14, 1991
24.15 AMEND RESOLUTION 91-417, RELATED TO THE 1992 CARNAVAL MIAMI, BY CHANGING
DATE OF 8K RUN AND REFLECTING CHANGE OF STREET CLOSURES.
RESOLUTION NO. 91-817
A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO.
91-417, ADOPTED JUNE 20, 1991, RELATED TO THE 1992
CARNAVAL MIAMI, THEREBY CHANGING THE DATE OF THE 8K
RUN FROM MARCH 14, 1992 TO MARCH 12, 1992 AND
FURTHER REFLECTING A CHANGE OF STREET CLOSURES FOR
SAID EVENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
24.16 GRANT REQUEST BY KING MANGO STRUT, INC., FOR CLOSURE OF DESIGNATED
STREETS CONCERNING THE TENTH ANNUAL KING MANGO STRUT PARADE.
RESOLUTION NO. 91-818
A RESOLUTION RELATED TO THE TENTH ANNUAL KING MANGO
STRUT PARADE TO BE CONDUCTED BY KING MANGO STRUT,
INC., ON SUNDAY, DECEMBER 29, 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; CONDITIONING ALL APPROVALS AND
AUTHORIZATIONS HEREIN UPON THE ORGANIZERS PAYING FOR
ALL THE NECESSARY COSTS OF CITY SERVICES AND FEES
ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE
TO PROTECT THE CITY IN THE AMOUNT PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
24.17 GRANT REQUEST BY COCONUT GROVE ASSOCIATION, INC., FOR CLOSURE OF
DESIGNATED STREETS CONCERNING THE 1992 COCONUT GROVE ARTS FESTIVAL -
ESTABLISH TEMPORARY PEDESTRIAN MALL AND AREA PROHIBITED TO RETAIL
PEDDLERS - AUTHORIZE BEER AND WINE PERMIT.
RESOLUTION NO. 91-819
A RESOLUTION RELATED TO THE 1992 COCONUT GROVE ARTS
FESTIVAL TO BE CONDUCTED BY THE COCONUT GROVE
ASSOCIATION, INC, ON FEBRUARY 15, 16 AND 17, 1992 IN
PEACOCK AND MEYERS PARKS VICINITY; AUTHORIZING THE
CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR
TRAFFIC AND ESTABLISHING A TEMPORARY PEDESTRIAN MALL
SUBJECT TO THE ISSUANCE OF PERMITS BY THE
76 November 14, 1991
W 0
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES; FURTHER ESTABLISHING AN AREA
PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF
SAID EVENT; AUTHORIZING A THREE-DAY PERMIT FOR THE
SALE OF BEER AND WINE SUBJECT TO THE ISSUANCE OF ALL
PERMITS REQUIRED BY LAW DURING THE EVENT;
CONDITIONING ALL APPROVALS AND AUTHORIZATIONS HEREIN
UPON THE ORGANIZERS PAYING FOR ALL THE NECESSARY
COSTS OF CITY SERVICES AND FEES ASSOCIATED WITH SAID
EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN
THE AMOUNT PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
24.18 GRANT REQUEST BY THREE KINGS PARADE, INC., FOR CLOSURE OF DESIGNATED
STREETS CONCERNING THE 21ST ANNUAL THREE KINGS DAY PARADE - ESTABLISH
AREA PROHIBITED TO NON -FESTIVAL RETAIL PEDDLERS.
RESOLUTION NO. 91-820
A RESOLUTION RELATED TO THE 21ST ANNUAL THREE KINGS
DAY PARADE TO BE CONDUCTED BY THREE KINGS PARADE,
INC., ON JANUARY 5, 1992; AUTHORIZING THE CLOSURE OF
DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC
SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES; ESTABLISHING AN AREA PROHIBITED
TO NON -FESTIVAL RETAIL PEDDLERS DURING THE PERIOD OF
SAID EVENT; CONDITIONING ALL APPROVALS AND
AUTHORIZATIONS HEREIN UPON THE ORGANIZERS PAYING FOR
ALL THE NECESSARY COSTS OF CITY SERVICES AND FEES
ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE
TO PROTECT THE CITY IN THE AMOUNT PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
24.19 GRANT REQUEST BY TASTE OF THE GROVE COMMITTEE FOR CLOSURE OF DESIGNATED
STREETS CONCERNING THE NINTH ANNUAL TASTE OF THE GROVE - AUTHORIZE BEER
AND WINE PERMIT - ESTABLISH AREA PROHIBITED TO NON -FESTIVAL RETAIL
PEDDLERS.
RESOLUTION NO. 91-821
A RESOLUTION RELATED TO THE NINTH ANNUAL TASTE OF
THE GROVE TO BE CONDUCTED BY THE TASTE OF THE GROVE
COMMITTEE, ON JANUARY 18-19, 1992; AUTHORIZING THE
77 November 14, 1991
t
v
CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR
TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES; AUTHORIZING A TWO-DAY PERMIT TO
SELL BEER AND WINE IN CONNECTION WITH SAID EVENT
SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY
LAW; ESTABLISHING AN AREA PROHIBITED TO NON -FESTIVAL
RETAIL PEDDLERS DURING THE PERIOD OF SAID EVENT;
CONDITIONING ALL APPROVALS AND AUTHORIZATIONS HEREIN
UPON THE ORGANIZERS PAYING FOR ALL THE NECESSARY
COSTS OF CITY SERVICES AND FEES ASSOCIATED WITH SAID
EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN
THE AMOUNT PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
25. (A)
ACCEPT BID: PROSEGUR, INC. - FOR FURNISHING ARMORED CAR SERVICES
TO FINANCE DEPARTMENT.
(B)
AUTHORIZE PURCHASE OF 150 ADDITIONAL DOME TOPS AND LINERS FOR
CONCRETE TRASH CONTAINERS - FROM GRANART, INC. - FOR GENERAL
SERVICE ADMINISTRATION AND SOLID WASTE DEPARTMENT (PROJECT
353007).
(C)
ACCEPT BID: DICTAPHONE CORPORATION - FOR FURNISHING SEVEN CALL
CHECK RECORDERS TO BE USED BY POLICE DEPARTMENT E-911 CENTER -
FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID
WASTE/COMMUNICATIONS DIVISION.
(D)
ACCEPT BID: HIGH TECH DIVING AND SAFETY - FOR FURNISHING THREE
HAZARDOUS MATERIALS DIVE SUITS AND ACCESSORIES - FOR POLICE
DEPARTMENT.
(E)
DISCUSSION CONCERNING LOCAL VENDORS AND MINORITY CONTRACTS.
------------------------------------------------------------------------------
Mayor Suarez: Item CA-1, Commissioner Alonso - Vice Mayor.
Commissioner Alonso: Yes, actually one, two, four, and six. What I'd like to
do is that perhaps we can vote in a package. I'm going to vote no, and I
wanted the privilege of pulling the items so I could...
Mayor Suarez: That's very correct approach to do it so that we can vote
collectively.
Commissioner Alonso: One, 2, 4, and 6.
Mayor Suarez: On 1, 2, 4, and 6 Commissioner wanted to separate the items to
be able to vote negatively on all four, and not vote negatively on the whole
agenda, consent agenda. Does anybody else have any questions on the items?
78 November 14, 1991
Commissioner Dawkins: One, 4, and 6?
Mayor Suarez: One, 2, 4, and 6. --
Commissioner Alonso: One, 2, 49 and 6. _
Commissioner Dawkins: One, 2, 4. I move 1, 2, 4, and 6.
Mayor Suarez: So moved.
Vice Mayor Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolutions were introduced by Commissioner Dawkins, who
moved their adoption:
RESOLUTION NO. 91-822
A RESOLUTION ACCEPTING THE BID OF PROSEGUR, INC., FOR
A TOTAL FIRST YEAR COST OF $6,600.00 FOR FURNISHING
ARMORED CAR SERVICES TO THE FINANCE DEPARTMENT ON A
CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY FOR
TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING
FUNDS THEREFOR FROM THE 1991-92 OPERATING BUDGET,
ACCOUNT CODE NO. 260301-340; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE PURCHASE ORDERS FOR THIS SERVICE AND THEREAFTER
TO EXTEND THE CONTRACT AT THE SAME PRICE, TERMS AND
CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
RESOLUTION NO. 91-823
A RESOLUTION AUTHORIZING THE PURCHASE OF 150
ADDITIONAL DOME TOPS AND LINERS FOR THE CITY'S
CONCRETE TRASH CONTAINERS FROM GRANART, INC., AT A
TOTAL PROPOSED AMOUNT OF $16,400.00 FOR THE GENERAL
SERVICES ADMINISTRATION AND SOLID WASTE DEPARTMENT;
ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT
PROJECT NO. 353007, ACCOUNT CODE NO. 353007-840;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
ACQUISITION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
79 November 14, 1991
RESOLUTION NO. 91-82.4
A RESOLUTION ACCEPTING THE BID OF DICTAPHONE
CORPORATION FOR FURNISHING SEVEN (7) CALL CHECK
RECORDERS FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE/COMMUNICATIONS DIVISION
TO BE USED BY THE POLICE DEPARTMENT E-911 CENTER AT A
TOTAL PROPOSED COST OF $12,110.00; ALLOCATING FUNDS
THEREFOR FROM PROJECT NO. 506001, ACCOUNT CODE NO.
420604-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
RESOLUTION NO. 91-825
A RESOLUTION ACCEPTING THE BID OF HIGH TECH DIVING &
SAFETY FOR FURNISHING THREE (3) HAZARDOUS MATERIALS
DIVE SUITS AND ACCESSORIES FOR THE DEPARTMENT OF
POLICE AT A TOTAL PROPOSED COST OF $14,457.00;
ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT
TRUST FUND, PROJECT NO. 690001, ACCOUNT CODE NO.
290974-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolutions were passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso.
ABSENT: None.
Mayor Suarez: Let me interrupt the roll call for a second. Commissioner
Alonso, is it because of not being minority?
Commissioner Alonso: Yes, because I have to insist again that it's
nonminority, nonlocal vendors, and until we resolve this situation, that I'm
satisfied with the situation, I will have to insist that it seems to me that
it's very unfair the number of bids that we are awarding to people who are not
local vendors and nonminorities is an excessive amount.
80 November 14, 1991
Mayor Suarez: Mr. Manager, I'm going to vote favorable to your item, but I
want to send the same message that Commissioner Alonso is suggesting we send.
And it troubles me, frankly. And the Commission may not know this, but I sent
a memorandum to you suggesting after meetings, because of the concerns that
you had expressed, Commissioner Alonso, meeting with Ron and with Judy Carter
and so on, that we have an office, a physical presence...
Mr. Odio: ...doing that. I received your memo, but that was a week ago.
Mayor Suarez: Yes, but the answer basically...no, you not only received it,
you answered it. And you were basically answering in the negative, in a very
nice way. But you're telling them basically you're not going to do it. Now,
I want this Commission to be aware that the idea is to have a physical
presence. Now, I don't know if we can call it legally for minority contract
procurement or minority development or if we can legally call it that. If
not, you know, call it whatever we want, but be it understood that we want to
help people who have not been in the past, who need help filling out the
forms, and maybe just a place where they can literally... I mean, I'd even put
to have coffee there. I mean literally come by, have some coffee in the
mornings, see what the notices are that are posted, get clarification on
deadlines, on the... Mr. Manager, this is really directed at you.
Commissioner Alonso: That's why it's so important that the memo that I sent
about the seminar...
Mayor Suarez: And the seminars too.
Commissioner Alonso: ...so we can make it an open issue into the community,
and we kind of instruct the people, have some guidelines. And we have a
process that is more open. And at least we will be truly satisfied that we're
doing everything possible to obtain this kind of response. And train and
prepare the people a little bit for the process. I think it's very helpful.
Mayor Suarez: Commissioner Dawkins wants to ask a question.
Commissioner Dawkins: No, to make a statement.
Mayor Suarez: I just wanted to know if... or make a statement... I just
wanted to know on my question, is there any chance that we can have a
permanent office so identified or not?
Mr. Ron Williams: Absolutely, Mr. Mayor, in the affirmative. By way of
explanation, our response to your letter...
Mayor Suarez: I must have misunderstood your memo that back to me then.
Mr. Williams: Well, it was more designed that we schedule it properly in
order that we could bring in on -call different kinds of resources. But
certainly we discussed the idea with you as you well know. The Manager's
response was in the affirmative and certainly we're working toward
accomplishing that.
Mayor Suarez: OK, I understood it to be in the ambiguous negative, and you
understand it to be in the affirmative. Now we understand each other.
81 November 14, 1991
Mr. Odio: No, I tell you what the ambiguous part was, that I'm not going to
go out and hire someone, but that we're...
Mayor Suarez: We didn't ask you to hire anybody.
Mr. Odio: Well, but that's...
Mayor Suarez: I got people, we got people here that can be...
Mr. Odio: Well, that's what I was trying to say.
Mayor Suarez: I just wanted a physical presence. And maybe a coffee machine.
And I'll get the donation of the coffee machine if that's a financial
imposition.
Mr. Odio: We'll take it.
Mr. Williams: It will be done, Mr. Mayor.
Mayor Suarez: All right. Commissioner Dawkins.
Commissioner Dawkins: I want the Manager and Mr. Williams and everybody else
to hear clearly what's being said up here. Now, I've been one vote against
your procurements, as you present them. I hear three people up here today
saying that they too are tired. So now when you bring stuff back and we turn
it down, you already know that we've told you today that if you do not
demonstrate and bring us... don't demonstrate nothing, bring us some minority
signed and sealed contracts, we're not going to vote for nothing. I mean, I
think that's what we've said.
Mayor Suarez: Do you have scheduled the seminars and well, of course, within
the law. Do you have scheduled the seminars, Ron, and the outreach efforts
with Miami Dade Chamber and with minority contractors, etcetera? The law
doesn't prohibit that. Do you have that already in place?
Mr. Williams: We have that working, Mr. Mayor. Certainly the chamber is
going to work with us, but, again, other... we want to...
Mayor Suarez: Specifically the outreach effort to go to them.
Mr. Williams: Absolutely.
Mayor Suarez: And, of course, as Commissioner Alonso is saying, they come to
us too in seminars at City Halt. Both of those.
Mr. Williams: That's the way we're going to do it, Mr. Mayor.
Mayor Suarez: All right. I sure hope so, because that's the only way legally
that I think we can improve our record. And otherwise, we're going to start
getting a tot of "no" votes and let...
Commissioner Alonso: Yes, I've been giving a lot of "no" votes for a long
long time now...
82 November 14, 1991
Mr. Williams: Well, Commissioner Alonso, you...
Mayor Suarez: Well, you may get three altogether.
Mr. Williams: You explained that to me when I met with you.
Commissioner Alonso: ...and I hope you have noticed that I've been saying it
every Commission meeting.
Mr. Williams: Yes, and the effort that you're proposing, we're certainly
going to work with you on that outreach effort involving all the communities
in order that we can bring you different kinds of presentations.
Mayor Suarez: It means folks, you know...
Commissioner Alonso: I believe that will help a lot.
Mayor Suarez: It means, folks, getting out of your office, and going out
there to where people are, businesses are, associations of trades people are,
and not expecting them to come to you. Because a lot of times, they don't
even have time. They come in the mornings just trying to figure out how to
pay their bills. And we got to help, and we've got the ability to do that,
legally. And that's one of the things we can do that we least get challenged
on. And I don't see any flaw in it legally.
Mr. Williams: Mr. Mayor, we also did send to each Commissioner's office, the
Manager's request that you participate with us per your recommendation at our
last meeting, so we've got a format to do that.
Commissioner Dawkins: No, it's not my job, Ron, to find... it's not my job to
find people for you to give stuff to. That's not my job. That's what we pay
you people for.
Mr. Odio: We were asked to do that. So...
Mayor Suarez: No, we did give them instructions that we wanted to get
involved in that process.
Commissioner Dawkins: But I'm also saying, Mr. Mayor, he cannot stand up
there and say the reason I have not done it is because you have not responded
to my memo. You can't do that.
Mr. Williams: Certainly that's not the reason I'm saying that, Commissioner
Dawkins.
Mayor Suarez: We consider that icing on the cake, and, believe me, with
$5,000 a year it's very inexpensive icing on the cake.
Commissioner Alonso: We don't feel... I, at least, don't feel right by giving
recommendations of different companies. I don't feel that at ease...
Mayor Suarez: Plus there's that issue. There's the issue of policy makers
who were ultimately going to vote on this being somehow involved, have an
83 November 14, 1991
issue in the process of suggesting people. And the possible improprieties or
appearance of improprieties of that. So, what I was thinking more myself,
Ron, is, when you make these presentations being a speaker, generically, and
going with you. And reminding them that they have people here that will be
attentive to their concerns, and, you know, bringing the message in that
collective way, not specifically precisely as now cautioned by Commissioner
Alonso.
-------------------------------------------------------------------------------
26. ACCEPT GRANT FROM U.S. DEPARTMENT OF INTERIOR, NATIONAL PARK SERVICE
($97,772.03) THROUGH FLORIDA DEPARTMENT OF NATURAL RESOURCES UNDER THE
LAND AND WATER CONSERVATION FUND PROGRAM - FOR IMPROVEMENTS TO LUMMUS
PARK.
-------------------------------------------------------------------------------
Mayor Suarez: OK, item CA-11. Margaret.
Ms. Margaret Miller: Margaret Miller, 328 N.W. 4th Avenue, and I'm here, of
course, hoping that you'll accept the grant having to do with improvements to
Lummus Park.
Mayor Suarez: Yes, ma'am.
Commissioner Alonso: Oh, yes.
Mayor Suarez: Do you have any reservations about it whatsoever?
Ms. Miller: What I want really to do today is thank so many people. I want
to thank the City Manager, the Commissioners, the Mayor. I want to thank
Charles Hudson and I want to thank Mr. Ruder and his department, Diane
Johnson. I want to thank the Planning and Zoning Department and Ann Gelabert
who has been listening to me for years with such understanding. I'm so
grateful to all of you, I can't tell you. And if I'm dreaming, please don't
wake me.
Mayor Suarez: It's been a long haul...
Ms. Miller: Yes, it has.
Mayor Suarez: ...and a long battle, and what you might want to do is send a
little letter to her institution, you know, saying that you're finally happy
about what we're doing there. Because we get a lot of letters of people who
are not happy. Very good.
Ms. Miller: Well, I'm certainly happy. I was loving everyone. I made some
calls yesterday saying that I sure love everyone in Miami.
Mayor Suarez: All right, ma'am.
Ms. Miller: OK, thank you.
Mayor Suarez: It's nice to see you in a positive note.
84 November 14, 1991
0
Commissioner Alonso: This is wonderful.
Mayor Suarez: Moved and seconded. Moved?
Commissioner Alonso: Yes.
Commissioner Dawkins: Second.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-826
A RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF
$97,882.03 FROM THE U.S. DEPARTMENT OF INTERIOR,
NATIONAL PARK SERVICE THROUGH THE FLORIDA DEPARTMENT
OF NATURAL RESOURCES UNDER THE LAND AND WATER
CONSERVATION FUND PROGRAM FOR IMPROVEMENTS TO LUMMUS
PARK, LOCATED AT 404 NORTHWEST THIRD STREET, MIAMI,
FLORIDA; 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.)
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.
85 November 14, 1991
27. AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH A.
FOSTER HIGGINS AND COMPANY, INC. - FOR EXPERT ACTUARIAL ASSISTANCE IN
PENSION MATTERS - ALLOCATE FUNDS FROM PENSION ADMINISTRATION TRUST FUND.
------------------------------------------------------------------------------
Mayor Suarez: Item CA-12. There was a concern by a member of the public or
by Commissioner Dawkins.
Commissioner Dawkins: No, I move it.
Mayor Suarez: OK. 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. 91-827
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM HERETO, WITH THE
FIRM OF A. FOSTER HIGGINS & CO., INC., FOR EXPERT
ACTUARIAL ASSISTANCE IN PENSION MATTERS AT A COST NOT
TO EXCEED $40,000 WITH FUNDS THEREFOR ALLOCATED FROM
THE PENSION ADMINISTRATION TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon be,;ng 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.
86
November 14, 1991
28. APPROVE GRANT OF EASEMENT TO METROPOLITAN DADE COUNTY FOR ITS
CONSTRUCTION, INSTALLATION AND MAINTENANCE OF A NEW 84 INCH DIAMETER
FORCE MAIN AND APPURTENANCES UNDER AND THROUGH CITY PROPERTY ON THE
SOUTHWESTERLY SIDE OF N.W. NORTH RIVER DRIVE AT N.W. 3 STREET.
Mayor Suarez: CA-19, Commissioner Dawkins.
Commissioner Dawkins: Mr. Manager, what is this, CA-19?
Mr. Odio: This is permission for the County, Miami Dade and Water & Sewer
Authority to begin to locate this pumping station. They need to change the
sixth and fourth main. This is what transmits the waste water from this
station to the Central District Waterfront Treatment Plant. This benefits the
who City of Miami, Commissioner.
Commissioner Dawkins: What other than what you see mentally as a benefit to
the City of Miami? What are we getting solidly, as compensation?
Mr. Odio: We don't get any monies from it.
Commissioner Dawkins: So, again...
Mr. Odio: But the pumping station has deteriorated, that if...
Commissioner Dawkins: Beg pardon?
Mr. Odio: This pumping station, if it completely deteriorates, you're going
to get waste water all over the City streets.
Mr. Luis Prieto: Exactly.
Mr. Odio: That's what will happen. So what we are actually doing is saying,
you need to replace this and you need to transmit a hundred percent of our
_ waste water to the main... to the central station. If this thing deteriorates
completely, as we think it will, within this year, you wouldn't have waste
water all over the street.
Commissioner Dawkins: OK. Well, I'm voting no. I don't care what they do.
I mean, every time I look the County is coming here for something and we don't
get any thing, and every time I look around, you all telling me, "oh," if we
don't do this, the City of Miami will float out into the ocean - no problem.
Go ahead, somebody, whatever you do.
Mayor Suarez: That's a fair enough reservation expressed and an explanation
of a negative vote. All right, on item CA-19, I'll entertain a motion.
Vice Mayor Plummer: Move it.
87 November 14, 1991
Mayor Suarez: Moved. I'll second.
Commissioner Alonso: Yes, I second.
Mayor Suarez: All right, seconded by Commissioner Alonso. Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-828
A RESOLUTION, WITH ATTACHMENTS, APPROVING A GRANT OF
EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO
METROPOLITAN DADE COUNTY FOR ITS CONSTRUCTION,
INSTALLATION AND MAINTENANCE OF A NEW 84 INCH DIAMETER
FORCE MAIN AND APPURTENANCES UNDER AND THROUGH CITY OF
MIAMI PROPERTY LOCATED ON THE SOUTHWESTERLY SIDE OF
NORTHWEST NORTH RIVER DRIVE AT NORTHWEST 3RD STREET;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
GRANT OF EASEMENT ON BEHALF OF THE CITY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner Victor De Yurre.
ABSENT: None.
29. DISCUSS AND DEFER FURTHER DISCUSSION CONCERNING THE DISPARITY STUDY OF
THE JANUARY 9TH MEETING.
Mayor Suarez: Item 10. Pursuant to Commission directive at its meeting of
October 3, 1991, discussion concerning disparity study. Mr. Goldfarb, asked
me questions about this yesterday and I had thought that it had not been
received by my office and I am remiss in thinking that, or incorrect in
thinking that. Actually it had been received and was in the hands of one of
my assistants who was going through it without my knowledge, which is still
helpful because she gave me input and a written memo on it. But when did the
result of the disparity study go out?
Mr. Ron Williams: The Commission awarded the contract, Mr. Mayor...
88 November 14, 1991
Mayor Suarez: When did we get that nice, big, fat report?
Mr. Williams: In November.
Commissioner Alonso: Very short time.
Mr. Williams: When did we receive it, Mr. Mayor, or when did it go out?
Mayor Suarez: When did we, up here on the Commission get it? I just want a
clarification, Ron. You are about to give me the history about this doggone
thing.
Mr. Williams: Last Friday, Mr. Mayor.
Mayor Suarez: All right. Somehow, it didn't get into my hands until
yesterday...
Commissioner Dawkins: Last Friday?
Mayor Suarez: ... but that maybe me, because my...
Commissioner Alonso: It arrived in the offices, late Friday.
Commissioner Dawkins: No, no, no. We received the agenda Friday. The
disparity study was not with the agenda, Mr. Williams.
Commissioner Alonso: That's right.
Mr. Williams: It should have been, Commissioner Dawkins.
Commissioner Dawkins: OK. You see, should and was is different. It did not
come Friday, Mr. Williams.
Mr. Williams: It should have been a part of your package.
Commissioner Dawkins: It was not.
Commissioner Alonso: It was not. Definitely, not.
Mr. Williams: As I said earlier, if it did not come with the package then we
erred. We needed...
Commissioner Alonso: It was not part of the package.
Commissioner Dawkins: It might have been delivered separately, Monday. It
might have been.
Mr. Williams: OK. But as you recall, you asked that we bring this back to
you at this meeting.
Mr. Odio: According to... Aurelio said they were distributed Friday to your
office, Commissioner.
89 November 14, 1991
Commissioner Dawkins: Beg pardon?
Mr. Odio: He is telling me that they were distributed to your offices on
Friday.
Commissioner Dawkins: Why... OK. Why would you deliver the agenda package to
my house and bring me the disparity study to my office down here?
Mr. Aurelio Perez-Lugones: There was one per Commissioner.
Commissioner Dawkins: Beg pardon?
Mr. Odio: Because we didn't...
Mr. Perez-Lugones: We only have one report per Commissioner.
Commissioner Alonso: It doesn't change the fact.
Commissioner Dawkins: One what, now?
Mr. Williams: One per Commissioner is what he is saying.
Commissioner Alonso: One per Commissioner.
Commissioner Dawkins: One, what now?
Mayor Suarez: We have one report per Commissioner.
Commissioner Dawkins: Well then, so what? - you still... my house is my
house.
Mr. Williams: It was last week, Commissioner Dawkins.
Commissioner Dawkins: OK. All right.
got mine because I need it.
Mayor Suarez: We ended up...
Let me go over here and see if I still
Commissioner Alonso: The bottom line is that it's a very short time to digest
all of this Friday for today in a serious manner if we want go over, more time
was needed.
Mayor Suarez: Yes, and in view of that, unless the Commission feels
otherwise, and given how advanced the hour is, and how many items, I would
just assume defer this discussion. It doesn't keep anybody from saying
anything they want about it. We don't need to accept formally...
Vice Mayor Plummer: On the 5th.
Mayor Suarez: Right, and I think we ought to take it up in December.
Mr. Williams: No, you don't, Mr. Mayor. But if you will recall, you
specifically asked that we get it back to you.
90 November 14, 1991
Mayor Suarez: OK.
Mr. Williams: I expressed at that point we had a short time frame and we want
to respond to the Commission's concern.
Mayor Suarez: Great.
Mr. Williams: And certainly, we want you to have all the time you need. As a
matter of fact, we would like to sit with you individually and discuss aspects
of it along with our consultants so that you fully understand the
implications.
Mayor Suarez: Yes, and the reason that I asked about the delivery of it, had
nothing to do with putting any burden on you. It's just that I got an inquiry
from the Miami Herald on Tuesday and I had not seen it. Now, it turns out we
did receive it on Tuesday and my staff person was looking at it - it was Ms.
Ambey, and she actually went through it, I had not. And I just wanted to know
that for that reason. Unless any Commissioner...
Commissioner Alonso: Unless they have something that they believe it's
important for us to hear at this particular time...
Mayor Suarez: That we... yes, that we ought to hear today that we can't wait
until December.
Commissioner Alonso: ... then we should and then continue to go over and
then, ask the questions that I am sure we are going to have. For example,
there was a matter of concern to me that they gave us additional pages because
of mistakes in the content of the original package and somehow, that gave me a
feeling of - could it be something else that is not...?
Mr. Williams: There is no required immediate action. We certainly can take
the time to have you digest and sit with you and bring it back to you.
Commissioner Alonso: Yes. Do you have anything - additional information?
Mr. Williams: Not at this point. We wanted to respond to the Commission's
concern and bring it here to you today. Would you like to try and schedule
for the next meeting?
Commissioner Dawkins: No, I'd do it on December 15th.
Commissioner Alonso: I think so, I think we should.
Commissioner Dawkins: OK, I'll like to...
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: I'd like to make a...
Mayor Suarez: We have generally stated that because of the shortness of time
that we can complete the discussion on December 5th but if you have any
questions at this point, go ahead, please.
91 November 14, 1991
�i
Commissioner Dawkins: I have a statement.
Mayor Suarez: Or a statement.
Commissioner Dawkins: When you come back on the 15th - no, this is for the
consultants, you need to tell me how creative you were in arriving at your —
findings. I have a problem with your findings. I also have a problem... I
also want to know from you if you had had more money, would you have been more
creative? - See, how in the hell can you all listen to me... OK, this is the
same firm that stood up here and told me that another firm could do this study
for a hundred and twenty-five thousand dollars ($125,000) and they could do a
better job for a hundred thousand dollars ($100,000). You got a hundred
thousand dollars, now you come back and tell me there is no such thing as
disparity in the City of Miami - no, he can say this on the 15th, I'm just _
telling him how I feel - no, no, no, this you can discuss on the 15th, because
I would have read more and be ready more.
Vice Mayor Plummer: On the 5th.
Commissioner Dawkins: Then you come back after spending a hundred thousand
dollars and tell me that, which we told you to find was wrong. You were not
creative, you did not try in any way to reach the conclusion that we wanted -
in any way. So on the 15th, we can discuss that. OK, thank you. No, sir.
Unidentified Speaker: I just want to make one small consideration.
Mayor Suarez: You know, if he had said at the end of that, "and therefore, we
are not going to pay you" then I would be inclined to take any kind of
testimony. Otherwise, let's just do it on... he is saying the way he feels
about it. Let me tell you, preliminary, it strikes all of us as not being
exactly what we were looking for, although a study is a study, it's got to
have total objectivity to be valid, and you're trying to validate, I think,
our ordinance. So, we would expect objectivity. But I would caution you to
take all of these comments to heart and give us something very, very specific,
and clear, and responsive on December 5th. How about that? - All Right? Your
integrity and capacity is not impugned in any way today, we're just sort of
making off-the-cuff statements of how we feel.
Mr. Odio: Can I add something, Commissioner?
Mayor Suarez: Yes.
Mr. Odio: Could we bring it back in the meeting of January 1st, because in
December, we only have one meeting and we are going to be with Planning &
Zoning in the same meeting and regular agenda.
Commissioner Dawkins: I have no problem.
Vice Mayor Plummer: That's a religious.... - that should be. You have more
0� time in January.
Mr. Odio: Please, January 9th.
Commissioner Alonso: January 9th?
92 November 14, 1991
Mr. Odio: January 9th.
Commissioner Dawkins: Or, if the Mayor wants... if necessary, we could call a
special meeting, I don't mind.
Mayor Suarez: It could conceivably be necessary if this is needed to validate
our ordinance - of course, if it invalidates our ordinance, then we are really
in trouble.
Mr. Williams: Can we be assured that if we come back here again...
Mayor Suarez: You will be heard?
Mr. Williams: ... that we actually will...
Commissioner Dawkins: No, sir, you've been paid a hundred thousand dollars,
sir. Why do you want to be assured?
Mayor Suarez: We're not going to give you a pre -assurance but, you know, we
typically take up the items when they are scheduled. This was an unusual
situation, I mean, we will take you up. OK, Commissioners, you want to make
it on...
Commissioner Alonso: And the only reason is, this is a very important piece
of material.
Mayor Suarez: Yes. And lengthy and complex...
Commissioner Alonso: And we feel that we should go over it very carefully.
Mayor Suarez: ... and so far in its findings, counter intuitive for us.
January 9th, the item is scheduled for. I'll entertain a motion.
Commissioner Dawkins: So moved.
Commissioner Alonso: I second.
Mayor Suarez: Moved and second. Any discussion? If not, please call the
roll.
Mr. Williams: Mr. mayor, if I may, we again, will be contacting your offices
individually to try and schedule appointments.
Mayor Suarez: Yes, Ron, please do that. You don't have to put that in the
record. Call the roll.
ON A MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY
COMMISSIONER ALONSO THE ABOVE ITEM WAS DEFERRED TO THE COMMISSION
MEETING ON JANUARY 9, 1992, BY THE FOLLOWING VOTE:
93 November 14, 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.
30. APPOINT INDIVIDUAL TO SERVE AS A MEMBER OF THE MIAMI SPORTS AND
EXHIBITION AUTHORITY (Appointed was: Jose Cancela).
------------------------------------------------------------------------------
Mayor Suarez: Item 11. Amending ordinance to...
Vice Mayor Plummer: Mr. Mayor.
Mayor Suarez: Yes.
Vice Mayor Plummer: If I may, please, for some reason there is some
discrepancy about one of my appointments that needs to be ratified. I did in
fact, appoint Mr. Jose Cancels to the Sports Authority but they are saying
that there was some problem, so once again, I would offer a motion at this
time to ratify...
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
Commissioner Alonso: Also the name should be corrected in the form that was
sent to me. In this one it's right, in the one that I have in my package,
somehow, it's...
Mayor Suarez: Someone misspelled the name.
Commissioner Dawkins: That was not an appointment of today, this is a past
appointment that is being ratified.
Commissioner Alonso: I know, but it is in the package. A copy of that, I
think it's item...
Vice Mayor Plummer: OK.
Commissioner Alonso: Anyway, let's take... call the roll.
Mayor Suarez: Call the roll.
94
November 14, 1991
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-829
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A
MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY.
(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.
31. EMERGENCY ORDINANCE: AMEND 10021, WHICH ESTABLISHED INITIAL RESOURCES
AND APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND - PROVIDE FOR AN
INCREASE OF $186,500 AS A RESULT OF SUCCESSFUL FORFEITURE ACTIONS.
Mayor Suarez: On item 11, emergency ordinance.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved. Establishing initial resources and appropriations for
the Law Enforcement Trust Fund. - Action that we have already taken. Is that
what this is?
Mr. Odio: This is for programs that we already approved. The "Cops and Kids"
and the "Better Way" and...
Mayor Suarez: All right.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and second. Any discussion? If not, please read the
ordinance. The nature of the emergency is that we must spend it forthwith.
Mr. Odio: You have to allocate the funds so we can go ahead and spend the
money.
95 November 14, 1991
Ll
Mayor Suarez: Because the programs are ongoing and in short supply of money.
Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 100211
ADOPTED ON JULY 18, 1985, AS AMENDED, WHICH
ESTABLISHED INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND
RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO. 9257,
ADOPTED APRIL 9, 1981, TO PROVIDE FOR AN INCREASE IN
THE AMOUNT OF $166,500 AS A RESULT OF ADDITIONAL
MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL
FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
Was introduced by 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:
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. 10933
96 November 14, 1991
32. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: DRUG FREE
NEIGHBORHOOD TASK FORCE - AUTHORIZE CITY MANAGER TO ACCEPT BUREAU OF
JUSTICE GRANT FROM METROPOLITAN DADE COUNTY.
------------------------------------------------------------------------------
Mayor Suarez: Item 12. Emergency ordinance.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved. Special revenue fund entitled...
Commissioner Alonso: Second.
Mayor Suarez: "Drug Free Neighborhood Task Force" - seconded.
Commissioner Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: What is a "narcotics information network consultant?"
Lt. Joe Longueira: Sir, that is... through one of the agencies in the Task
Force, they have obtained the consulting services of the firm of Booz Allen.
They are helping to create the network between all of the agencies that are
operating under this grant, to coordinate information and exchange information
between each other.
Commissioner Dawkins: What special expertise would a firm need in order to
qualify to become a narcotics information network consultant?
Lt. Longueira: I couldn't tell you that off the top of my head, sir.
Commissioner Dawkins: Well, how could you hire one if you did not know what
you are looking for?
Lt. Longueira: We are not actually hiring them, sir. I believe, Coral Gables
is the agency in the task force. We are making a part contribution...
Vice Mayor Plummer: Part share.
Lt. Longueira: ... from the grant monies.
Commissioner Dawkins: And you did not question Coral Gables as to what they
hired, what it looked like, and why the consultant it hired was the consultant
for the job? You did not... you just said, OK, here is the money because we
got it as a grant.
Lt. Longueira: Well, someone else may have asked that question. It may have
been that Booz Allen was in the application.
Commissioner Dawkins: You know what? - hold it, hold it. You know, Joe...
97 November 14, 1991
Lt. Longueira: Yes, sir.
Commissioner Dawkins: . somewhere over there in the Police Department,
there is a breakdown, OK? The Police Department gets the agenda the same time
the Commissioners get the agenda, and every time we have a Commission meeting,
Joe, and we, the Commissioners, question something about this Commission, you
say, "I'll get back to you." Now, why? You do not have enough manpower, or
what's the reason, Joe?
Lt. Longueira: I can't think of every conceivable question that you're going
to come up with. I try, believe me.
Commissioner Dawkins: OK. Well, then if you can't think, then how many
people work with you on preparing you to answer the questions of the
Commissioners about the agenda? How many people?
Lt. Longueira: I meet the day before the meeting at three o'clock in the
afternoon with representatives from throughout the department. We used to
have Commission briefings with the Commissioner's staff to try and do this and
nobody came, and they were discontinued. You know...
Commissioner Dawkins: Joe, how many people meet with you to prepare you to
attempt to answer anticipated questions of the Commissioners?
Lt. Longueira: It's different every meeting, I'm sorry. - Anywhere from five
to ten.
Commissioner Dawkins: All right. How soon before the Commission meeting?
Lt. Longueira: The day before.
Commissioner Dawkins: So, you all got some geniuses over there who could sit
down the day before for two hours and come up with the answers that we might
have.
Lt. Longueira: No, normally, they get the agenda on Monday, they try and get
some answers for me by Wednesday afternoon.
Vice Mayor Plummer: Plus the fact that we also have through the Commission
Awareness Program, and I can give you, or share this with you at anytime that
you want, those items relating to Police and Fire, my office does, and make
inquiry, and does get somewhat of a breakdown further than what is on the
agenda.
Mayor Suarez: OK. And specifically, then substantively, either Vice Mayor
Plummer, or yourself, Lieutenant, in answering Commissioner Dawkins' question
and trying to figure out what this is all about - is 13 related to 12?
Lt. Longueira: Yes.
Commissioner Dawkins: Yes, it is, Mr. Mayor.
Mayor Suarez: All right. Thirteen, we get the money?
98 November 14, 1991
Commissioner Dawkins: No, 12 we get the money.
Lt. Longueira: Forty-two thousand and...
Commissioner Dawkins: Twelve, we get the money. -
Lt. Longueira: Twelve, we get the money, thirteen, we are spending eleven
thousand of it.
Commissioner Alonso: We spend the money...
Vice Mayor Plummer: Right - of it
Mayor Suarez: All right. What happens to the rest?
Lt. Longueira: The rest of the money is going for a prisoner transport van.
Mayor Suarez: Ah, that's what I am thinking about. In other words..
Lt. Longueira: That's the balance.
Mayor Suarez: Aside from a NINC (Narcotics Information Networks Consultant)
which was the acronym for whatever it is that is a narcotics information,
something or the other, expert, Booz Allen and et cetera., what we are talking
about here in this specific... because I would not vote for a general revenue
expenditure which this is not, but if it were - for this expert that you are
not able to tell us intuitively to me, has no bearing on police work as I
understand it. But, what we are saying here...
Lt. Longueira: Well...
Mayor Suarez: Wait, wait, wait, what we are saying here is we are accepting,
we are participating in this program to the tune of $42,000 and on item 13,
$11,750 will go to our Drug Free Neighborhood Task Force and you are saying
the rest, ultimately, will go for a concrete item, as specifically, a van,
right?
Lt. Longueira: Yes, sir.
Mayor Suarez: So, we are talking things that I can understand.
Vice Mayor Plummer: Also, leasing of computers.
Lt. Longueira: Thirty-one thousand goes for the van and of the eleven
thousand, some goes for printing, some goes for the consultant, and some goes
for the leasing of computer equipment for the network.
Mayor Suarez: And the totality of funds come from Metropolitan Dade County,
or from the US government through the justice grant? - Bureau of Justice.
Lt. Longueira: The totality of the money directly coming into the City is
forty-two thousand nine sixty-seven, but on top of that, the City gets an
additional two hundred thousand from the County, but we... it's for overtime
and we bill them as we expend the overtime.
99 November 14, 1991
E
Mayor Suarez: OK. And what is the Bureau of Justice?
Lt. Longueira: Assistance.
Mayor Suarez: What is that? What agency is that, and what department of what
government?
Lt. Longueira: The Bureau of Justice Assistance is under the Justice
Department of the federal government.
Mayor Suarez: So, it is the Justice Department?
Lt. Longueira: Right. And this grant is under the HIDT grant, remember the
High Insensitivity Drug Traffic?
Mayor Suarez: There is a point in which we have to defer to your judgement.
I just didn't want to take general revenues of the City of Miami...
Lt. Longueira: No.
Mayor Suarez: ... to apply it to some expert in some field that I am not
sufficiently familiar when I know that we need those monies from the general
revenues to pay police officers, parks employees, et cetera, to do the Lord's
work out there. As far as I am concerned, if this is your recommendation, I
just can't go beyond that, but at least, we've got some explanations. All
right, on item 12, I'll entertain a motion on the ordinance.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Second. Read the ordinance, please. Call the roil.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ORDINANCE ESTABLISHING A NEW
SPECIAL REVENUE FUND ENTITLED: "DRUG FREE
NEIGHBORHOOD TASK FORCE"; APPROPRIATING FUNDS FOR
OPERATION OF SAME IN AN AMOUNT NOT TO EXCEED $42,967;
AUTHORIZING THE CITY MANAGER TO ACCEPT $42,967 FROM
METROPOLITAN DADE COUNTY FROM A UNITED STATES JUSTICE
DEPARTMENT GRANT OF $400,000 TO BE ADMINISTERED BY
METROPOLITAN DADE COUNTY; FURTHER AUTHORIZING THE CITY
MANAGER TO ENTER INTO ANY NECESSARY AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE
ACCEPTANCE OF THE $42,967 FOR THE PURCHASE OF
EQUIPMENT AND RELATED COSTS; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
100 November 14, 1991
a
Was introduced by Vice Mayor Plummer and seconded by Commissioner
Alonso, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner 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 Alonso, adopted said ordinance 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10934.
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.
33. APPROVE EXPENDITURE OF FUNDS FROM SPECIAL REVENUE FUND: DRUG FREE
NEIGHBORHOOD TASK FORCE, IN COMPLIANCE WITH BUREAU OF JUSTICE GRANT
AGREEMENT.
Mayor Suarez: Item 13, companion item. I'll entertain a motion on it.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
101 November 14, 1991
*A
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-830
A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FROM
THE SPECIAL REVENUE FUND ENTITLED: "DRUG FREE
NEIGHBORHOOD TASK FORCE," IN AMOUNT NOT TO EXCEED
$11,750, IN COMPLIANCE WITH THE TERMS AND CONDITIONS
OF THE BUREAU OF JUSTICE GRANT 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.
NOES: Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: No, I vote no, and the reason I vote no is that I just
do not understand how my Police Department could be paying seven thousand
dollars ($7,000) to the City of Coral Gables for a consultant's fee and they
don't know what the consultant's charge was or what the consultant was
supposed to bring back. Not that I am against the study but I just feel that
we should... I, should have more information as to what the consultant was
supposed to do. I vote no.
Mayor Suarez: Let me join Commissioner Dawkins in a no vote. I would defer
to your judgement. I just believe that we need to know why all these experts.
I worry about experts all the time. I think they spend... cost more money and
produce more hassles than anything else.
COMMENTS MADE AFTER ROLL CALL:
Lt. Longueira: Well, I can tell you why there is an expert, but...
Commissioner Dawkins: You've got your vote.
Vice Mayor Plummer: Quit while you're ahead.
Mayor Suarez: Well, you've got your majority vote. Make sure that next time
we know in advance, Joe, because at some point, you may lose the majority.
Vice Mayor Plummer: What time are we coming back?
102 November 14, 1991
Mayor Suarez: Ladies and gentlemen, I know that Commissioner... Vice Mayor
Plummer, until December 1, has been sick.
Vice Mayor Plummer: No, no.
Commissioner Dawkins: No, he has been ill - he has been sick all his life.
Vice Mayor Plummer: Two o'clock.
Mayor Suarez: What is your preference? We've got a lot of item. Aurelio,
what do you think? Planning & Zoning items begin at what time? We have some
scheduled for...
Commissioner Dawkins: I'm leaving at five o'clock. I've got to leave at five
o'clock.
Mayor Suarez: Yes, we better start at two o'clock. We are recessed until two
because we are going to have to go through as much as we can by 5:00 p.m. if
Commissioner... so, we are recessed. This Commission stands recessed until
2:00 p.m. - please, sharp, every one.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:01 P.M. AND RECONVENED AT 2:02 P.M. WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT COMMISSIONERS DE YURRE AND ALONSO.
------------------------------------- -------- ---------------------------------
34. FIRST READING ORDINANCE: GRANT TO PEOPLES GAS SYSTEM, INC. A GAS
FRANCHISE - EXECUTE AGREEMENT.
Mayor Suarez: Item 14. So moved....
Vice Mayor Plummer: Mr. Mayor, I...
Commissioner Dawkins: Second.
Mayor Suarez: ... and seconded.
Commissioner Dawkins: No, no, we don't need no editorials now, let's move the
agenda.
Commissioner Dawkins: No, I had tried to put some stumbling blocks on this
before not realizing that in fact that the percentage that they are offering
is doubled what the previous percentage was and so for that reason.
Mayor Suarez: All right. You're satisfied?
Vice Mayor Plummer: Yes, sir.
103 November 14, 1991
a a'
Mayor Suarez: That's why they call him the "TACANO" Commissioner. All right,
call the roll. - Which means, he is a cheapskate.
Vice Mayor Plummer: Wait a minute, that's an ordinance.
Ms. Matty Hirai: Oh, it's an ordinance. It has to be read.
Mayor Suarez: Read the ordinance, please. Call the roll, please.
AN ORDINANCE ENTITLED -
AN ORDINANCE GRANTING TO PEOPLES GAS SYSTEM, INC., ITS
SUCCESSORS AND ASSIGNS, A GAS FRANCHISE; AUTHORIZING
THE CITY MANAGER, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
MIAMI AND PEOPLES GAS SYSTEM TO IMPLEMENT THE
PROVISIONS OF SAID FRANCHISE; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
Was introduced by Vice Mayor Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Miriam Alonso
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
------------------------------------------------------------------------------
35. AUTHORIZE CITY ATTORNEY TO INITIATE LEGAL PROCEEDINGS AGAINST BILLY
HARDEMON (d/b/a HARDEMON'S MARKET) TO RECOVER LOAN FUND (Model City
Small Business Development Pilot Loan Program).
------------------------------------------------------------------------------
Mayor Suarez: Item 15.
Vice Mayor Plummer: Move 15.
Commissioner Dawkins: Second.
Mayor Suarez: It's been moved and seconded. Any discussion? If not, please
call the roll.
104 November 14, 1991
4b a
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-831
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INITIATE
APPROPRIATE LEGAL PROCEEDINGS AND CIVIL ACTION AGAINST
BILLY HARDEMON, D/B/A/ HARDEMON'S MARKET, TO RECOVER
LOAN FUNDS PROVIDED TO SAID INDIVIDUAL FROM THE MODEL
CITY SMALL BUSINESS DEVELOPMENT PILOT LOAN PROGRAM IN
THE AMOUNT OF $24,641.75.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Miriam Alonso
36. AMEND 91-512 - INCREASE ALLOCATION OF 17TH YEAR COMMUNITY DEVELOPMENT
BLOCK (CDBG) FUNDS TO PREVIOUSLY NAMED SOCIAL SERVICE AGENCIES BY
$143,338 (TO A TOTAL OF $1,886,370).
------------------------------------------------------------------------------
Mayor Suarez: Item 16.
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and second.
roll.
Any discussion? If not, please call the
105 November 14, 1991
4 0
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-832
A RESOLUTION AMENDING RESOLUTION NO. 91-512, ADOPTED
JULY 11, 1991 BY INCREASING THE ALLOCATION OF
SEVENTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10885,
ADOPTED MAY 9, 1991, TO PREVIOUSLY NAMED SOCIAL
SERVICE AGENCIES BY $143,338 THEREBY INCREASING THE
TOTAL SEVENTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT ALLOCATIONS FOR APPROVED SOCIAL SERVICE PROJECTS
FROM $1,743,032 TO $1,886,370; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE AGREEMENTS IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES
FOR SAID PROJECTS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Miriam Alonso
37. AUTHORIZE CITY MANAGER TO ACCEPT GRANTS FROM SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM (SFETC): (a) $509,510 OF TITLE II -A JTPA FUNDS
TO OPERATE THE NEIGHBORHOODS JOBS PROGRAM, AND (b) $121,335 OF TITLE III
JTPA FUNDS TO OPERATE A JOBS PROGRAM FOR DISLOCATED WORKERS.
Mayor Suarez: Item 17, SF...
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Second.
Mayor Suarez: ... South Florida Training Employment Consortium. Moved and
seconded. Any discussion? If not, please call the roll.
November 14, 1991
U
a
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-833
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A
GRANT FROM THE SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM (SFETC) IN THE AMOUNT OF $509,510 OF TITLE
II -A JTPA FUNDS TO OPERATE THE NEIGHBORHOOD JOBS
PROGRAM AND ALSO TO ACCEPT A GRANT FROM THE (SFETC) IN
THE AMOUNT OF $121,335 OF TITLE III JTPA FUNDS TO
OPERATE A JOBS PROGRAM FOR DISLOCATED WORKERS; FURTHER
AUTHORIZING THE CITY MANAGER TO ENTER INTO THE
NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Miriam Alonso
38. FIRST READING ORDINANCE: ESTABLISH TWO NEW SPECIAL REVENUE FUNDS: (a)
JTPA TITLE II -A (PY -91) AND (b) JTPA TITLE III (PY -91) - FROM SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFETC).
Mayor Suarez: Item 18.
Vice Mayor Plummer: Move it.
Mayor Suarez: New special revenue funds - "JTPA."
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion?
Commissioner Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
107 November 14, 1991
Commissioner Dawkins: Mr. Manager, I asked you for a report monthly on the
number of - what's that, ex -offenders that we are serving...
Mr. Odio: Yes, sir.
Commissioner Dawkins: ... and I got one report. Would you check and see why
I have not gotten the others? - at a later time, please?
Mr. Castaneda: We'll give it out right now.
Mr. Odio: We'll give it to you right now, Commissioner.
Commissioner Dawkins: No... Let's don't...
Mr. Odio: But it should be sent to him every month.
Commissioner Dawkins: ... OK, no problem.
Mr. Odio: He should get one every month.
Commissioner Dawkins: Call the roll, Mr. Mayor.
Mr. Quinn Jones: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Jones: Eighteen is an ordinance.
Vice Mayor Plummer: Read it.
Mayor Suarez: Please read the ordinance. Call the roll, please.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING TWO (2) NEW SPECIAL REVENUE
FUNDS ENTITLED: "JTPA TITLE II -A *(PY'91)" AND "JTPA
TITLE III (PY'91)11; APPROPRIATING FUNDS FOR OPERATION
OF EACH COMPONENT IN THE RESPECTIVE AMOUNTS OF
$509,510 AND $121,335 FROM THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE
Was introduced by Vice Mayor Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Miriam Alonso
108 November 14, 1991
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: More botellas.
39. ACCEPT GRANT ($13,000) FROM SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM (SFETC) TO OPERATE A STAY -IN -SCHOOL PROGRAM UNDER JTPA TITLE
II -A.
Mayor Suarez: Item 19.
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll on 19.
Vice Mayor Plummer: Frank, you got more botellas.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-834
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A
GRANT FROM THE SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM (SFETC) IN THE AMOUNT OF $13,000 TO OPERATE
A STAY -IN -SCHOOL PROGRAM UNDER JTPA TITLE II -A;
FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH THE SFETC FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Miriam Alonso
109 November 14, 1991
-------------------------------------------------------- ---------------------
40. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: STAY IN
SCHOOL PROGRAM (FY '91) JTPA TITLE II -A - APPROPRIATE $13,000 FROM SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFETC) GRANT.
---------------------------------------------------------------•---------------
Mayor Suarez: Item 20.
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Second. Call the roll.
NOTE FOR THE RECORD: At this point, Commissioner
Alonso entered the meeting at 2:05 P.M.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "STAY IN SCHOOL PROGRAM (FY191) JTPA II -A";
APPROPRIATING FUNDS FOR THE OPERATION OF SAID PROGRAM
IN THE AMOUNT OF $13,000 FROM THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE
Was introduced by Vice Mayor Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Ms. Matty Hirai: Commissioner, are you voting on item 20?
Commissioner Alonso: What item?
Vice Mayor Plummer: Twenty.
110 November 14, 1991
Ms. Hirai: Twenty.
Vice Mayor Plummer: It's part of the consortium, JTPA - job programs.
Commissioner Alonso: Oh, yes.
41. APPROVE CHIEF PROCUREMENT OFFICER'S REJECTION OF PROTEST FROM ANDY FRAIN
SERVICES CONCERNING RFP FOR USHERS, TICKET TAKERS AND PEER GROUP
SECURITY SERVICES FOR THE ORANGE BOWL CLASSIC GAME AND OTHER EVENTS AT
ORANGE BOWL.
NOTE FOR THE RECORD: At this point, the Mayor
recognizes the presence of Commissioner Natasha Milan
for the City of Hialeah.
Mayor Suarez: Item 21.
Vice Mayor Plummer: Is there anyone here to protest? If there is no one
here, I'll move it.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded, and before we vote, I've been admonished
correctly to recognize Hialeah Council woman - I always get that wrong, but
council member, council person...
Commissioner Alonso: Council person.
Mayor Suarez: ... council woman sounds right - Commissioner Alonso is our
official advisor on these matters. Natasha Milan, who was reelected by a
hundred percent of the vote because she didn't have to stand for reelection in
the recent elections. Call the roll, please.
ill November 14, 1991
,4b
Ll
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-835
A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S
DECISION TO REJECT THE PROTEST RECEIVED FROM ANDY
FRAIN SERVICES IN CONNECTION WITH THE CITY'S REQUEST
FOR PROPOSALS (RFP) FOR USHERS, TICKET TAKERS AND PEER
GROUP SECURITY SERVICES FOR THE ORANGE BOWL CLASSIC
GAME AND OTHER EVENTS AT THE ORANGE BOWL, AS IT HAS
BEEN DETERMINED TO BE WITHOUT MERIT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
------------------------------------------------------------------------------
42. APPROVE CHIEF PROCUREMENT OFFICER'S REJECTION OF PROTEST FROM POLYGEM,
INC. CONCERNING RFP FOR USHERS, TICKET TAKERS AND PEER GROUP SECURITY
SERVICES FOR THE ORANGE BOWL CLASSIC GAME AND OTHER EVENTS AT ORANGE
BOWL.
------------------------------------------------------------------------------
Mayor Suarez: Item 22.
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and second on 22. Protest from Polygem, Inc. Any
discussion? If not, please call the roll.
112 November 14, 1991
The following resolution was introdilred by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-836
A RESOLUTION, APPROVING THE CHIEF PROCUREMENT
OFFICER'S DECISION TO REJECT THE PROTEST RECEIVED FROM
POLYGEM SECURITY, INC., IN CONNECTION WITH THE CITY'S
REQUEST FOR PROPOSALS (RFP) FOR USHERS, TICKET TAKERS
AND PEER GROUP SECURITY SERVICES FOR THE ORANGE BOWL
CLASSIC GAME AND OTHER EVENTS AT THE ORANGE BOWL, AS
IT HAS BEEN DETERMINED TO BE WITHOUT MERIT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Miriam Aionso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Mayor Suarez: The vote has already been taken, but to protect the record, is
this entity here represented? Does anyone from GSA (General Services
Administration) know?
Vice Mayor Plummer: I asked if there was anybody.
Mayor Suarez: You did? Thank you. I'm glad you protected the record.
43. ACCEPT BID: EVENT SERVICES AMERICA, INC. (d/b/a) CONTEMPORARY SERVICES
COMPANY - FOR FURNISHINGS USHERS, TICKET TAKERS AND PEER GROUP SECURITY
SERVICES FOR THE ORANGE BOWL CLASSIC GAME AND OTHER EVENTS AT ORANGE
BOWL.
------------------------------------------------------------------------------
Vice Mayor Plummer: Move 23, now that they will have some.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. And again, presume none of the entities
affected except the one that's obtaining the award is here. Is that
correct? - saying, you favor this. The record reflect that two of them are
nodding. OK, on item 23, we have a motion and a second. Any discussion? If
not, please call the roll.
113 November 14, 1991
0
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-837
A RESOLUTION ACCEPTING THE BID OF EVENT SERVICES
AMERICA, INC. D/B/A CONTEMPORARY SERVICES COMPANY FOR
FURNISHING USHERS, TICKET TAKERS AND PEER GROUP
SECURITY SERVICES FOR THE ORANGE BOWL CLASSIC GAME AND
OTHER EVENTS HELD AT THE ORANGE BOWL STADIUM ON A
CONTRACT BASIS FOR A PERIOD OF THREE (3) YEARS, WITH
THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1)
YEAR PERIODS FOR THE DEPARTMENT OF CONFERENCES,
CONVENTIONS AND PUBLIC FACILITIES, AT A TOTAL FIRST
YEAR COST OF $25,000.00; ALLOCATING FUNDS THEREFOR
FROM THE ENTERPRISE FUND OPERATING BUDGET OF THE
ORANGE BOWL STADIUM ACCOUNT CODE NO. 350503-340;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THESE SERVICES AND THEREAFTER TO EXTEND THIS CONTRACT
TWO (2) ADDITIONAL ONE (1) YEAR PERIODS AT THE SAME
PRICES, TERMS AND CONDITIONS, SUBJECT TOT HE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
114 November 14, 1991
44. AUTHORIZE CITY MANAGER TO EXECUTE DOCUMENTS CONCERNING A RENTAL
REHABILITATION PROGRAM GRANT ($136,000) FOR FISCAL YEAR 1991 FROM U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) - FOR PURPOSE OF
INCREASING SUPPLY OF STANDARD HOUSING AFFORDABLE TO LOWER INCOME
FAMILIES.
Mayor Suarez: Item 24.
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion on 24? If not, please call
the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-838
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
APPROPRIATE DOCUMENTS ACCEPTING A RENTAL
REHABILITATION PROGRAM GRANT FOR FISCAL YEAR 1991 IN
THE AMOUNT OF $316,000 FROM THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE PURPOSE OF
INCREASING THE SUPPLY OF STANDARD HOUSING AFFORDABLE
TO LOWER INCOME FAMILIES IN THE CITY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
115 November 14, 1991
------------------------------------------------------------------------------
45. RATIFY RESOLUTION 91-309, WHICH APPROVED, IN PRINCIPLE, THE URBAN LEAGUE
OF GREATER MIAMI, INC. AS THE PROJECT SPONSOR FOR DEVELOPMENT OF A 21-
UNIT AFFORDABLE RENTAL HOUSING PROJECT ON CITY -OWNED PARCELS (N.W. 60
AND 61 STREETS BETWEEN 15 AND 17 AVENUES - IN MODEL CITY NEIGHBORHOOD) -
AUTHORIZE MANAGER TO CONVEY PARCELS - DIRECT METROPOLITAN DADE COUNTY TO
CONVEY SAID PARCELS UNDER DADE COUNTY OWNERSHIP - AUTHORIZE AGREEMENT
WITH THE URBAN LEAGUE.
Mayor Suarez: Item 25.
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion on 25? If not, please call
the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-839
A RESOLUTION, WITH ATTACHMENTS, RELATING TO THE
DEVELOPMENT OF A 21 UNIT AFFORDABLE RENTAL HOUSING
PROJECT PLANNED FOR DEVELOPMENT ON CITY -OWNED PARCELS
LOCATED AT NORTHWEST 60TH AND 61ST STREETS BETWEEN
15TH AND 17TH AVENUES IN THE MODEL CITY NEIGHBORHOOD
BY THE URBAN LEAGUE OF GREATER MIAMI, INC.; RATIFYING
AND REAFFIRMING RESOLUTION NO. 91-309, ADOPTED APRIL
25, 1991, WHICH APPROVED IN PRINCIPLE, THE
AFOREMENTIONED NOT -FOR -PROFIT CORPORATION AS THE
PROJECT SPONSOR TO UNDERTAKE SAID DEVELOPMENT, AND
ESTABLISHED NINETY FIVE THOUSAND DOLLARS ($95,000) AS
THE REIMBURSEMENT AMOUNT TO BE PAID TO THE CITY FOR
THE SUBJECT CITY -OWNED PARCELS; AUTHORIZING THE CITY
MANAGER TO CONVEY SAID PARCELS, IN ADDITION TO
DIRECTING METROPOLITAN DADE COUNTY TO CONVEY SAID
PARCELS UNDER DADE COUNTY OWNERSHIP, WHICH ARE MORE
PARTICULARLY AND LEGALLY DESCRIBED IN THE ATTACHED
EXHIBIT "A", TO THE URBAN LEAGUE OF GREATER MIAMI,
INC. IN CONNECTION WITH THE SAID HOUSING PROJECT;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MIAMI AND
THE URBAN LEAGUE OF GREATER MIAMI, INC. IN CONNECTION
WITH THE PROPOSED TOWNHOME PROJECT IN SUBSTANTIALLY
THE ATTACHED FORM, SUBJECT TO CERTAIN TERMS AND
CONDITIONS AS SET FORTH THEREIN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
116 November 14, 1991
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
46. DISCUSS AND CONTINUE PROPOSED RESOLUTION AUTHORIZING CITY MANAGER TO
SUBMIT AN APPLICATION TO US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) - FOR A $2.4 MILLION LOAN UNDER HUD SECTION 108 PROGRAM - TO
REFINANCE A PRIVATE DEBT EXTENDED TO MIAMI RIVER INN PROJECT.
Mayor Suarez: Item 26. Authorizing...
Vice Mayor Plummer: Move it.
Commissioner Alonso: Second.
Mayor Suarez: Two point four million dollar loan under the section 108
program for Miami River Inn project. Moved and seconded.
Commissioner Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: It says that "if this project goes under" what
happens? - somebody tell me if the loan is not repaid.
Mr. Odio: The problem with this is we would lose the... we are pledging
future CDBG (Community Development Block Grant) entitlement as collateral for
the loan.
Mayor Suarez: We are pledging what for the loan?
Commissioner Alonso: What?
Mr. Odio: I'll tell you what I'd like to do. If I can defer this item for
later on.
Commissioner Alonso: Yes.
Commissioner Dawkins: See, all right. When you come back, tell me what the
interest rate is.
117 November 14, 1991
Mr. Odio: Yes, sir. I'd like to defer that item.
Mayor Suarez: OK.
Commissioner Dawkins: What's the difference between this loan and Mr.
Braman's loan.
Mr. Odio: Yes, sir, OK.
Commissioner Dawkins: OK? Those things I need to know.
Mayor Suarez: Will the moving party just withdraw the motion? - thank you.
Vice Mayor Plummer: Yes.
Mayor Suarez: And the second, same thing.
Commissioner Alonso: Yes.
Mayor Suarez: So, I think there was no action and we need to do nothing else
until you bring it back to us. - Just simply withdrawn by the administration.
-------------------------------------------------------------------------------
47. APPROVE ISSUANCE OF $15,000,000 CITY OF MIAMI, FLORIDA HEALTH FACILITIES
AUTHORITY HEALTH FACILITY REVENUE BONDS, SERIES 1991 (MIAMI JEWISH HOME
PROJECT) - APPROVE MINUTES OF PUBLIC HEARING HELD BY THE AUTHORITY.
Mayor Suarez: Item 27.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved. I think this is the one that Senator Ken Myers is here
on.
Vice Mayor Plummer: Right.
Commissioner Alonso: Yes, I second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Commissioner Dawkins: This is the one Ken Myers want?
Commissioner Alonso: Yes.
Vice Mayor Plummer: Yes.
Commissioner Dawkins: I'll vote against it.
Vice Mayor Plummer: OK.
118 November 14, 1991
0
4
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-840
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE ISSUANCE
OF NOT TO EXCEED $15,000,000 CITY OF MIAMI, FLORIDA
HEALTH FACILITIES AUTHORITY HEALTH FACILITY REVENUE
BONDS, SERIES 1991 (MIAMI JEWISH HOME PROJECT), FOR
THE PURPOSES OF SECTION 147(F) OF THE INTERNAL REVENUE
CODE OF 1986, AS AMENDED; APPROVING THE MINUTES OF THE
PUBLIC HEARING HELD BY THE AUTHORITY PURSUANT TO THE
TAX EQUITY AND FISCAL RESPONSIBILITY ACT OF 1982; AND
PROVIDING AN EFFECTIVE DATE.
(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 Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Mayor Suarez: Actually, I was going to tell you that Ken Myers was against.
Commissioner Dawkins: Oh.
------------------------------------------------------------------------------
48. AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENT NO. 6 TO AGREEMENT WITH
DELOITTE AND TOUCHE, CERTIFIED PUBLIC ACCOUNTANTS, IN ASSOCIATION WITH:
(a) SHARPTON, BRUNSON AND COMPANY, PA, (b) VERDEJA, IRIONDO AND
GRAVIER, AND (c) WATSON AND COMPANY, PA - FOR EXTERNAL AUDITING
SERVICES RELATED TO THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL
YEAR ENDING SEPTEMBER 30, 1991; PREPARATION OF ANNUAL COMPLIANCE REPORTS
FOR MIAMI CONVENTION CENTER AND GOVERNMENT CENTER PARKING GARAGE
FINANCING, AND PREPARATION OF SEPARATE AUDIT REPORT FOR SOUTHEAST
OVERTOWN / PARK WEST REDEVELOPMENT TRUST.
Mayor Suarez: Item 28.
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Second - hold it.
119 November 14, 1991
Vice Mayor Plummer: Hold it.
Commissioner Dawkins: I want to continue this for more information... no, I
think they ironed out my differences. Go right ahead.
Vice Mayor Plummer: Move it.
Commissioner Dawkins: I'm sorry, Mr. Mayor, go ahead. Second.
Mayor Suarez: OK, on 28, moved and seconded. All right, given that, it seems
to be about to be passed. Do you need to be recognized? - I guess not. Call
the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-841
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 6, IN SUBSTANTIALLY
THE ATTACHED FORM, TO AN AGREEMENT BETWEEN THE CITY OF
MIAMI AND DELOITTE & TOUCHE, CERTIFIED PUBLIC
ACCOUNTANTS, IN ASSOCIATION WITH SHARPTON, BRUNSON &
COMPANY, P.A., VERDEJA, IRIONDO & GRAVIER AND WATSON &
COMPANY, P.A., FOR EXTERNAL AUDITING SERVICES RELATED
TO THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1991; PREPARATION OF
ANNUAL COMPLIANCE REPORTS REQUIRED BY BOND INDENTURES
FOR THE MIAMI CONVENTION CENTER AND THE GOVERNMENT
CENTER PARKING GARAGE FINANCINGS, AND PREPARATION OF A
SEPARATE AUDIT REPORT FOR THE SOUTHEAST OVERTOWN/PARK
WEST REDEVELOPMENT TRUST WITH FUNDS IN AN AMOUNT NOT
TO EXCEED $330,000, THEREFOR BEING ALLOCATED FROM
FISCAL YEAR 1992 OPERATING BUDGETS OF THE DEPARTMENT
OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, THE
GOVERNMENT CENTER PARKING GARAGE ENTERPRISE FUND, THE
SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT TRUST FUND,
SPECIAL PROGRAMS AND ACCOUNTS IN THE GENERAL FUND, AND
THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, AS
FOLLOWS: $7,500 FROM ACCOUNT NO. 350119-340, $7,500
FROM ACCOUNT NO. 260221-340, $5,000 FROM ACCOUNT NO.
550108-340, $260,000 FROM ACCOUNT NO. 920202-280,
AND $50,000 FROM ACCOUNT NO. 450806-280.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
120 November 14, 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
Commissioner Dawkins: See, the problem I had, Mr. Mayor, it's so small, and I
am the one that sat up here before and put Ms. Watson in, but Ms. Watson has
been in on three of them and these other guys, I mean, it's just a small
amount, and I was thinking that...
Vice Mayor Plummer: Then why are you talking so long?
Commissioner Dawkins: That we just shouldn't have but the two of them instead
of the three. So, I wish they will work on that. I'll have no problem with
it.
Mayor Suarez: All right. And did we call the roll, Madam City Clerk?
Ms. Matty Hirai: No, sir.
Mayor Suarez: Please do. Thank you, Commissioner.
49. APPROVE CHIEF PROCUREMENT OFFICER'S REJECTION OF PROTEST FROM GREATER
MIAMI CATERERS, INC. CONCERNING CONSTRUCTION CATERING, INC'S RESPONSE TO
BID #90-91-148 FOR CHILD CARE FOOD PROGRAM SERVICES.
Mayor Suarez: Item 29.
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Second.
Mayor Suarez: Second.
Mayor Suarez: Moved and Second. Any discussion? If not, please call the
roll.
Vice Mayor Plummer: Well, wait a minute. Is there anybody here in the
audience on 29 to...? Then, I do move it.
Commissioner Dawkins: Second.
Mayor Suarez: OK. No objectors. Moved and second. Any discussion? If not,
please call the roil.
121 November 14, 1991
L1
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-842
A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S
DECISION TO REJECT THE PROTEST RECEIVED FROM GREATER
MIAMI CATERERS, INC. IN CONNECTION WITH CONSTRUCTION
CATERING, INC.'S RESPONSE TO BID NO. 90-91-148 FOR
CHILD CARE FOOD PROGRAM SERVICES, AS IT HAS BEEN
DETERMINED TO BE WITHOUT MERIT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
50. APPROVE CHIEF PROCUREMENT OFFICER'S REJECTION OF PROTEST FROM GREATER
MIAMI CATERERS, INC. CONCERNING FLAVOR MASTERS FOOD EMPORIUM'S CATERERS'
RESPONSE TO BID #90-91-148 FOR CHILD CARE FOOD PROGRAM SERVICES.
Mayor Suarez: Item 30 is a companion item?
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion on 30? If not, please call...
Vice Mayor Plummer: No one here to back up the protest? Let the record
reflect no one came forward.
122 November 14, 1991
0
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-843
A RESOLUTION, APPROVING THE CHIEF PROCUREMENT
OFFICER'S DECISION TO REJECT THE PROTEST RECEIVED FROM
GREATER MIAMI CATERERS, INC., IN CONNECTION WITH
FLAVOR MASTERS FOOD EMPORIUM'S RESPONSE TO BID NO. 90-
91-148 FOR CHILD CARE FOOD PROGRAM SERVICES, AS IT HAS
BEEN DETERMINED TO BE WITHOUT MERIT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
------------------------------------------------------------------------------
51. APPROVE CHIEF PROCUREMENT OFFICER'S REJECTION OF PROTEST FROM
GREATER
MIAMI CATERERS, INC. CONCERNING PIPING HOT CATERERS' RESPONSE
TO BID
#90-91-148 FOR CHILD CARE FOOD PROGRAM SERVICES.
------------------------------------------------------------------------------
Mayor Suarez: Item 31. Now, are these three related?
Commissioner Dawkins: Yes, all four of them.
— Vice Mayor Plummer: They are, all three, yes.
Mayor Suarez: Mr. City Attorney, sir, Mr. City Manager, please help us
to try
to consolidate items to the extent, possible? Try to make this go a
little
quicker, although today it's going quick.
Commissioner Alonso: We are doing a great job today.
Vice Mayor Plummer: Quit asking questions, we will be out of here.
I move
item 31.
Mayor Suarez: Item 31 has been moved.
Commissioner Dawkins: Second.
123 November 14, 1991
1
Mayor Suarez: Seconded. Can you imagine him saying that, of all people?
Commissioner Dawkins: Yes.
Vice Mayor Plummer: If Dawkins would quit all his lobbying...
Mayor Suarez: I thought I'd never heard it. It must be because he is sick.
All right, call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-844
A RESOLUTION, APPROVING THE CHIEF
PROCUREMENT
OFFICER'S DECISION TO REJECT THE PROTEST
RECEIVED FROM
GREATER MIAMI CATERERS, INC. IN CONNECTION WITH PIPING
HOT CATERERS INC.'S RESPONSE TO BID NO.
90-91-148 FOR
CHILD CARE FOOD PROGRAM SERVICES, AS
IT HAS BEEN
DETERMINED TO BE WITHOUT MERIT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon
being seconded by Commissioner Dawkins,
the resolution was passed
and adopted
by the following vote:
AYES:
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES:
None.
ABSENT:
Commissioner Victor De Yurre
52. ACCEPT BID: CONSTRUCTION CATERING, INC. - FOR FURNISHING DAILY HOT
MEALS TO PARTICIPANTS IN THE CITY'S DAY CARE AND PRE-SCHOOL PROGRAMS -
FOR DEPARTMENT OF PARKS AND RECREATION.
Mayor Suarez: Item 32. - related.
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
124 November 14, 1991
r
ILI
the following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-845
A RESOLUTION ACCEPTING THE BID OF CONSTRUCTION
CATERING, INC. FOR FURNISHING DAILY HOT MEALS TO
PARTICIPANTS IN THE CITY'S DAY CARE AND PRE-SCHOOL
PROGRAMS FOR THE DEPARTMENT OF PARKS AND RECREATION ON
A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR AN ADDITIONAL. ONE (1) YEAR PERIOD AT A
TOTAL PROPOSED COST OF $98,000.00; ALLOCATING FUNDS
THEREFOR FROM THE UNITED STATES DEPARTMENT OF
AGRICULTURE THROUGH THE FLORIDA DEPARTMENT OF
EDUCATION, ACCOUNT CODE NO. 580201-710 AND THE SPECIAL
REVENUE FUND "PRE-SCHOOL PROGRAM" PROJECT NO. 110023,
ACCOUNT CODE NO. 580326-710; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS SERVICE AND THEREAFTER
TO EXTEND THIS CONTRACT FOR AN ADDITIONAL ONE (1) YEAR
PERIOD, AT THE SAME PRICE, TERMS AND CONDITIONS,
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
------------------------------------------------------------------------------
53. AUTHORIZE CITY MANAGER TO NEGOTIATE AND EXECUTE PROFESSIONAL SERVICES
AGREEMENT WITH DELOITTE AND TOUCHE - FOR ACTUARIAL SERVICES FOR CITY'S
SELF-INSURANCE AND INSURANCE TRUST FUND - ALLOCATE $18,000 - PROVIDE FOR
RENEWAL OF AGREEMENT.
------------------------------------------------------------------------------
Mayor Suarez: Item 33.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Mr. Odio: You are really sick today.
125 November 14, 1991
Vice Mayor Plummer: Shut up.
Commissioner Alonso: He is sick. He is not feeling well.
Commissioner Dawkins: Second. It's a little bit of money.
Mayor Suarez: It's a small amount.
Commissioner Dawkins: Yes, the lady wants to be heard.
Mayor Suarez: DH&S. Ma'am, please step up to the mike and be recognized.
Give us name and address.
Ms. Faye Albert: My name is Faye Albert, I live at 4949 SW 71st Place. I
applied for this proposal for actuarial services, and I was one of the three
firms that was deemed qualified to do it. I was the third on the selection
committee's recommendation list, and I originally thought that I would be
considered, and the Commission would have an opportunity to consider me.
Mayor Suarez: What is the name of your firm?
Ms. Albert: Albert Associates.
Mayor Suarez: How do you spell it?
Ms. Albert: A-L-B-E-R-T.
Mayor Suarez: OK. Do you want to say anything why perhaps, we are making a
mistake by going in this direction, or at least, that you are somehow more
qualified and can give us a better service?
Ms. Albert: I think Deloitte and Touche is a fine firm. I think that perhaps
the City of Miami might want to consider me because I am local, and I think I
can do a good job, and I would like the opportunity to do that. I believe
that perhaps, their size may have argued very much in their favor with the
selection committee, but I think that they did find that I was qualified.
Mayor Suarez: What about it, Mr. Manager? Why not...?
Mr. Odio: We had a selection committee with staff and people from the outside
and the recommendation that we have here, stands.
Mayor Suarez: But did we, at one point, recommend three? - or have
recommended by a selection committee, three? - and did we rank them in order?
How did it work?
Ms. Angela Bellamy: Yes, Mayor, we did make three recommendations. We had
_ Deloitte and Touche as the first one. We have a second one, Coopers and
Lybrand, and the third one was Albert and Associates.
Mayor Suarez: OK. Isn't there a built-in advantage to the firm that is doing
all of our other auditing, that would make it very difficult for a self -owned,
small, local firm to compete? Have you thought about that issue?
126 November 14, 1991
14
,14�
Ms. Bellamy: The way the selection committee... we had devised different
criteria, specific criteria from the beginning, which included the affirmative
action included the minority firm joint venture, the references and scope of
services. And the company, we felt that there was no built-in bias. We did
however think that any of the three firms could do the work and do it well.
So, the committee ranked each three in order, but we decided that any of the
three could be... we could recommend any of those three.
Mayor Suarez: Is there any way to tell what the determining factor may have
been in having DH&S rank number one? - Assuming of course, it isn't the fact
that they already do our auditing.
Ms. Bellamy: It was their experience with the municipalities. It was their
experience.
Mayor Suarez: See, the problem is, it becomes a self-fulfilling prophecy. If
she can't penetrate the City's work in a small item like this, then how is she
ever going to be able to show experience? How do we list DH&S in terms of our
minority procurement efforts? Are they considered to have sufficient minority
component by virtue of the partners who are black, Hispanic and women?
Mr. Frank Paredes: Mr. Mayor, I am Frank Paredes, partner in Deloitte and
Touche. This proposal also includes a twenty percent participation with one
of our joint venture partners. And the way we've approached that whole
situation as some of these special projects come about, we allocated among
several...
Mayor Suarez: Who is the joint venture partner in this?
Mr. Paredes: Sharpton, Brunson & Company.
Mayor Suarez: You know, when we get an item of this magnitude - am I seeing
this wrong, or - eighteen thousand dollars ($18,000) for how many years?
Ms. Bellamy: One year.
Mr. Paredes: Just one year.
Mayor Suarez: I wonder if this doesn't make any more sense as a professional
services contract to simply award it on a recommendation of staff in our
effort to spread the work. Can we do that as was done with the attorney for
the Code Enforcement Board before, that the City Attorney made the
recommendation? Or can we not do it? Is that just something specific to the
City Attorney's powers that he can do that in a situation like that, but here
we have to go to a full competitive negotiations? This was a negotiated
competition, right?
Ms. Bellamy: Yes, it was. Yes, Mayor, I'm sorry, it was three years. It was
for two plus the one.
Mayor Suarez: I will entertain if anybody wants to and if it's legally
proper, which I believe it is, a reduction of the term so that, you know, she
has another bite at the apple here in a year. - Make it one year.
127 November 14, 1991
Commissioner Alonso: I'd like that.
Mayor Suarez: You want to move it?
Commissioner Alonso: Yes, I so...
Ms. Albert: Mayor, the proposal is originally... I was kind of surprised at
this...
Mayor Suarez: We are limiting them to a year so you'd have another shot at it
next year, maybe, you can hopefully pick up some municipal experience and
outbid them next year, having gone through it once. Is this the first time
you applied with us?
Ms. Albert: Yes.
Commissioner Dawkins: Or at least come and give me something I can soak my
teeth into to fight them with. See, like I asked you in my office, you know,
on what grounds can I challenge their decision? And you told me they had not
given you the opportunity to question them and what have you. So what we are
saying now is, you've got one year to look at them and then next year, you and
I both will have something that we can fight them with.
Commissioner Alonso: Yes.
Mayor Suarez: Small firms have a way of being more flexible, a lot of times,
more creative. Big firms have a way of having economy as a scale, and of
course, in this particular case, they are well ingrained in the City by doing
our auditing. One other suggestion is the... is this the Self -Insurance Trust
Fund that we are dealing with, right?
Ms. Bellamy: Yes.
Mayor Suarez: Is it really a trust fund, from the accounting standpoint,
Frank?
Mr. Paredes: I'm sorry
Mayor Suarez: Is this really a trust fund from the accounting standpoint? -
or is it just a sort of an allocation of a reserve account of some sort?
Mr. Paredes: No. This is an evaluation of the Self -Insurance Fund, but on a
separate, it's not part of the audit. This is separate procedures and
separate...
Mayor Suarez: I understand, but it is not a trust fund. I mean, these funds
are not in any kind of a trust agreement, they are just...
Mr. Paredes: No, no, they are self...
Mayor Suarez: It's just an account?
Mr. Paredes: Yes.
128 November 14, 1991
Mayor Suarez: Do we actually have monies in it? And if so, how much? Does
anybody know?
Commissioner Alonso: We don't have any money in there.
Mayor Suarez: We have sort of a risk evaluations what we really do, but we do
reserve some monies.
Commissioner Alonso: We do have...
Ms. Bellamy: Yes, we do have monies. I am giving you approximately fifteen
million dollars.
Mayor Suarez: All right, here is my idea to you, and I guess it applies to
them. I couldn't possibly be more favorable to one or the other because I
don't think you can legally do that. There is a very successful insurance...
Self -Insurance Trust Fund being managed by an institution right close to here,
which is Mercy Hospital. If you look at that and find that they do some
things that we are not doing and you present that back to us next year, for
myself and for my vote, I would be inclined to want to look at your bid more
carefully. They may not be able to go through all of that because it costs
them too much to even make contact with Mercy Hospital or any other entity
that has a successful Self -Insurance Trust Fund. Another one that is self -
insured that I am aware of is the Archdiocese of Miami, the Catholic
Archdiocese of Miami. You might want to look to see how they do it. Because
we are not hearing, at least, I'm not, Frank, from our auditors and the rest
of this Commission, and Octavio, we are not hearing too much about new and
simplified ways of doing public accounting, and that's a part of what I had
hoped that we would see from you. This is not in relation to this item, but
as a general thing. Our accounting is still extremely complicated. You know,
my biggest bone that I pick, and I have heard others, I think, mentioned is
this incredibly large miscellaneous account that we have in the City of Miami.
I don't think that's good accounting practice. I'll say it right out, flat
out. And I am looking for that to be changed in this budget year. The last
time I looked, I think it was twenty-five million dollars, that's ten percent
of our budget. How can you have ten percent of the budget on a miscellaneous
account? There are other problems with our accounting system and some of it
is just difficult to understand. So anything you can do to advise us, I know
our audit committee is supposed to be doing some of that, but they are not
paid, so maybe, you can...
Commissioner Alonso: Mr. Mayor, but I think part of the problem is that, and
I have discussed this with them at length, and they have some sort of a
problem when they look at all of these, it's after the fact, and they don't
seem to think that...
Mayor Suarez: They are part of the actual process of...
Commissioner Alonso: ..0 it is included in their job to do this type of
recommendation. Or at least, that was the explanation I got from them. So,
perhaps, something will have to be delineated in a different way so that they
can provide to us this type of advice because it's definitely... it needs a
lot of improvement.
129 November 14, 1991
"N
Mayor Suarez: Right.
Commissioner Alonso: Is it in fact possible for you to make some of these
recommendations...
Mayor Suarez: Can we get a clarification of that?
Commissioner Alonso: ... that we have all been looking for a long time, and
that the Mayor just said, it's very important for us to change our, ways?
Mr. Paredes: Well, Commissioner, your understanding of our meeting is very
proper. When we audit, we audit after the facts. We are... this contract
that you have approved today, we are auditing the year ended September 30,
1991.
Mayor Suarez: Can you give us recommendations based on the last audit that
will help us to deal with the present budget?
Mr. Paredes: We have, through our management letters and through the audit
committee. I think sessions such as we have with Commissioner Alonso,
explaining, and talking, and finding out some of those... are very positive
steps to this... to accomplish.
Mayor Suarez: Well, for myself, I'll tell you, if you give me an answer on
that particular fund - I don't know if we call it special funds and accounts
or miscellaneous or what do we call it, but it's a huge amount of money.
Commissioner Alonso: That's a very large... a huge amount of money.
Mr. Paredes: It's a special revenue fund, yes.
Mayor Suarez: And Special Funds and Account...
Mr. Paredes: Special programs.
Commissioner Alonso: Yes.
Mayor Suarez: ... which even the name doesn't make any sense. How can it be
Special Funds and Accounts? - I mean plural. That's crazy. I mean it's an
account, it's got to have some, you know...
Mr. Paredes: We'll give you an analysis.
Mayor Suarez: ... integrity to it, some definition to it.
Mr. Paredes: In our... in part of our this year's audit, we will analyze that
account and give you the results of that analysis.
Mayor Suarez: Maybe, we should just simply create more columns and then hold
him to it, and the administration to it, you know, you've put it in this
column and that's what we approved, and you explained it and justified it, and
any change has to be brought back to us under our ordinances that say that,
you know, any - I think I forgot what the changes are, more than five thousand
130 November 14, 1991
dollars or some percent of a line item, they have to bring back to... for an
ordinance, approving it. And otherwise, within that fund, you can do a lot
of, I won't say hanky-panky but that's what I am thinking.
Mr. Paredes: We'll analyze that account and provide you with that analysis as
part of the audit.
Commissioner Alonso: We will have to...
Mayor Suarez: Dawkins was fighting with that when I first got on this board,
I remember. Plummer has been fighting with it. The only reason he hasn't
said more about it is he probably knows where it all goes and then, you know,
he is happy with that, and the rest of us haven't been here for the last 45
years.
Commissioner Alonso: We have no idea.
Mayor Suarez: Anything else you want to add before the...
Ms. Albert: No. Really, I just wanted to mention that the...
Commissioner Alonso: Mr. Mayor.
Mayor Suarez: Before we lower the boom?
Ms. Albert: OK. I just wanted to mention that the original proposal did not
call for a proposal for three years. It was just a one year proposal.
Mayor Suarez: OK. Well, that's where we are headed 1 think, so you're going
to win on that point.
Commissioner Alonso: Yes. Mr. Mayor, you did not get an answer from the City
Attorney to your question in relation to the similarity with the renewal of
the attorney for the Code Enforcement in relation to this. We did not get an
answer on that.
Mayor Suarez: Yes. What is the reason for the difference where in one case
you are able to make a recommendation and we approve it forthwith and not have
to go through a process?
Mr. Quinn Jones: I guess, instead of similarity, it's really a dissimilarity
in that the situation you are dealing with, this RFP (Request for Proposal)
requires competitive negotiations. Whereas, under the Code provision
governing the hiring of attorneys, whatever, it is very specific in saying
that the City Attorney shall be responsible for all attorneys hired by the
City.
Mayor Suarez: So we have a special ordinance, I guess?
Mr. Jones: Yes.
Commissioner Alonso: But in fact, the first time, the appointment was made by
this Commission.
131 November 14, 1991
Mr. Jones: I'm not sure, if that's what you're telling me it was.
Commissioner Alonso: Yes, it was - 188.
Mr. Jones: OK. And that may have been because the City Attorney at that time
recommended it to you, but there is no ordinance or Code provision that will
require that it come before you. But I am taking into consideration, and the
point is well taken is the fact that you expressed before lunch break, that
with the boards whatever, you would like to see a recommendation made to you,
and you act upon it.
Mayor Suarez: Yes. You know, what it comes down to is when you read that
ordinance that says the City Attorney shall hire attorneys, we understand that
to mean whoever it is that passed that ordinance, and this Commission now
which is charged with that ordinance, we understand that to mean hire in-
house. When you hire consultants, or for boards, permanent attorneys on a
contractual basis, we would think that it would make sense to go through a
negotiated competition.
Commissioner Alonso: Indeed.
Mayor Suarez: Just like in any other situation for professional contracts.
All right, we have a motion and a second. Commissioner Dawkins.
Commissioner Dawkins: Somehow, it was said for you to be prepared to vote on
this next year. I want you to vote on anything... I mean, bid on anything the
City puts out.
Mayor Suarez: Please.
Commissioner Dawkins: And I want you guys... I want you to make sure that she
receives all information to bid on any job that the City of Miami has -- not
wait until this comes up next year.
Ms. Albert: Thank you.
Mayor Suarez: All right, with all of those provisos and admonitions, we have
a motion and a second. Any discussion? If not, please call the roll.
NOTE FOR THE RECORD: Commissioner De Yurre entered
the meeting at 2:22 p.m.
132 November 14, 1991
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-846
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL
SERVICES AGREEMENT FOR ONE YEAR, WITH TERMS AND
CONDITIONS SET FORTH IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE CERTIFIED PUBLIC ACCOUNTANT FIRM OF
DELOITTE AND TOUCHE FOR ACTUARIAL SERVICES FOR THE
CITY'S SELF-INSURANCE AND INSURANCE TRUST FUND;
ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED
$14,000 FROM THE FISCAL YEAR 1991-1992 SELF-INSURANCE
AND INSURANCE TRUST FUND, INDEX CODE 270401-270,
PROJECT NO. 671001.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
I AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: Vice Mayor J.L. Plummer, Jr..
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: I'm going to vote no. I like the continuance of a firm
that has been there and, it knows what they are doing, and I understand, she
is looking for new business and there are a lot of other new businesses in
this City that she could apply for.
Mayor Suarez: You're voting for it? - for one year?
Commissioner Alonso: To pass?
Vice Mayor Plummer: For one year instead of the three as proposed, that's the
reason I am voting no.
Commissioner Dawkins: I'm voting yes, and I'm voting especially to say that
it should be competitive, and if that firm or any other firm comes in to
provide the same services at a lower fee than this firm, I will be going with
that firm. I vote yes.
133 November 14, 1991
0
1-1
-- ---------------------------------------------------------------------------
54. (A) DISCUSS AND DEFER TO A FUTURE MEETING CONSIDERATION OF PROPOSED
RESOLUTION ACCEPTING BID OF D.E. GIDI AND ASSOCIATES, CORP. FOR
CLAUGHTON ISLAND BRIDGE - DECK REPAIRS B-2942 (CIP 341175).
(B) DISCUSSION CONCERNING PROPOSED ERECTION OF A TOLL BOOTH ON THE
CLAUGHTON ISLAND BRIDGE TO ASSIST WITH COSTS OF BRIDGE
MAINTENANCE.
Mayor Suarez: Item 34. D-E-G-I-D-I.
Vice Mayor Plummer: I've got a question on 34.
Commissioner Dawkins: Now see, when we didn't have a full Commission we ran
._ through things...
Commissioner Alonso: I know.
Vice Mayor Plummer: ... as soon as we've got five members he has to
philosophize.
Mayor Suarez: He's got a bigger audience.
Commissioner Dawkins: See, he's got to philosophize.
Vice Mayor Plummer: Loud mouth.
Commissioner Dawkins: Go ahead and philosophize.
Vice Mayor Plummer: I thought that the Claughton Island Bridge was a private
road.
Dr. Luis Prieto: No, sir. Unfortunately, the City took it over...
Commissioner Dawkins: No, it's not. It's ours.
Dr. Prieto: ... and for mysterious reasons, we did take it over. I am trying
to get it reverted back to the private ownership of...
Mayor Suarez: When was it taken over?
Vice Mayor Plummer: Well, let me ask this. The reason I am asking this
question, if that is a private road, it should be open to the public, is that
correct?
Dr. Prieto: Yes. But it is...
Vice Mayor Plummer: Now, why do they choose the right that every time our
people or our taxpayers want to go fish off that bridge, they call the Police
Department about at least once a day. Why can't our people fish off the
bridge?
134 November 14, 1991
Aft
Mayor Suarez: You know, I think unfortunately, there is a law in the book
somewhere that talks about fishing off all of those bridges. And if you want
to change it, I'd be one vote in favor of changing it.
Mr. Odio: Commissioner, if that's the case, I'd like to withdraw this item
and let them agree that if we pay for the repairs, that the public has access
to it.
Vice Mayor Plummer: Well, but what I don't understand...
Commissioner Alonso: But why are we paying for it?
Mayor Suarez: It's ours.
Dr. Prieto: Because it's our bridge, unfortunately. Right now, it's our
bridge.
Commissioner Alonso: But I have recollection, when we took the plot that came
to us about...
Dr. Prieto: That's right.
Commissioner Alonso: ... what, six months? - or so ago...
Dr. Prieto: Six months ago, yes.
Commissioner Alonso: ... we were told, it was private. And now, do I find it
belongs to us and we have pay for it?
Dr. Prieto: It's been public now for about six years, I think. And
unfortunately, we would like to turn it over, not to them, but rather to DOT
(Department of transportation). They own since... from Naples all the way
right up to the bridge is their property.
Commissioner Dawkins: They, who?
Mayor Suarez: Because it's an extension on Tamiami Road.
Dr. Prieto: This is DOT, right.
Mayor Suarez: In a sense, it's an extension of SW 8th Street.
Vice Mayor Plummer: Mr. Mayor, I'll move this item be deferred and let them
go back and talk with these people, that if it's a public road and we are
paying for it, damn it, let's have our people the right to use it.
Dr. Prieto: OK.
Mayor Suarez: OK. So moved.
Commissioner Alonso: Second.
Mayor Suarez: And when you do that, Dr. Prieto...
135 November 14, 1991
Dr. Prieto: Sir.
Mayor Suarez: ... if it doesn't turn out that that can be resolved, but at
least, we can solve the issue of access, and fishing, and everything else.
Dr. Prieto: Yes.
Mayor Suarez: Give us an answer on that. Because I have a feeling we have an
ordinance in the books that may be a problem and maybe, we ought to change it.
I love to see people fishing off there. And by the way, if it's ours, they
should also be going a heck of a lot slower across that doggone bridge. And I
don't know what we could do with signage, or bumpers, or something. You are
very creative at that. You did one of those things over there some place that
almost ruined every car that went over it, but they went awfully slow.
Dr. Prieto: Yes, sir.
Commissioner Dawkins: And Mr. Mayor, I mean, Mr. Manager, also when you come
back, tell me the amount of taxes paid to the City of Miami by the residents
of Claughton Island. And see if they aren't entitled by way of paying taxes
to us to fix the road.
Mayor Suarez: We should get that calculation, it's...
Vice Mayor Plummer: If it's our road, we have the right to close it, right?
Commissioner Dawkins: Hey, I have no problem with that, but I also...
Vice Mayor Plummer: No, no, no, but I'll tell you one thing.
Mayor Suarez: No, I think there is probably an easement.
Vice Mayor Plummer: I'd like to put a toll booth on there.
Mayor Suarez: It's not a bad idea.
Commissioner Dawkins: OK. I'll go along.
Vice Mayor Plummer: Why not a toll booth to pay for the maintenance of that
road? If it's ours, do we have the right to close it?
Commissioner Dawkins: Yes.
Dr. Prieto: Yes, sir.
Vice Mayor Plummer: OK.
Mayor Suarez: That would also slow down the traffic - incredible speeds that
they go through there.
Vice Mayor Plummer: I think a dollar a car would be a legitimate, no more
than Rickenbacker and no less.
Commissioner Dawkins: That's for the whole day, or each time?
136 November 14, 1991
r]
Vice Mayor Plummer: No, each time. Well, we will sell them a yearly plate.
Mayor Suarez: Yes, you can't charge a dollar a day. But that's an
interesting idea. All right, the motion is to defer the item.
Commissioner Alonso: Yes, it has been made and seconded.
Vice Mayor Plummer: Hey, Miller, I think we're going to get the fishermen
back on.
Mayor Suarez: Call the roll.
ON MOTION DULY MADE BY VICE MAYOR PLUMMER AND SECONDED BY
COMMISSIONER ALONSO, THE ABOVE ITEM WAS DEFERRED 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: The person who was on this Commission many years ago tried to
ban fishing off of that road that is behind Brickell. Specifically someone
that I ran against, Mr. Lacasa, and apparently, he had a problem with people
fishing back there and I was most vocal in opposing that because, you know,
that's the whole point of living in Miami, is people being able...
Vice Mayor Plummer: You ought to go to that road on a full moon. The
shrimpers are out there.
Mayor Suarez: That's a great place for shrimping.
Vice Mayor Plummer: It is. We get more fights.
Mr. Jones: Mr. Mayor, may I briefly...
Mayor Suarez: Thank God, the City of Miami never passed that. I think what
we do have is one for bridges and causeways. Yes, Mr. Jones.
137 November 14, 1991
0
55. APPROVE ENGAGEMENT OF TEW & GARCIA-PEDROSA AS COUNSEL BEFORE THE U.S.
DISTRICT COURT FOR PRE-TRIAL LITIGATION SERVICES IN CONNECTION WITH THE
MIAMI MARINE EXPOSITION, INC. vs. CITY OF MIAMI (CASE NO. 90-967-CIV-
HIGHSMITH) - INTERIM SERVICE FEE NOT TO EXCEED $75,000.
------------------------------------------------------------------------------
Mr. Quinn Jones: Mr. Mayor, before you move on to the boards and committees,
may I briefly bring up a point of...
Mayor Suarez: Absolutely.
Mr. Jones: OK. I sent each of you a memo concerning the Miami Marine expo
case and the need to engage outside counsel to assist with it. Very recently,
we discovered that what was thought to be or assessed at being perhaps a forty
million dollar ($40,000,000) exposure has suddenly turned into a three
hundred -and -nine -two million dollar ($392,000,000) exposure. For that very
reason, I deem it very necessary that we engage counsel and particularly, the
firm of... Tew and Garcia -Pedrosa to assist the City of Miami in defending
this action. We feel very confident, given the skills of this firm that we
will, more than likely, be able to get out on summary judgement. But I would
ask your permission to go forth and engage the services.
Vice Mayor Plummer: At what fee?
Mr. Jones: At this particular fee, we have estimated, because of some of the
unique issues that are posed by this lawsuit, including the validity of the
UDP (Unified Development Project) process, we've estimated... I should say,
they have estimated for pretrial services which would include the depositions
of the Commissioners, and of course, those Commissioners who were on the
Commission at the time in question, we are talking about approximately
seventy-five thousand dollars ($75,000) which I think is very minute when you
look at the total exposure that the City is faced with.
Vice Mayor Plummer: What about for trial?
Mr. Jones: If we have to go to trial, then we will have to sit down and go
from that point and see... and estimate what we think it will take in terms of
weeks or days to try the case, but I am sure it will still be at the municipal
rate that the firm is charging. Right now, it's very difficult to estimate
what a trial of this magnitude may take - I can't tell you whether it will
take two weeks, or a month, or whatever. I can only tell you that having done
a preliminary assessment of the case, we feel comfortable that we will be able
to prevail at summary judgement level, thus, not necessitating going forth
with the trial.
Vice Mayor Plummer: The only thing that irritates me is you let me go to a
deposition for three hours and now you're going to go out and hire somebody
else.
Commissioner Dawkins: I have to commend you for attempting to do this. I
don't remember winning one case nowhere until up to now. So, if you feel that
138 November 14, 1991
F
A
you're going to change our track record and have my City Attorneys win a case,
and you need somebody to help you, I'm all in favor of it. Because we have
gone to court time after time, and every time the City Attorney brings it
back, I recommend 'X' number dollars in settlement instead of going to court.
So, maybe, we're going to win one.
Mayor Suarez: And it would cover not only discovery, but pretrial motions and
conceivably get us out of the case.
Mr. Jones: It will cover all pretrial motions, discovery, completion of
discovery, up to the point if we have to go to trial.
Mayor Suarez: All right.
Commissioner Dawkins: I move with the stipulation not to exceed a hundred
thousand dollars ($100,000).
Vice Mayor Plummer: What does that come out to on an hourly basis?
Mayor Suarez: What is the...?
Commissioner Dawkins: Well, he doesn't know how many hours.
Mayor Suarez: It was established municipal rate.
Mr. Jones: The hourly basis that Mr. Garcia -Pedrosa is charging, I think it's
a hundred seventy-five. We have had other outside council we have engaged in
the past that have been much higher than that, but that's the hourly rate that
they are charging. That includes their municipal discount rate.
Mayor Suarez: That's a favorite trick of lawyers, you know, we say the usual
rate is 'X' amount but we are going to give you a special courtesy discount,
or municipal discount, or that's the way I feel today discount, and then we
bring you to a much lower rate.
Commissioner Alonso: So now we know how you do it.
Mr. Jones: As I indicated to...
Mayor Suarez: That's the way lawyers do it. I didn't say... and then hours
due all of a sudden...
Vice Mayor Plummer: Let me ask a question.
Commissioner Dawkins: Then they have to take five or six other depositions
and that runs the cost up, and then you have to have the printing of that and
that runs it up.
Vice Mayor Plummer: If we win in court, do we get that money back?
Mr. Jones: No, I don't think there is a statute under which we could recover
attorney's fees in this instance, but certainly I'll look into it. I am not
absolutely sure.
139
November 14, 1991
0
a
Mayor Suarez: Well, there is one that has to do with spurious lawsuits.
Mr. Jones: Well, yes.
Mayor Suarez: I forget the... not justiciable issues or whatever it is. It's
not easy to prevail on that, but..
Mr. Jones: And this is in federal court, by the way, this is in federal
court.
Vice Mayor Plummer: Do we have the assurance that Pedrosa himself, and not
turn it over to some clerk will be doing the work?
Mr. Jones: I have the assurance that in terms of any depositions involving
any of you or any of the other Commissioners, he will personally be
responsible, along with an assistant from my office, I have that assurance.
Commissioner Dawkins: No, but see, I want... what J.L., is saying, I don't
hear the answer to. We are engaging Jose Garcia -Pedrosa because he was here
during the times that this was negotiated, and et cetera, and e. cetera,
therefore, he has a knowledge that someone else may not have.
Vice Mayor Plummer: He let us get in trouble.
Commissioner Dawkins: Now, is he personally going to be the one who handles
this - I don't care where it has to go, and who he has to see, not just
interview me, but is he personally going to handle this? If he is, good.
Mr. Jones: He has assured me that he...
Commissioner Dawkins: If he is only going to get it for the firm and turn it
over to a law clerk, no.
Mr. Jones: He has assured me that he will be personally involved in this
whole process which means...
Mayor Suarez: Can you build that in to the...
Mr. Jones: To the engagement?
Mayor Suarez: ... at least, a letter?
Mr. Jones: I have that built in to the engagement letter.
Mayor Suarez: Yes. That he is primarily responsible for all proceedings? -
with physical presence in all proceedings.
Mr. Jones: That's the understanding.
Mayor Suarez: All right.
Vice Mayor Plummer: Is it... you know, maybe I shouldn't ask this but I am
going to. Is it proper to say to Mr. Pedrosa or whichever turn he has chosen,
we'll give you a hundred thousand dollars ($100,000), and if you win, a
hundred and seventy-five?
140 November 14, 1991
Mr. Jones: That's totally improper and unethical under the cannons of ethics.
Vice Mayor Plummer: Why? It's an incentive to do better.
Mr. Jones: You cannot under the cannons of ethics make this type of case
contingent upon a guaranteed result.
Vice Mayor Plummer: Why?
Mr. Jones: Because you can't.
Vice Mayor Plummer: Many lawyers take cases based on the fact that if they
win, they get a bonus and if they don't win, they don't.
Mr. Jones: We11, this is not the type of case, at least, in my experience
that you would take... would be proper to take on a contingency basis.
Because there is no lawyer anywhere that would guarantee you the result of the
case.
Vice Mayor Plummer: They never guarantee, even when you take it on a
contingent.
Mr. Jones: Well, I don't think there is any lawyer, whether it's him or been
myself, that I would put myself in a position to tell you, Commissioners, I
guarantee that we are going to win this lawsuit.
Vice Mayor Plummer: I didn't say that - never said that, sir.
Mr. Jones: It's in essence what you're saying.
Vice Mayor Plummer: Never said that. I am saying that if they are talking
about a hundred thousand dollars, that we offer him seventy-five thousand
dollars and if he wins the case, he gets a bonus. And I don't know why that's
improper. It's an incentive to do better.
Mayor Suarez: You wouldn't want to pledge it in advance I think is what he is
saying. You certainly can, at the end of a matter as a client, if we were a
normal client...
Vice Mayor Plummer: What about Cohen and Cohen who says they get nothing
unless they win?
Mr. Jones: I wouldn't want Cohen and Cohen on this case.
Vice Mayor Plummer: Well, I've just used that because they advertise, you
know, Queenie and Queenie.
Mr. Jones: Not Queenie and Queenie, no.
Mayor Suarez: Or, we have eliminated two firms from consideration, Cohen and
Cohen and Queenie and Queenie.
Commissioner Dawkins: What about the King and the Queen?
141 November 14, 1991
Vice Mayor Plummer: I don't see a thing wrong with saying to a lawyer, to say
to give him more incentive to do a better job that, hey, we'll offer you
seventy-five and if you prevail, we will give you a hundred. What's wrong
with that? I don't see a thing wrong with that.
Commissioner Alonso: I don't see anything wrong. Why is it wrong?
Vice Mayor Plummer: I think it's... you know, hey, the carrot in front of the
old proverbial.
Mayor Suarez: How about, Commissioner, if you leave it to the discretion of
this Commission with recommendation of the City Attorney in case that we
prevail, which we hope to do for additional compensation to be paid? There is
nothing wrong with that.
Vice Mayor Plummer: Well, I don't want to give him seventy-five or a hundred
and then a bonus.
Mayor Suarez: No, no, no, keep it at seventy-five. Don't go to a hundred.
Leave yourself room.
Mr. Jones: Commissioner Plummer, there is no certainty that we are going to
use up seventy-five thousand...
Mayor Suarez: That's the maximum. That's a cap on a per hour basis.
Mr. Jones: ... as it stand now. That's not to exceed seventy-five thousand
dollars.
Mayor Suarez: But again, you know, we know how attorneys are, you give them a
cap and they will use the cap.
Vice Mayor Plummer: Yes, it's amazing how close they come to it.
Mayor Suarez: All right, on the motion, if you want to add that rider, always
keeping in mind that we have an absolute subsequent right to do that or not to
do that, Mr. Vice Mayor, I don't think you want to tie yourself to any kind of
an automatic incentive.
Vice Mayor Plummer: Not yet.
Mayor Suarez: It doesn't really sound all that proper.
Vice Mayor Plummer: I'll go talk to Cohen and Cohen.
Mayor Suarez: OK. I'll entertain a motion on the item, please, somebody.
Vice Mayor Plummer: You have a motion from Dawkins.
Mayor Suarez: So moved.
Commissioner Alonso: But he made one for a hundred.
142 November 14, 1991
Vice Mayor Plummer: A hundred included.
Mayor Suarez: Cap it at seventy-five? - Cap it at a hundred.
Vice Mayor Plummer: Let's cap it at seventy-five.
Mayor Suarez: All right. So moved.
Vice Mayor Plummer: We can talk about the rest later.
Mayor Suarez: We have a second? It had been moved? OK. Do you reflect a
motion made by Commissioner Dawkins? OK. Seconded by Vice Mayor Plummer.
Call the roll.
Vice Mayor Plummer: Well, let me ask a... wait a minute, hold on, because
I've already been for deposition of three hours and I've got to go back. What
do you mean I got paid for that?
Mayor Suarez: You got a witness fee.
Vice Mayor Plummer: The hell I got paid for it. They didn't even pay for my
parking. Now, is that... do I go back over that deposition or what?
Mr. Jones: My understanding is that you were re -deposed...
Mayor Suarez: The fact of hiring a new attorney does not affect the
deposition that was taken. Other factors may affect the deposition that was
taken, but the fact of a new attorney does not.
Mr. Jones: Mr. Garcia -Pedrosa will go back with you when your deposition is
reset. As I understand it, it was not finished. There was a request to
continue with, and that's what it's the nature of, a continuance of your
deposition.
Mayor Suarez: You talk too much.
Commissioner Dawkins: That's right. The tape ran out.
Vice Mayor Plummer: Huh, wait until you see whose deposition is damaging in
this case.
Commissioner Dawkins: The tape ran out while you were talking.
Mayor Suarez: Not "moi."
Vice Mayor Plummer: OK, go ahead.
Mayor Suarez: All right, on the item, we have a motion and a second. Any
further discussion? If not, please call the roll.
143 November 14, 1991
VA
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-847
A RESOLUTION APPROVING THE ENGAGEMENT OF THE LAW FIRM
OF TEW AND GARCIA-PEDROSA TO SERVE AS COUNSEL BEFORE
THE UNITED STATES DISTRICT COURT FOR PRE-TRIAL
LITIGATION SERVICES IN CONNECTION WITH THE CASE OF
MIAMI MARINE EXPOSITION, INC. VS. CITY OF MIAMI, CASE
NO. 90-967-CIV-HIGHSMITH, WITH THE INTERIM FEE FOR
SUCH SERVICES NOT TO EXCEED $75,000.00; SAID MONIES
THEREFOR BEING ALLOCATED FROM THE CITY OF MIAMI'S
SELF-INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by 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.
------------------------------------------------------------------------------
56. BRIEFLY DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
APPOINTING INDIVIDUALS TO SERVE ON WATERFRONT ADVISORY BOARD.
------------------------------------------------------------------------------
Mayor Suarez: Item 35. Waterfront Advisory Board.
Vice Mayor Plummer: I have it that I am going to put it over to the next
meeting.
Mayor Suarez: OK.
Commissioner Dawkins: So will I. I have not selected anyone.
Mayor Suarez: All right.
144 November 14, 1991
57. APPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE PERFORMING ARTS CENTER
TRUST (Appointed were: Angela Bellamy, Henry Courtney and Rosario
Kennedy).
Mayor Suarez: Item 37.
Mr. Odio: You need to appoint, Mr. Mayor, - and this is important that we do
get...
Mayor Suarez: What nominations do we have? There are three...
Mr. Odio: Three members.
Mayor Suarez: ... that we have available, but what nominations? What names
have been thrown around? I think I have submitted to you one name of one
individual who was a councilman in north...
Commissioner Dawkins: OK.
Mr. Odio: Yes. But I think it is really up to all of you.
Commissioner Dawkins: Who did the Mayor nominate?
Mr. Odio: I don't remember.
Mayor Suarez: His name is Henry Courtney. He was the Mayor of...
Mr. Odio: There is a list here, this long.
Commissioner Dawkins: No, no, no. You take that list and leave it where you
got it.
Mr. Odio: I know, I'll throw it away.
Commissioner Dawkins: OK. No, no, no, go ahead.
Mayor Suarez: There is also Eduardo Padron has been mentioned.
Commissioner Dawkins: Yes, but he has got too much to do.
Mayor Suarez: One possibility on this is to go back, and this is just a
suggestion, if we have a lot of nominations, Commissioners, is to say, we will
appoint three and two individuals to be substitutes or...
Vice Mayor Plummer: Alternates.
Mayor Suarez: ... liaisons, alternates, even though they are not really
recognized right now as official alternates, and to do by lot how you want to
do that. Otherwise, if we can agree on three, that's fine.
145 November 14, 1991
Commissioner Dawkins: I would like to recommend one, is Angela Bellamy. We
need somebody from here to represent us. And the gentleman who you represent
could be two.
Mayor Suarez: Henry Courtney is the name of the individual. He was a former
Mayor of the - what's the City that's right adjoining us on 79th Street? -
Miami Shores.
Vice Mayor Plummer: Miami Shores.
Mayor Suarez: He is now a councilman there and he is a heck of a nice person,
as I put in the memo, he had worked with us very well.
Commissioner Dawkins: So that would be two. Now, who has got a
recommendation for a third one?
Vice Mayor Plummer: Let me see the list, maybe, I could...
Mayor Suarez: Is that Charles as in Chuck Cob? - Somebody with money?
Vice Mayor Plummer: Well I am assured that Parker Thompson is going to be on
there, isn't he?
Commissioner Alonso: He is.
Commissioner Dawkins: He is.
Commissioner Alonso: Yes.
Commissioner Dawkins: All the ones that has got the stars by them, the County
chose those. It's only the ones with nothing by them that you have a choice
from.
Mayor Suarez: Eduardo, also wants to be...
Commissioner Dawkins: Eduardo has been chosen already, Mr. Mayor.
Commissioner Alonso: He is.
Mayor Suarez: Right. Well, he wants to be in the new one.
Commissioner Dawkins: But, they chose him. See, everything that's got a dot
by it, the County has recommended it.
Vice Mayor Plummer: All right, I'll do him favor. I'll put Bunky Beyer on
there.
Commissioner Dawkins: Who?
Vice Mayor Plummer: Bill Beyer - Bunky.
Commissioner Dawkins: You really love them, don't you?
146 November 14, 1991
Vice Mayor Plummer: Hey, we'll put Bunky on there - let me tell you, he'll
drive them "bunky." I nominate Bunky Beyer.
Mayor Suarez: All right. Performing Arts Trust.
Vice Mayor Plummer: Performing Arts, yes. Maybe, he will resign from the
Sports Authority.
Mayor Suarez: He'll have you on radio tonight.
Commissioner De Yurre: Rosario Kennedy.
Vice Mayor Plummer: Rosario who?
Commissioner Alonso: Yes, he will.
Mayor Suarez: All right, those three are nominated. Any further nominations?
If not.
Commissioner Alonso: We need three, we have three, that's it.
Mayor Suarez: That's it.
Commissioner De Yurre: You want another one? Rosario Kennedy.
Commissioner Alonso: We have three.
Mayor Suarez: OK, that would be four nominations. How do you want to do
this, Commissioners? We have four nominations.
Vice Mayor Plummer: I'll withdraw Bunky.
Mayor Suarez: All right, as to the three nominations, I'll entertain a
motion.
Vice Mayor Plummer: So moved.
Commissioner Dawkins: So moved.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-848
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE
BOARD OF DIRECTORS OF THE PERFORMING ARTS CENTER TRUST
(PACT) .
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
147 November 14, 1991
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. RATIFY CITY MANAGER'S EMERGENCY ACTION IN PURCHASING PHOTOGRAPHIC
SUPPLIES FROM PITMAN PHOTO SUPPLY - ALLOCATE $32,000.
------------------------------------------------------------------------------
Mayor Suarez: On 38, emergency action to purchase photographic supplies.
I'll entertain a motion.
Commissioner Dawkins: Hold it.
Mayor Suarez: Otherwise, it comes out of the Manager's pocket.
Commissioner Dawkins: Hold it, hold it. Isn't this the firm that I told you
guys to try to find somebody else in the City of Miami instead of continually,
continually buying these photographs from this individual?
Mr. Odio: Commissioner, you're right. We did, Commissioner.
Lt. Joe Longueira: We did.
Mr. Odio: This is something that... we are cleaning up something they did
prior to coming to you. They didn't have any materials so we had to go with
them, but we now have a new firm. This is just ratifying action we had to
take to cover up some expenses they had incurred without Commission approval.
Commissioner Dawkins: Oh, so this happened November 30, 1990?
Mr. Odio: That's correct. That is correct.
Commissioner Dawkins: And we are paying for it, November 30, 1991?
Mr. Odio: Well, I delayed this item about four months. - Me, I would refuse
to... but the fact is that they now have a new firm.
Commissioner Dawkins: Who is the new firm?
Lt. Longueira: Mardel Photos.
Commissioner Dawkins: Where are they located?
148 November 14, 1991
4%
Lt. Longueira: I think they are out in the County.
Commissioner Dawkins: Out in the County?
Lt. Longueira: I think. That's what I was told by my people.
INAUDIBLE COMMENTS NOT MADE INTO THE PUBLIC RECORD.
Commissioner Alonso: That's the problem. That's the constant problem.
Commissioner Dawkins: That's right. We've got almost...
Commissioner Alonso: It's never a local vendor.
Commissioner Dawkins: Yes, all these photographers we've got in... all the
photographers sales and places we have in the City of Miami, why are we in the
County doing business?
Lt. Longueira: This was an item that was passed.
Commissioner Alonso: Why can't it be a local vendor?
Lt. Longueira: Because this item is photographic supplies.
_ Commissioner Dawkins: Yes, that's right.
Commissioner Alonso: So? - yes.
Commissioner Dawkins: Oh, they don't... nobody in the City of Miami sells
photographic supplies?
Mr. Ron Williams: Certainly, there are companies that sell photographic
supplies, Commissioner Dawkins.
Commissioner Dawkins: Well, what are you telling me there, Mr. Williams?
Mr. Williams: I'm telling you that after we applied the preference, the best
company was this Hispanic firm that does not have their principal business in
the City of Miami.
Commissioner Dawkins: OK. What was the difference in the bid between the
lowest City of Miami bid and this one that you got in the County?
Mr. Williams: I'll have to bring that back. That item has already been
passed, Commissioner.
Commissioner Dawkins: All right, I'll defer this until the next meeting when
they can get this to us.
Mayor Suarez: Moved to defer item 38.
Vice Mayor Plummer: Wait a minute, wait a minute.
149 November 14, 1991
Mayor Suarez: Commissioner.
Vice Mayor Plummer: This one, you've got to pay.
Commissioner Alonso: Yes.
Mayor Suarez: Oh, wait. This is ratifying prior action.
Commissioner Dawkins: You've got to defer the other one.
Mr. Odio: Commissioner, I promise you that no award will be made on
photography equipment until it's brought back to you.
Commissioner Dawkins: All right. Move 38 to pay a bill that we owe from
November 30, 1990.
Vice Mayor Plummer: Second.
Mayor Suarez: Move 38, so they don't sue us.
Commissioner Alonso: That's right.
Mayor Suarez: Moved and second. Any discussion? If not, please call the
roll.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Please, please, please, Mr. Manager. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-849
A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5TH'S OF THE
MEMBERS OF THE CITY COMMISSION RATIFYING, CONFIRMING,
AND APPROVING THE CITY MANAGER'S EMERGENCY ACTION IN
THE PURCHASE OF PHOTOGRAPHIC SUPPLIES FROM PITMAN
PHOTO SUPPLY AND ALLOCATING FUNDS THEREFOR, IN THE
AMOUNT OF $32,000, FROM THE POLICE DEPARTMENT GENERAL
OPERATING BUDGET, INDEX CODE 290201-722.
(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:
150
November 14, 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.
Mayor Suarez: We did nothing other than what we have done before, Mr.
Manager. It's just a matter of giving us all the information as we would like
to have it.
59. DISCUSSION CONCERNING DEPLOYMENT OF POLICE CARS TO POLICE OFFICERS AS
TAKE-HOME CARS.
Commissioner Dawkins: No, and also, Mr. Mayor, you know, it's disturbing to
sit here ten years, and I don't care what this Commission ask for, it's just
like we don't say nothing. I mean, the administration does just what it want
to do. Now, I'm going to give you a good example which I am going to bring up
later on and argue about it. Three years ago, this Commission instructed the
City Manager to let every policeman who live in the City of Miami have a take
home car for three reasons. Number one, to encourage them to remain in the
City of Miami. Number two, to give a sense of security by having the vehicle
parked in the community, and number three, an officer with the vehicle would
be accessible, or right at whatever could happen either on his way home or to
work. And today, Mr. Manager, how many officers do you have living in the
City of Miami who does not have a... is not taking a car home?
Mr. Odio: We have forty-two that are taking their cars home.
Commissioner Dawkins: How many do we have who are not?
Mr. Odio: Nineteen.
Commissioner Dawkins: Nineteen.
Mr. Odio: Nineteen that do not have cars because we didn't have cars to give
them.
Commissioner Dawkins: See, but three years ago we said that everybody must
have a car.
Mr. Odio: Three years ago everybody had a car.
Commissioner Dawkins: No.
Mayor Suarez: No, no, no, Mr. Manager.
151 November 14, 1991
40
Mr. Odio: Well when we started the patrol program, every patrolman had a car,
Commissioner. What happened is, through people leaving, and then we ran out
of cars at one point because we had more people moving to the City, whatever,
we ran short nineteen, which we will be taking care of the moment we get a
hundred new cars that we've got coming in now.
Commissioner Dawkins: Well, why is it, as a Commissioner...
Mr. Odio: We complied with what you said, Commissioner.
Commissioner Dawkins: Yes, but Mr. Manager, why is it, as a Commissioner, I
don't know this. You know, why is it I have to come up here and make a dummy
out of myself by saying, three years ago I asked you to have everybody with a
car and everybody does not have a car, but yet, you tell me this morning -
now, you tell me, we are going to comply, the reason we have not is because so
many other people moved into the City, therefore, we do not have, and we did
not have enough cars although we - how many cars did we purchase the last
time?
Mr. Odio: One eighty-six.
Commissioner Dawkins: A hundred and eighty-six automobiles. And out of a
hundred and eighty-six automobiles, you cannot provide nineteen people with
automobiles to take home?
Mr. Odio: Because we were short in patrol. We have three shifts, and when
one patrol group came in, that the other one needed cars, we did not have
enough cars. That's a fact.
Commissioner Dawkins: Well, who is on patrol?
Mr. Odio: When you take a car home, Commissioner, that means you have to have
two more cars.
Commissioner Dawkins: Who is on patrol?
Mr. Odio: Police Officers.
Commissioner Dawkins: A policeman or a civilian?
Mr. Odio: Police Officers.
Commissioner Dawkins: So therefore, a policeman on patrol drives a vehicle.
Mr. Odio: That's correct.
Commissioner Dawkins: So, if that policeman on patrol was driving a vehicle
home, he still has a vehicle.
Mr. Odio: That is correct.
Commissioner Dawkins: So, now, how can you explain to me that there is a
shortage of vehicles, when the officer patrolling is driving a vehicle.
152 November 14, 1991
Mr. Odio: You're correct, but remember, you have three shifts that work seven
days a week. If you have people taking their car home after they work their
four days, you need... to replace one car you need three. I don't know if I
am making this very clear, but that's a fact. For every police officer that
take a car home, you need to have another three cars available to the other
officers that are coming in to work in different shifts.
Commissioner Dawkins: But when we ordered automobiles, Mr. Manager, this
should have been explained to us.
Mr. Odio: Well, I didn't...
Commissioner Dawkins: We cannot take automobiles home, sir, if you're going
to buy a hundred and eighty cars. In order for everybody to take a vehicle
home, you're going to have to buy a hundred ninety-three, because we will have
a shortage of thirteen automobiles, so therefore, let's order thirteen
additional automobiles.
Mr. Odio: Well, if we have the...
Commissioner Dawkins: OK? - Am I right?
Mr. Odio: Well, if we have the money - it's a question of money also.
Commissioner Dawkins: Well, you got money because you all told me we had
money - you could provide the same level of services.
Mr. Odio: We are. The fact is that as soon as the new cars come in, the
nineteen people that are living in the City should have their patrol car.
Commissioner Dawkins: No, no, no. See, here we go again.
Mr. Odio: Will have.
Commissioner Dawkins: Thank you. See, because here we go, should and will is
different.
Mr. Odio: Will have. I didn't know you were concerned, I would have given
you a... it's my omission for not having informed the Commission that all the
people did not have cars.
Commissioner Dawkins: OK. Thank you, Mr. Mayor.
Mayor Suarez: All right. On the item before us, do we have a motion?
Commissioner Dawkins: That's what? - to pay the bill?
Mayor Suarez: I guess we took care of that.
Commissioner Alonso: Yes, we did.
153 November 14, 1991
60. APPROVE, IN PRINCIPLE, THE 1991-1997 CAPITAL IMPROVEMENT PROGRAM AS A
GUIDE TO CITY AGENCIES, BOARDS AND DEPARTMENTS.
Mayor Suarez: Item 39, the CIP, Capital Improvement Program. I'll entertain
a motion on that.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Vice Mayor Plummer: Doesn't mean he expects... the Manager does what he
wants, anyhow.
Commissioner Alonso: He does.
Mayor Suarez: Approving in principle.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion?
Commissioner Dawkins: Approve it in principle.
Mayor Suarez: Please, call the roil.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-850
A RESOLUTION, WITH ATTACHMENT, APPROVING, IN
PRINCIPLE, THE 1991-1997 CAPITAL IMPROVEMENT PROGRAM
AS A GUIDE TO CITY AGENCIES, BOARDS AND DEPARTMENTS.
(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.
154 November 14, 1991
61. (A)
(B)
MAYOR SUAREZ INQUIRES OF THE ADMINISTRATION IN CONNECTION WITH
ITS TIMETABLE FOR THE AFFORDABLE HOUSING BOND ISSUE.
BRIEF DISCUSSION CONCERNING THE MAYOR'S DISPLEASURE IN
RECOGNIZING THAT THE FACADE IMPROVEMENT PROGRAM FOR WYNWOOD IS
PROCEEDING AT SUCH A SLOW PACE.
Mayor Suarez: Is there any timetable for the affordable housing bond issue to
come back to us? Has any of the proponents of that discussed when that might
come? Marty Fine was the initial proponent of this.
Mr. Odio: I have not heard again of that. I don't think... the timing... we
need to come back to you in December.
Mayor Suarez: I think the citizens of Miami would seriously consider that as
soon as we get some of those other affordable housing projects on the way.
Mr. Odio: right.
Mayor Suarez: I would like to see - Mr. Hepburn smiling back there, I would
like to see Mr. Manager have other than Mr. Hepburn and other than the general
review by the assistant City Manager, whoever it may be, I don't know if it's
Sergio or Herb, have project managers for each of these, so that these happen
to get off the ground. By the way, the facade improvement program for Wynwood
is on a time table that is embarrassingly slow. I hope that that memo I just
received is not the best that we can do - if they are talking about completing
that by next September. That's way too long on a community that has been as
affected as Wynwood. But, on back to affordable housing, if we get these
things ground broken, Melrose - when is that going to happen Jeff? - November
they told me, I think we are in November.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: All right. If we get those ground breakings, I think people at
some point are really going to say, this is really beginning to bear fruit,
and might be inclined to approve it. Anyhow, so, get back to me on that,
would you? - on when we are going to lay... if nobody is promoting it anymore,
let me know, maybe one of us will take the task on, at the risk of our lives,
anytime you propose any indebtedness, of course. But - I mean, political
life, I don't mean the other kind of life. Anyhow, all right, did we vote on
39? Do we have a motion and a second, Madam City Clerk?
Ms. Matty Hirai: Yes, sir. We did.
Vice Mayor Plummer: We've already done 39.
Mayor Suarez: Thank you.
155 November 14, 1991
62. (A) FIRST READING ORDINANCE: ESTABLISH APPROPRIATIONS FOR CITY OF
MIAMI CAPITAL IMPROVEMENTS - REPEAL PROVISIONS IN ORDINANCE
10782 WHICH MIGHT CONFLICT.
(B) DISCUSSION CONCERNING MUCH -NEEDED STREET IMPROVEMENTS IN
DESIGNATED CITY AREAS.
------------------------------------------------------------------------------
Vice Mayor Plummer: I move 40.
Commissioner Dawkins: Well, Mr. Mayor, I'd like to...
Mayor Suarez: On 40, yes, it's been moved. Commission Dawkins.
Commissioner Dawkins: Forty, what is forty?
Mayor Suarez: It's the actual appropriations for...
Commissioner Dawkins: OK, OK, go ahead, I'll speak after the roll call.
Mayor Suarez: All right, that's close enough to a second. Any discussion on
40? If not, please call the roll.
Mr. Jones: Read the ordnance.
Commissioner Dawkins: Call the roll, Madam Clerk.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING APPROPRIATIONS FOR CITY OF
MIAMI CAPITAL IMPROVEMENTS; CONTINUING AND REVISING
PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENT
PROJECTS, ESTABLISHING NEW CAPITAL IMPROVEMENT
PROJECTS TO BEGIN DURING FISCAL YEAR 1991-92;
REPEALING PROVISIONS OF ORDINANCE NO. 10782, AS
AMENDED, THE FISCAL YEAR 1990-1991 CAPITAL
IMPROVEMENTS APPROPRIATIONS ORDINANCE WHICH MAY BE IN
CONFLICT WITH THIS ORDINANCE; AND PROVIDING
CONDITIONS, AUTHORIZATIONS AND DIRECTIONS TO THE CITY
MANAGER AND CITY CLERK.
Was introduced by Vice Mayor Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
156 November 14, 1991
, ,N
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.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: Mr. Manager, would you have someone on your staff,
someone from the Law Department, and someone from Housing, work on some kind
of an idea or legislation that we may be able to go out to certain
neighborhoods, because I am getting a lot of complaints about the streets that
are unpaved and have no curbing, and the people want to know why, and I keep
telling them it's because we do not pass any bonds. So, I wish you and the
City Attorney would find out if it's legal, or how you can go out to... and I
am just going to use an area, an area for discussion, and that is Shenandoah,
and we can go into Shenandoah and map it off, and if the residents in
Shenandoah say they are willing to pledge something, a tax on their property
to do their streets, could we do that right in... for them? And then, if
somebody else wanted to do that we could do it in their area?
Mr. Odio: OK. I think it's...
Commissioner Dawkins: Because the people who do not want bond issues, when we
pass the bond issues, their streets get done to.
Mayor Suarez: That's right.
Commissioner Dawkins: And it's unfair to the people who pass the bond issues
to go and do the streets of the people who say they don't want... they're not
going to pay for the bond issue.
Mr. Odio: yes, we could do the same way we are doing the sidewalk
improvement, or... yes, I'll bring something back.
Commissioner Dawkins: OK, would you do that for me please?
Mr. Odio: Yes.
Commissioner Dawkins: Thank you.
157 November 14, 1991
'N
--------------------------------------------------------------------------------
63. RATIFY MANAGER'S FINDING THAT A VALID PUBLIC EMERGENCY EXISTS CONCERNING
CONSTRUCTION OF SCATTERED SITE HOUSING HOMEOWNERSHIP DEVELOPMENT
PROGRAM - MODEL CITY PHASE II (PROJECT 321034) - RATIFY MANAGER'S
ACCEPTANCE OF INFORMAL BID OF APEX CONSTRUCTION ENTERPRISES, INC. TO
PROVIDE NECESSARY MATERIALS AND CONSTRUCTION SERVICES TO COMPLETE THREE
HOMES - AMEND EXISTING CONTRACT WITH ROBINSON CONSTRUCTION, INC.,
ACCORDINGLY.
-------------------------------------------------------------------------------
Mayor Suarez: Item 41.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion on item 41? If not, please call the
roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-851
A RESOLUTION, BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE
MEMBERS OF THE CITY COMMISSION, CONCERNING THE
CONSTRUCTION OF SCATTERED SITE HOUSING HOMEOWNERSHIP
DEVELOPMENT PROGRAM -MODEL CITY PHASE II, PROJECT NO.
321034, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING THAT A VALID PUBLIC EMERGENCY
EXISTED AND CONTINUES TO EXIST FOR SAID PROJECT
JUSTIFYING CERTAIN ACTION; RATIFYING, APPROVING AND
CONFIRMING THE ACTION OF THE CITY MANAGER IN ACCEPTING
THE INFORMAL BID OF APEX CONSTRUCTION ENTERPRISES,
INC. IN THE AMOUNT OF $134,500,00 AS THE LOWEST
RESPONSIBLE AND RESPONSIVE BID FOR NECESSARY
MATERIALS, CONSTRUCTION AND SERVICES TO COMPLETE THREE
OF THE FOUR HOMES IN SAID PROJECT; ALLOCATING FUNDS
THEREFOR IN THE AMOUNT OF $134,500,00 TO COVER THE
CONTRACT COST AND $9,262.00 TO COVER THE ESTIMATED
EXPENSES INCURRED BY THE CITY, FOR A TOTAL COST OF
$143,762.00; AUTHORIZING THE CITY MANAGER TO AMEND THE
EXISTING CONTRACT WITH ROBINSON CONSTRUCTION, INC.,
DATED FEBRUARY 27, 1990, BY DELETING THE THREE
AFORESAID HOMES AND REDUCING SAID CONTRACT FROM
$171,200 TO $42,800; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AND/OR ISSUE THE NECESSARY
DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY
WITH THE SUCCESSFUL BIDDER.
158
November 14, 1991
(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.
------------------------------------------------------------------------------
64. GRANT REQUEST BY METROPOLITAN SOUTH FLORIDA FISHING TOURNAMENT TO USE
FOUR BOAT SLIPS IN CONNECTION WITH THEIR EVENT.
------------------------------------------------------------------------------
Mayor Suarez: Item 42.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Dawkins: Why?
Mayor Suarez: Doesn't seem like the most earth shattering issue in the world.
Commissioner Dawkins: Yes, why?
Commissioner Alonso: They don't have to make a...
Vice Mayor Plummer: They want the four slips for the purposes of having the
tournament come in for their way in there.
Commissioner Dawkins: Forty-one?
Mayor Suarez: Yes.
Ms. Susan Baker: It's not quite correct as written.
Vice Mayor Plummer: Excuse me?
Ms. Baker: It's not quite correct as it's written here.
Commissioner Dawkins: Oh, forty-two, I have no problem with forty-two. Go
ahead, I was worried about forty-three.
Mayor Suarez: You're are not against it, are you ma'am?
159 November 14, 1991
�1
N
Ms. Baker: I am Susan Baker, executive director of...
Mayor Suarez: You are not against it, are you ma'am?
Ms. Baker: Pardon?
Mayor Suarez: You're not against?
Ms. Baker: No, I am not against it.
Commissioner Dawkins: OK, no problem.
Ms. Baker: We need slightly more than this.
Commissioner Alonso: Oh, that was it.
Vice Mayor Plummer: Slightly more than what?
Ms. Baker: We don't want just four slips overnight for parking for boats. We
would like for the boats that are fishing in the tournament to be able to come
in to Bayside and stay for four hours during the day of the tournament on
December 7th and participate in the tournament.
Mr. Albert Ruder: It's no problem.
Vice Mayor Plummer: No problem. Include it in there.
Mr. Ruder: Yes, the letter reflects the information correctly, since the
agenda only talked about four.
Vice Mayor Plummer: All right, so, it's four slips and up to four hours to
come in and bring in their fish.
Mr. Ruder: And about twenty boat slips on the next day for about four hours.
We don't have any problems with...
Vice Mayor Plummer: Move it.
Commissioner Alonso: Second.
Mayor Suarez: Moved and second. Any discussion? If not, please call the
roll.
Ms. Baker: Thank you.
160
November 14, 1991
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 91-852
A MOTION GRANTING REQUEST TO REPRESENTATIVE OF THE
METROPOLITAN SOUTH FLORIDA FISHING TOURNAMENT FOR USE
OF FOUR BOAT SLIPS ON THE NIGHT BEFORE THE TOURNAMENT,
DECEMBER 6, 1991, AND PROVIDING FOR 20 ADDITIONAL BOAT
SLIPS ON SATURDAY, DECEMBER 7, 1991, FOR A PERIOD OF
APPROXIMATELY FOUR HOURS, FROM 2:00 P.M. UNTIL 6:00
P.M., WITHOUT CHARGE, IN CONNECTION WITH ITS 57TH
ANNUAL FISHING TOURNAMENT.
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.
------------------------------------------------------------- ----------------
65. GRANT REQUEST BY CATHOLIC COMMUNITY SERVICE, INC. FOR RENTAL FEE WAIVER
FOR USE OF OFFICE SPACE IN MANUEL ARTIME COMMUNITY CENTER.
Mayor Suarez: Item 43, Catholic Community Services to request a rental fee
waiver. I guess the argument here is that this is the only exception we will
make because you are the only totally complete social service agency in that
facility.
Mr. Odio: And I recommend this. This is important to the kids.
Commissioner Alonso: I so move.
Vice Mayor Plummer: Second.
Mayor Suarez: So moved and seconded. Hopefully, it won't lead to a precedent
for anyone else and I think we can argue safely that you are the only...
Commissioner Alonso: We have very good explanation, I am sure.
Mayor Suarez: ...right - broad social service agency that is there in that
location.
161 November 14, 1991
Commissioner Dawkins: Second.
Mayor Suarez: OK, call the roll then.
Unidentified Speaker: Thank you very much.
Mayor Suarez: You're welcome.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-853
A RESOLUTION GRANTING THE WAIVER OF THE USER FEE FOR
OFFICE SPACE AT THE MANUEL ARTIME COMMUNITY CENTER TO
CATHOLIC COMMUNITY SERVICES, INC., LITTLE HAVANA
OUTREACH OFFICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
66. GRANT REQUEST BY THE DR. MARTIN LUTHER KING PARADE AND FESTIVITIES
COMMITTEE, INC. FOR CLOSURE OF DESIGNATED STREETS CONCERNING ITS PARADE
(See label 72 & 74).
Mayor Suarez: Item 44.
Mr. Preston Marshall: My name is Preston Marshall, president of the Martin
Luther King, and we will like to request - the date on here is wrong, January
20th is the holiday, we will like to ask for the closure of the designated
streets in that particular area, fee waivers of the police and rescue and the
park fees, some in -kind services from the City of Miami, and some...
Mayor Suarez: As to the street waivers and anything that is not out-of-
pocket, I'll entertain a motion.
Vice Mayor Plummer: Move it.
162 November 14, 1991
Commissioner Alonso: I so move.
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. 91-854
A RESOLUTION RELATED TO THE MARTIN LUTHER KING DAY
PARADE TO BE HELD JANUARY 15, 1992, PROVIDING FOR THE
CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR
TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION
SERVICES; REQUIRING PARADE ORGANIZERS TO POST A BOND
TO COVER THE COST OF SOLID WASTE SERVICES;
CONDITIONING ALL APPROVALS AND AUTHORIZATIONS GRANTED
HEREIN 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.
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.
COMMENTS MADE DURING ROLL CALL:
Mr. Marshall: And we will like...
Ms. Matty Hirai: Excuse me.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: OK, Doctor.
Commissioner Dawkins: Now, go ahead.
Mr. Marshall: Or, I'm sorry. OK, we will like if we can have any in -kind
services and any monies possible to assist us...
Vice Mayor Plummer: So would we.
163 November 14, 1991
Mr. Marshall: ... to have some kind of activity in the black community which
have not been any of this particular year from any point of view. And we need
the services and assistance badly.
Commissioner Alonso: We had agreed that this was going to be part of our
budget because it was a yearly event, and the last time he came in front of
us, this was approved by the Commission that it going to be included in our
budget. Was it included?
Mr. Marshall: It was supposed to be placed on the budget but it never has
gotten there. Never got there.
Commissioner Alonso: Why not?
Mr. Odio: Don't remember being in the budget.
Vice Mayor Plummer: This is one of things that got cut out.
Mr. Marshall: Last two or three we've been fighting to get it in there, you
instrumentally assisted us in trying and we still haven't gotten it there.
Commissioner Alonso: How much are you asking?
Mr. Marshall: Well, we are hoping we can get ...
Mr. Odio: It's eleven thousand three hundred and nine dollars ($11,309).
Commissioner De Yurre: Move it.
Commissioner Alonso: And what are the... did you cut all of the events from
the budget? - Because I do have recollection of seeing this in the budget. We
don't have any money allocated for this?
Mr. Odio: No, I don't... let me check. I can't go by...
Commissioner Alonso: Maybe, we should table this item and come back so we can
check.
Mr. Odio: We can bring it back in a minute.
Mayor Suarez: OK, let's table it for a few minutes.
Vice Mayor Plummer: Let's come back to it.
Mr. Marshall: OK.
NOTE FOR THE RECORD: At this point, item 45 was
called for discussion. The record was marked to
reflect no appearance by interested parties at the
time.
164 November 14, 1991
0
67. GRANT REQUEST BY MIAMI LIGHT PROJECT, INC. FOR RENTAL FEE WAIVER FOR USE
OF VIRRICK GYM AND THE CALEB CENTER FOR THEIR EVENT.
Mayor Suarez: Item 46, Miami Light project. Yes, ma'am.
Ms. Janine Gross: My name is Janine Gross and I am the director of the Miami
Light Project which is a not -for -profit organization that presents an annual
music dance and theater program. I am here to make two requests.
Mayor Suarez: For what work...?
Mr. Odio: We recommend this.
Mayor Suarez: OK, just the fee waivers.
Mr. Odio: The rental fee for this gym here.
Mayor Suarez: With the assumption that...
Mr. Odio: They cover all the expenses.
Mayor Suarez: And that there would be nothing else happening that day that
would be income producing for us, and it's not going to be an out-of-pocket.
And with that...
Mr. Odio: There is no income producer over there.
Mayor Suarez: On that basis, I will entertain a motion.
Commissioner Alonso: Yes, I so move.
Vice Mayor Plummer: Second.
Mayor Suarez: So moved.
Ms. Gross: Excuse me, the agenda item is incorrect in that we need the gym on
Friday 6th and Saturday 7th. Friday is the setup day, the rental fee for both
days is four hundred dollars.
Mr. Odio: not have to pay any rental.
Mayor Suarez: All right, we agree on the days, no problem - administration
recommends. It's not an item that we could spend much time on.
Ms. Gross: OK, thank you.
Mayor Suarez: It's not worth it. Moved and second. Any discussion? If not,
please call the roll.
165 November 14, 1991
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 91-855
A MOTION GRANTING REQUEST RECEIVED FROM REPRESENTATIVE
OF MIAMI LIGHT PROJECT, INC. FOR RENTAL FEE WAIVER FOR
USE OF THE VIRRICK GYM ON DECEMBER 6 AND 7, 1991.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: Ma'am, I didn't mean it's not worth it, that your program isn't
worth it. It's not worth it for us to get into it.
68. DIRECT CITY ATTORNEY TO PREPARE AN ORDINANCE GIVING CITY MANAGER
AUTHORITY TO USE HIS OWN DISCRETION CONCERNING THE GRANTING OF USER FEE
WAIVERS FOR USE OF CITY FACILITIES.
-------------------------------------------------------------------------------
Mayor Suarez: And Mr. City Attorney, once again, if on rental waivers and if
this Commission is inclined to go with me on this, you would prepare an
ordinance that would allow rental waivers when the Manager has satisfied
himself that nothing else would take place that day...
Mr. Odio: What is that?
Mayor Suarez: ... and that there are no economic consequences to the City,
and that the object of the use of a facility is for something that we
generally sponsor, that he could make that determination without this
Commission having to act on it. I would really appreciate an ordinance to
that effect, so we don't have to have these items here. At the same time, we
are sending a message that anything that requires money, the answer is no.
Don't even bother to come although we have to hear them. We've sent a message
that if it's rental waivers of a facility that people want to use for
something worth while, legal, and it won't cause any out of pocket expenses,
and won't conflict with something that would produce income for us, that you
have the authority to do that. That would really...
166 November 14, 1991
A
IN 4
Mr. Odio: Mr. Mayor, I think it would be very simple if we just say, if it's
not a line item in the budget, it cannot be approved. Because we...
Mayor Suarez: I've said that...
Commissioner Alonso: He said that already.
Mayor Suarez: ... and I've voted that way. It's tough to prevent people
under our charter and our code from having a hearing - that's the only problem
I've got.
Mr. Odio: As long as she understand that. It's hard for me to say no all the
time, but if it's not in the budget, I will recommend against it because I
don't have monies to find at the end of the year.
Mayor Suarez: I agree. I would almost create a mechanism that is so
difficult for them to get to this Commission, that they are told so many
times, we just don't have it, we can help you in other ways, we can make
these facilities available, we can help you with private funds and whatever,
ultimately, they would probably be discouraged. In the County and other
places, they don't reach the County agenda very often.
Vice Mayor Plummer: They sure don't.
Mr. Odio: They never do.
Mayor Suarez: Right. They go through subcommittees, committees, staff, and
by the time that they would go to the Commission if they had a right to demand
it - they must have a right, Mr. City Attorney to reach the County Commission
agenda - any interested party. Or is just a tradition that we have here that
anybody can come up here and ask for money?
Mr. Odio: No, I think they have the...
Vice Mayor Plummer: Yes, but they know that they are wasting their time going
before the County.
Mayor Suarez: Well, then maybe, it's a matter of self-discipline in
establishing that tradition. We've been pretty tough in general. I mean, if
we stick to it, pretty soon, the message will be out. We are seeing less
items, but, just warning everybody. We just sent one to be considered and we
are not funding festivals. It's as simple as that.
167 November 14, 1991
69. DISCUSSION CONCERNING CITY'S FUNDING AND LEGISLATIVE ISSUES PACKAGE FOR
CONSIDERATION BY THE 1992 FLORIDA LEGISLATURE.
Mayor Suarez: All right, 47, the City's funding and legislative issues
package for consideration by...
Commissioner Alonso: Yes, I want... he is going to make a presentation or
what?
Commissioner Dawkins: I would like for the Commissioners to look through here
and tell me what they pick out as their priorities because I am going to be up
there, and I am going up there for the special session, the 9th, and what we
got here is like the drug free zone, I know all of us want that around the
churches and the seminars. The scrap metal purchase, we definitely want to
push that to ensure that they stop tearing windows out of our homes. And I
have researched, which I will give each of you a copy, Dade County gets over a
million dollars a year to dispose of old automobile tires.
Commissioner Alonso: Yes.
Commissioner Dawkins: And the law says, for Dade County. They have not given
us... and this has been going on for four years, we have not gotten one penny,
and on top of that, they double -dip because as we collect the tires that they
are supposed to be giving us money to collect, they make us pay a dumping fee
to dump them.
Commissioner Alonso: Yes. I brought this to the Commission and instructed
the administration to take action.
Commissioner Dawkins: That's what started me to research it.
Commissioner Alonso: Yes.
Commissioner Dawkins: And I've got it over here on my desk from Aurelio, that
it is... I mean, they get money each year. So we need to have somebody... I
will go before the legislature, I mean, the Dade delegation and have them
understand that the County is double-dipping, and naturally, you ought to know
this also, they get a million dollars, the County.
Commissioner Alonso: They... yes.
Commissioner Dawkins: Over a million dollars a year to collect old automobile
tires in the County. They take that money and they still... we pick up the
tires, like you do in Hialeah, and they charge you for dumping them, they're
double-dipping. They are getting the money from the State and they're also
getting money from us because they make us pay for bringing the tires to them.
I'll send you a copy of the law.
Commissioner Alonso: That's very unfair.
168 November 14, 1991
Mr. Ron Williams: Commissioner Dawkins, you're absolutely correct as
Commissioner Alonso has raised all along, we have worked with the County, we
have talked to them and certainly, the actions of the legislature will have to
make the difference. At this point, the Trust Fund designates the County as
the recipient and basically gives them control and interest in the funds.
Dade County has talked to us, and as said, they are going to come up with a
distribution method. It has not happened. At this point, certainly a change
at the legislature will clear up that issue.
Mayor Suarez: Lieutenant.
Commissioner Alonso: It's incredible.
Mayor Suarez: Would you be able to, very quickly, like in the next two hours
and fifteen minutes before 5:00 p.m., or hour and fifteen minutes, whatever it
is, get me any information you can on, and maybe, you know it off the top of
your head, on the Law Enforcement Trust Fund, or forfeitures fund that the
State may have from their law enforcement activities? The reason I need it
quickly is that I've got to testify before a Dade County delegation tomorrow
and I wanted to do with the State what we have been thinking or trying to do
with the City which is the linkage between the Trust Fund, the Law Enforcement
Trust Fund and the homeless. And so far, the State which initially at the
governor's level expressed a lot of interest in this possible use of the
money, totally forgot that that was what we suggested it could come from, and
has directed us in different directions. It would be nice to know if they in
fact have forfeitures, and they in fact have a mechanism, I would guess they
would have forfeitures.
Lt. Joe Longueira: I think they do in some but I think it's by each agency.
Mayor Suarez: And if they have a mechanism for that money then being used for
operations of their law enforcement agencies, and maybe a call to the FDLE
(Florida Department of Law Enforcement) would clarify that right off the bat
or...
Lt. Longueira: I'll see what I can do.
Mayor Suarez: I would appreciate it. I should also let Commissioners know in
connection with legislative agenda that I am scheduled to speak before Dade
County Delegation tomorrow. One of the things I intend to bring up has been
discussed here before. I think we generally support it. I know Commissioner
Alonso has made reference to it before, and that is a passenger facility
charge to be charged in connection with ports, airports, and other similar
facilities. By the way, apparently it's beginning to prosper in the minds of
County Commissioners. County Commissioner...
Commissioner Alonso: Finally.
Mayor Suarez: Yes, Charles Dusseau mentioned it the other day at the
Department of Transportation hearings. While I'm on that, I should let you
know that one of the things I testified before the Department of
Transportation was a concern for S.W. 8th Street between 27th Avenue and I-95.
They intend, DOT (Department of Transportation) intends to resurface that.
Let me tell you very quickly...
169 November 14, 1991
Commissioner Alonso: This afternoon they have a public hearing at 5:00
o'clock to discuss with the merchants and neighbors in the area.
Mayor Suarez: Great. They managed to hear all my testimony, and never
informed me of that, which shows how difficult it is sometimes to communicate
with all of them. They have a difficult passive attitude. I was given three
reasons why they had to do that work. Of course, my concern is the one you
expressed, which is the merchants having their activities disrupted, the
residents, the dust, not to mention the expense. Because if they didn't have
to spend the money resurfacing that stretch, they could use the money for more
worthwhile transportation projects. This is literally what I was told. The
first answer I was given by a very nice assistant over there, whose name I
won't mention to protect him, was Mrs. Forrester wants it. And I said, who is
Mrs. Forrester? And he said, the lady who has been an activist in this,
thought it was a good idea. He even referred to the quincentennial
celebration as being somehow related to the new surface on S.W. 8th Street.
This is incredible.
Commissioner Alonso: Could this be the lady of the palms? -the palm trees?
Mayor Suarez: Maybe it's the lady of the palm trees.
Commissioner Alonso: That she's so effective when she calls any of these
departments?
Mayor Suarez: That gets the palm trees, or doesn't get the palm trees. That
argument obviously was not a heavy one for me, I mean, a weighty one for me.
_ I said, I don't know this individual, and she doesn't work for us, I'm pretty
sure. She's not our traffic expert who is in Planning who is Clark Turner. I
mean, I don't know where she came from. Then, the second argument I was given
is that the street has a life of 20 years. And I said, well, I took a look at
it recently - I take a look at it almost everyday - and I'm sure the members
of this Commission drive on it, and it doesn't look to me like it's about to
erode. It's got about 15 years so far. Maybe you ought to wait till the
19.999th year. So that was my second answer to their second answer. And then
the third one was, well, actually, we have a parabolic crown. The old
parabolic crown.
Commissioner Alonso: They created it.
Mayor Suarez: They created the parabolic crown with resurfacing. Now they
intend to remove it all and start from scratch with a level street. And I
said, folks, you're... previously you messed up by doing all this resurfacing
possibly, if the present is any indication. And now you want to undo all of
that at a huge cost, and incredible disruption. So I'm glad to hear you say
that they are going to be having a hearing today with the merchants. I can't
imagine a single one testifying in favor of it, because as bad as that stupid
parabolic crown is, when you park your car, the door hits the curb because
it's such an incline...
Mr. Prieto: Right.
Commissioner Alonso: They created all of that.
170 November 14, 1991
Mayor Suarez: They created that.
Mr. Prieto: Right.
Commissioner Alonso: About ten years ago.
Mr. Prieto: Yes, that's right.
Mayor Suarez: And as bad as it is, I would guess that people would prefer to
have that for another few years than have the whole street torn up. Because
the surface is actually in awfully good shape. And how it's going to somehow
disappear five years from now when the 20th year comes up... and by the way,
the people who set those norms - and this I did not say publicly, but I'll say
it now - the people who set those norms are typically people in the highway
building industry and it's in their interest to say they only have a 20 year
life. In Dade County, with our weather conditions, which are optimum for
roadways, they may have a 40 year life for all I know. And that means one-
half less the amount of work for all the people who do streets and highways.
And none of that was considered. It's incredible.
Mr. Odio: Mr. Mayor...
Commissioner Alonso: Did they explain to you that they are planning to remove
the parking meters and the parking on the sides of 8th Street? And I see that
as a very serious problem, because you know the situation in 8th Street, we
don't have parking.
Mayor Suarez: Oh, they want to make it into a thoroughfare? They want to
make it into an expressway with more lanes for traffic to go at 90 miles an
hour?
Commissioner Alonso: Well, that's what I told... that's exactly what I said.
Mayor Suarez: And two ways and all of that?
Mr. Odio: Mr. Mayor, I've been working for a few years on the idea of
bricking - brick paving - the Latin Quarter at least. And I certainly do not
want to see asphalt back in there if we could get the bricking in place. And
I don't know how we can...
Mayor Suarez: Oh, Mr. Manager, I suggest the administration...
Mr. Odio: We're going to a meeting tonight.
Mayor Suarez: ...get very active in that meeting today, and just like you did
with the sanitary sewers in Coconut Grove - which everybody says, you got to
have them, you got to have them, the neighbors say we don't want to have them,
and we're professionally inclined to say we don't want to have them. Maybe we
should not be resurfacing that street over there, and we should not be
taking...
Mr. Odio: I would like your permission though...
a
171 November 14, 1991
L3
Aw
Mayor Suarez: ...and certainly not taking away the parking meters, and
certainly not widening it or making two -ways or doing whatever the merchants
don't want and the residents don't want.
Mr. Odio: If we can convince them... if we cannot convince them to stop, if
we can convince them to let us brick, can we have your permission to do that?
Mayor Suarez: I'm not concerned about the bricks. I'm concerned about that
street being torn up and that street being widened, and that street being made
into a thoroughfare. You could put the bricks wherever you want.
Commissioner Alonso: And we had so many problems about ten years ago. Many
merchants were ready to leave and today the situation is even worse. So if
they are hit by this work for extended period of time, it's going to be the
end of 8th Street as I see it.
Mayor Suarez: And I told them that that was happening on 27th Avenue. I
don't know if you've seen what is happening on 27th Avenue north of 836...
Commissioner Alonso: Oh, yes.
Mayor Suarez: ...and right at the 836 interchange?
Mr. Prieto: Right.
Mayor Suarez: It is disastrous, and I told them that. It combines with the
drawbridge lifting to make it totally impassable at certain times of the day.
And, apparently, they thought that 27th Avenue ought to be widened. And I
said, why does it need to be widened? You want a higher capacity of traffic
to go where? Our people don't need to go through the City at high rates of
speed. They live there. They work there.
Commissioner Alonso: That's right.
Mayor Suarez: So if you want to do it for people from the suburbs, send them
around on the expressway, put them on helicopters, put them on whatever you
want...
Commissioner Alonso: That's right.
Mayor Suarez: ...but don't mess up our streets. In Coral Gables, look how
difficult it is to get through Coral Gables on Coral Way. South Bayshore, any
transportation planner would love to widen South Bayshore. Can you do it?
Hell no, because the neighbors won't let you do it. But when it's Little
Havana, who's there to speak for them? And I want the administration of this
Commission agrees to get very actively involved in this so it doesn't have to
be all of us all the time who are picking up on this. I picked it up because
I'm on the metropolitan planning organization, so I do have some
responsibility there. But Commissioner Alonso must have picked it up
somewhere else.
Commissioner Alonso: Yes.
Mayor Suarez: It's not...
172 November 14, 1991
i
Commissioner Alonso: And I informed them.
Mayor Suarez: Great.
Commissioner Alonso: Because, actually, CAMACOL called for a meeting and we
didn't know about it. Dr. Prieto was not invited. No one for the City was
invited. Everyone was speaking on behalf of the City, and we were not
informed. Then I contacted Dr. Prieto, and he got involved from then on. And
I guess that we will be present today.
Mr. Prieto: I'll be there tonight, yes.
Commissioner Alonso: OK.
Mr. Prieto: Five o'clock.
Mayor Suarez: Who is Mrs. Forrester? While you're there, would you please
find that out for me. I mean, who is Mrs. Forrester?
Commissioner Alonso: Do you know who she is?
Mr. Prieto: He's a public relations officer for public... Department of
Transportation.
Commissioner Alonso: She is?
Mayor Suarez: Mrs. Forrester?
Mr. Prieto: No, well Forrester, I thought you said Forster...
Mavor Suarez: Servando.
Mr. Prieto: Eileen Forrester is a lady that's been here several times before.
She plants trees on S.W. 8th Street.
Commissioner Alonso: The one with the palm trees.
Mr. Prieto: Yes, she's an activist of S.W. 8th Street.
Commissioner Alonso: She calls...
Mayor Suarez: Is she against the palm trees or in favor of the palm trees?
Commissioner Alonso: No, no she's in favor.
Mayor Suarez: In favor of the palm trees.
Commissioner Alonso: But she wants someone to come and water the palm trees.
So she called the Governor and can you believe they reacted to her?
Mayor Suarez: Well, this whole thing on S.W. 8th Street, I was later...
Commissioner Alonso: We can call and they don't respond.
173 November 14, 1991
Mayor Suarez: I was later told, resulted when Mrs. Forrester, the principle
transportation activist in all of South Florida apparently, went to the
hearings of the TPC which is the advisory group to the metropolitan planning
organization, and embarrassed them into saying you're not doing anything for
Little Havana. You're not doing anything for this area, you're doing all
these other highways. And no one thought to say, well, let's be... before we
do what Mrs. Forrester wants, let's check with the merchants, let's check with
the residents...
Commissioner Alonso: So she got us into the middle of all of this?
Mayor Suarez: Yes, as far as I can tell, that's the only answer I was able to
be given.
Commissioner Alonso: I can't believe this. These people are not even
serious.
Mayor Suarez: Now DOT apparently thinks that they don't work for the citizens
of Miami. They apparently think that they work for someone in Tallahassee
that doesn't pay, you know, our taxes, doesn't live here, doesn't endure
the... they don't even consider the disruption.
Commissioner Alonso: No, not at all.
Mayor Suarez: I mean, there may be a project somewhere along the line that
probably is a good idea to do, but the disruption is so bad that you just sort
of hold your nose and hope that something happens ten years from now, that
there will be new technology or something, that you could just sort of lay
down a coat of new tar or some other kind of material and just hope for the
best, because the disruption is so bad. They don't even consider that as a
consequence. It's just incredible.
l
i
Commissioner Alonso: One point, Dr. Prieto, that perhaps you should
emphasize, if the work has to be done for some unknown reason that is positive
for the area that we certainly set priorities, two blocks at a time, something
to that effect. One block, work at night, you know, as much as we can to
protect the merchants in that area.
Mr. Prieto: As per City Manager's request, we will have a report for you on
what happens tonight.
Vice Mayor Plummer: Doctor, let me ask you a question. You know, the County
nice and passed a thing called a manhole ordinance. That what it's called? -a
manhole ordinance. And they hire policemen. Would you find out for me what
those policemen are supposed to be doing for the 11 cents per prescriber?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Vice Mayor Plummer: No, I mean... really and truthfully, are they guarding
the hole? You know, what are they...?
Mr. Prieto: Yes, they're supposed to stand physically there.
174 November 14, 1991
,N
Commissioner Alonso: They have to stand next...
Vice Mayor Plummer: They're supposed to what?
Mr. Prieto: They physically should be there while the manhole is open.
Vice Mayor Plummer: And have you ever seen one of them out of the car?
Mr. Prieto: Yes, I see them.
Vice Mayor Plummer: Or, as I saw yesterday, the one watching television and
reading a book.
Mr. Prieto: Possibly.
Vice Mayor Plummer: Huh?
Mr. Prieto: I've seen them standing next to the manhole.
Vice Mayor Plummer: Standing next to the manhole.
Mr. Prieto: And sometimes they do park the car.
Vice Mayor Plummer: No, it's FHP (Florida Highway Patrol), it's not us. No,
FHP are the ones. They sit there in their car and they watch television
and... I don't know why we got to guard a hole.
Commissioner Alonso: It would be nice to know how much it costs.
Mr. Prieto: Does that mean you want us to implement a manhole ordinance, sir?
Vice Mayor Plummer: No, God forbid!
Commissioner Alonso: Please.
Vice Mayor Plummer: Here comes fiction and fact from Joe's Almanac.
Lt. Longueira: Just one thing, the item number 45 in the legislative package,
if you get a chance to look at it, it deals with investigations of police
officers. This is an important item to the administration of the department.
What it does, it inhibits our investigation of officers by allowing them to
read all witnesses' statements prior to them even being interviewed. OK. And
we would like that... it was enacted in 189 and we would like it repealed.
There's no reason why an officer... if you make a complaint and give a written
statement, he gets the right to read what you said before he's interviewed.
You know, that's crazy. And we would like that repealed, and it's important
to the department and the administration to deal with corrupt policemen and
policemen that are negligent in their duties.
Mayor Suarez: I fully agree. I fully agree.
Vice Mayor Plummer: Well...
Commissioner Dawkins: Joe, get that to me and I'll... it's not on here.
175
November 14, 1991
Lt. Longueira: I'll get it to you. I'll make you a copy right now.
Mayor Suarez: OK...
Vice Mayor Plummer: All right, where are we?
Commissioner Aionso: We were on 47.
Mayor Suarez: We were on the legislative agenda. If there's anything further
on that, if not, let's move on to... and remember that the next announced
visit to Tallahassee is by Commissioner Dawkins, December 8th?
Commissioner Dawkins: Eighth.
Mr. Odio: Could you ask... could I ask you...
Vice Mayor Plummer: No, December 10th.
Commissioner Dawkins: Tenth.
Mayor Suarez: Tenth, and we ought to get to him...
Vice Mayor Plummer: Dawkins, are you going up for that?
Commissioner Dawkins: Yes.
Vice Mayor Plummer: That's a special call.
Commissioner Dawkins: Yes, but I can't lobby everybody if I'm not up there
when they up there, J.L.
Mr. Odio: Could I answer you to leave it open-ended so that in case we have
to add an item...
Mayor Suarez: Yes. Absolutely.
Commissioner Dawkins: Yes, all of them wi11 be there, so I'll have to catch
them up there.
Vice Mayor Plummer: Well, you can lobby them then. But the special call, I
think, is only to address the deficit.
Mayor Suarez: The deficit.
Commissioner Dawkins: Yes, but they are in their offices when they are not
sitting in the special call for me to...
Vice Mayor Plummer: Well, let me tell you one thing if you would, for me,
when you're there - for this Commission, not just me. One of the things that
is being proposed to cut out of all the devastating things that they're going
to do that I think is going to create havoc in this town if they do, is La
Liga Cancer. They have been cut out completely by the state. And I want to
tell you that the La Liga Cancer, in my estimation and knowing their
176 November 14, 1991
r
operation, save the State of Florida money by their operation. And here they
are... to me, it's cutting their nose off, it doesn't make any sense. So if
you're up there, on behalf of La Liga Cancer, I would definitely appreciate
you putting in a good word for them.
Commissioner Alonso: That's right.
Commissioner Dawkins: I'm up there for the behalf of the City of Miami, and
that is in the City, so we'll....
Vice Mayor Plummer: Yes, sir.
Commissioner Dawkins: OK. Just give me a little brief something, J.L., so I
can...
Vice Mayor Plummer: All right.
Mayor Suarez: OK. Back to item 48. Commissioner Alonso, impact fees.
Commissioner Alonso: Forty-eight, I'd like to continue this item for January
9th.
Mayor Suarez: OK. So ordered.
NOTE FOR THE RECORD: Upon Commissioner Alonso's
request, item 48 was continued to the January 9, 1992
Commission Meeting.
------------------------------------------------------------------------------
70. GRANT REQUEST FOR CLOSURE OF DESIGNATED STREETS IN CONNECTION WITH THE
NAVIDAD MUSICAL EN LA PEQUENA HABANA EVENT. (Schedule this issue for
further consideration at December 5th meeting.)
------------------------------------------------------------------------------
Mayor Suarez: Item 49.
Commissioner Alonso: OK...
Mayor Suarez: This is the section of the agenda that's devoted to
Commissioner Alonso.
Commissioner Alonso: Well, actually...
Mayor Suarez: "Navidad Musical en la Pequena Habana."
Commissioner Alonso: Yes. This is a series of activities that will take
place, and especially one that is going to be December 14th between 7:00 and
177 November 14, 1991
10:00 p.m., S.W. 8th Street and 22nd Avenue. But we need street closures
between 27th Avenue and 17th Avenue. Also, we need rescue unit. We will need
sanitation, personnel and equipment. And I would like that we approve this in
principle, but I come back with this item December...
Vice Mayor Plummer: Fifth.
Commissioner Alonso: ...fifth, because I don't agree with the cost as it was
given to me for the Police Department. So I would like to check this. They
are giving me numbers for a cost of eight hours, and it seems to me that the
price is very high. And I would like to come back December 5th, and I think I
will have plenty of time to get this approved.
Mayor Suarez: Yes...
Commissioner Alonso: So if I need to make a motion that this be approved in
principle...
Mayor Suarez: You're talking about the closure, not the spending.
Commissioner Alonso: We are talking the... yes, the street closure. The
rescue unit is $324, sanitation equipment and everything, they say it's a
thousand dollars. But the Police Department I don't agree with it, and the
amount is very, very high. And I'd like to look this over.
Mayor Suarez: OK, as to all those items, we would then reconsider them on the
5th and with instructions to the Manager to work to try to reduce these. They
all have to be paid by this entity or by the sponsors as a denominational
activity.
Commissioner Alonso: Well, actually, the sponsors are going to pay the... 8th
Street is going to be lit with Christmas lights all the way through. We are
going to have activities all through 8th Street for about 15 days. And the
sponsors are going to be paying for all of the lighting and installation that
is at a cost of about $50,000. And they will be paying for this. And it will
be a yearly event. So I think it's very beneficial for the area, for the
merchants, and for the City of Miami because positive reflection... Channel
23, is one of the sponsors and I think that it's going to be positive.
Mayor Suarez: Would you...
Commissioner Alonso: So I would like to approve this in principle with the
exception of the Police Department that I don't agree.
Mayor Suarez: As to any expenditures, I would like to withhold any
determination on that until the City Attorney looks at it. Keep in mind,
Commissioner, that as long as there's a denominational character, we can't
subsidize it in any way. So either those activities are found somehow to be a
City service being rendered at the same time, or that part of it has to be
handled by a nondenominational group with a nondenominational character.
Vice Mayor Plummer: You'll have a lawsuit faster than you know what hit you.
ACLU (American Civil Liberties Union) did it on the Courthouse cross.
178 November 14, 1991
Commissioner Alonso: But it doesn't have any...
Vice Mayor Plummer: If it has the word Christmas...
Mayor Suarez: You have to call it holiday.
Vice Mayor Plummer: Holiday.
Mayor Suarez: And you don't want to do that in this case. It's better to get
the money.
Vice Mayor Plummer: No, call it by holiday, seasonal holiday, something like
that. That's what I'm doing in Bayfront Park.
Commissioner Alonso: OK.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes?
Commissioner Alonso: OK, we'll take it back December 5th, and we'll change
that, the name of....
Commissioner De Yurre: Before I can even con...
Mayor Suarez: Would you keep an eye on it, because I've already got one
letter on this issue, and I don't need to have legal entanglements. Yes,
Commissioner De Yurre.
Commissioner Alonso: Yes, for a street closure, we can move now. Right?
Vice Mayor Plummer: Yes.
Commissioner Alonso: OK.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: Before I can even consider this in principle, I need
to understand what we're talking about. Are we talking about closing 8th
Street for ten days?
Commissioner Alonso: Four hours. No, we are talking about closing 8th Street
one day from... it's December 14th, from 7:00 until 10:00 p.m. Basically,
what is going to be, from 27th Avenue through 17th Avenue. And as we move
along with the parade, the streets will be open. And we will stay only at 8th
Street and 22nd Avenue for about two hours or so.
Commissioner De Yurre: Then what is ten day situation, here it says....?
Commissioner Alonso: Ten days is different activities, but it will be in
private property so we will not be interrupting traffic or blocking traffic in
any way.
179 November 14, 1991
Commissioner De Yurre: So it's only closing street one day only.
Commissioner Alonso: Just one day.
Mayor Suarez: Three hours?
Commissioner Alonso: Yes.
Commissioner De Yurre: For three hours.
Commissioner Alonso: Yes.
Commissioner De Yurre: And we're going to get... then we need to get into the
cost basis, insurance...
Mayor Suarez: It all has to be paid separately.
Commissioner Alonso: Exactly, that's what we are talking about...
Commissioner De Yurre: And everything else. Is this...
Commissioner Alonso: That's what we're talking about now. We are talking now
about the street closures only.
Commissioner De Yurre: Is this going to be a City of Miami sponsored event...
Commissioner Alonso: Yes, yes...
Commissioner De Yurre: ...or your own sponsored event?
Commissioner Alonso: Yes, yes...
Commissioner De Yurre: City of Miami?
Commissioner Alonso: Yes.
Commissioner De Yurre: OK.
Mayor Suarez: OK, as to the item of the street closures, I don't think
there's any...
Commissioner Alonso: We can move on that. Is that...
Mayor Suarez: ...legal problems or any logistical problems...
Cormsissioner Alonso: Mr. Jones.
Mayor Suarez: ...for a City -sponsored event.
A. Quinn Jones, III Esq.: No, I don't think that with respect to the street
closures, again the expenditures may pose a different problem in terms of...
Mayor Suarez: We're leaving that for consideration to the next meeting.
180 November 14, 1991
Mr. Jones: ...yes, the establishment clause.
Mayor Suarez: Please work with the Commissioner, and anyone...
Commissioner De Yurre: Now, Mr. Mayor, just by the same token, if we're
looking at this situation, which I'm sure is going to run into thousands of
dollars, you know, we've got the Martin Luther King Parade sitting right there
too.
Mayor Suarez: I'm not ready to spend a penny for my vote on this. Just like
I can't conceive of spending money for...
Commissioner Alonso: Actually, what I'm asking is... I'm not asking for any
money now, just the street closures. And we were talking about the rescue
unit that is at a cost of $324. And if the Commission don't want to do it for
an event that is very positive for the community, never mind, I'll pay it.
Mayor Suarez: Yes, we can find some private sponsors or something like that.
Commissioner Alonso: Well, actually, the private sponsors are paying over
$50,000 in lighting...
Mayor Suarez: I understand.
Commissioner Alonso: ...the 8th Street and maintaining the event for all of
these series of days. But this amount is not going...
Mayor Suarez: And it's not before us at this point. You're presenting only
the...
Commissioner Alonso: No, it is not. It is not.
Mayor Suarez: OK.
Commissioner Alonso: The street closure is the only one that is front of us.
And I want to be back with it December 5th.
Mayor Suarez: Very good. All right, as to the street closure, any questions,
any further questions on that? If not...
Commissioner De Yurre: I got no problem with that.
Mayor Suarez: ...please call the roll.
Commissioner De Yurre: Second.
181
November 14, 1991
0
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-856
A RESOLUTION RELATED TO NAVIDAD MUSICAL IN LITTLE
HAVANA TO BE HELD DECEMBER 14, 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; CONDITIONING ALL APPROVALS AND
AUTHORIZATIONS HEREIN UPON THE ORGANIZERS PAYING FOR
ALL THE NECESSARY COSTS OF CITY SERVICES AND FEES
ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO
PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE
CITY MANAGER OF HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
71. ENDORSE CODESIGNATION OF A PORTION OF 25TH AVENUE IN HONOR OF REVEREND
MARTIN ANORGA (See label 82).
Mayor Suarez: Item 50.
Commissioner Alonso: OK, this is in the occasion of the retirement of
Reverend Martin Anorga. They have come...
Mayor Suarez: What stretch of 25th Avenue is it?
Commissioner Alonso: It's adjacent to the church, 7th Street...
Mayor Suarez: A fairly discreet stretch, and fairly discreet codesignation...
Commissioner Alonso: Yes, we were talking just in front... yes, one block.
182 November 14, 1991
,*
Mayor Suarez: ...cost to be borne by the sponsoring organization, the usual.
Vice Mayor Plummer: Second the motion.
Commissioner Alonso: One block, two blocks.
Vice Mayor Plummer: Second the motion.
Mayor Suarez: Moved and seconded. Cost to be borne by, maintenance to be
borne by the sponsoring organization, as always.
Vice Mayor Plummer: No, no, no...
Commissioner Alonso: No, I don't think that...
Vice Mayor Plummer: ...not what that man has done for this City.
Mayor Suarez: We've got to stick to the rule of all co -designations being
that way. J.L., you know we've done that.
Commissioner Alonso: But we have waived lately...
Vice Mayor Plummer: How much is it?
Commissioner Alonso: Four hundred...
Dr. Luis Prieto: It's about $200 per sign, so that would be four signs. That
would be $800.
Mayor Suarez: We can find the sponsors for that, and if we deviate from that
you've got the maintenance issue, you've got the liability issue. It's not a
good idea, believe me. Because we've got many throughout the City.
Commissioner Alonso: What maintenance and....? Do we have maintenance and
liability for that?
Mayor Suarez: They understand, the sponsoring groups understand that in all
of these monuments, signs, co -designations, etcetera, they've got to agree to
maintain them.
Commissioner Alonso: But this is a sign on the street.
4 Mayor Suarez: It shouldn't be much maintenance on a little sign, I agree.
Commissioner Alonso: The street has a name anyway.
Mayor Suarez: It should not be an item to concern us, but the erection of it
is by the sponsoring organization. Please keep it that way. I strongly
recommend that. We've done that with every other one. Even Carlos Arboleya
was sponsored by his own entity. The City should not have been out any cost
on that. And even Luis Sabines who, I think, wanted all of I-95 in his name
from here to Tallahassee.
Commissioner Alonso: How much are we talking about, Dr. Prieto?
183 November 14, 1991
Mr. Prieto: Two hundred dollars per sign, so it comes out to about $800. We
pay the County, the County installs it, builds it, installs it. Actually,
what the County...
Mayor Suarez: I'll help you find the sponsors for Reverend Anorga. It won't
be any...
Commissioner Alonso: No, never mind, I will take care of that. It's
resolved, don't worry about the money.
Mayor Suarez: It won't be any problem.
Commissioner Alonso: I just... move the issue.
Mayor Suarez: All right. Thank you. With the usual parameters, so moved and
seconded. We're not referring it to the committee. We're doing it directly?
Vice Mayor Plummer: Yes.
Mayor Suarez: OK. Call the roll.
Commissioner De Yurre: Mr. Mayor, then might as well disband the committee.
Mayor Suarez: We might as well disband the committee.
Commissioner De Yurre: That's it. You know, what's the use of having a
committee, if we're going to bypass it everytime we want to?
• Mr. Prieto: Most of these things go through the committee. It's only on some
occasions that...
Commissioner De Yurre: So are we sending it as a matter of principle, going
with our recommendation or what?
Mayor Suarez: Why don't we let them look at it? Is that going to create any
problem on deadline? -on timetable?
Vice Mayor Plummer: Fine.
Commissioner Alonso: Well, the problem is the... Reverend Anorga is retiring
in the month of January. And they wanted it to coincide with that day. If we
send it to this committee, it will take such...
Mayor Suarez: Has the committee even been meeting lately?
Mr. Prieto: Yes, the committee meets about once every two months.
Commissioner Alonso: That's the problem.
Mr. Prieto: They've been working hard.
Mayor Suarez: Can you give them the opportunity, understanding that we have
approved it subject to their approval? -but that if they don't, you know, by
December 5th get back to us, that we will go ahead and move with it.
184 November 14, 1991
_1
Mr. Prieto: We'll have it on the agenda for you provided...
Mayor Suarez: Is that all right?
Commissioner Alonso: Yes.
Mayor Suarez: No, you don't need to have it back on the agenda. Just give
them a shot at it...
Mr. Prieto: OK, good.
Mayor Suarez: ...and if there's any problems, we put back on the agenda
December 5th. I don't think it will be any problem at that point, because
we're already saying we want to do this.
Mr. Prieto: Yes, OK, that's fine.
Commissioner Alonso: I hope not, but, really, what is really a little bit
embarrassing is that we have done this so many times for so many other people,
and Reverend Anorga has done so much for this community that it seems to me
that it's a little bit unfair to this man to even question what we're doing
here today.
Mayor Suarez: Commissioner, we passed an ordinance is the problem. 1 think
it's...
Commissioner Alonso: Well, we have waived that ordinance so many times that I
recall, in the last six months...
Mayor Suarez: And we could do it today if you wanted to do a waiver of the
ordinance.
Commissioner Alonso: I did check with Dr. Prieto. I checked with Dr. Prieto,
he said there is no problem. We have done that recently so many times. And I
say, do you have to check with the committee? He say, there is no problem.
Mayor Suarez: I don't remember since we've passed the ordinance, ever waiving
the referral to the committee.
Commissioner Alonso: Oh, yes, sir. Yes, yes.
Mayor Suarez: And if we did, I think it would have required a special
ordinance. Look, in this case, it's not going to create a problem. Don't put
the man on the spot unless you all want to get into this, an investigative
hearing here on the issue of whether Dr. Prieto made a correct representation
or not. He understood, and the Commissioner understands that it's a minor
issue. We don't have any problem with it, but the committee should look at
it, and if they have any problems with it, they'll get back to us. If not,
- the action will become final no later than December 5th, and that's the
motion. How's that?
Commissioner Alonso: OK. I have no choice.
185 November 14, 1991
i
Mayor Suarez: OK, thank you. Because I do believe the ordinance requires
that. Unless we want to now get into a repeal of the ordinance as to this
issue or waiver. No, he doesn't have a right to waive any ordinances, unless
the ordinance specifically gives him the right to waive it, which I don't
think this one does.
Commissioner Alonso: What day did we approve that ordinance? -do you recall?
Mayor Suarez: That was the day that the Herald created a whole big stink
about it, remember? -it was about a year and -a -half ago.
Commissioner Alonso: That's right. And after that, I do...
Mayor Suarez: It was around the time of Celia Cruz...
Commissioner Alonso: Dr. Prieto, do you remember - and I have the impression
that at least in three specific occasions after we passed that ordinance - we
came here to this Commission and we had it in the agenda. And we approved
some other street naming? Do you recall that?
Mr. Prieto: Yes, in two occasions.
Commissioner Alonso: Two occasions?
Mr. Prieto: Two occasions.
Commissioner Alonso: Thank you.
Mayor Suarez: All right. OK, the motion is understood to be a Commission
endorsement of the name and the right to place the signs on the streets
indicated which the street designation committee would have a chance to
consider for any, hopefully, positive but any input whatsoever. And if they
were not to get back to us with any kind of reservations, it would become
final by no later than our meeting of December 5th. All right, so moved by
Commissioner Alonso.
Vice Mayor Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 91-857
A MOTION OF THE CITY OF MIAMI COMMISSION FULLY
ENDORSING THE CODESIGNATION OF A PORTION OF 25TH
AVENUE IN HONOR OF REVEREND MARTIN ANORGA; FURTHER
REFERRING THIS ISSUE TO THE CODESIGNATION REVIEW
COMMITTEE WITH A POSITIVE RECOMMENDATION BY THE
COMMISSION; AND FURTHER STATING THAT ABSENT ANY
OBJECTIONS FROM THE REVIEW COMMITTEE, SAID
CODESIGNATION WOULD BECOME FINAL NO LATER THAN
DECEMBER 5TH.
186 November 14, 1991
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
72. (Continued Discussion) GRANT REQUEST BY THE DR. MARTIN LUTHER KING
PARADE AND FESTIVITIES COMMITTEE, INC. FOR WAIVER OF SANITATION FEE,
SUBJECT TO POSTING OF PERTINENT BOND TO GUARANTEE CLEANUP (See labels 66
and 74).
Mayor Suarez: Do we have any 2:00 o'clock? I'm sorry, Dr. Marshall.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: No?
Mr. Odio: There is not in the budget any monies for Martin Luther King, sir.
Mayor Suarez: OK, but procedurally it is proper to take up your item. I
mean, whatever it is that we've tabled it for was clarified or resolved or not
resolved...
Mr. Odio: It was tabled to find if we had any money in the budget for the
parade.
Mayor Suarez: Commissioner Alonso asked, because in past years we've had a
festival committee budget, and we've parceled it out and we thought maybe this
one was included.
Mr. Odio: Right, but... we eliminate... yes, and we eliminated...
Commissioner Alonso: No, not only that because we instructed the
administration to include it on this particular case.
Dr. Preston Marshall: And we have never been included in the budget, and we
should correct that at this time.
Commissioner Alonso: I was questioning whether it was included or not.
Mr. Odio: We didn't include any festivals for this year's budget. None that
I can think of.
187 November 14, 1991
Mr. Marshall: We have never been included in the budget, and it's been the
last three years we were supposed to be. And it never has happened, so we
would like for that also to be corrected.
Mr. Odio: If we include one festival, we are opening the doors to all of
them.
Vice Mayor Plummer: You open the door to every one of them.
Mr. Odio: And we don't have any money for festivals. -
Mr. Marshall: Well, we're still asking for some assistance if the City can
help us.
Mayor Suarez: Anything else that's in -kind that is not... I don't mean in -
kind in the sense of City services, because they still cost money. But I mean
any waivers or anything else that you need?
Mr. Marshall: No, I don't think we probably going to talk about the police
services we be talking about the funds.
Mayor Suarez: Yes, that's...
Mr. Marshall: We would like for the past correction...
Mayor Suarez: Do you want us to pass a motion on the idea of your posting a
bond for the cleanup, and not having to use our sanitation services? Does
that help you at all? We've done that in the past.
Mr. Marshall: Yes, you have done that. You've helped us clean...
Mayor Suarez: Does that help you to do that?
Mr. Marshall: That help us to clean up. We just need some things like being
able to pay for the insurance and various things. Yes.
Mayor Suarez: No, no, I know, I know, but does it help you if we now pass a
motion that says if you post the appropriate bond and say you're going to
clean up after your own parade, that then you get your bond back and you don't
have to pay for the City's sanitation to clean up.
Mr. Marshall: We don't never pay for the City's sanitation anyhow.
Commissioner Alonso: No, it was...
Mayor Suarez: I understand, but you have to post a bond and we have to... I
think we have to...
Mr. Marshall: All right, that will help. We're not turning any help down,
Mr. Mayor.
Mayor Suarez: All right, I'll entertain a motion that will allow them to post
a bond as approved by the City Manager so that they provide their own cleanup.
188 November 14, 1991
Ll
a
Commissioner Alonso: How much is the insurance?
Mr. Marshall: Pardon me? -the insurance?
Commissioner Alonso: How much?
Mr. Marshall: The insurance is about $4,000.
Mayor Suarez: Call the roll on the prior motion, Madam City Clerk. Moved and
seconded. It was moved Vice Mayor Plummer, I think, and seconded by
Commissioner Alonso.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 91-858
A MOTION GRANTING REQUEST RECEIVED FROM REPRESENTATIVE
OF THE MARTIN LUTHER KING PARADE AND FESTIVITIES
COMMITTEE, INC., FOR WAIVER OF SOLID WASTE FEES IN
CONNECTION WITH SAID EVENT, SUBJECT TO SAID GROUP
POSTING A BOND TO GUARANTEE CLEANUP OF THE STREETS
FOLLOWING THE JANUARY 15, 1992 PARADE.
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.
73. BRIEF REPORT BY CITY ATTORNEY REGARDING PROPOSED NEW ADMINISTRATION
BUILDING AND THE COUNTY COMMISSION'S INTENT TO DRAFT NEW DEEDS FOR THE
LAND WITH ANOTHER REVERTER CLAUSE.
A. Quinn Jones, III, Esq.: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Jones: If I might, just very quickly, from the last meeting you asked me
to report back on a matter concerning the City Administration Building
property. I've been advised by the County that the County Commission will be
considering on their meeting of December 3rd. They have decided to prepare
189 November 14, 1991
new deeds. However, they are sticking to the position that they want, they're
very adamant that they want, another reverter clause in it. So I thought I'd
give you this update. We haven't seen a draft of the deed as yet, but it's
scheduled for the December 3rd meeting for the County Commission to consider.
Vice Mayor Plummer: What's good for the goose, is good for the gander.
74. CONTINUED DISCUSSION CONCERNING REQUEST BY THE DR. MARTIN LUTHER KING
PARADE AND FESTIVITIES COMMITTEE, INC. (See labels 66 and 72).
-------------------------------------------------------------------------------
Dr. Preston Marshall: Mr. Mayor, may I ask one other question?
Mayor Suarez: Dr. Marshall. We're getting into our planning and zoning
agenda here.
Mr. Marshall: Since we didn't ever cleared that, we was supposed to police in
the budget. Can we clear that up now?
Mayor Suarez: The problem is that I guess we had hoped that we could find a
way to define you so that it would be such a unique festival that it should be
included in the budget even though no others would be. Because we can't go
back to a $200,000 a year budget as we had. And no one has yet suggested a
way that we can do that. That's why every year the people tell you, you're
going to be in the budget and nobody puts you in the budget.
Mr. Marshall: Right.
Mayor Suarez: Now, nobody wants to do it the old system either which is to
sneak you into the budget, although...
Mr. Marshall: No.
Mayor Suarez: ...that's been known to happen even in the new era here. So
we're at a stalemate. We have no way of saying this is going to be
distinguished from others. Possibly the City Manager ought to explore, if
there isn't a reason, in the case of your festival, to have part... you know,
to have it as an official City festival of some sort, and sponsor it and have
it be part of the budget. That's one way that I can think of. And they would
then be considered and taken up for next year. It wouldn't be for this year,
because we don't have it in the budget this year. And we don't have any
money, it's outside the budget.
Mr. Marshall: Well, let's do what we can possibly do so it will be in the
record this time so I don't have to come back and fight the same thing for a
fourth year again.
Mayor Suarez: Yes...
Mr. Marshall: And...
190 November 14, 1991
Mr. Odio: Let me tell you something. You are putting the responsibility on
me. If you care so much about your festival, you should have been here in the
public hearings about the budget which we had announced, advertised in the
public.
Mr. Marshall: I come here every time I can.
Mr. Odio: You didn't come.
Mr. Marshall: I come too.
Mr. Odio: I didn't see you here.
Mr. Marshall: No, I had a budget problem in the school system. I am a school
administrator.
Mr. Odio: Well, then you should have been here, and worried about your own.
Mr. Marshall: But I'm generally here for everything, Mr. Mayor.
Mayor Suarez: Yes, the budget...
Mr. Marshall: I'm not putting the...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Marshall: No, I'm not putting the pressure back on you. I'm asking the
Mayor, is there a possible way, that it's been three years or something that
we were supposed to be. And we hadn't been clear.
Mayor Suarez: Well, either that or we should tell you flat out, we're not
going to fund you.
Mr. Marshall: So I was just saying, clear up, that's what I was saying.
Mayor Suarez: Either, yes... Dr., either that or we should tell you flat out
we're not going to fund you. And let's quit kidding.
Mr. Marshall: Yes.
Mayor Suarez: I would have to say as of now, that's the status. But I have
to think about it myself before I even propose something. I mean, it has to
do with whether your festival is of such a character, it's an official City
event, and there's a way to say that this is the one festival that we will
celebrate every year. I don't know if that just opens the door to every other
one that says, well, we also celebrate an official national holiday or an
official City holiday or an official, and we also ought to be funded. I don't
know. And then we're back to where we were before having, instead of a
$10,000 problem, a $200,000 problem.
Mr. Marshall: Yes.
Vice Mayor Plummer: Or more.
191 November 14, 1991
Mayor Suarez: That's the problem. Or more. All right.
Mr. Marshall: All right.
Mayor Suarez: Thank you, doctor.
Mr. Marshall: We'll come back.
[NOTE: AT THIS
CONSIDERATION OF
ITEMS FROM THE
AGENDA.]
POINT, THE CITY COMMISSION CLOSES
REGULAR AGENDA ITEMS TO CONSIDER
PLANNING AND ZONING PORTION OF THE
75. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP - CHANGE
LAND USE DESIGNATION AT 351 N.W. 5 STREET FROM HIGH DENSITY MULTI -FAMILY
RESIDENTIAL TO RESTRICTED COMMERCIAL (Owner: Metropolitan Dade County;
Applicant: YWCA).
Mayor Suarez: On PZ-1.
Mr. Guillermo Olmedillo: PZ-1 and PZ-2 are companion items, Mr. Mayor,
Commissioners, for property located at 351 N.W. 5th Street. The application
is to change the comp plan and the zoning to a commercial, restricted -
commercial district. The Planning Advisory Board recommends approval. The
Zoning Board recommends approval. Planning, Building & Zoning recommends
approval of a change...
Mayor Suarez: Does anyone wish to be heard against this item? Let the record
reflect no one stepped forward. Is there anything that we need to put into
_ the record by way of an agreement, covenant, or any other stipulation that was
ever discussed? Or is this just a flat-out Planning Department recommendation
that everybody basically supports? If not, I'll swear in the former City
Attorney.
Mr. Olmedillo: There are no covenants involved in this particular
application. The recommendation of the department is to change it to office,
not to commercial. But the recommendation of the Zoning Board and the
Planning Advisory Board is to change it to the commercial request which is
what the applicant has applied for.
Mayor Suarez: Having put all of that into the record, is there any questions
from the Commission?
Vice Mayor Plummer: Yes, yes, yes, I....
192 November 14, 1991
Mayor Suarez: Any reason we should delve into testimony from the applicant?
Vice Mayor Plummer: I see who the owner is.
Mayor Suarez: Or from the interested party here?
Vice Mayor Plummer: I see who the owner of this property is. What reverter
clause are we putting in there?
Mr. 0lmedillo: There are no clauses. You may remember that this lot was...
Vice Mayor Plummer: You don't understand. Metropolitan Dade County is the
owner.
Commissioner Alonso: Yes.
Vice Mayor Plummer: They like reverter clauses.
Lucia Dougherty, Esq.: Commissioner Plummer...
Vice Mayor Plummer: No, no, no, no. Now you just told me that the County
wants a reverter clause in their piece of land. What reverter clause are we
putting in ours?
Mayor Suarez: You know, the reverter clause you're referring to now sounds a
lot like what you have been trying to do for many years, which is not really a
reverter clause, but an automatic reversal of the rezoning in cases where we
don't - in general - so that these things don't happen, you know, and then
kind of go on forever. But they own the property, so it's not an issue of
reverter clause.
Vice Mayor Plummer: Dade County owns the property. Right?
Mayor Suarez: Right, right.
Mr. Sergio Rodriguez: The County owns it.
Mayor Suarez: You can't put a reverter on something you don't own. But, I
mean, what you're thinking, I guess, is some condition that somehow if they
don't do what they're supposed to do with it, we take back the zoning we gave
them. That's what you're thinking.
Ms. Dougherty: Commissioner...
Mr. Rodriguez: They might be willing to covenant to do... to apply in so
many... I think Lucia might have something there.
Ms. Dougherty: Commissioner Plummer, members of the...
Mayor Suarez: OK, let's swear in Ms. Dougherty. I was trying to avoid doing
this. Madam City Clerk.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
193 November 14, 1991
Ms. Dougherty: Lucia Dougherty, law offices at 1221 Brickell Avenue. Really
the applicant is the YWCA. We have a 30-year, $1 a year lease with the
Metropolitan Dade County. It would be impossible for us to go and get a
reverter or any kind of covenant from Metropolitan Dade County. It's the
YWCA, we're going to be running a teen employment, a daycare center, and this
is going to be our corporate offices. And Dade County has leased this
property to us for $1 a year. So it's really not their property. And we
would urge your consideration of this rezoning to C-1.
Vice Mayor Plummer: And when are you proposing to break ground?
Ms. Dougherty: Excuse me, I'd like to introduce you to Commissioner Natasha
Milian.
Vice Mayor Plummer: You don't have to.
Mayor Suarez: Wait a minute, please, wait a minute. In the back of the
chambers, close that door! And preferably get inside some office if you're
going to have...
Ms. Dougherty: I'd like to introduce you to the assistant executive director,
Natasha Milian, who is with the YWCA and Conchita Bretos who is a board member
and executive committee member, who is in the back of the room.
Vice Mayor Plummer: When do you anticipate breaking ground?
Ms. Natasha Milian: It will be in April of 1992. We already have... we're in
contract with the architects, and we expect to break ground. We hope to be
finished by November or December of 1992.
Vice Mayor Plummer: Can we put a clause that if they don't break ground by
June the 1st?
Joel Maxwell, Esq.: No, sir.
Mr. Rodriguez: No.
Mayor Suarez: I guess you're getting quick answers today.
Vice Mayor Plummer: Move for approval.
Mayor Suarez: So moved...
Commissioner Alonso: Second.
Mayor Suarez: ...seconded. Any discussion?
ordinance. Call the roll, please.
If not, please read the
194 November 14, 1991
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE
PROPERTY LOCATED AT APPROXIMATELY 351 NORTHWEST 5TH
STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), BY CHANGING THE LAND USE DESIGNATION OF THE
SUBJECT PROPERTY FROM HIGH DENSITY MULTI -FAMILY
RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS;
INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS
ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
Was introduced by Commissioner 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.
------------------------------------------------------------------------------
76. FIRST READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT 351
N.W. 5 STREET FROM R-4 MULTI -FAMILY HIGH DENSITY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL (Owner: Metropolitan Dade County; Applicant:
YWCA).
------------------------------------------------------------------------------
Mayor Suarez: PZ-2 is a companion item...
Vice Mayor Plummer: Move it.
Mayor Suarez: ...and then I want to recognize the state representative from
this area, Luis Morse, who has a statement to make or actually a very positive
statement to make, I understand. Let's just vote on PZ-2, Luis, for a second.
PZ-2.
195 November 14, 1991
" **A
NOTE FOR THE RECORD: At this point, Mayor Suarez
recognizes the presence of State Representative Luis
Morse in the chambers.
Vice Mayor Plummer: I moved it.
Mayor Suarez: Moved it.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? Anyone wish to be heard against it?
Please read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM R-4 MULTI -FAMILY HIGH DENSITY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL, FOR THE
PROPERTY LOCATED AT 351 NORTHWEST 5 STREET, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 36 OF
SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
AYES: Commissioner 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: AT THIS POINT, THE CITY COMMISSION TEMPORARILY
TABLES CONSIDERATION OF PLANNING AND ZONING AGENDA
ITEMS TO CONSIDER A NON -AGENDA ITEM.]
196
November 14, 1991
_ik
U
77. PERSONAL APPEARANCE BY STATE REPRESENTATIVE LUIS MORSE, THANKING THE
COMMISSION FOR THEIR PRIOR VOTE IN SUPPORT OF THE LITTLE HAVANA HEALTH
CLINIC - BRIEF DISCUSSION CONCERNING STATUS OF THE HEALTH CLINIC IN
OVERTOWN.
Mayor Suarez: Yes, representative.
Rep. Luis Morse: Thank you, Mr. Mayor, I simply wanted to do two things.
Number one, congratulate the newly elected Commissioner De Yurre, congratulate
the new Vice Mayor, Mrs. Alonso. Congratulations to both of you. Number two,
I wanted to say thank you to this Commission because I was out of town,
unfortunately, when the issue came up here for the review of the Little Havana
public health clinic. And I believe that you supported that issue of the...
the one that you all had given the land for, and with the state today, I also
talked to Mr. Aleman of the Victoria Hospital. He told me that there had been
some concerns. That they had already been addressed by HRS, and the architect
was making the changes that he had requested. And that he was very satisfied
that the process was going through the way it was. Also, I talked with HRS
and I was further assured that the Overtown clinic is still continuing
onboard. We are both... the commitment that we have between Representative
Reaves and myself was that these two clinics would advance together and that
we would be having groundbreaking ceremonies, hopefully, around February for
both of them. And that we will be opening sometime in the next year then both
clinics at the same time. That this is one project in which both Little
Havana and Overtown, both representatives were committed to and to finish
successfully and to complete for our City, and I am again my thanks to you.
These two clinics are going to be a tremendous addition to the needs of our
community. Thank you.
Mayor Suarez: This is a what? -a three year effort and
- we'll get the Herald to pick up on this, because it
State of Florida, City of Miami, and ultimately, will
the people of Miami, Overtown and Little Havana. And
that Victoria has dropped any - from what you state - an
y
unprecedented. Maybe
involved Dade County,
serve the interest of
I'm glad, of course,
opposition.
Rep. Morse: Let me tell you one thing. The one extremely important thing
about this project is that I think that it is a bellwether project. I don't
think that you will see in the future projects or grants from the state that
do not have companion grants by either the local community or the local
government some way, shape, or form. I think that the state is in such bad
financial straits right now that we will not be looking at anything that does
not have some support, monetary support, land support, some kind of financial
support, from the local community in which that project is going to be based
on. So this project is one in which, you know, this City has donated the
lands and that made it possible for us to work towards that. So, I think that
is the way that things are going to be going more and more in the future
because of the economics of the state. So, again, my thanks.
197 November 14, 1991
LJ
Mayor Suarez: Very good, and congratulations to you for seeing it through
from the beginning, Representative.
Commissioner Alonso: Thank you.
Mayor Suarez: We saw a very nice rendering of the one in Overtown today, and
obviously, that's going apace with the one in Little Havana. It's going to
look awfully nice.
[NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES
CONSIDERATION OF ITEMS ON THE PLANNING AND ZONING
PORTION OF THE AGENDA.]
78. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP - CHANGE
LAND USE DESIGNATION AT 5918-5922 N.E. 2 AVENUE FROM MEDIUM DENSITY
MULTI -FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL (Owner / Applicant:
Yves Vielot, Haitian Task Force).
-------------------------------------------------------------------------------
Mayor Suarez: PZ-3.
Mr. Guillermo Olmedillo: PZ-3 and PZ-4 are companion items again. This is a
zoning change, and a comp plan amendment for property located at 5918 N.E. 2nd
Avenue. The Planning Advisory Board is recommending approval. The Zoning
Board is recommending approval, the Department has recommended approval.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved. Second somebody?
Commissioner Alonso: Yes, I second.
Mayor Suarez: Seconded, Commissioner Alonso. Any discussion? Does anyone
wish to be heard against this item? Let the record reflect no one stepped
forward. Read the ordinance. Call the roll.
198
November 14, 1991
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE
PROPERTY BEHIND APPROXIMATELY 5918-5922 NORTHEAST 2ND
AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), BY CHANGING THE LAND USE DESIGNATION OF THE
SUBJECT PROPERTY FROM MEDIUM DENSITY MULTI -FAMILY
RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS;
INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS
ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
Was introduced by Commissioner 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.
------------------------------------------------------ ---------------------
79. FIRST READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT 5918-
5922 N.E. 2 AVENUE FROM R-3 MULTI -FAMILY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL (Owner J Applicant: Yves Vielot, Haitian Task Force).
Mayor Suarez: PZ-4.
Vice Mayor Plummer: Move it.
Mayor Suarez: Moved.
Vice Mayor Plummer: It's a companion.
Commissioner Alonso: Second.
Mayor Suarez: Second. Does anyone wish to be heard against this item? Let
the record reflect no one stepped forward except high paid counsel, who I'm
sure are supportive. If so, please read the ordinance. Call the roll.
199 November 14, 1991
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM R-3 MULTI -FAMILY RESIDENTIAL TO C-
1 RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT
5918-22 NORTHEAST 2 AVENUE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 13 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
AYES: Commissioner 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.
80. DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED RESOLUTION TO CLOSE
PORTION OF N.W. 21 STREET LYING EAST OF EAST RIGHT-OF-WAY LINE OF N.W.
11 AVENUE AND WEST OF WEST RIGHT-OF-WAY LINE OF N.W. 12 AVENUE (Owner /
Applicant: Jetro Cash and Carry Enterprises of Florida, Inc.) (Continued
to December 5th).
------------------------------------------------------------------------------
Mayor Suarez: PZ-5, that's what counsel got up for, OK. This is official
vacation and closure of that portion of N.W. 21st Street lying east of the
east right-of-way line of N.W. 11th Avenue, and west of the west right-of-way
line of N.W. 12th Avenue. Is there anyone here that is going to be heard
against this item? Let the record reflect no one stepped forward. Do we
need, Commissioners, to have testimony on this?
Vice Mayor Plummer: Well, I noticed that the Zoning Board turned it down
seven aught. So I'm just wondering why.
Mayor Suarez: Plat and Street Committee recommended, Zoning Board recommended
denial. Were you present at the Zoning Board?
Harry Smith, Esq.: Do you want to swear me first?
200 November 14, 1991
AMA
Mayor Suarez: Yes, I just wanted to ask procedurally if you were present at
the Zoning Board.
Mr. Smith: I was not present, but I've listened to the tape.
Mayor Suarez: OK. Maybe that's why they voted 7-0. Would you swear in
anyone that might conceivably be expected to testify.
Lester Goldstein, Esq.: Harry, stand up please. Swear that it's true, just
in case.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: You know, it would be really nice to swear in the media too at
the beginning of every Commission meeting. Can you imagine?
Mr. Goldstein: They don't testify.
Mayor Suarez: The next day the paper would be blank.
Mr. Goldstein: They don't testify.
Mayor Suarez: No, the next day the paper would be blank. They wouldn't dare
print anything. All right.
Mr. Goldstein: Mayor Suarez, members of the Commission, my name is Lester
Goldstein with law firm of Rude and Barnett, offices at 701 Brickell Avenue,
Miami, Florida. And I represent the applicant Jetro Cash and Carry in this
matter. I was not able to attend the Zoning Board meeting, and I'm sorry that
I didn't. Having reviewed the tape, my understanding of the comments was that
the people were concerned that the either staff nor anyone else showed up with
a traffic study. We had done a traffic study and we had the traffic study
amended. I have copies of those here in the event that any members of the
Commission or the Mayor would care to have one to review. I'd like to give
you the comments. Basically, the traffic study says that this is not going to
be problem in that area and, unfortunately, the Zoning Board did not have the
benefit of the information in the traffic study. The conclusions of the
traffic study is that the proposed closure - and this is by our traffic
consultant - the proposed closure will be of no negative consequence to area
traffic or emergency vehicles. Yet, it will serve a very useful and safe
access to the applicants, pedestrian and vehicular and internal traffic
operations which now must cross the public street. With this theme in mind,
our consultants say that they think it's beneficial to the applicant to pursue
the closure of this street. And they think it would be beneficial to the
citizens of the City of Miami if the Commission would approve such closure.
Vice Mayor Plummer: How many square feet are involved?
Dr. Luis Prieto: Thirteen thousand, seven hundred and fifty square feet.
Vice Mayor Plummer: thirteen thousand, seven hundred and fifty. And about
what is the price of a square foot in that area bring?
201 November 14, 1991
r
Mr. Prieto: Guesstimate $20.00 a square foot, sir.
Vice Mayor Plummer: About $20 a square foot.
Mr. Prieto: Two hundred and seventy-five thousand dollars.
Vice Mayor Plummer: Two hundred and seventy-five thousand? -is that
approximate figure?
Mr. Prieto: Yes, sir.
Vice Mayor Plummer: You're asking for taxpayers' property valued roughly at
$275,000. What do you anticipate to offer to the taxpayers for that property
that you're asking...
Mr. Goldstein: If you're talking about dollars, Commissioner, we hadn't
intended to offer. What we're offering is a better and safer roadway for
pedestrians. There's pedestrian traffic that goes through there right now
that is not safe. This street, because of our operations, on both sides of
the street which have anything from small automobiles till 18-wheels semi -
tractor trailers, is not safe for people and it's not safe for cars. Because
cars are weaving in and out of there and so on. Now...
IVice Mayor Plummer: Maybe what you need to do is to prohibit 18-wheelers in
there.
Mr. Goldstein: Well, I don't think, from running the business operation we
have which, by the way, employs 110 people. It only employed 40 people when
we took it over a few years ago. I don't think we're going to be able to do
that. But, if we were intending to use it to build anything on, we would be
glad to pay the City for it. But all we're doing is changing it to a
pedestrian way. Pedestrian traffic will still be open through there so that
people can get through there to get to the Santa Clara metro station. We
don't want to stop that. But what we want to do is keep regular traffic from
going in and out of there to ease up the congestion.
Mayor Suarez: Will it be clear that they have that access? That, in fact,
! they...
Mr. Goldstein: Oh, absolutely. Clearly, we will have signs up, we will have
a block to traffic coming in from 12th Avenue...
Mayor Suarez: Do you we have any assurance that they some... at some point,
will not close that off to pedestrians?
Mr. Goldstein: Yes, may I explain?
Mayor Suarez: I mean, do we retain some sort of a... Is that built in to
the...? she's not aware of it.
Mr. Goldstein: Mayor Suarez, if I could explain it. We have worked out,
through negotiations, arrangements with Florida Power & Light, Southern Bell,
who both have lines through there...
202 November 14, 1991
0
Mayor Suarez: Right.
Mr. Goldstein: ...and we have covenants and easements with them require us to
always keep that open. If it ever...
Mayor Suarez: Well, but private parties have those too. The idea here is
that at least the pedestrians would always know that they would be encouraged
and allowed to walk through there to get to the Metrorail Station.
Mr. Goldstein: We would be very happy to proffer such a covenant if the
Commission would be more comfortable.
Vice Mayor Plummer: But wait a minute, wait a minute, are you getting the
property in your name?
Mr. Goldstein: What is that, sir?
Vice Mayor Plummer: Are you asking for this property to be deeded into your
name?
Mayor Suarez: I think it is in their name.
Mr. Goldstein: Mohr, are we asking for the dedication into our name?
Mr. Alfred Mohr: Dedication?
Mr. Goldstein: Of the... the closure and the vacating of the street, being
dedicate into our name. This is Mr. A. B. Mohr of Biscayne Engineering.
Mr. Alfred B. Mohr: I'm Alfred B. Mohr, I'm with Biscayne Engineering. I'm
an officer there. What we're doing is creating an easement. There's existing
facilities in the road, and what we're doing is creating an easement on the 50
foot right-of-way which we're seeking to close, and we will keep it open, at
the east end at 11th Avenue there will be a dropped curb so that vehicles can
enter and exit. Over on 12th Avenue, there will be a full curb gutter and
sidewalk to prevent them from coming in from 12th Avenue.
Mayor Suarez: OK,.sir, do you understand the question from the Vice Mayor?
Can somebody answer it? Or are you going to let us flounder around here?
Mr. Goldstein: Alfred, excuse me. I believe the answer is yes.
Mr. Sergio Rodriguez: I think the question was addressed to them, so I'm
trying to get them to respond to it.
Mr. Goldstein: The answer is yes.
Mayor Suarez: Well, but, you know, please, I mean, feel free to interrupt if
you can a simple question.
Mr. Goldstein: The answer is yes.
203 November 14, 1991
Mayor Suarez: He wants to know, are we giving title to this property to them
now? -or did they already have it?
Mr. Goldstein: It's rededication.
Mayor Suarez: And we had an easement, and now we're giving back the easement.
What is happening?
Miriam Maer, Esq.: They're asking for a street closure, and the title would
go to them.
Mr. Rodriguez: Street closure. To go to them, yes. It's the same...
Vice Mayor Plummer: Oh, no, no, no. There's no way we can give City owned
property to a private concern without getting something in return for the
taxpayers.
Mayor Suarez: How is it that we usually do it? -just to clarify. Aren't we
usually giving back, when we close a street, giving back to the owner what he
initially gave typically as an easement to us? Or as a right-of-way to us.
Mr. Prieto: The answer is yes to that.
Mayor Suarez: And that's what we're doing here. Usually, Vice Mayor, and the
rest of us are happy to accept voluntary contributions when that happens. OK,
Commissioner Dawkins.
Commissioner Dawkins: You know, I'm at a loss. What makes it safer to give
it to you and you close it off for people to walk through there, and the same
18-wheelers go through there that makes it unsafe now with the 18-wheelers
► going through there? I mean, you've lost me.
Mr. Goldstein: OK, Commissioner, let me try again, I'm sorry. The 18-
wheelers are not the safety problem. The safety problem are other traffic
going through there weaving around the 18-wheelers. That's what we want to
eliminate. We can't run our business without tractor trailers supplying the
merchandise that we then sell to the small restaurants, grocers, and so on in
the City of Miami. But...
Commissioner Dawkins: Go ahead.
Mr. Goldstein: But the traffic going through there trying to weave around.
There's constantly traffic congestion in there. And we want to eliminate
that. That's why we've done the traffic studies to show that we're not
creating a traffic problem for anyone. We've talked to our neighbors, Edwards
Produce, and United Sanitation are across the street. They have no objection
to this, they have no problem with it. And also, Vice Mayor, I wanted to just
tell you, right up in here, we are dedicating back to the City of Miami a
piece for a turnaround which is approximately almost half the size...
Commissioner Dawkins: Well, who's going to turn around on it?
Mr. Goldstein: Wait just one second.
204
November 14, 1991
J
0
Commissioner Dawkins: Beg your pardon? Who's going to turn around on it?
Mr. Rodriguez: Anybody.
Mr. Goldstein: Fire Department, Police Department. But we're dedicating
it... we're taking it...
Commissioner Dawkins: No 18-wheelers will turn around on that.
Mr. Goldstein: No, sir. We're taking it out of our land and dedicating it
back to the City of Miami. And it is approximately a third the size of this
piece.
Vice Mayor Plummer: So then, we're talking about two-thirds. No, I hey... I
mean, you know, the taxpayers own that property.
Mr. Goldstein: I understand.
Vice Mayor Plummer: And all I'm saying to you is, you're talking value of
$275,000. I think the taxpayers are entitled to something. Now, you said it
doesn't have to be cash, and I agree. But they're entitled to something.
Mayor Suarez: No, let me clarify something. You say the taxpayers own that
property, now they're giving it up. I just want to confuse the situation
here. Isn't it the case that if we do the street closure, then it becomes
taxable?
Commissioner Alonso: Yes.
Vice Mayor Plummer: Sure it does. Just like any other piece of property that
you buy.
Mayor Suarez: OK, I just want to clarify... I don't want to make it sound
like what is now something that produces taxes would then not produce, it's
the other way around.
Vice Mayor Plummer: No, no, no, no. It's owned by the taxpayers. They own
it.
Mayor Suarez: I understand. And we own a lot of properties we wish we didn't
own.
Vice Mayor Plummer: Yes.
Mayor Suarez: This may be one of them. I mean, if, in fact, it goes, they
will have title. They will be assessable on all of the value of this, right?
Vice Mayor Plummer: That's correct.
Mayor Suarez: In terms...
Vice Mayor Plummer: Of course.
205 November 14, 1991
_ik
r
Mayor Suarez: ...the continuing stream of tax revenues that this community
derives, presumably they would be another hundred and - what figure did you
give? -a hundred thir...?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Right. Of assessable property in the City tax base. All
right.
Commissioner Dawkins: They own the property on both sides of this road
they're trying to close?
Mr. Goldstein: Yes.
Mayor Suarez: Yes, they have to, I think.
Commissioner Dawkins: OK, OK, no problem. I just asked.
Mr. Goldstein: That's why I brought a series of maps to show it. The pink is
ours, green is Edwards Produce, and the brown is United Sanitation.
Commissioner Dawkins: And that's 11th Avenue and the other one at the top is
12th Avenue? That's 12th Avenue.
Mr. Goldstein: This is 12th Avenue, this is 11th, 21st, 20th, 21st Terrace,
22nd and so on.
Commissioner Dawkins: All right, and the Jetro is where?
Mr. Goldstein: Right here, the pink.
Commissioner Dawkins: And the parking lot is on the other side.
Mr. Goldstein: We have parking here, here, here, and here.
Vice Mayor Plummer: Mr. Mayor, I'd like to defer this and go up and look at
it.
Mayor Suarez: Do you want to defer or table till 5:00?
Vice Mayor Plummer: No, go up and look at it, sir. I'm not going to be able
to.
Mayor Suarez: OK, we have a motion to defer. Do we have a second on that
motion?
Commissioner Alonso: Yes, I second.
Mayor Suarez: Second the motion. And I think he's given a reason that I
typically accept as valid. How would this hurt you, counselor? -either one of
you.
Mr. Harry Smith: We certainly respect your right to see it, and we will, you
know, be able live and manage with the deferral. I just wanted to say one
206 November 14, 1991
thing for the record, if I can. I think legally, Mr. Plummer, we own the
property to the center line of the street, and we have made a dedication when
— the property was platted, so that we do own to the center line of the street
subject to the public right-of-way. And when the dedication is relieved,
then, of course, we own it. So that we get back what we have, not subject any
more to the public right-of-way, but I think from a title standpoint, we own
to the center line of that street. So it isn't like you're giving away City
property. All you're doing by the dedication is saying that this property is
- no subject... is no longer subject to the public right-of-way. But it isn't
property owned by the City whatsoever. We do own to the center line of the
street. And I hope counsel would agree with me for the City that that's a
correct statement of the law. But certainly, we respect your right to visit
the property and we will be happy to come back at whatever time you set for
it.
Commissioner Dawkins: But it was dedicated for the use as a street.
Mr. Goldstein: That is cor...
Commissioner Dawkins: And as long as it remains a street, it is dedicated as
a street. You do not own to the center line of the street as long as it is a
street. It becomes your ownership when the right to a street is released and
it goes back to your ownership. Madam City Attorney, is that a correct
statement?
Miriam Maer, Esq.: Well, I don't want to quibble with terms over the
ownership. It's actually...
Commissioner Dawkins: I'm not into... see, no ma'am, yes or no. See, I'm not
arguing with him. I mean, I'm asking you to just tell me if I'm right or
wrong in saying that...
Ms. Maer: The City is holding the land in trust for the benefit of the
public.
Commissioner Dawkins: That's right. Now whoever the owner was, when they got
ready to build, they donated "X" amount of both sides of the street for a
street.
Ms. Maer: That's correct.
Commissioner Dawkins: And as long as it remains a street, it remains as the
City's property because it was dedicated as a street. When we no longer need
it as a street, it goes back to them, to the first owners. Is that correct?
OK, that's all.
Ms. Maer: That's correct. The standard for the Commission to use in these
vacation and street closures is whether or not the requested vacation and
closure is in the public interest. And if this Commission does not determine
it to be in the public interest, as explained in 54.5-16(G) of the City Code,
then it would not be appropriate to close it.
Mayor Suarez: Just want a clarification. The Commissioners just want a
clarification. The typical way in which you own something means you own it,
207 November 14, 1991
and you have the use of it, and you have the possession of it, and you control
it. This is not one of those cases, and that's why the clarification comes up
all the time. That's all. It's like when I get paid. You know, I get a
salary and I technically own it, but my wife uses it, you know, same kind of
thing.
Mr. Goldstein: But I just would want to add that if this is... the dedication
is removed, it then goes on the tax rolls and we do then pay taxes for that
portion of the property.
Mayor Suarez: Yes, that would clarify it, Harry. That would clarify it that
there would be. OK, we have a motion to defer. It's been duly seconded. The
reasons been stated that Vice Mayor...
Mr. Rodriguez: Continue. Continue to December 5th.
Mayor Suarez: Continued rather to December 5th, and if it doesn't create any
great undue hardship, then you don't put us in the spot of having to vote
favorably or against one of our colleagues who requests this and maybe life
will go better. OK, so moved and seconded. Any discussion? If not, please
call the roll.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER ALONSO, PZ-5 WAS CONTINUED TO
THE COMMISSION MEETING OF DECEMBER 5, 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.
Mayor Suarez: We're recessed until 5:00 p.m. for the last items which are
scheduled for 5:00.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 4:11
P.M. AND RECONVENED AT 5:00 P.M., WITH ALL MEMBERS OF
THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT
COMMISSIONERS ALONSO AND DE YURRE.
Mayor Suarez: Is there anything left over from the morning? I could have
sworn the lady that was there. I don't know who was making that present...
Ms. Hirai: Yes, Mr. Mayor...
Vice Mayor Plummer: That lady is from Pinar del...
208 November 14, 1991
Mayor Suarez: Provincia de Pinar del Rio and they want a waiver. Does
anybody know what that is?
Ms. Hirai: Mr. Mayor.
Mayor Suarez: Yes.
Ms. Hirai: When you have a chance, the minutes. We would like to approve the
minutes.
Mayor Suarez: Yes, I'll entertain a motion to approve the minutes of the last
meeting.
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Second.
Mayor Suarez: Thank you. Call the roll.
NOTE FOR THE RECORD: On motion duly made by Vice
Mayor Plummer and seconded by Commissioner Dawkins,
the minutes of the Commission Meeting of September 11,
1991, were approved.
Mayor Suarez: Aurelio maybe could be commissioned to discuss with them
exactly what they're going to be needing, and we can get that morning item
resolved since the City Manager is not here, and, presumably, he knows.
81. UPHOLD ZONING BOARD'S DENIAL OF VARIANCE TO PERMIT EXISTING COVERED
TERRACE ADDITION TO SINGLE-FAMILY RESIDENCE AT 1900 S.W. 32 AVENUE
(Owner / Appellant: Pedro Hernandez). (Note: This item was later
reconsidered and the appeal was granted, with conditions - see label
84.)
------------------------------------------------------------------------------
Mayor Suarez: In the meantime, we're at PZ-7.
Vice Mayor Plummer: Six.
Mayor Suarez: Six, thank you.
Vice Mayor Plummer: Mr. Mayor, may I inquire, back on July the 3rd of 1990,
this Commission unanimously adopted the permanent closure of streets on the
Wynwood safe neighborhood. Nothing has been done to this point. I'd like to
ask the administration to
209 November 14, 1991
0
come back to this Commission as soon as possible of when it's going to be
done, seeing as how it's well over a year now.
Mayor Suarez: On the...
Vice Mayor Plummer: It was... I don't have an ordinance number.
Mayor Suarez: I heard you say, Wynwood. But was it the...?
Vice Mayor Plummer: Permanent closure of streets within the Wynwood Safe
Neighborhood Improvement District.
Mayor Suarez: OK. Yes, please, let's get a report back on that.
Vice Mayor Plummer: And would you give me back a report as to when this work
is going to be done. Thank you, sir.
Mayor Suarez: OK, on PZ-6. Appeal of variance denied. The owner appellant,
is he here?
Mr. Olmedillo: This application is for property located on 1900 SW 32nd
Avenue, and the variance was denied by the Zoning Board. It was appealed by
the owner to this Commission.
NOTE FOR THE RECORD: Commissioner Alonso entered the
meeting at 5:02 p.m.
Vice Mayor Plummer: Is the owner here?
Commissioner Alonso: Is he here?
Mr. Olmedillo: The owner - I don't see neither the owner nor his
representative.
Mayor Suarez: I would be inclined to entertain a motion to deny the appeal,
except that I don't know if that just means that we are going to win him back
at another time asking to be heard. Anyone here on PZ-6? Sir, you're not
here on PZ-6, are you? - No?
Commissioner Dawkins: Well, Mr. Mayor, would it be proper to move that it be
deferred and if the...
Mayor Suarez: Well, maybe there is somebody - OK, I was inclined to do what
you were just about to say unless you're going to say that you would like
to... right.
Commissioner Dawkins: Go ahead.
210 November 14, 1991
Ms. Doris Scheer: I'd like to make my statement. This is the third time.
Doris Scheer, 1840 Coral Gate Drive.
Mayor Suarez: OK. Swear here in and maybe that we will hear you and then
just go ahead and deny the appeal.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Ms. Scheer: I am a board member of the Coral Gate Homeowners Association. On
September 24th 1991, the officers and board members voted unanimously to
support the decision of both the Planning, Building & Zoning Department and
the Zoning Board to deny the variance. Our board was extremely disturbed to
learn that no permit was obtained. They felt that the removal of the covered
terrace addition at this point would not create a hardship but would prevent
the possibility of a future illegal room. Thank you.
Mayor Suarez: OK. Are you here by any chance on this item? - No? Still no
one here on behalf of the appellant.
Mr. Olmedillo: For the record, Mr. Mayor, proper notice was given and the
receipt, the return receipt is on our records so that the owner was on notice.
Vice Mayor Plummer: Move to deny the appeal.
Mayor Suarez: Move to deny.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved
its adoption:
RESOLUTION NO. 91-859
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING
BOARD AND DENYING THE VARIANCE FROM ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, ZONED R-1 SINGLE FAMILY
RESIDENTIAL, TO PERMIT THE EXISTING 15' X 44' COVERED
TERRACE ADDITION TO THE EXISTING SINGLE-FAMILY
RESIDENCE PROVIDING AN 8' REAR SETBACK (20' REQUIRED)
LOCATED AT 1900 SOUTHWEST 32 AVENUE, MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN).
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
211 November 14, 1991
k
d
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.
Mayor Suarez: Looks like you win, Doris.
NOTE FOR THE RECORD: Commissioner De Yurre entered
the meeting at 5:05 p.m.
[NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY
TABLES CONSIDERATION OF PLANNING AND ZONING AGENDA
ITEMS TO RECONSIDER AN ITEM FROM THE REGULAR PORTION
OF THE AGENDA.]
82. (Continued) BRIEF STATEMENT BY COMMISSIONER DAWKINS CONCERNING PRIOR
RECOMMENDATION FOR CODESIGNATION OF PORTION OF 25 AVENUE IN HONOR OF
REVEREND MARTIN ANORGA - COMMISSIONER DAWKINS OFFERS TO PAY FOR ONE HALF
OF TOTAL COSTS FROM HIS PERSONAL FUND (See label 71).
Commissioner Dawkins: Point of special privilege.
Mayor Suarez: Commissioner.
Commissioner Dawkins: Before we had a discussion as to renaming 25th Avenue
for Reverend Anorga. While inside there, I started thinking, I know the
gentleman, and he would probably say, no thanks, after having heard what
happened today. But I'd like to tell Commissioner Alonso that let the name be
changed, and whatever the cost is, I'll tell... I, - because I know he's not
going to accept it any other way, will pay half of the cost out of my personal
funds, not out of nothing from the City of Miami, but from my money that I
earn.
Mayor Suarez: Very good.
212 November 14, 1991
Commissioner Alonso: Thank you.
Commissioner Dawkins: So at the next meeting, I'll pay half of whatever it
is.
Commissioner Alonso: Thank you very much.
Mayor Suarez: Very good.
[NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES
CONSIDERATION OF ITEMS ON THE PLANNING AND ZONING
PORTION OF THE AGENDA.]
83. DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED RESOLUTION AUTHORIZING
CONSTRUCTION OF THREE MAUSOLEUM BUILDINGS AT 5301 W. FLAGLER STREET AS A
FINAL ATTEMPT TO REACH AGREEMENT BETWEEN DEVELOPER AND RESIDENTS OF THE
AREA (Owner / Applicant: Flagler Memorial Park) (Continued to January
23, 1992).
Mayor Suarez: On PZ-7.
Mr. Olmedillo: PZ-7 is a request for a special exception. This is subject to
your approval. It's the construction of the mausoleum.
Commissioner Dawkins: Mausoleum?
Mr. Olmedillo: The Zoning Board has recommended approval subject to building
a sidewalk on 53rd Avenue, SW 53 Avenue, excuse me, NW 53rd Avenue from
Flagler Street to 3rd Street, and a fence along 3rd Street and 53rd Avenue,
and landscape approved by the Planning, Building and Zoning Department. The
Planning, Building and Zoning Department has recommended approval to you.
Vice Mayor Plummer: Madam City...
Mayor Suarez: Who is going to be heard...? I'm sorry, go ahead, Mr. Vice
Mayor.
Vice Mayor Plummer: Madam City Attorney.
Ms. Miriam Maer: Yes, sir.
Vice Mayor Plummer: I have no financial interest in this cemetery. I have
nothing to gain, nothing to lose, just for the record, do I have any problem
in voting?
213
November 14, 1991
L
Ms. Maer: Based on what you've just said, no.
Commissioner Dawkins: They did not promise to give you a space in the
mausoleum if you vote for it?
Vice Mayor Plummer: I already have my hole in the wall at a competitor's
premise.
Commissioner Dawkins: OK.
Commissioner Alonso: That you don't plan to use for a long, long time.
Vice Mayor Plummer: I'm in no hurry.
Mayor Suarez: Is there anyone that - we would like speedy use of... I mean,
efficient use of that at the appropriate time. Is there anyone against, just
so I know what to expect? OK. Madam City Clerk, would you swear in? Stand
up and be sworn in if you're going to testify. OK, you don't have to, but
you're going to be representing the whole group? - a hundred and thirty-eight
signatures, OK. Then, be sworn in along with Ms. Dougherty and anybody on
behalf of her client.
Commissioner Alonso: Mr. Mayor, item PZ-6 is this gentleman.
Vice Mayor Plummer: We've done PZ-6.
Commissioner Alonso: We did?
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: You were sworn in but we're really on PZ-6.
Vice Mayor Plummer: No, 7.
Mayor Suarez: I mean, 7. You were on PZ-6.
Commissioner Alonso: No, this gentleman. Are you PZ...?
Vice Mayor Plummer: Seven.
Unidentified Speaker: Seven.
Mayor Suarez: No, no, great. All right. Who do we hear from first, now, who
is appealing?
Mr. Olmedillo: It's not an appeal. It's the special exception subject to
your approval, the applicant.
Mayor Suarez: Presentation. All right, counselor, and then we will hear from
the objectors.
214 November 14, 1991
N *1
Ms. Lucia Dougherty: Mr. Mayor, member of the Commission, my name is Lucia
Dougherty with law offices at 1221 Brickell Avenue. I am here today
representing Flagler Memorial Park. You may recall, prior to September of
1990, mausoleums did not have to get a special exception, they were permitted
use in cemeteries. Now, the procedure is you have to have a special exception
that both goes before the Zoning Board as well as the City Commission. We've
been to the Zoning Board and they have recommended approval subject to certain
conditions. We are now here before you for your approval. This is a
mausoleum which - you can see the photograph here - which is 3300 square feet,
and located one hundred and fifty feet from 53rd Avenue. It's located in a
small shaped area that is going to be shown to you on this map. It's located
in what's now a drive. It's a small crescent shaped area - show them the
other area of photograph down there, where the red is. So that's 150 feet
from 53rd Avenue. The mausoleum, as you can see, this entire map here shows
all of the grave sites that are completely filled. Any new - we are ninety
percent filled with our grave sites - any new bodies would have to be located
in some kind of mausoleum structure. We believe that the redevelopment of
cemeteries, at least for here, is going to take this kind of structure. And
in order for loved ones to still continue to bury people in the City of
Miami, you are going to have to be looking for these kinds of structures.
This is compatible with the neighborhood, we have a recommendation of approval
from the Zoning Board as well as the Planning Department. It's no larger than
a single family home located 150 feet away from your house, or away from those
clear streets. We've met with our neighbors. At the Zoning - excuse me? -
two stories. We've met with our neighbors the ones who showed up at the first
Zoning Board meeting, we went out there and showed them our project. They
came to the Zoning Board meeting and they made several demands which we agreed
to. They asked us to provide tail trees and shrubs, both inside and outside
of the existing wall, to put a wrought iron fence on top of the existing wall
to six feet, both on 53rd Avenue as well as 3rd Avenue, which we agreed to,
and to also...
Vice Mayor Plummer: Third Street.
Ms. Dougherty: Excuse me?
Vice Mayor Plummer: Third Street.
Ms. Dougherty: Third Street, you're right. And also to put a sidewalk along
53rd Avenue which we also agreed to. We would urge your approval of this
special exception. Again, we think it's compatible. You won't even see it
from 53rd Street. It will be completely blocked by trees, both inside and
outside of the existing wall. Thank you, very much.
Mayor Suarez: Just out of curiosity, I remembered when we considered the
cemetery that's on SW 8th Street, I guess it's Woodlawn, that the whole issue
of ownership and payment of real estate taxes and all that came into our
deliberations. Who exactly owns this and what kinds of taxes do they pay?
This is not subject to one of these...?
Vice Mayor Plummer: They are private streets.
Mayor Suarez: No, I mean the actual cemetery. Is it just a simple, fee
simple ownership where...
215 November 14, 1991
4
Ms. Dougherty: It's a privately owned - yes.
Mayor Suarez: ... it's appraised by the property appraiser and pays taxes?
Ms. Dougherty: That's correct. That's right.
Mayor Suarez: And I guess the one on SW Sth Street is entirely different for
whatever reason?
Ms. Dougherty: I don't know anything about that one.
Mayor Suarez: You don't know too much about that. OK. All right, sir.
Mr. Jose Guanaga: I would like to give you something...
Commissioner Dawkins: Pardon me, Mr. Mayor, how many...
Ms. Dougherty: Crypts?
Commissioner Dawkins: J.L., what do you call it?
Vice Mayor Plummer: Crypts.
Commissioner Dawkins: How many crypts will be on that?
Ms. Dougherty: There will be...
Vice Mayor Plummer: Three eighty four.
Ms. Dougherty: Three hundred and eighty-four.
Commissioner Dawkins: In an area by, what's the...?
Ms. Dougherty: Three thousand three hundred square feet.
Commissioner Dawkins: Three thousand three hundred square feet. OK.
Mayor Suarez: All right? And remember to tell us if you want these in the
record as an exhibit. He wants to tell us what the structure that we are
seeing is that...
Commissioner Dawkins: What is this?
Vice Mayor Plummer: That's the present mausoleum that's there now.
Mayor Suarez: OK. You better explain that because it looks like it's already
built.
Commissioner Dawkins: It's looks like it's already built. Then how are we
going to deny it?
Vice Mayor Plummer: It is. That one is already there.
216 November 14, 1991
Mr. Guanaga: OK. My name is Jose Guanaga.
Commissioner Dawkins: Hold it, wait a minute now. For my clarification...
no, no, stay at the mike. What's the significance of showing me this one? Is
the one that we are going to discuss?
Mr. Guanaga: No.
Commissioner Dawkins: OK, this one has already been okayed?
Mr. Guanaga: They are building that one right now.
Commissioner Dawkins: Beg pardon?
Mr. Guanaga: They are building over there right now and the other ones are
already located over there.
Commissioner Dawkins: All right, this one has been okayed by us?
Mr. Guanaga: Yes.
Commissioner Dawkins: OK, that's cool. Thank you.
Mr. Guanaga: You're welcome, sir. We live near a cemetery where children go
to school in front of a cemetery. We are used to this. The cemetery have
been there for a long time and we don't want to change it. We are not opposed
to a mausoleum because we already have... building a mausoleum... the cemetery
are building right now more than twenty thousand square feet of mausoleum
almost on top of Flagler Street and 53rd Avenue with seven parking spaces.
This is built in front of Henry Flagler Elementary School and will take about
two years to be finished. We are asking, why now, they want the special
j exception to get the permit for more mausoleums? The only reason is that when
they finish all those building of mausoleums, the people are going to be more
upset with the cemetery. The neighbors are already asking why the Commission
is letting them build that monstrosity on top of Flagler Street and the
school. Cemetery officials don't care for Miami or its inhabitants - neither
care for the children that go to school near the cemetery. There has never
been a sidewalk in sixty-five years even when they built the first mausoleum.
The City never asked for any improvements from the cemetery to the area. The
children who walk to school have to do so in the middle of the street because
there is no sidewalk from Flagler to 3rd Street on the side of the cemetery.
Now, they lied to the people because, claiming they don't have to build a
sidewalk unless we agree to the new mausoleum. When we build a house, the
i City demands to build a sidewalk. How come the cemetery does not have to
build a sidewalk one on a million dollar project. The five thousand crypts
will sell for approximately twenty-five million dollars.
Mayor Suarez: Would you be satisfied if they built a sidewalk?
Mr. Guanaga: No.
Mayor Suarez: OK.
217 November 14, 1991
I
Mr. Guanaga: They are not supposed to build there - one and a half million
dollar project.
Mayor Suarez: OK. Well, but if we got that... if we resolved that issue,
would you be satisfied.
Mr. Guanaga: No, no, the sidewalk is not an issue.
Mayor Suarez: OK.
Mr. Guanaga: The issue is...
Mayor Suarez: Sort of a tangential issue. OK.
Mr. Guanaga: No, it's not an issue. The only issue there is that they don't
care for Miami, you see - neither for the school. That's the issue of the
sidewalk. There never had been a sidewalk over there in sixi:y-five years.
Mayor Suarez: OK. All right. What is the main issue? - Is the main issue
traffic?
Mr. Guanaga: The main issue - OK, let me finish...
Mayor Suarez: Because you're saying that the mausoleum doesn't bother you,
per say.
Mr. Guanaga: No, the mausoleum bothered me already - or the neighbors but
they are all right out there. They want to bulldoze the mausoleum, but we
cannot do that, you see.
Mayor Suarez: Right.
Mr. Guanaga: That's against the law. Another thing...
Mayor Suarez: Is it a fair statement that the most important thing that
bothers you is the traffic that this is going to create?
Mr. Guanaga: No.
Mayor Suarez: No?
Mr. Guanaga: The most important thing is the people - I mean, I talked with
around two hundred and twenty-five people.
Mayor Suarez: Right.
Mr. Guanaga: You see, the people... I want to tell you one thing. You know
what happened with the people, the people think that they are the children and
you are the father. They blame you. They think they don't have to come here.
They said, they know... why they let them build the mausoleum - why do we
have to go over there to ask for? See, they look at you as the father -
children like looking as a father. I mean, they're not supposed...
Mayor Suarez: And mothers.
218
November 14, 1991
Mr. Guanaga: Yes, a mother. See, yes, I feel that in the street, you see. I
mean, they don't think that they have to come here and ask for their rights..
Mayor Suarez: OK, we are getting the drift of the philosophical argument and
the procedural argument, but what is the main objection? Is it traffic?
Mr. Guanaga: OK, the main objection is the mausoleum. We don't want no more
mausoleum, but let me finish. OK, the five thousand crypts will be sold for
approximately twenty-five million dollars. For that amount of money, who
cares about Miami? This is not a neighborhood issue, this is a City issue.
Flagler Memorial used to be a cemetery, now it is no longer a cemetery. It is
no profit enough. They want to build a city within the City of Miami, but
that city with so many mausoleums will be the City of Dead. We are
complaining of Brazil's burning of rain forest and the pollution is all
around. What about those buildings, what is going to happen a hundred years
from now? Our buildings are quite new and are falling apart. We impose on
our future generation that type of burden in the name of money. It appears
that money is the issue at hand. Cemetery officials say, we need the
mausoleum. Miami, doesn't need it. Miami has a cemetery, many. Only one,
eight miles away - Our Lady of Mercy, with enough capacity to bury people for
another fifty years, and a hundred and twenty-eight acres of land. We don't
need a city of dead near to the school, in the center of our City. I
represent concerned citizens like myself, with a petition pertaining two
hundred and sixty-two signatures opposing this project. Another thing, I
called the office in order to change the time and they told me that I am
supposed to call one month in advance to change the time, because a lot of
people cannot come at this time, the people are working - This is five
o'clock. I never went to work today, because of this.
Mayor Suarez: But you have these signatures?
Mr. Guanaga: I got the... two hundred and sixty-two signatures.
Mayor Suarez: And would you like these put into the record of these...?
Mr. Guanaga: Naturally.
Mayor Suarez: OK. So these are ordered into the record and the signatures, I
think, if Commissioners have not had copies - they are all from neighbors in
the area?
Mr. Guanaga: They are all from neighbors. I got thirty-eight... no, I got
more. I got like forty-two - they are the people who live facing the
cemetery. You see, the others are people all around the cemetery.
Mayor Suarez: OK. Not people outside the City or...?
Mr. Guanaga: No people outside the City.
Mayor Suarez: OK. And the petition reads "the following real estate owners
of Flagler Memoriam Park Cemetery are opposed to the special exception
requiring City Commission approval as listed in Ordinance 11000 as amended. A
zoning ordinance of the City of Miami, et cetera. Conditional principle uses
219 November 14, 1991
nine, to allow the construction of three mausoleum buildings, each being
twenty-one two and -a -half... twenty-one feet two and -a -half inches in height
and having a building area of three thousand three hundred and -sixty square
feet to house a total of three hundred and eighty-four single crypts.
Requiring City Commission approval, et cetera." There is no particular reason
given but you have explained the reasons, I think. I still think that the
main reason you're against and these people are against is the traffic it's
going to generate.
Mr. Guanaga: No, the main reason is the grotesque look of the... seeing on
top of Flagler Street and on top of the school.
Mayor Suarez: OK. And it's sort of an esthetic thing. We've seen that in
other parts of the City.
Mr. Guanaga: And we've got too many mausoleum... see, it's not only one
thing, is one mausoleum, it's that we've got too many mausoleums in the middle
of the City. You see, you understand my point.
Mayor Suarez: And there is no change of the design that would satisfy you?
You think that the very idea of a mausoleum is unaccepted?
Mr. Guanaga: The people... yes. The people, the very idea of the mausoleum,
the people are fed -up with the mausoleum.
Mayor Suarez: No landscaping or any of the other things that Ms. Dougherty
mentioned.
Mr. Guanaga: No landscaping, that's bushing. And another thing, you see,
what happened in thirty or forty years when they sold everything, they have
the twenty-five million dollars or the thirty-five million dollar and maybe
they said, this is enough, it's no profit no more. And they abandoned the
cemetery - abandoned those buildings.
Mayor Suarez: No, no, that's one thing they cannot do because that is
regulated by State law. They have to figure out a way, I think it's on a
perpetual maintenance or something.
Vice Mayor Plummer: Fifty.
Mayor Suarez: But the problem is that you are making the argument only on the
fact that they are going to make money and that these thing are expensive.
From our perspective you're trying to win our sympathy but that's not
necessarily a good argument because we don't mind them building things in our
City that are going to bring tax dollars. So...
Mr. Guanaga: No, that's your money. OK, but the problem is this.
Mayor Suarez: And put people to work, building, et cetera.
Mr. Guanaga: OK. You saw the pictures...
Mayor Suarez: Not to mention that there must be some need for more crypts
probably, otherwise they won't be building it.
220 November 14, 1991
Mr. Guanaga: It's not the same thing when you go to... when you're passing
with a car, it's not the same thing. When you see a cemetery, what do you see
from you car? When you see a cemetery, you don't see the ground to begin
with, you see your view.
Mayor Suarez: Your line of sight, right, your view.
Mr. Guanaga: You've got a long view and you're got trees on the side and you
don't have nothing in the front, you see. You don't remind yourself that you
are passing by a cemetery.
Mayor Suarez: Right.
Mr. Guanaga: What they are building right now, or what they are going to
build in the future is something that is a building full of dead in the middle
of the City. You see, I don't mind if they building another mausoleum far
away from the City. I mean, but not in the middle of the City.
Mayor Suarez: Not in the middle of the City. OK, let me ask a question to
the City, if I may?
Mr. Guanaga: Yes.
Mayor Suarez: To the Assistant City Manager - or Guillermo, either one. What
is the criteria that we are applying here to grant this?
Mr. Olmedillo: You're looking at the special exceptions. Special exceptions,
special permits. What you've got to do, or what you are... under the
ordinance, indicates is that you would find ways to mitigate the impact
basically. Of course, you have the option to approve or deny it, but
according to the...
Mayor Suarez: I mean, can we go on esthetics? He just says there are... I
forget what the word is he used but...
Mr. Olmedillo: Esthetics is one of the considerations.
Mayor Suarez: Grotesque, I mean, we find them to be grotesque. Is that a
good enough reason if we found them to be grotesque?
Mr. Olmedillo: Certainly. You cannot be unreasonable, of course, but
esthetics might be one of the considerations.
Mr. Rodriguez: The way you will handle that will be by saying that it will
have a negative impact on the character of the area.
Mayor Suarez: OK. What about the characters who live in the area?
Mr. Rodriguez: I wouldn't use esthetics by itself though.
Mr. Dougherty: Mr. Mayor, you will...
221 November 14, 1991
El
Mayor Suarez: OK. And I presume that although he refuses to acknowledge it
for some reason, that he, from the pictures that he has given us which are
introduced into the record, he is really concerned about traffic. That's
another factor.
Mr. Guanaga: That's another problem.
Mayor Suarez: OK. You don't want to say that's the most important one but
from our legal standpoint, it seems to be the most compelling of your
arguments. If I lived in that neighborhood that would be the main reason I
would be probably..,
Mr. Guanaga: OK. They're going to build five crypts... five thousand crypts
and they're going to have only seven parking spaces.
Vice Mayor Plummer: You say that but in the document we have in front of us,
it says three hundred and eighty-four.
Mr. Guanaga: Parking?
Mayor Suarez: No, crypts.
Commissioner Alonso: No, no, no, crypts.
Mr. Rodriguez: Because he is addressing the previous one.
Vice Mayor Plummer: What?
Mr. Guanaga: No, no, the previous one.
Mr. Rodriguez: He is addressing the previous mausoleums that have been built
there. The subject which is before you tonight is only the three hundred and
eighty-four.
Mr. Guanaga: Yes.
Vice Mayor Plummer: Yes.
Mr. Rodriguez: The problem is that he is concerned because of the impact that
was created by the previous mausoleum that is being built prior to the
amendment of the ordinance that requires them to come before you for approval.
Before they had it by right.
Mayor Suarez: But even with all those, are we talking about anywhere near
five thousand crypts? Or is he off a little bit by it in that calculation?
Vice Mayor Plummer: That which is before us now is for three hundred and
eighty-four crypts.
Mayor Suarez: It's three hundred and some.
Mr. Rodriguez: Three hundred and eighty-four.
Mr. Guanaga: Three hundred and sixty...
222 November 14, 1991
Mayor Suarez: But, did they build five thousand crypts?
Vice Mayor Plummer: What he is talking about is...
Commissioner Alonso: But, did they build that many?
Mr. Guanaga: Five thousand crypts, yes, in top of Flagler.
Commissioner Alonso: Really?
Mayor Suarez: Is that, counselor? - are we any where near that? - just out of
curiosity.
Commissioner Alonso: That's a lot.
Mr. Dougherty: Mr. Mayor, you're not going to see this mausoleum from the
_ street. He is concerned about what you're going to see from the street, you
will not see it. It's one hundred and fifty-three...
Mayor Suarez: Can we just find out if you're going to have a total of five
thousand crypts there?
Mr. Guanaga: On top of Flagler.
Ms. Dougherty: Excuse me, what are you saying?
Mayor Suarez: He keeps saying that between the prior mausoleums and the ones
now, you're going to have a total five thousand crypts.
Commissioner Alonso: That's a lot.
Mayor Suarez: Or five thousand burial places.
Ms. Dougherty: In the one that is being built now, it's five thousand, yes.
Mayor Suarez: Can we get from the City Clerk, the pictures back that he...
and in the process can you...?
Mr. Guanaga: Excuse me, another question, I mean, just for a matter of
record. They don't have to build a sidewalk when they build a million and -a -
half dollar project? -because we build a small house and we must build a
sidewalk.
Mayor Suarez: I like that argument too. You know, I think they should build
a sidewalk. I mean, that's the least they should do. But I don't know that
that's one of the things we get to decide tonight.
Vice Mayor Plummer: What do I recall, they are building other crypts now over
on the other avenue?
Mr. Olmedillo: Yes.
223 November 14, 1991
Ms. Dougherty: We are building crypts now on Flagler... at the corner of
Flagler and 53rd.
Mr. Olmedillo: Of 53rd.
Ms. Dougherty: I have a rendering of that mausoleum by the way, it looks like
an apartment house on Flagler Street. If you have...
Mr. Guanaga: Jesus.
Ms. Dougherty: It does.
Mayor Suarez: But he showed us pictures and they don't look that nice. From
completion, how long does it take to build this?
Mr. Guanaga: Two years.
Commissioner Alonso: I tell you, it does look like an apartment building to
me, but it's shocking to know that it is not.
Vice Mayor Plummer: Excuse me, just for your edification. This one is
already built and this one is basically already occupied.
Commissioner Alonso: Yes.
Vice Mayor Plummer: This is the one that they are contemplating and they do
take about two years because most of them are made out of marble. So it does
take a long time to put those together. Those are the new ones there that are
under construction. That's up near the front.
Mr. Guanaga: Yes. You can see that very clear from the school.
Mayor Suarez: Why are they made out of marble?
Mr. Guanaga: No, they're not going to...
Mayor Suarez: Is that because the industry realizes that people pay almost
anything? I mean, it doesn't seem like, from the fifty year requirement you
would make something out of marble.
Vice Mayor Plummer: No, marble is forever.
Mayor Suarez: But you said, didn't you say it before that they have to
guarantee it for fifty years? I don't want to get into my colleague's
business, but, I don't know, some things amiss here. Yes counselor, you want
to add anything before the Commission considers this and...
Ms. Dougherty: Both of the structures are going to be made out of granite.
Mayor Suarez: Granite.
Mr. Rodriguez: Mr. Mayor, I am not sure the gentleman put his name in the
record and his address.
224 November 14, 1991
0
0
Mayor Suarez: I think he did, but why don't you go ahead and tell us again.
Mr. Guanaga: My name is Jose Guanaga, I live on 5550 NW 5 Street.
Commissioner Alonso: What were the conditions? - the sidewalk and what else?
Ms. Dougherty: The conditions that were asked by the neighbors who came to
the first meeting, who are not here tonight - in fact, none of these people
were at the first meeting - tali trees and shrubs, both inside and outside of
the wall. A wrought iron fence to put on top of the existing wall to prevent
people from getting into the cemetery along both 3rd Street and 53rd Avenue. -
Which would be about two thousand feet. And a sidewalk on 53rd Avenue.
Commissioner Alonso: Well I have to give my opinion. I really think that it
looks like an apartment building, and I don't like it because the idea that it
is...
Ms. Dougherty: No, this is not the...
Commissioner Alonso: ... not true apartment buildings, it's kind of shocking
to me. The picture... this one looks better but the pictures are not...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Alonso: I know, but it's more of the same, right?
Vice Mayor Plummer: No, it's an entirely different type of structure.
Mr. Rodriguez: It's very different.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: At least, you're getting him to design it better. The other
one, I don't want to be disrespectful of the dead, but you know what the other
one looks like? - you're talking about apartment building, it looks like an
apartment building in Kuwait after the war. Because it's like pockmarked you
know, from the pictures we see.
Commissioner Alonso: From the pictures, they really...
Mayor Suarez: It looks like it's got all these little perforations, you know,
like there was some kind of warfare.
Commissioner Alonso: From the pictures, they really... and maybe that's why
they dislike it so much because it's...
Mr. Guanaga: We don't want it, and we got...
Mayor Suarez: Twenty years ago? You know, the problem is that we get things
shown to us here that look quite different from the way the end up.
_ Mr. Guanaga: And another thing, we've got too many mausoleums in the area,
too many. It's not the issue another more. It's how many more? After that
one they're going to want another one. It's too many mausoleums.
225 November 14, 1991
Y'.4MVi:ra`rvi':YiXP$�Y.:iia'+.iYtlY=we��ka:.-✓:.J.:i�.K.[m.,.=t-r3'Jl�3iiC43F:t}'td�$3:+i:='a'nl`oS5H2Yd%Ekaii
Mr. Dougherty: Mr. Mayor.
Mr. Guanaga: It's not going to be a cemetery.
Mayor Suarez: And that intersection is quite a dangerous intersection as it
is.
Mr. Guanaga: It's a big intersection. A lot of people go... pass through
Flagler every day. They are ten feet from the sidewalk and they're building
more.
Ms. Dougherty: Mr. Mayor.
Mayor Suarez: OK, we can't just go on forever but last statement from both
sides. Yes.
Ms. Dougherty: Mr. Mayor, I know that you said that sometimes you don't get
built what you see here, we will proffer these pictures into the record so
that you know, and so... and as a condition that the Planning Department
ensures that what is done on these photographs is actually constructed, in
terms of design, finish, landscape...
Mayor Suarez: And if they don't look like that you tear them down.
Ms. Dougherty: No, we can't build it. You have to approve the building plans
before we actually build it.
Mayor Suarez: Anything further, sir? - and then Commission inquire, and we
will close the public hearing part of this.
Mr. Guanaga: The only thing, we've got like almost two hundred and sixty-two
people more because well... who are opposed... the neighbors who are opposed
to the mausoleums.
Mayor Suarez: OK, if any of them would like to make a statement. He has
already testified on your behalf but you might have something new to add and
we can swear you in very quickly if you want to speak on behalf of the new
group.
Commissioner Alonso: Are all of them against it?
Mayor Suarez: USTED HABLA A NOMBRE DE LAS PERSONAS QUE ESTAN CON USTED?
Ms. Martha Sanchez: I am Martha Sanchez.
Mayor Suarez: All right, swear her in Madam City Clerk.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Ms. Sanchez: I live in the neighborhood for over ten years.
Mayor Suarez: Why don't you give us an address.
226
November 14, 1991
Ms. Sanchez: My name is Martha Sanchez, I am at 330 NW 53rd Avenue. I am not
exactly across the street from where they are going to build the mausoleum, I
am maybe a block away. The mausoleum that is now at 53rd and Flagler, it was
built, according to the design that the cemetery wanted because they did have
the right to the 25 feet height. It's five thousand units. The neighbor who
questions, why do we need more, I mean, we are not going to solve the problems
of the City. There is more people coming to live in the City, there is no way
you can put all of them away there. It's going to become a City there. There
is going to be very little left, when we move there it was a park. It was a
delight to look at. If you people decide to grant them the right to build
that, then we would like to have that place totally secluded, you know, like
with bars and wrought iron, and...
Mayor Suarez: That she addressed. She did address that.
Commissioner Alonso: That, she had agreed.
Mayor Suarez: She agreed to that.
Ms. Sanchez: Because otherwise, what can we expect? - In the future, another
building will be added, another building will be added, they will be closing
streets because that's what they are doing now. So, in general, we are all
not looking forward to having additional mausoleum buildings there. I think
with the five thousand units they have enough and they have one mausoleum
already on 55th Avenue.
Commissioner Alonso: It was my understanding that you have met with the
neighbors...
Ms. Dougherty: Yes, we did.
Commissioner Alonso: ... and they had agreed to...
Ms. Dougherty: This woman is in fact, the woman who made the proffer at the
last meeting of these conditions which we agreed to. And I want to also add,
there isn't any room to put any more mausoleums in the park. Now, we can't
close any more streets because remember, we have to also provide the parking
because that's a new condition that you didn't have before. We now have to
provide parking spaces along with the mausoleum. So...
Mayor Suarez: You can't move people who were in regular graves into...
Ms. Dougherty: We cannot move people.
relative that ever existed.
Vice Mayor Plummer: Forget it.
Not without permission from every
Ms. Dougherty: So, there isn't any room to...
Mayor Suarez: And you can't take any other space for any other use to build
any more mausoleums?
227 November 14, 1991
Ms. Dougherty: Well, see, you have to build not only the mausoleum but the
parking spaces as well.
Mayor Suarez: I heard that but I am...
Ms. Dougherty: And there just simply isn't any room.
Mayor Suarez: You want to answer that last point, sir? - I see you got up
real quick.
Mr. Guanaga: There always can be on the street they were going to build. You
see, in the street inside the mausoleum, they always can build there. That's
what they are going to do right now. Where are they going to build this one?
Mayor Suarez: Right on the street.
Mr. Guanaga: The street. In the street inside the mausoleum.
Mayor Suarez: Inside the cemetery?
Mr. Guanaga: Inside the cemetery. And later on they could begin to buy
people. They buy the tombs and... you see, because it's...
Mayor Suarez: Ms. Sanchez, is it a fair statement to say that you, as
counselor said, you proffered certain conditions and they agreed to them, or
you thought that that might be the best you could do and you settled for that?
Ms. Sanchez: That's what we though, that was the best we could do, because in
principle, we don't want it. We find that five thousand units is enough. But
if we are really drawn to the point with the right that they have, because
it's within a hundred and fifty feet inside of the cemetery, and it's not
beyond the legal rights of heights that they have, then we would like some
things added to this package, so that at least, the neighborhood is preserved
in a certain way. But in principle, we will like not to have it.
Mayor Suarez: OK. Anything further from the Commission? There is no report
from transportation, Public Works, as to the traffic situation?
Mr. Olmedillo: When these items come before the manager's office before it
goes to public hearing, we get together with Public Works and all the comments
were contained in there. Remember, the three hundred and eighty-four units,
if you take it... break it down into how many visitations you're going to make
a year to your dearly beloved...
Mayor Suarez: Right.
Mr. Olmedillo: ... it's not going to be that much of an impact. And at that
point...
Mayor Suarez: You know, he has got all the terminology now and after he is
finished here, he can go and work for you, J.L.
Commissioner Alonso: I know.
228
November 14, 1991
_---------
Mayor Suarez: He has got all the terms that...
Commissioner Alonso: How many parking spaces do they have there now?
Mr. Olmedillo: You need - right now, I couldn't tell you right now, I don't
have...
Mayor Suarez: How many parking spaces are there in the whole cemetery?
Ms. Dougherty: There are eight provided for the new mausoleum.
Commissioner Alonso: Eight?
Mr. Olmedillo: For this application.
Ms. Dougherty: For the new mausoleum and the old mausoleum has seven, I
think.
Commissioner Alonso: For all of them? - for the five thousand?
Ms. Dougherty: For the old one, yes. See, there was no parking requirements
before.
Commissioner Alonso: I see.
Ms. Dougherty: Now there is, which limits us in the future.
Mayor Suarez: The impact on the neighborhood itself evident has not a
positive impact that I can see, but you know, that's one person's view.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: All right, all right, sir. We can introduce all of these into
evidence too or into the record, rather. He said here, close to the mike,
that people are parking on the graves, and I am not sure if that was a figure
of speech or it actually happens over there. Either way, it doesn't seem like
there is a lot of parking.
Unidentified Speaker: They have plenty of streets where to park.
Mayor Suarez: I see what you're saying, when they park right next to the road
it's almost like on top of the... where the body actually lies, but that's
typical of the other cemeteries.
Vice Mayor Plummer: Yes.
Commissioner Alonso: Well.
Mayor Suarez: All right, Commission.
Commissioner Alonso: I wish we could find some sort of agreement that
perhaps, the neighbors would be satisfied and we could have it built. I don't
know if by giving an opportunity for them to meet again, that might be an
opportunity. They are telling me no, as it seems. I realize that we have to
229
November 14, 1991
N
put the dead somewhere, even though I am one that these type of constructions,
I just don't like, basically, don't like. The pictures that I saw, they
looked to me as very ugly apartment buildings occupied by the dead and
usually, condominiums of the dead, it's not...
Mayor Suarez: Appealing.
Mayor Suarez: It does not give me a feeling of satisfaction at all. It's
not... even though in my mind I will have to accept it because maybe in the
future that's all that we are going to see. But I am not inclined to support
this and if perhaps, you people can work this out by meeting again and if the
neighbors would like to give it a shot again, if not, I will move for denial.
I just...
Ms. Dougherty: I'd be happy to meet with neighbors again. I'd be happy to
support any kind of reasonable conditions that the neighbors would propose -
that we could live together.
Commissioner Alonso: Because she made a suggestion that...
Ms. Dougherty: Absolutely.
Commissioner Alonso: ... it is something that perhaps could be adjusted. And
with the guarantee perhaps, and nothing else is built because I think that
area is very, very crowded, no question about that. They are very right. I
don't know how in the world they have legally the space to build these in the
space that they have because it's truly overcrowded.
Mr. Rodriguez: It was before - yes, before they had the right to do it,
that's why we changed the law, and we are going through this process now. But
we still have to be approved by the Commission through a special exception.
Commissioner Alonso: But in fact, they have it there, the regulations were
like that, but now that we changed it, still, they have enough open space to
do this too? It seems to me that they are a little bit excessive.
Vice Mayor Plummer: Send it back.
Commissioner Alonso: Yes.
Ms. Dougherty: Madam Commissioner, the reason we are asking for it is because
there is a real need. These are families who now have their families buried
there who want to continue to go to the same cemetery to visit their
relatives - for their family. The City of Miami has the need, otherwise, we
wouldn't be building it.
Mr. Guanaga: We don't need it. We really don't need it. - Not for now. They
are building five thousand right now. They are going to take two years to
build it.
Commissioner Alonso: They are not building five thousand right now...
Mr. Guanaga: Yes, they are building five thousand right now. It will take
two years to finish those five thousand.
230 November 14, 1991
Commissioner Alonso: Well, what they have already on the way... yes, I do
understand - including one...
Mr. Guanaga: They are building... We don't need it.
Mayor Suarez: Five thousand crypts.
Mr. Guanaga: Yes, five thousand crypts.
Commissioner Alonso: Together with what they are building now, I see.
Mr. Guanaga: Five thousand crypts.
Mayor Suarez: We are going to have more dead residents of the area than live
residents pretty soon.
Mr. Guanaga: Right. You put it, this is going to be a City of dead.
Commissioner Alonso: That's really an excessive...
Vice Mayor Plummer: What are you worried about? - as long as they are voters.
Mayor Suarez: Well, we've heard that you have a way of maintaining certain
absentee ballots.
Mr. Guanaga: Another point, excuse me. You see, the lady has the right to
say, and she is right, but you see, she was thinking that the Commission
already approved, you see.
Mayor Suarez: Yes, we established that. That she thought that's the best she
can do and she said that's what she thought, but if she could have nothing at
all, she would prefer that.
Commissioner Alonso: Yes.
Mr. Guanaga: OK.
Mayor Suarez: All right, Commissioners, we've got to move on this.
Ms. Sanchez: May I for a moment, and I want to address an issue that she
presented.
Mayor Suarez: If you speak then I have to let her speak and we might be here
all night. It may be that things are going your way and you know, around here
we have a saying that says, momentum is on your side. You're going to move?
Commissioner Alonso: Yes. I don't feel that we can possibly approve this.
At this time, I feel that I am not inclined to vote for this. I will move for
denial.
Mayor Suarez: So moved. Motion for denial of the special exception. Is that
a correct terminology that I have used?
231 November 14, 1991
Vice Mayor Plummer: Yes.
Mayor Suarez: Do we have a second on the motion to deny? I'll second.
Vice Mayor Plummer: Just for the record, I would prefer to send it back as
you spoke of before to try to see if there isn't some way that it could be
worked out of a compromise as been done with the others, but the motion is on
the floor and duly seconded. Is there any further discussion? Hearing none,
call the roll.
ON MOTION DULY MADE BY COMMISSIONER ALONSO AND SECONDED BY MAYOR
SUAREZ, THE ABOVE MOTION FAILED BY THE FOLLOWING VOTE:
AYES: Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr..
ABSENT: Commissioner Miller J. Dawkins.
Mayor Suarez: OK, we have no action.
Commissioner Alonso: So, let's send it back to try to get a compromise.
Vice Mayor Plummer: Well, Mr. Mayor, I' l l make a motion at this time, that
there be one more try at a compromise between the neighbors and the applicants
at a townhall meeting with Mr. Sergio present there to answer any all
questions that would be in fact, proffered, to see if there is some way that a
compromise could be made. It's a mean man that won't compromise, so, I, at
this time, offer a motion to send it back to a townhall meeting.
Mr. Rodriguez: Do you want them to bring it back on December 5th or...?
Vice Mayor Plummer: No, no, January.
Mr. Rodriguez: January.
Vice Mayor Plummer: You're not going to do it December 5th. We've got one
meeting in December.
Mr. Rodriguez: I know.
Commissioner Alonso: What will be important is that all of them go, because
she thought she had some sort of agreement and it didn't, so maybe if they
meet they can come to a compromise or they know that they don't want it.
Mr. Guanaga: No, no, because you see, what happened, the people in the street
think... I talked to a lot of people in the street.
Mayor Suarez: OK, but that's where we are now. There are five Commissioners
here, so at some point, maybe, you will have three votes.
232 November 14, 1991
Commissioner Alonso: Exactly. We tried, it did not go your way, we are
trying to see if another way we can do it.
Mr. Guanaga: OK. Another thing, we would like another time, not at five
o'clock.
Mayor Suarez: All right, we will schedule it for...
Mr. Rodriguez: January 23rd, at seven o'clock, you want?
Vice Mayor Plummer: That's fair.
Mr. Guanaga: That will be good.
Mr. Rodriguez: That will be too late, by the way.
Mayor Suarez: Seven o'clock.
Vice Mayor Plummer: Seven o'clock is fair.
Mayor Suarez: I'm sorry?
Mr. Rodriguez: It might be too late with the agenda because we might not have
that many items. It's up to you.
Mayor Suarez: Six thirty? How about six thirty?
Mr. Guanaga: Six thirty or seven o'clock, yes.
Mayor Suarez: All right, let's try for six thirty and be fair to everybody
else.
Vice Mayor Plummer: Six thirty.
Commissioner Alonso: OK.
Mayor Suarez: OK. So moved and seconded. Vice Mayor moved it, Commissioner
Alonso seconds the motion to continue the item.
Ms. Dougherty: Would you like to set the town meeting now?
Mayor Suarez: All the stuff is in the record, but you can take it... Madam
City Clerk, and then he will bring it back. Call the roll. - Particularly if
this were continuing, we can take it off the record.
233 November 14, 1991
rl
The following motion was introduced by Vice Mayor Plummer, who moved its
adoption:
MOTION NO. 91-860
A MOTION TO CONTINUE PZ-7, PROPOSED RESOLUTION SEEKING
CITY COMMISSION'S APPROVAL CONSTRUCTION OF THREE
MAUSOLEUM BUILDINGS AT 5301 WEST FLAGLER STREET
(FLAGLER MEMORIAL PARK), TO THE MEETING SCHEDULED FOR
JANUARY 23, 1992, AT 6:30 P.M.; FURTHER INSTRUCTING
THE ADMINISTRATION TO HOLD A TOWN HALL MEETING IN THE
CITY COMMISSION CHAMBERS, ON DECEMBER 11, 1991, AT
7:00 P.M. AS A LAST ATTEMPT TO REACH A COMPROMISE
BETWEEN APPLICANTS AND RESIDENTS.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins.
Commissioner Alonso: I'm not sure if they all understand exactly what's
happening, so.
Mayor Suarez: Why don't you...?
INAUDIBLE COMMENTS NOT ENTERED INTO THE RECORD.
Commissioner Alonso: Yes, he will meet with the neighbors, OK.
Mayor Suarez: Right. It was two to two up here so you... we are going to try
to figure out some way we can get a majority up here one way of the other. In
the meantime, since it's a tie right now, maybe there could be a solution
between the two sides. Maybe, someone from Planning could explain further to
them. They don't have an attorney and you know, somebody could help them a
little bit.
Mr. Rodriguez: We will set it up for December 11th.
Vice Mayor Plummer: No, January.
Commissioner Alonso: No, no, January.
Mr. Rodriguez: No, I mean the townhall meeting that you're talking about.
Vice Mayor Plummer: Oh, that's up to...
234 November 14, 1991
Mr. Rodriguez: So it will be clear for everybody that is here that it's on
December 11th at 7:00 p.m. here - the chambers.
Vice Mayor Plummer: For the townhall meeting.
Mr. Rodriguez: For the townhall meeting.
Vice Mayor Plummer: Right. All of you will be here.
Mr. Rodriguez: December lath, which is a Wednesday, 7:00 p.m. here.
Mayor Suarez: All right, so moved and second. Any discussion? If not,
please call the roll.
The following motion was introduced by Vice Mayor Plummer, who moved its
adoption:
MOTION NO. 91-861
The essence of this motion is incorporated into Motion
91-860, above.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins.
84. (A) (Continued Discussion) RECONSIDER PREVIOUSLY PASSED RESOLUTION
CONCERNING AGENDA ITEM PZ-6 WHICH HAD UPHELD ZONING BOARD'S
DENIAL OF VARIANCE AT 1900 S.W. 22 AVENUE.
(B) GRANT APPEAL BY PEDRO HERNANDEZ - REVERSE ZONING BOARD'S DENIAL
OF VARIANCE TO PERMIT COVERED TERRACE ADDITION TO EXISTING
SINGLE-FAMILY RESIDENCE AT 1900 S.W. 32 AVENUE (See label 81).
------------------------------------------------------------------------------
[NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT, ARE
STATEMENTS IN SPANISH. FOLLOWING EACH AND EVERY
STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION
INTO ENGLISH OR SPANISH, AS THE CASE MAY BE.
SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL
LETTERS. TRANSLATIONS WERE MADE BY ANTONIO
SACERIO.]
235
November 14, 1991
A -
Mayor Suarez: Item PZ-6, I'll move to... I'll entertain a motion to
reconsider.
Vice Mayor Plummer: PZ-6.
Mayor Suarez: Yes. They were not here. Now, we're going to have a problem
because I think... oh, no, there you are.
Commissioner Alonso: Yes, he is here.
Mayor Suarez: You thought you had won and you could go home and forget all
about this, right?
Mr. Rodriguez: I don't know.
Mayor Suarez: OK. Can I entertain a motion on that so that we can at least
hear them. It's not going to be easy for them to prevail after not being here
on time.
Vice Mayor Plummer: So moved.
Commissioner Alonso: Yes.
Mayor Suarez: Seconded by Commissioner Alonso. Call the roll.
The following motion was introduced by Vice Mayor Plummer, who moved its
adoption:
MOTION NO. 91-862
A MOTION TO RECONSIDER PRIOR VOTE TAKEN FOR RESOLUTION
91-859 (WHICH HAD DENIED AN APPEAL OF ZONING BOARD'S
DENIAL OF A VARIANCE TO PERMIT AN EXISTING COVERED
TERRACE ADDITION TO AN EXISTING SINGLE FAMILY
RESIDENCE (AT 1900 S.W. 32 AVENUE).
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins.
Mayor Suarez: PZ-6.
Mr. Olmedillo: PZ-6, Mr. Mayor and Commissioners, is an appeal to the
variance which was denied by the Zoning Board.
236 November 14, 1991
Mayor Suarez: This was at - what do you call it? - the platform, the terrace,
what is it?
Mr. 0lmedillo: It's a terrace, it's a covered terrace, an enclosed terrace
which is in the back of the house. It was built without the benefit of a
permit and it was brought to the Zoning Board. The Zoning Board denied it on
an eight to zero vote and it was appealed by the property owner to you. So,
we will hear from the appellant first.
Mayor Suarez: OK. Do you speak English?
Mr. Antonio Sacerio: He doesn't speak English.
Mr. Pedro Hernandez: No.
Mayor Suarez: OK. You were kind of intermediary before, a spokesperson or
something, right? Did they get sworn in? Please swear them in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: OK. You're going to translate for him?
Mr. Sacerio: Yes, Mr. Mayor.
Mayor Suarez: Great. Explain to him that we had this item, we heard from the
opponent, we basically decided against him, but we are going to give him a
hearing even though, you know, technically, he lost. We are going to go ahead
and reopen the matter but we are trying to be fair.
Mr. Hernandez: BUENO, YO DISCULPO QUE LLEGUE TARDE Y FELICIDADES PARA LOS
COMISIONADOS ELECTOS. BUENO, YO HICE UNA TERRAZA ALLI. BUSQUE AL HIJO MIO Y
AL TIO DE LA SENORA PARA QUE ME HICIERAN LA TERRAZA PORQUE MI HIJA NO TIENE
DONDE JUGAR PORQUE AL FRENTE NO HAY PATIO Y CREIA QUE NO ERA... Y ENTONCES...
TRANSLATION: First of all, I would like to apologize for being late. I will
like to congratulate all the elected Commissioners. I built a terrace. I
went for my son and my brother-in-law to build this terrace. Because my
granddaughter doesn't have a place to play. And I feel like it wasn't
necessary.
Mayor Suarez: This is your granddaughter?
Mr. Hernandez: SI, ESTA ES MI NIETA.
Mayor Suarez: This is very unfair to bring your cute granddaughter here.
Commissioner Alonso: It is, indeed, believe me.
Mr. Hernandez: Y ESTA ES LA NUERA.
Mayor Suarez: MUY INJUSTO TRAER AQUI A SU NIETECITA ASI TAN SIMPATICA. She
doesn't know what's going on but she knows she is the subject of a discussion
here.
237 November 14, 1991
Mr. Hernandez: ES DONDE ELLA PUEDE JUGAR.
Mayor Suarez: Ms. Sheer, I don't know, you know, you might have to cave in
here pretty soon. You still don't... the granddaughter doesn't convince you?
All right, go ahead. I'm sorry I interrupted.
Mr. Hernandez: ES DONDE TIENE ELLA QUE JUGAR Y ENTONCES, YO NO PIENSO... YO
NO VOY A CERRAR ESO. YO LO VOY A DEJAR ABIERTO, NI LO VOY A ALQUILAR, NI
NADA.
TRANSLATION: I don't have intensions to close it up. It's going to be an
open terrace. I just built it for the full enjoyment of my granddaughter. I
don't have no intention to rent this property and I plan to live there for the
rest of my life.
Commissioner Alonso: It is an open terrace.
Mr. Hernandez: ES UNA TERRAZA ABIERTA.
TRANSLATION: It's an opened terrace.
Mayor Suarez: Your concern was that if we grant this, or I think it was a
violation of the code what they did before, right, Sergio?
Mr. Rodriguez: Yes, they did this without permits and they caught, and so it
went to the...
Mayor Suarez: And what kinds of permits were needed? Not just a permit,
because you're constructing something. A permit...
Mr. Rodriguez: You have to get a building permit and follow procedures to
know that you are a certain distance from the setback from the next neighbor.
Mayor Suarez: So, in other words, they also violated the setback
requirements?
Mr. Rodriguez: The setbacks too, right.
Mayor Suarez: Now, she is concerned that they could then, if this was
allowed, build on it, some other kind of structure, not just the terrace,
right?
Mr. Rodriguez: They could do... what she said, I think her concern is that
they might enclose this in the future also and...
Mayor Suarez: If we figured out a way to keep them from ever being able to do
that by a covenant or something, would that satisfy you? - If they just keep
the terrace? I mean, the fact that they built it beyond the allowed setback
does not really impact too much on the neighboring houses as long as they are
not allowed to then enclose it.
Ms. Doris Scheer: The two things that concern the board - First, they did not
get a building permit. Second, it will become a room, eventually.
Unfortunately, I could not attend the Zoning meeting.
238 November 14, 1991
Mayor Suarez: Right. Why do you think it will become a room? If we could
find a legal way of making sure that they can't and that they would then have
to tear down not only whatever they built on it but also the terrace itself,
why do you think that we couldn't enforce it somehow?
Ms. Scheer: It's a two bedroom house.
Mayor Suarez: Right.
Ms. Scheer: It looks from the street that the Florida room was extended,
whether there is another bedroom in the back or not. Obviously, there is
going to be an increase in the family. I think there in itself is the perfect
basis for...
Mayor Suarez: Well now, if there is a violation there already...
Ms. Scheer: This is the roof, all they have to do is...
Mayor Suarez: ... you can proceed against that separately. We can
investigate that and cite him for violation and require that they tear any of
that that doesn't comply, down. But as to the terrace here, if they built on
it and we somehow put in a requirement which I am sure the City staff,
Planning staff and the City Attorney are already thinking of how we can do
that and already with a legal form for that, that would say, if they in fact
built anything on it that would be a violation and they would be subject to
having to remove not only what they built but the prior terrace - if that
could be done with that.
Ms. Scheer: Well, I think basically, what we are doing then is leaving way
for other people to do it and then we become enforcement people. Because
everyone has this gut feeling that it's going to turn into that. It's up to
the Commission whether they feel that the need is there. But...
Mayor Suarez: Well, it's like a little bit like a shed, you know, a shed that
is built a little too close to the other side, or a fence that's built a
little too high next to the... I think, the...
Ms. Scheer: As far as providing a place for a child to play...
Mayor Suarez: Right.
Ms. Scheer: Every house on the street has the same problem. Because let's
face it...
Mayor Suarez: And I would have no problem with every house in the street
building a nice little terrace...
Ms. Scheer: Having an overhang?
Mayor Suarez: ... if I knew that it wasn't going to create a bigger density
in the area, or anything. Would you?
Ms. Scheer: Well, that's our basic problem. If there is some way of building
that into whatever you do, I think it's up to your discretion.
239 November 14, 1991
Mayor Suarez: Right. OK. All right.
Ms. Scheer: But we feel very, very funny. Being an association, we don't
want to be the policeman of the neighborhood but on the other hand...
Mayor Suarez: Well, we're going to try to help to make sure that you don't
have to be, that it's built in, and all you have to do is just send us a
little letter and it will be self-executing somehow.
Ms. Scheer: Right. And they do realize that if such a thing happens that it
will have to come down entirely.
Mayor Suarez: Well, that's what I want to be sure. flow about it?
Ms. Scheer: Thank you.
Ms. Miriam Maer: Certainly, if it's the pleasure of the Commission, we could
provide a covenant running with the land for them to execute which sets forth
the conditions that the property never be converted in... that area never be
converted into an additional living unit and that the inspectors from the City
would have the right to enter the property at any time within...
Mayor Suarez: And that they would have to tear down not only what they built
additionally, but the terrace too.
Ms. Maer: The entire terrace might be a little... I mean, if they were able
to build a terrace and meet the setback requirements which is what the problem
is here. If they built a narrower terrace, I am not sure it would be
correct...
Mayor Suarez: Well, at least tear up so much of the terrace as is now
encroaching on to the variance.
Ms. Maer: Right, which violated the variance.
Mayor Suarez: I mean, to the setback.
Ms. Maer: To bring it into to conformance with the code. However, Mr. Mayor,
if I may, if you could attach as an additional condition that this executed
covenant...
Mayor Suarez: Whatever makes sense.
Ms. Maer: ... be returned to our office within thirty days subject...
Mayor Suarez: Oh, I think we ought to hold off on approving this until we
have it in hand.
Ms. Maer: Thank you.
Mr. Sacerio: Mr. Mayor.
240 November 14, 1991
Mayor Suarez: Explain to them - and I don't know that you want to do it now,
maybe you want to table the item for a few minutes and we will take a vote at
the end of the session - what took place. If you can explain it to them, we
might vote for them, if they understand. You could take a couple of minutes
to explain to them outside. We will do the last item and then we will take a
vote on this if the Commission views it favorably. If they built anything on
it other than a terrace, if they try to enclose it, and we will be notified of
that, we will have the right to go in there and inspect it and if it is a
violation, we will tear down everything...
Commissioner Alonso: The terrace.
Mayor Suarez: ... including the part of the terrace that goes to the setback.
All right, we're going to have to now draft a covenant that will do that and
we can't really do that today. Is this a... this is not an ordinance, it is a
resolution, right?
Mr. Sacerio: Excuse me, Mr. Mayor, for the record, please. My name is
Antonio Sacerio and we have architect office at 215 SW 17th Avenue. I've been
commissioned by Mr. Hernandez to draw some plans and advise him of the zoning
matter relating to the case. He doesn't have the mind to build a room or
anything like that. If you see the plans drawn by our office...
Mayor Suarez: OK, what we're going to do...
Commissioner Alonso: Can we approve today, subject to the...?
Mayor Suarez: Yes, we will be inclined to approve it subject to the covenant
being drafted, signed and being in the form that it could be put as a recorded
document. All right?
Mr. Sacerio: OK.
Mayor Suarez: You want to state into the record anything further about what
the covenant will include?
Ms. Maer: I think the provisions of the covenant are clear. My concern is
that the variance is not effective unless the covenant is emanated.
Mayor Suarez: Absolutely. Can we do that conditionally...
Commissioner Alonso: To coincide.
Vice Mayor Plummer: or should we just postpone the final...?
Ms. Maer: I think that if it is not provided to us within thirty days we
bring it back to you at the Commission meeting in January 1992. How's that?
Commissioner Alonso: OK, fine.
Mayor Suarez: OK. All right, with that proviso, we have a motion...
Commissioner Alonso: Yes, so moved.
241 November 14, 1991
Mayor Suarez: ... by Commissioner Alonso? Seconded by the Vice Mayor, who is
cracking his fingers, that's close enough. Call the roll.
Mr. Sacerio: Thank you.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-863
A RESOLUTION REVERSING THE DECISION OF THE ZONING
BOARD AND GRANTING THE VARIANCE FROM ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, ZONED R-1 SINGLE FAMILY
RESIDENTIAL, TO PERMIT THE EXISTING 15' X 44' COVERED
TERRACE ADDITION TO THE EXISTING SINGLE-FAMILY
RESIDENCE PROVIDING AN 8' REAR SETBACK (20' REQUIRED)
LOCATED AT 1900 SOUTHWEST 32 AVENUE, MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN) SUBJECT TO THE
FOLLOWING CONDITIONS: (1) THE COVERED TERRACE SHALL
NEVER BE ENCLOSED AND SHALL NEVER BE CONVERTED INTO AN
ADDITIONAL LIVING UNIT; (2) CITY INSPECTORS ARE
ENTITLED TO ENTER THE PROPERTY AT ANY TIME TO
ASCERTAIN COMPLIANCE WITH THIS CONDITION; (3) SHOULD
SUCH CONDITION BE VIOLATED THE PORTION OF THE COVERED
TERRACE WHICH EXTENDS INTO THE REAR SETBACK SHALL BE
REMOVED IMMEDIATELY; AND (4) A COVENANT SHALL BE
PROVIDED TO THE CITY IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY WITHIN THIRTY (30) DAYS FROM THE DATE OF THIS
HEARING SETTING FORTH ALL OF THE ABOVE CONDITIONS, OR
THE MATTER SHALL BE BROUGHT BACK TO THE CITY
COMMISSION IN JANUARY, 1992; SAID VARIANCE HAVING A
TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING
PERMIT MUST BE CONTAINED.
(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 Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins.
242 November 14, 1991
s
85. DISCUSS AND GRANT APPLICANT'S REQUEST TO CONTINUE CONSIDERATION OF
PROPOSED RESOLUTION APPEALING ZONING BOARD'S DECISION TO ALLOW A
MODIFICATION TO A SPECIAL EXCEPTION AT 2852 SHIPPING AVENUE AND 3121-
3125 MARY STREET, PREVIOUSLY APPROVED BY RESOLUTION ZB-74-90 (Owner /
Applicant: Rafael A. Sanchez, Sabal Properties) (Continued to January
23, 1992).
Mayor Suarez: PZ-9.
Mr. Olmedillo: PZ-9, the item is located... the property is located at 2852
Shipping Avenue and this is an appeal to the special exception which is
granted by the Zoning Board. The Zoning Board granted the original request
for the special exception. The Planning, Building and Zoning Department
recommended approval of that original request. Right now, we have on record,
Mr. Mayor, a fax signed by Benjamin Greer, president of Apogee Association,
and it reads as follows. Addressed to Gloria Fox, City of Miami, 3500 Pan
American Drive. Withdrawal of Apogee Association appeal 2852 Shipping Avenue,
3115...
Mayor Suarez: Does that mean they have basically agreed? Is that where we
are headed or you want to try to confirm that on the record, or what? Where
are we headed here?
Mr. Olmedillo: However, now, Gloria has communicated to me that the person
who signed this document, this letter, over the phone said, this letter was
not supposed to be released. So we are, at this point...
Mr. Benjamin Greer: Excuse me, Mr. Mayor.
Mayor Suarez: Wait, wait, wait. I just want to know where we are headed.
Among other things, I want to plan our tolerance level here for other items
and then to know if I have to swear everybody in. We are not clear where we
are, is that the problem? We are clear if this letter of agreement is
authorized or not, so, swear them in. And are you on the same team, or are
you the...? - OK. Swear them in. Is anyone else here on this item that wants
to speak?
Unidentified Speaker: The two parties are here.
Mayor Suarez: I thought it was the two parties and I guess now we will now if
they are the two parties or if they are in cahoots or what's going on. Both
of your be sworn in please.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
_ Mayor Suarez: OK. Are you by any chance Benjamin Greer?
Mr. Benjamin Greer: Yes, sir.
243 November 14, 1991
Mayor Suarez: And you are definitely, Raphael Sanchez.
Mr. Ralph Sanchez: Right.
Mayor Suarez: All right, we got that straight. Always well dressed. Now,
why can't they, if he is in fact the president of the Apogee Condominium
Association, and he is in fact Ralph Sanchez, the president of Sable
Properties which is the owner applicant, and they now tell us that they are in
agreement, why can't we put that in the record and go home?
Mr. Sanchez: Excuse me, Mr. Mayor, here is where we are.
Mayor Suarez: You're going to impede this from happening?
Mr. Sanchez: No, no. The only thing that we would like today.
Mayor Suarez: All right, tell us, Ralph.
Mr. Sanchez: We are trying to work out an agreement. We are.., there, it's
signed, the agreement is in escrow. That document, that letter unfortunately,
shouldn't have been released. It was released too early. We are to request a
sixty day deferral. We are both in favor.
Mayor Suarez: All right, as to that, is there any problem in our voting on a
sixty day referral during the pendency of this escrow negotiations? It sounds
so sophisticated.
Mr. Rodriguez: Should be a continuance to January 23rd.
Mayor Suarez: All right. I'll entertain a motion to that effect.
Vice Mayor Plummer: So moved.
Commissioner Alonso: Second.
Mayor Suarez: So moved and second. Any discussion? If not, please call the
roll.
Vice Mayor Plummer: Go home.
ON MOTION DULY MADE BY VICE MAYOR PLUMMER AND SECONDED BY
COMMISSIONER ALONSO THE ABOVE ITEM WAS CONTINUED TO THE COMMISSION
MEETING ON JANUARY 23, 1992, BY THE FOLLOWING VOTE:
244 November 14, 1991
0
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.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 5:59 P.M.
ATTEST:
Natty Hirai
CITY CLERK
Waiter J. Foeman
ASSISTANT CITY CLERK
Xavier L. Suarez
M A Y O R
245 November 14, 1991